2017-315 6587 ORDINANCE Digital Fault Recorders DME Subs*RDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE PURCHASE OF ERL TESLA 4000 DIGITAL
FAULT RECORDERS (DFR) WHICH ARE REQUIRED TO BE INSTALLED ON ALL
TEXAS MUNICIPAL POWER AGENCY (TMPA) SUBSTATIONS THAT THE CITY OF
DENTON CONTRACTS WITH. ERLPHASE POWER TECHNOLOGIES, LTD. IS THE
SOLE -SOURCE MANUFACTURER AND DIRECT SELLER OF THE ERL TESLA 4000
DIGITAL FAULT RECORDER. THEREFORE THIS SYSTEM IS AVAILABLE FROM
ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS
LOCAL GOVERNMENT CODE, 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,
AND PROVIDING AN EFFECTIVE DATE (FILE 6587 AWARDED TO ERLPHASE POWER
TECHNOLOGIES, LTD. IN THE THREE (3) YEAR NOT -TO -EXCEED AMOUNT OF
$293,216).
WHEREAS, Sectiop 252,022 of the m[,,ocal Go en,ipi pt 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 VENDOR AMOUNT
6587 ERLPhase Power Technologies, Ltd. $293,216 (the "Proposal")
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, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 6587 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /Tf� _, day of LC±3heX-, 2017.
CHRI(.... �
,*A' .I.S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APP )'QED AS TO LEGAL FORM:
AAR N LEAL, CITY ATTORNEY
BY