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20-2493ORDINANCE NO.20-2493 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A CONTRACT BETWEEN THE CITY OF DENTON AND CLEVEST SOLUTIONS INC.. AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON JUNE 1 1, 2019, IN THE NOT-TO-EXCEED AMOUNT OF $288,840.03, SAID FIRST AMENDMENT TO PROVIDE ADDITIONAL VENDOR SUPPORT OF THE MOBILE WORKFORCE MANAGEMENT SOFTWARE AND PROFESSIONAL SERVICES FOR DENTON MUNICIPAL ELECTRIC: WHICH IS THE SOLE PROVIDER OF THIS SOFTWARE 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; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7056 – PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $59,400.00 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $348,240.03). WHEREAS, on June 11, 2019, by Ordinance No. 19-1219, the City awarded a contract to Clevest Solutions, Inc., in the amount of $288,840.03 for the mobile workforce management (MWM) solution that supports Electric service tickets, Electric meter service orders, Texas 81 1 Locate tickets, automated vehicle locations, integration with the outage management system, and submission of Water service requests via Cityworks; and WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable and are consistent with and not higher than the recommended practices and fees applicable to the Provider’s profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment, increasing the amount of the contract between the City and Clevest Solutions, Inc., which is on file in the office of the Purchasing Agent, in the amount of Fifty-Nine Thousand Four Hundred Dollars and 00/100 ($59,400), is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $348,240.03 . 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 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. ' ' The motion to approve this ordinance was made by -last nHiS and s e c o n dne d bey iIA ) t h e o r d i hH:h; t h efollowing vote FL - D Aye 34 Ia I I uP Nay Abstain Absent Mayor Gerard Hudspeth: Birdia Johnson. District 1 : Connie Baker, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the \nth(lay of \)ecLea\her . 2020 KmrNn–Y–MmDl‘ ATTEST: ROSA RIOS, CITY SECRETARY vfLa q cfT€ £6cacTq eY1 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY:Marala }\Wh