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HomeMy WebLinkAbout1994-216q11ORDINANCE NO. — C>?* AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. 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; 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 I. That the following purchases of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER 51153 VENDOR SOUTHWEST FLUID PRODUCTS AMOUNT $27,095.00 SECTION II. That 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 III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of AG.1 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY U9 APPA6VED AS"TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY DATE: NOVEMBER 22, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER # 51153 - SOUTHWEST FLUID PRODUCTS RECOMMENDATION: We recommend this purchase order to Southwest Fluid Products be approved in the amount of $27,095.00 for five (5) Sanitary Sewer open channel flow meters. SUMMARY: This purchase order is a sole source acquisition for five Marsh- McBirney Sanitary Sewer Flow Meters. Southwest Fluid Products is the exclusive supplier of these meters and therefore not available from any other source. A similar requirement was submitted for formal bid in 1992 and only one bid, Southwest Fluid Products was received. The price at that time was $6,959.00, currently it is $5,419.00. These flow meters are controlled by use of Flo -Tote T-40 software which is proprietary to Marsh-McBfrney Inc. and protected by copyright. Only Marsh- McBirney meters are compatible with our existing system and application software. Texas Local Government Code Chapter 252 exempts proprietary, sole source items from the bid process. BACKGROUND: Purchase Order #51153, Proposal from Southwest Fluid Products, Inc. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Waste Water Treatment Plant FISCAL IMPACT: Funds for this purchase are available in the 1992 Revenue Bond budget account #673-082-RB92-V510-9107. ZRectfullysubmitted: d a ff�Y� ity Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 540.A0ENOA NYm N D z m o < Z ti CD ti C) m ZO H £ ro N m m O N z 9 O C O z H H c k x co x n m O £ r L x x m O z 'j N 0 o CO H r m d r ro N C a C7 ro O H 0 � x d c m 0) n at H O N A O co 0) C- x m co I VN r r W LZ1 N O w V < o fNii 0z �o0 MITI m CD coCD oxm �NZ o N N A O O n m �mz mm AO� H NZ O N z wm DzY x• U) om D m o m 00V z z r £ z rn H £ H No O H z A z m m ro x z r N A > H N z w m z m A w x N m n K m y m m m N z x H m < m z H ) H L) z V N 4 r N H 0 0 m m O r PAGE 1 of 4 Southwest Fluid Products, Inc. P. 0. Box 841 Weatherford, Texas 76086 (817)594-0224 I '1 -09--9/11' 12:24 3938 CONFIRMING PROPOSAL October 28, 1994 Quote #94-135D CITY OF DENTON PURCHASING DEPARTMENT 901-9 TEXAS STREET DENTON, TEXAS 76201 ATTN: MR. GARY MYERS PROJECT: MARSH McBIRNEY MODEL 260A We are pleased to quote the following equipment: Five (5) Marsh McBirney model 260-A portable meter. TOTAL PRICE FOB factory with freight allowed to Jobsite or nearest passable road $26,975.00. Estimated shipment to 4 weeks after receipt of engineers and/or credit approval. -Terms are Net 30 Days from date of invoice with no retainage allowed -The right to make and invoice for partial shipments is specifically reserved. Prices quoted are for equipment only. -Prices are.valid for 30 days from date of quotation -Conduit, wiring and controls nor specifically not mentioned are not included. -Interpretation of plans and specifications is not guaranteed. SOUTHWEST FLUID PRODUCTS, INC. ,, % __ . ' Marcy A.`Paytion Wimberley Oft�`ice Manager