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2017-313AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THREE (3) YEAR SOFTWARE MAINTENANCE FOR CONTINUED VENDOR SUPPORT, UPGRADES, AND SUSTAINMENT SERVICES FOR AUTOMATED METERING INFRASTRUCTURE (AMI) FOR THE DENTON MUNICIPAL ELECTRIC METERING DEPARTMENT, WHICH IS ESSENTIAL TO ENSURE AVAILABILITY OF UPGRADES, SOFTWARE FIXES, AND ACCESS TO KNOWLEDGE AND SUPPORT RESOURCES. TRILLIANT NETWORKS, INC. IS THE SOLE -SOURCE VENDOR FOR CONTINUED UPGRADE, SUPPORT AND MAINTENANCE FOR TRILLIANT SOFTWARE AND IN•THEREFORE AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 252.022, PROCUREMENT OF COMMODITIES AND SERVICES THAT ARE AVAILABLE FROM ONE # ARE • FROM COMPETITIVEBIDDING; OVER 1111 SHALL BE AWARDED GOVERNING BODY; AND PROVIDING AN EFFECTIVE DATE (FILE 4485 AWARDED TO TRILLIANT NETWORKS, • AMOUNT OF $236,938.13.) WHEREAS" '� of the laocal Goy�.NleW m�in"ogle provides that procurement Scciat� . 52�1 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, 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 4485 Trilliant Networks, Inc. $236,938.13 (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 4485 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' 7..... ` day of , 2017. CHRISATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _4�t �.. APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY