20-2446ORDINANCE NO.20-2446
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A CONTRACT WITH STANDARD AUTOMATION & CONTROL LP DBA
WONDERWARE WEST, FOR THE PURCHASE OF A TECHNICAL SUPPORT AND
SERVICES PACKAGE TO BE USED BY THE CITY OF DENTON WATER
RECLAMATION DEPARTMENT SCADA SYSTEMS, WHICH IS THE SOLE PROVIDER
OF THIS SOFTWARE, IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE
252.022, WHICH 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 7475 – AWARDED
TO STANDARD AUTOMATION & CONTROL LP DBA WONDERWARE WEST, IN THE
FIVE (5) YEAR NOT-TO-EXCEED AMOUNT OF $128,000).
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 1. The following purchase of materials, equipment, or supplies, as described
in the “File Number” listed hereon, and on file in the office of the Purchasing Agent, and the
license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
7475 Standard Automation & Control LP
dba Wonderware West
$ 128,000
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, or his designee, is hereby authorized to execute any
contracts relating to the items specified in the file number referenced herein and the expenditure
of funds pursuant to said contracts is hereby authorized.
SECTION 5. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Te,SSe R)Qq: S and
seconded by Soy\n RIaA , the ordinance was passed and approved by
the following vote n - 9
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Birdia Johnson, District 1 :
Connie Baker. District 2:
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED thI, th, JM,y ,f D/crab/r , 2020.
HUDN
ATTEST:
ROSA RIOS, CITY SECRETARY
B I• n g# I <S\\ R 1 J1 / 1 111iIX P < 4 C : t t e SjC II={•q
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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