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21-173ORDINANCE NO. 21-173 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNI(_'IPAL CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT WITH PROCORE TECHNOLOGIES, INC. THROUGH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG), CONTRACT #2020-064 AND RATIFY A CONTRACT EXECUTED BY PURCHASING AGENT WITH CALANCE SOFTWARE PVT. LTD. WHICH IS THE SOLE PROVIDER OF THESE COMMODITIES AND SERVICES, IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 252.022, WHICH PROVDES THAT PROCUREMENT OF COMMODITIES AND SERVICES THAT ARE AVAILABLE FROM ONE SOURCE ARE EXEMPT FROM COMPETiTrvE BIDDING, FOR THE PURCHASE AND IMPLEMENTATION OF PROJECT MANAGEMENT SOFTWARE FOR THE ENGINEERING DEPARTMENT; PROVHDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7533 – AWARDED TO PROCORE TECHNOLOGns, INC., N THE TWO (2) YEAR NOT-TO-EXCEED AMOUNT OF $363,078.00). WHEREAS, pursuant to Contract #2020-064, the North Central Texas Council of Governments (NCTCOG) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager, or a designated employee, has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the North Central Texas Council of Governments (}{CTCOG) contract at less cost than the City would expend if bidding these items individually; and 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, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein and the City Council wishes to procure one or more of the items subject to sole source procurement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the “File Number” referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 7533 Procore Technologies, Inc. Calance Software Pvt. Ltd. $363,078.00 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the North Central Texas Council of Governments (NCTCOG) for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities, and for the specified sums contained in the bid documents and related documents filed with the North Central Texas Council of Governments (NCTCOG) and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City’s ratification of bids awarded by the North Central Texas Council of Governments (NCTCOG), the City Manager, or his designated representative, is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, and standards contained in the Proposal submitted to the North Central Texas Council of Governments (NCTCOG), and related documents herein approved and accepted. SECTION 4. The City Council hereby ratifies that the sole source contract with Calance Software Pvt. Ltd., to provide integration and other services related to the Procore Technologies, Inc. procurement, 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 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. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ord seconded by (',Qa(\\ Q l3cLeZF nance was made by -Bst -bag: ) ' the ordinance was passed and approved by the following vote U - U Aye ,/ Va ,/ „,‘ / J 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 Meltzu, At Large Place 6: PASSED AND APPROVED thi, th, q+b d,y ,fl JCb(_, 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 1111111111f APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY, \N,LkMJX Bydac IsI:::c=LUiS:Ini!:.ndnc=codad ab?b1\{}=F ::\IIfE::C==LFIiE ::1:::11q::r =rn e ra 1 Date: 2021.01 .22 1 6:54:37 <)6'OO' IJ