1996-230 ORDINANCE NO C~/0 '~3(~
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 patonts, copyrights, secret processes or natural monopolies, films, manuscripts or books,
electricity, gas, water and other utility purchases, captive replacement parts or components for
eqmpment, 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 l That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved
PURCHASE
ORDER35tUMBER _V__EN_ DOR AMOUNT
70304 DAVIS WATER & WASTE INDUSTRIES $41,610 00
SECIiOB[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 vath 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 ~s hereby
authorized
SECTION IV_ That this ordinance shall become effective lmmedmtely upon ~ts passage and
approval
PASSED AND APPROVED th~s the/~day of ~ , 1996
JACK MILLER, MAYOR /j
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
SOLE SOURCE
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DATE OCTOBER 15, 1996
CIT_Y_COJ21h~21L REPORT
TO Mayor and Members of the C~ty Council
FROM Ted Benavldes, City Manager
SUBJECT PURCHASE ORDER//70304; DAVIS WATER AND WASTE INDUSTRIES
RECOMMTENII~ATION: We recommend purchase order #70304 be approved to Daws Water and
Waste Industries ~n the amount of $41,610 00
SUMMARY: Purchase Order #70304 is for the acqmsmon of approximately 20,805 gallons of
Blomde Bloxlde Is a ehemmal additive designed for the removal of dissolved hydrogen sulfide and
reduction of sewage BOD in sewers It Is a registered trademark of Davis Water and Waste lndusmes
and only available from them
This product was chosen after several attempts to control the odor problems that the Hickory Creek
wastewater line was creating in certain areas
B~oxide is a product protected by Patent #4,911,843 and ~s exempt from the b~d process as outhned
m Texas Local Govt Code Chapter 252
The estimated quantity is an annual supply and will be released for shipment as needed
BACKGROUND: Purchase Order #70304 to Davis Water and Waste Industries, Letter from Davts
Water and Waste Industries dated August 28, 1996, Memo from Jim Coulter, Enmronmental Services
Manager
PROGRAMS.. DEPARTMENTS OR GROUPS AFFECTED. Environmental Services Dlws~on,
Citizens affected by the Hickory Creek Sewerhne
FISs~ALJJdP~ Funds for the purchase of Bloxide will come from 1996/97 budget expenditures,
account #625-082-0470-8502 Special Services
Respectfully submitted
Ted Benavides
City Manager
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
779 AGENDA
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Shlpp;ng Address Mailing Address
P I:1 0 I~ E S ~J d i w. 2650 Tallevast Road P 0 Box 29
Sarasota FL 34243 TaJlevast FL 34270 0029
941 355 2971
FAX 941 351 4756
August 28, 1996 Fax (817) 383-7507
Mr J~m Coulter
City of Denton
1100 Mayhlll Road
Denton, TX 76208
RE' SOLE SOURCE BIOXIDE®
Dear Mr Coulter
Daws Water & Waste Industries, Inc, Process D~wslon ~s the sole source prowder of BIOXIDE®
The pumhase of BIOXIDE® from Daws Water & Waste Industries, Inc constitutes an ~mphed
license to practice the process of "Removal of D~ssolved Hydrogen Sulfide and Reduction of Sewage
BOD m Sewers and Other Waste Systems", as described in Umted States Patent//4,911,843 (Se~
enclosed copy )
Should you have any questions or reqmre addmonal ~nformat~on please feel free to contact me at 1-
800-345-3982
Sincerely,
DAVIS WATER & WASTE INDUSTRIES, INC
Process Division
Lee Kamer
Sales Representattve
A \DENTOIq SS
October 1, 1996
TO Demse Harpool
Semor Buyer
FROM J~m Coulter
Enwronmental Services Manager
Th~s memo Is to prowde backup for our use of Blox~de for the control of hydrogen
sulfide odors ~n the W~mbleton Neighborhood ^ year long study was conducted to
determine what product would reduce the levels of hydrogen sulfide ~n the H~ckory
Creek hne The use of B~ox~de was selected after a trial during March of th~s year
The product proved to be extremely effecbve m the ehm~nat~on of hydrogen sulfide
gas The use of B~ox~de was selected for its effectiveness and ~t ~s a nonhazardous
chemical
It takes approximately 57 gallons of B~ox~de a day to treat the hydrogen sulfide odors
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