22-1504 - 8048 - Ordinance ExecutedORDINANCE NO. 22-1504
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FOURTH AMENDMENT TO ACONTRACT 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 FOURTH AMENDMENT TO CONTINUE TO PROVIDE VENDOR
SUPPORT OF THE DENTON MUNICIPAL ELECTRIC (DME) ARCFM SOLUTION ANDASSOCIATED 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 PROCUREMENTOF 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 8048 – PROVIDING FOR ATWO (2) YEAR TERM AND AN ADDITIONAL FOURTH AMENDMENT EXPENDITURE
AMOUNT NOT-TO-EXCEED $95,000.00).
WHEREAS, on May 7, 2013, by Ordinance No. 2013-118, the City awarded a contract toTelvent 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, this procurement was undertaken as part of the City’s governmentalfunction; and
WHEREAS, the additional fees under the proposed Fourth 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 Fourth Amendment, increasing the amount of the contract between the
City and Schneider Electric Smart Grid Solutions, LLC, formerly Telvent USA, LLC, which is on
file in the office of the Purchasing Agent, in the amount of Ninety-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.
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 herebyauthorized.
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.
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Th, m,ti,„ t, ,pp„„, thi, „di„,„„ w„ m,d, by ---ieHe M iS m
seconded by BriAn &ck , the ordinance was passed and approved by the
following vote [] -U
Aye
V/
32
y/Ja,/
1/r
Nay Abstain Alnent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck. District 2:Jesse Davis. District 3 :
Alison Maguire, District 4 :
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the day of J@ IP
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ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:MACK RErNWAND, CITY ATTORNEY
Digitally signed by MarcellaLunn
DN: cn=Marcella Lunn. o.
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Date: 2022.08.10 1 6:47:21
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