2012-032ORDINANCE NO. 2012-032
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR A FIVE
YEAR CONTRACT FOR SOFTWARE MAINTENANCE FOR THE SOLID WASTE
DEPARTMENT'S WEIGHSTATION AND COMPUROUTE SOFTWARE PROGR.AM
FROM PARADIGM SOFTWARE, L.L.C., WHICH IS AVAILABLE FROM ONLY
ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS
LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (FILE 3808-FIVE YEAR CONTRACT FOR MAlNTENANCE OF
WEIGHSTATION AND COMPUROUTE SOFTWARE AWARDED TO PARADIGM
SOFTWARE, L.L.C., IN A FIVE YEAR AMOLJNT NOT TO EXCEED $110,000).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurernent 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
3808 Paradigm Software, L.L.C. $110,000
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 3808 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.
5L
PASSED AND APPROVED this the �� �— day of 2012.
u•• •
._
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,
BY: �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
� �
BY:
5-O - ile 3808 <
Amendment #10 to the Svstem Implementation A�reement
THIS �NDMENT is made and effective January 1, 2012, between Paradigm Software, L.L.C.
("PARADIGM") and the City of Denton, TX ("CUSTOMER").
PARADIGM and CUSTOMER entered into a certain Standard Support Services Agreement dated
September 9, 2002 ("Agreement").
PARADIGM and CUSTOMER desire to amend the Agreement to effectuate certain changes and
revisions thereof.
NOW, THEREFOR, for and in consideration of the foregoing recitals and other good and valuable
consideration, the receipt of which is hereby acknowledged, PARADIGM and CUSTOMER hereby amend
the Agreement as Follows:
l. Extend the Grant of License through December 31, 2016.
Except as hereinabove set forth, the Agreement shall remain unmodified and be in full force and
effect.
READ, j_TNDERSTOOD AND EXECUTED on the date indicated below.
Customer:
CITY OF DENTON, TX:
1527 S. Mayhill Road
Den , TX 08
By:
D/i% T �
(Type or Print Name)
�c'-rir,/� C�i�/ ���/�c��7�
(T'itle)
Date:� ;? / ���Q /z
DETX SIA AMENDMENT #10 2012.docx
2/3/2012
Accepted by:
PARADIGM SOFTWARE, L.L.C.:
10944 ]
Hunt V
�
ClcielW. Barlow, II ��/
ice President
0 �/ ��j �
Page 1 of 1
Amendment #10 to the Standard Support Services A�reement
THIS AMENDMENT is made and effective January 1, 2012, between Paradigm Software, L.L.C.
("PARADIGM") and the City of Denton, TX ("CUSTOMER").
PARADIGM and CUSTOMER entered into a certain Standard Support Services Agreement dated
September 9, 2002 ("Agreement").
PAR_ADIGM and CUSTOMER desire to amend the Agreement to effectuate certain changes and
revisions thereof.
NOW, THEREFOR, for and in consideration of the foregoing recitals and other good and valuable
consideration, the receipt of which is hereby acknowledged, PARADIGM and CUSTOMER hereby amend
the Agreement as Follows:
1. Extend the Standard Support Services Agreement through December 31, 2016;
2. Annual Service Charge is based on CUSTOMER's current configuration. Any modifications,
additions or deletions to the configuration may increase or decrease the Annual Service Charge.
3. Standard Support Services. During the term of this Agreement, PARADIGM will provide to
CUSTOMER its Standard Support Services described in this paragraph. Subject to the license
granted to CUSTOMER under the System Implementation Agreement, PARADIGM will
provide technical services to design, code, check out and deliver amendments or alterations of
the Software necessary to correct or solve any programming error attributable to PARADIGM
which caused the Software not to perform substantially as described in the current, standard
editions of manuals delivered to CUSTOMER by PARADIGM pertaining to the use of the
Software (the "Documentation"). Such services will be promptly provided after CUSTOMER
has identified and notified PARADIGM of any such error in accordance with PARADIGM's
reasonable reporting procedures as in effect from time to time. PARADIGM will also provide
reasonable telephone consultation in the use and operation of the Software during the hours of
7:30 a.m. through 6:00 p.m. Eastern Time on weekdays, except PARADIGM holidays. Such
consultation will be available only to one contact or alternate, designated by CUSTOMER in
advance in writing from time to time. Services provided in response to requests from someone
other than this designee will be billed by PAR.ADIGM on a time and materials basis. In
addition, if PARADIGM elects to include them under its Standard Support Services program
and does not market them separately to Standard Support Services customers generally,
PARADIGM will deliver updates of the Software to CUSTOMER from time to time, without
any charge other than as specified on the Software Support Schedule.
Annual Service Char�e:
Service Char�e Through December 31, 2016 (not to exceed):
DETX SSSA AMENDMENT # 10 2012.docx
2/3/2012
16�� / Year
$ ll 0,000.00
Page 1 of 2
4. Except as hereinabove set forth, the Agreement shall remain unmodified and be in full force and
effect.
READ, UNDERSTOOD AND EXECUTED on the date indicated below:
Customer:
CTTY OF DENTON, TX:
1527 5. Mayhill Road
Den n, TX 208
By:
o O�T�GN�
( ype or rint Name)
h'�Ti�/� ��Ty �3'I�idAF��2
(Title)
Date: U2 �/��G/2
DETX SSSA AMENDMENT # 10 2012.docx
2/3/2012
Accepted by:
PARADIGM SOFTWARE, L.L.C.:
10944Beaver
Hunt ValJ�y�
ick% W. Barlow, II
ice President
� _� �� / �
Page 2 of 2