20-429 - 5770 - Amendment 3 Ordinance ExecutedORDINANCE NO. 20-498
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A THIRD AMENDMENT TO A SOLE
SOURCE AGREEMENT BETWEEN THE CITY OF DENTON AND TEL VENT USA, LLC,
AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON MAY 7, 2013, IN THE
NOT-TO-EXCEED AMOUNT OF $491,813 .75; AMENDED BY AMENDMENTS 1-2
APPROVED BY PURCHASING; SAID THIRD AMENDMENT TO PROVIDE CONTINUED
VENDOR SUPPORT OF THE DENTON MUNICIPAL ELECTRIC (DME) ARCFM SOLUTION
AND ASSOCIATED SOFTWARE MODULES ALONG WITH NEW HARDWARE AND
SOFTWARE UPGRADES; 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; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(FILE 5770 -PROVIDING FOR AN ADDITIONAL THREE (3) YEAR TERM AND THIRD
AMENDMENTEXPENDITUREAMOUNTNOT-TO-EXCEED$142,000, WITHTHETOTAL
CONTRACT AMOUNT NOT-TO-EXCEED $722,980.75).
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 fortheDME GIS Upgrade to Version 10.2.1a; and
WHEREAS, the additional fees under the proposed Third 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 Third Amendment, increasing the amount of the contract between the City
and Telvent USA, LLC, which is on file in the office of the Purchasing Agent, in the amount of One
Hundred Forty-Two Thousand Five Hundred and 00/100 ($14 2, 500) Dollars, is hereby approved and
the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total
contract amount increases to $722,980.75 .
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 ofDenton
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 tfG"EL y /3h (;d'r:? and seconded
by 1..7/;lilll IZ V dill , the ordinance was passed and approved by the following
vote [ ~-_Q_J: '
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:
Aye
v'
v'
Nay Abstain Absent
PAS SED AND APPROVED this the d&i day of 'l':'t-?.1 , ·!t_ , 2020.
CX w~
CHRIS WATTS, MAYOR
ATTEST:
ROSARIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY ,dt 1?/t~wJ)