1995-245 ORDINANCE NO. q~-~5
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 VENDOR AMOUNT
61522 KVB/ANALECT $26,500.00
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 ~~~, 1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
DATE: DECEMBER 5, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: PURCHASE ORDER #61522 - KVA/ANALECT - $26,500.00
RECOMMENDATION: We recommend this purchase order to KVB/Analect, in the
amount of $26,500.00, be approved for payment.
SUMMARY: This purchase order is for the sole source acquisition for EPA required
software upgrade to version 1.3 for "Continuous Emissions Monitoring Systems" at
the Electric Production Plant. "Compliance" tm EPA 1.3 version software upgrade
and license agreement is available only thru KVB as sole source due to confidential
and proprietary software development.
BACKGROUND: Purchase Order #61522, Memorandum from Jim Thune dated
November 27, 1995.
PROGRAMS, DEPARTMI~NTS OR GROUPS AFFECTED: Electric Production Plant,
Electric Utility Department, Electric Utility Department, Electric Utility Customers
of the City of Denton.
FISCAL IMPACT: Budgeted funds for Electric Production for 1996; Account #610-
101-1011-3120-9202.
Rick SvehIa
Acting City Manager
Prepared by:
Name: Denise Harpool [
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
661 .AGENDA
City of Denton Utilities
1701 A Spencer Road · Denton, Texas 76205 · (817) 383 - 7551 · Fax: (817) 383 - 7555
November 27, 1995
Tom Shaw
Purchasing Agent
City of Denton
Subject: City Council consent agenda item: KVB Software upgrade, EPA version 1.3
Dear Tom:
Please prepare a consent agenda item for the attached requisition # 165761, software upgrade for
ComplianceTM EPA 1.3. Support documentation is provided as follows:
RECOMMENDATION:
The electric utility recommends executing a purchase order with KVB/Analect for ComplianceTM
EPA 1.3 version software upgrade and license agreement. The upgrade is required due to Federal
Acid Rain Program revised regulations effective January 1, 1996. Software upgrade is available
only thru KVB as sole source due to confidential and proprietary software development.
SUMMARY:
The Denton Municipal Generating Station, Spencer Units Four and Five, are equipped with
federally required" Continuous Emissions Monitoring Systems" (CEMS). Revised regulations
have been implemented by the Environmental Protection Agency (EPA) concerning the Acid Rain
Program. Revisions to the regulation require modification of the existing Data Acquisition and
Storage (DAS) software to comply with federal Electronic Data Reporting (EDR) requirements
starting January 1, 1996. KVB/Analect provided ComplianceTM software with the installation of
the Denton CEMS. KVB is the sole source for upgrade of ComplianceTM software due to
proprietary and confidential license arrangements. This recommendation is for upgrade of
Denton's DAS software to enable compliance with federal EPA requirements.
BACKGROUND:
The United States Environmental Protection Agency responsible for implementation of the Clean
Air Act Amendments of 1990, established the Acid Rain Program to reduce emissions of sulfur
dioxide and nitrogen dioxide from electric utility plants. The Acid Rain Program regulations
require submission of Continuous Emission Monitoring Systems(CEMS) certification applications
and quarterly reports (including monitoring plan updates) in electronic format(40 CFR 75.63 and
75.64). The required data elements are listed and described in 40 CFR 75.50-75.52. EPA has
revised reporting requirements and issued Version 1.3 replacing Version 1.1. The Electronic File
Formats and Record Structures Tables provide the necessary information to submit required
electronic reports to the U.S. Environmental Protection Agency. Electronic Report Record Types
provide an index listing all the possible record types to be submitted in an electronic report. The
Tom Shaw
Page 2
November 27, 1995
specific computerized layout or "record structures" of the electronic reports contain the following
types of data: Quarterly Emission Data, Monitoring Plan Data and Certification-QA/QC Test
Data. Record structures define the order, length, and placement of information within the
electronic report "file." Specifically, the Tables provide the Record Type, Type Code, Start
Colunm, Data Element Description, Units, Range, length, and Fortran Format for each data
element in the electronic report.
Revisions to the report for our CEM involve addition of the following record and record types:
Record Number Record Type
101 Record Types Submitted
302 Oil fuel flow rate
303 Gas fuel flow rate
313 SO2 mass emissions alternative estimation parameter for oil
314 SO2 mass emissions alternative estimation parameter for natural
gas
530 Span and Calibration gas table
540 Fuel flowmeter table
555 Monitoring System recertification Event
612 Reference Method supporting data for Gas RATA
613 Reference Method 2 supporting data for Flow RATA
621 Cycle Time/Response Time test data results
These revisions must be incorporated into the ComplianceTM software database prior to January 1,
1996, to allow compliance with EPA regulations. KVB/Analect is the sole source for upgrades to
the ComplianceTM software used in the Denton CEMS. This order provides funding for the
upgrade and license agreement associated with the software.
FISCAL IMPACT:
Cost of upgrade and software license agreement totals $26,500. This item was funded in the 1996
budget at $45,000.
Please advise me if additional material or information would be helpful in preparation of this
matter for Council approval.
Thank you,
lectric Production Division
cc:Bob Nelson and purchase file RQ 165761