1994-216AN 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
51153 SOUTHWEST FLUID PRODUCTS $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 ~ 1994.
BOB CASTLEBERRY, MAY~ ~
ATTE ST:
JENNIFER WALTERS, CITY SECRETARY
APPJED'A~TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
BY: v -
DATE: NOVEMBER 22, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER # 511§3 - 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-McBirney 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-VS10-9107.
ectfully sub. mitted:
~City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
540.AGENDA
PAGE 1 of 4
80u~we~t ~luid groduc~s, Inc.
P, O. Box
Weatherford, Texas 76086
(817)5~4-0224
CONPIRMING PROPOSAL
October 28, 1994
Quote #94-155D
CITY OF DENTON
PURCHASING DEPARTMENT
901-B 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 gOB ~actory with fpeight allowed to
nea?est passable ?Dad $26,~75.00.
Estimated shipment 2 to 4 Weeks a~ter receipt of'engineers
and/or credit apppoval.
-Terms a~e Net 50 Days from date o~ invoice wi~h no ?etainage
al lowed
-The right to make and invoice for pa?tial shipments
specifically reserved. P~ices quoted are fo~ equipment only.
-P~ices are .valid for 50 days from date of quotation
-Conduit, ~l~lng and controls nor specifically not mentioned
are not included,
guaranteed.
SOUTHWEST FLUID PRODUCTS~ INC.
'Marcy A.')Pay~on Wimberley
Or'ce ~anager