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C7 RESOLUTION 2011- 82 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE PURCHASE OF ADVANCED METERING INFRASTRUCTURE READY RESIDENTIAL ELECTRIC METERS AND RADIO FREQUENCY COMMUNICATION NODES FOR COMMERCIAL ELECTRIC METERS AS A SOLE SOURCE PROCUREMENT FOR THE PUBLIC SERVICES DEPARTMENT, ELECTRIC DIVISION FROM CANNON TECHNOLOGIES, INC. FOR $128,270.00; AUTHORIZING THE PURCHASING MANAGER TO EXECUTE THE APPROPRIATE PURCHASING DOCUMENTS ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. • RECITALS: 1. Section 252.022 (7)(D) of the Texas Local Government Code permits a limited exemption from the competitive bidding process if the items to be purchased are available from only one source. 2. On April 15, 2008, the City entered into a contract with Eka Systems for the design and installation of a complete and functional Advanced Metering Infrastructure ( "AMI ") system. 3. Since then, Cooper Power Systems, a division of Cooper Industries, has acquired all of the assets of Eka Systems, Inc. and the ready residential electric meters and radio frequency communication nodes (the "Products ") produced and distributed by Cannon Technologies, Inc., also a part of Cooper Power Systems, are the only products compatible with the City's AMI system. Therefore, this purchase is a sole source procurement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The sole source procurement of the Products for the Public Services Department, Electric Division from Cannon Technologies, Inc. for $128,270.10 is approved. PART 2. The Purchasing Manager is authorized to execute the appropriate purchasing documents on behalf of the City. PART 3. This Resolution shall be in full force and effect immediately from and after its passage. ADOPTED this the 5th day of JulY, 2011. •