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21-1920ORDINANCE NO. 21-1920 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH QUESTICA, INC., FOR THE RENEWAL EXTENSION OF BUDGETING SOFTWARE FOR THE BUDGET DEPARTMENT, 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 7778 — AWARDED TO QUESTICA, INC., IN THE FIVE (5) YEAR NOT -TO -EXCEED AMOUNT OF $325,000.00). 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 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. 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 7778 VENDOR Questica, Inc. AMOUNT $325,000.00 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 their designee, is hereby authorized to execute the contract relating to the items specified in Section 1, attached hereto, and the expenditure of funds pursuant to said contract 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 their designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by CI-f1� I�� and seconded by i m o',q u; cer . This ordinance was passed and approved by the following vote - 1: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: J Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5. Paul Meltzer, At Large PIace 6: PASSED AND APPROVED this the day of 2r \ 2 , 2021. ATTEST: ROSA RIOS, CITY SECRETARY ■ GERARD HUD ETH, MAYOR APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City A of Denton, +i �L emall=marcella.lunn@cityofdenton .com, X115 BY: Date: 2021.0831 15A633-o5'oo' DocuSign Envelope ID: 57FE34D9-982A-4D5B-B9F8-8D38BFE45048 0 CITY OF DENTON Docusign City Council Transmittal Coversheet FILE 7775 File Name Questica Enterprise Budget software Purchasing Contact Cori Power City Council Target Date SEPTEMBER 21, 2021 Piggy Back Option Not Applicable Contract Expiration SEPTEMBER 21, 2026 Ordinance 21-1920 E DocuSign Envelope [D; 57FE34D9-982A-4D56-B9F8-8D38BFE45D48 Renewal Amendment to Contract (Contract 7778) This Renewal Amendment to Contract (Contract 7778) (this Amendment) is entered into between City of Denton, Texas (Subscriber) and Questica, Inc. (Registered as Fraser Burlington, Inc. in Texas) (Questica). Background Subscriber and Questica have previously entered into Contract (6570), as amended (the Agreement). Capitalized terms used but not otherwise defined in this Amendment will have the meanings set forth in the Agreement. The parties desire to amend the Agreement as follows: Effective Date The terms of this Amendment are effective as of the latest date in the signature block. Extension Section 2 of Exhibit A will be deleted and replaced in its entirety with the following: The contract term will be five (5) years, effective from the date of the latest date in the signature block of the Amendment. The Contract shall commence upon the Effective Date and shall automatically renew each year, in accordance with the procedures set forth in the Agreement. At the mutual agreement of both parties, the Contract may be further extended as needed, not to exceed a total of six (6) months. Equipment, Hardware, and Support Attachment 1 to this Amendment includes Annual Subscription Fee for Questica Budget. This Attachment 1 shall supersede Exhibit F - Contractor's Proposal. 4 Contract Amount The contract total for the continued services shall not exceed $325,000. Updated contract number This Amendment constitutes a new agreement beginning on the Effective Date between the parties incorporating, except as amended herein, all the terms and conditions in the Agreement for all intents and purposes Such Agreement will have contract number 7778. Confirmation of Agreement This Amendment (together with all exhibits attached hereto) constitutes the entire agreement between the parties regarding the matters of this Amendment and supersedes all prior and contemporaneous agreements and understandings regarding the matters of this Amendment. In the event of a conflict between this Amendment and the Agreement as it relates to the matters of this Amendment, the terms of this Amendment will control. Otherwise, all terms and conditions of the Agreement will remain in full force and effect and likewise apply to this Amendment. DocuSign Envelope ID: 57FE34D9-982A-4D5B-B9F8-8D38BFE45D48 Authorized Signatures City of Denton, Texas DocuSigned by: '--5236DB296270423... Name: Sara Hensley Title: INTERIM CITY MANAGER Date: 09/21/2021 ATTEST: ROSA RIOS, CITY SECRETARY Docusignea by: BY: 14" [— 5E175493 APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY DocuSigned by: BY: �'Lt�.a 4B070831B4AA438... El Questica, Inc. Docu&gnedby�by- By:5 T Name: James McCall Title: VP, Professional Services Date: 8/31/2021 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Docuftned by: WS&A k.t,iVL $05... Leisha Meine PRINTED NAME Chief Technology officer TITLE Technology services DEPARTMENT DocuSign Envelope ID: 57FE34D9-982A-4D5B-B9F8-8D38BFE45D48 Attachment 1 0* Questica Contract Extension Quote Prepared for James Barnes City of Denton, TX By Todd Coulombe Questica Ltd. March 5, 2021 Questica w'' Where brilliant begins. DocuSign Envelope ID: 57FE34D9-982A-4D5B-B9F8-8038BFE46048 Select a Document Type. Quotation ID#: Q20210305 Rev [R1] March 5, 2021 Requirement: The original contract No. 6570 between Questica Ltd. and the City of Denton, TX expires on August 28, 2021. Questica is providing this quote to the City of Denton, TX for the purpose of completing a new contract for an additional 5 years, from Aug 29, 2021 to Aug 28, 2026. Quote The new yearly subscription rate for Questica Budget is $56,505.00 as detailed below: Aug 29, 2021 to Aug 28, 2022 - $56,505.00 Aug 29, 2022 to Aug 28, 2023 - $56,505.00 Aug 29, 2023 to Aug 28, 2024 - $56,505.00 Aug 29, 2024 to Aug 28, 2025 - $56,505.00 Aug 29, 2025 to Aug 28, 2026 - $56,505,00 The annual subscription fee is payable in advance of the start date of the annual renewal period. 0 Questica Ltd, March 5, 2021 Page 2 of 3 DocuSign Envelope ID: 57FE34D9-982A-405B-B9F8-8D38BFE45D48 Acceptance Quotation ID#: Q20210305 Rev [R1] March 5, 2021 Authorized Signature: Authorized Name: Organization Name: City of Denton, TX PO/Reference: Date: Upon accepting this offer, please scan and email back all pages of the signed Quotation and include an authorized purchase order, if applicable. QUESTICA, Ltd. Authorized Signature: Authorized Name: Organization Name: Questica Ltd. Date: © Questica Ltd. March 5, 2021 Page 3 of 3 DocuSign Envelope ID: 57FE34D9-982A-4D5B-B9F8-8F)38BFE45048 Attachment 1 N� Questica Contract Extension Quote Prepared for James Barnes City of Denton, TX By Todd Coulombe Questica Ltd. March 5, 2021 a Questica Where brilliant begins. DocuSign Envelope ID: 57FE34D9-982A-4D5B-59F"D38BFE45D48 Select a Document Type. Quotation ID#: Q20210305 Rev [111] March 5, 2021 Requirement: The original contract No. 6570 between Questica Ltd. and the City of Denton, TX expires on August 28, 2021. Questica is providing this quote to the City of Denton, TX for the purpose of completing a new contract for an additional 5 years, from Aug 29, 2021 to Aug 28, 2026. Quote The new yearly subscription rate for Questica Budget is $56,505.00 as detailed below: Aug 29, 2021 to Aug 28, 2022 - $56,505.00 Aug 29, 2022 to Aug 28, 2023 - $56,505.00 Aug 29, 2023 to Aug 28, 2024 - $56,505.00 Aug 29, 2024 to Aug 28, 2025 - $56,505.00 Aug 29, 2025 to Aug 28, 2026 - $56,505.00 The annual subscription fee is payable in advance of the start date of the annual renewal period. © Questica Ltd. March 5, 2021 Page 2 of 3 DocuSign Envelope ID: 57FE34D9-982A-4D5B-B9F8-8D38BFE45D48 Acceptance Quotation ID#: Q20210305 Rev [R1] March 5, 2021 Authorized Signature: Authorized Name: Organization Name: City of Denton, TX PO/Reference: Date: Upon accepting this offer, please scan and email back all pages of the signed Quotation and include an authorized purchase order, if applicable. QUESTICA, Ltd. Authorized Signature: Authorized Name: Organization Name: Questica Ltd, Date © Questica Ltd. March 5, 2021 Page 3 of 3 DocuSign Envelope ID: 57FE34D9-982A-4D5B-B9F8-8D38BFE45i748 Exhibit CIQ CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Questi ca Inc. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71" business day after the date on which you became aware that the originally fled questionnaire was incomplete or inaccurate. 3 1 Name of local government officer about whom the information in this section is being disclosed. N/A Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? ❑ ❑ No Yes B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity Yes ❑ No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? ❑ ❑ No Yes D. Describe each employment or business and family relationship with the local government officer named in this section. 4 X I have no Conflict of Interest to disclose. 5 IIocusigned by 8/31/2021 MR mogM #Mf -doing business with the governmental entity Date