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20-2131ORDINANCE NO.20-2131 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AMENDING ORDINANCE NO. 20-1064 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TEXAS EXCAVATION SAFETY SYSTEM, INC., FOR THE CONTINUATION OF THE SERVICES FOR UTILITY LINE LOCATES FOR THE WATER DISTRIBUTION DEPARTMENT, WASTEWATER C'OLLE(.'TIONS. WATER METERING, AND DENTON MUNICIPAL ELECTRIC DEPARTMENT PROVIDED BY TEXAS 811, WHICH IS THE SOLE PROVIDER OF THESE (_'OMMODITIES AND SERVICES, IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 252.022, WHICH PROVIDES THAT PROCUREMENT OF COMMODITIES AND SERVICES THAT ARE AVAILABLE FROM ONE SOURCE ARE EXEMPT FROM COMPETITIVE BIDDING, AND IF OVER $50,000 SHALL BE AWARDED BY THE GOVERNING BODY; AND PROVIDING AN EFFECTIVE DATE (FILE 7336 – AWARDED TO TEXAS EXCAVATION SAFETY SYSTEM, INC., IN THE FIVE (5) YEAR NOT-TO-EXCEED AMOUNT OF $300,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, Ordinance 20-1064 is amended by this ordinance to correct the name of the vendor from “Centricity GIS” to the appropriate contracting vendor, Texas Excavation Safety Systems, Inc.; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance 20-1064 is hereby amended to correct the name of the awarded vendor from “Centricity GIS” to the appropriate contracting vendor, Texas Excavation Safety Systems, Inc. The following purchase of materials, equipment or supplies, as described in the “File” listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 7336 Texas Excavation Safety System, Inc.$300,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager, or his designee, is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. secodIH>h\aPrH tU;nance was rebd the following vote FL - a : Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: q/ / ,/ g ./7-X PASSED AND APPROVED this the Il Fb day of OC, yO\)eq , 2020. ATTEST: ROSA RIOS, CITY SECRETARY BY:_eJ&rg APPROVED AS TO LEGAL FORM: AARON LEAL. CITY ATTORNEY