24-1198 - 8564 - Ordinance ExecutedORDINANCE NO. 24-1198
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIFTH AMENDMENT TO A
CONTRACT BETWEEN THE CITY OF DENTON AND SCHNEIDER ELECTRIC SMART
GRID SOLUTIONS, LLC, FORMERLY TELVENT USA, LLC, AMENDING THE CONTRACT
APPROVED BY CITY COUNCIL ON MAY 7, 2013, IN THE NOT-TO-EXCEED AMOUNT OF
$491,813.75; SAID FIFTH AMENDMENT TO CONTINUE TO PROVIDE VENDOR SUPPORT
OF THE DENTON MUNICIPAL ELECTRIC (DN4E) ARCFM SOLUTION AND ASSOCIATED
SOFTWARE MODULES ALONG WITH NEW HARDWARE AND SOFTWARE UPGRADES,
WHICH IS THE SOLE PROVIDER OF THESE ITEMS, IN ACCORDANCE WITH TEXAS
LOCAL GOVERNMENT CODE 252.022, WHICH PROVIDES THAT PROCUREMENT OF
COMMODITIES AND SERVICES TFLAT 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 8564 – PROVIDING FOR A
TWO (2) YEAR TERM AND AN ADDITIONAL FIFTH AMENDMENT EXPENDITURE
AMOUNT NOT-TO-EXCEED $95,000.00).
WHEREAS, on May 7, 2013, by Ordinance No. 2013-118, the City awarded a contract to
Telvent USA, LLC, in the amount of $491,813.75, for the purchase of a Geographic
Information/Facilities Management System (GIS) software products for core operations, enhanced
web-based GIS, and a new Outage Management System; and
WHEREAS, on October 18, 2016, by Ordinance No. 2016-322, City Council awarded a First
Amendment to Telvent USA, LLC, in the amount of $129,401.00, for vendor support of the Denton
Municipal Electric (DME) ARCFM Solution and associated software modules along with new
hardware and software upgrades; and
WHEREAS, on August 8, 2018, Purchasing awarded a Second Amendment to Telvent USA,
LLC, in the amount of $4,667.00, for vendor support of the Denton Municipal Electric (DME)
ARCFM Solution and associated software modules along with new hardware and software upgrades;
and
WHEREAS, on March 3, 2020, by Ordinance No. 20-498, the City Council awarded a Third
Amendment to Telvent USA, LLC, in the amount of $142,000.00, to provide continued vendor
support of the Denton Municipal Electric (DME) ARCFM Solution and associated software modules
along with new hardware and software upgrades; and
WHEREAS, on April 8, 2022, Purchasing executed a Name Change with Schneider Electric
Smart Grid Solutions, LLC, formally Telvent USA, LLC; and
WHEREAS, on August 16, 2022, by Ordinance No. 22-1504, the City Council awarded a
Fourth Amendment to Schneider Electric Smart Grid Solutions, LLC, in the amount of $95,000.00,
to provide continued vendor support of the Denton Municipal Electric (DME) ARCFIVI Solution and
associated software modules along with new hardware and software upgrades; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the additional fees under the proposed Fifth 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 Fifth Amendment, increasing the amount of the contract between the City
and Schneider Electric Smart Grid Solutions, LLC, which is on file in the office of the Purchasing
Agent, in the amount ofNinety-Five Thousand and 00/100 ($95,000.00), is hereby approved, and the
expenditure of funds therefor is hereby authorized in accordance with said amendment which shall
be attached hereto.
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 their designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The mo+ion tP approvq this ordinance was made by Eft \n Up ck and
seconded by Jbe kbIt L.. J . This ordinance waspassed and approvedby thefollowing vote H- a :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2 :
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
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PASSED AND APPROVED this the i 8 th day of J b) n er . 2024
icr,<r/IOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:lr£aboc££GLanD