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2014-368!'� � • �'� •'�` AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING SOFTWARE MAINTENANCE FOR MAINTENANCE AND SERVER PATCH MANAGEMENT SERVICES FOR CONTINUED VENDOR SUPPORT FOR DENTON MUNICIPAL ELECTRIC SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SOFTWARE MODULES, 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 BIDDIIVG; AND PROVIDING AN EFFECTIVE DATE (FILE 4074 AWARDED TO OPEN SYSTEMS 1NTERNATIONAL, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $180,000). WHEREAS, Section 252.022 of the Local Governtnent 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; and need not be submitted to competitive bids; and WHER.EAS, 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: �a��"°� CONwI. 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, are hereby approved: FILE NUMBER VENDOR AMOUNT 4074 Open Systems International, Inc. $1$0,000 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 monopalies; films, manuscripts ar 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 persan 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 4074 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�����m� PASSED AND APPROVED this the �� �� �__ day of ����r��,��' _�����„, 2014. �..,.�� � . ...��.. �e � _� J �� � .............____,.� ���� �.�.....�.... e.�_"..� ._.... ...mm........_.. . CHRIS W�'���""����C�"�, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: . ...� ,';,����_�� � � ��� _. °��,��� '',� ,�,� � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �� ��,�� � � �`� � � �� � � � � � �� , BY. �, ° ° �`"�- ... �°, ,�� � � ���n.�� � .� �.�.`,� �- � , � ` " ,�,. ,�"