2017-312AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THREE (3) YEAR METERING SOFTWARE AND
HANDHELD HARDWARE MAINTENANCE FOR CONTINUED VENDOR SUPPORT AND
UPGRADES FOR THE METER DATA MANAGEMENT SYSTEM (MDMS) FOR DENTON
MUNICIPAL ELECTRIC DEPARTMENT, WHICH IS ESSENTIAL TO ENSURE
AVAILABILITY OF UPGRADES, SOFTWARE FIXES, AND ACCESS TO KNOWLEDGE
AND SUPPORT RESOURCES. ITRON, INC. IS THE SOLE -SOURCE VENDOR FOR
CONTINUED UPGRADE, SUPPORT AND MAINTENANCE FOR ITRON SOFTWARE
AND HARDWARE. THEREFORE THIS SYSTEM IS AVAILABLE FROM ONLY ONE
SOURCE AND IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 252.022,
PROVIDES THAT PROCUREMENT OF COMMODITIES AND SERVICES THAT ARE
AVAILABLE FROM ONE SOURCE ARE EXEMPT FROM COMPETITIVE BIDDING; AND
IF OVER $50,000 SHALL BE AWARDED BY THE GOVERNING BODY, AND
PROVIDING AN EFFECTIVE DATE (FILE 2770 AWARDED TO ITRON, INC. IN THE
THREE (3) YEAR NOT -TO -EXCEED AMOUNT OF $147,755.97.)
WHEREAS, Se titm� ,mm252 02 l: of the Local '1oycrnment 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
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
2770 Itron, Inc. $147,755.97 (the "Proposal")
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 2770 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. ..
PASSED AND APPROVED this the l % wwwww mm day of , 2017.
.M
CHRIS VA'1 I S, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY