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RES 2012-31TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2012-31 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE PURCHASE OF AN OUTDOOR WARNING SYSTEM FOR THE NORTHERN PART OF THE TOWN FROM AMERICAN COMMUNICATIONS AS THE SOLE SOURCE SUPPLIER OF THE WHELAN ENGINEERING WPS-2906 OUTDOOR WARNING SIREN THAT IS COMPATIBLE WITH THE TOWN'S EXISTING SYSTEM; AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO TAKE SUCH ACTION AND EXECUTE SUCH DOCUMENTS AS NECESSARY TO EFFECTUATE THE PURCHASE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, due to the recent growth in the northern part of the Town, there are properties in that area of the Town that are out of the range of the existing outdoor warning system sirens; and WHEREAS, the Town of Trophy Club, Texas, desires to purchase an additional outdoor warning system for the northern part of the Town in order to warn the public in the event of an emergency; and WHEREAS, American Communications is the supplier of the Whelan WPS 2906 outdoor warning system, and the Whelan siren that is needed for placement in the northern part of the Town is compatible with the two (2) existing outdoor warning sirens that are currently at different locations within the Town; and WHEREAS, the Town Council is of the opinion that all additional outdoor warning sirens must be compatible with the existing sirens and system utilized by the Town and that the Whelan WPS 2906 is the only siren that meets that requirement; and WHEREAS, the Town Council is further of the opinion that the Whelan WPS 2906 outdoor warning siren may only be purchased from American Communications and therefore the purchase is exempt from competitive bid as provided for in V.T.C.A.. Local Government Code, Section 252.022(a)(7); and WHEREAS, Section 5.09 of the Town's Purchasing Policy Manual provides that upon review and concurrence of the Town Manager or his designee, a Resolution outlining the basis for a sole purchase shall be submitted to Town Council for approval; and WHEREAS, the Town Manager has reviewed the proposed purchase identified by the Fire Department as a sole source purchase and has reviewed the detailed justification provided by the Fire Department explaining why such sole purchase is necessary, a copy of which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, based upon the information provided by the Fire Department, the Town Manager concurs with the determination that the purchase is a bona fide sole source purchase and recommends the purchase to the Town Council pursuant to this Resolution; and WHEREAS, upon full review and consideration of the proposed purchase and all matters attendant and related thereto, the Town Council is of the opinion that the purchase should be approved, and that the Town Manager or his designee should be authorized to take such action and execute such documents as necessary to effectuate the purchase. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section I. The Town Council hereby finds and determines that American Communications is the sole source for the purchase of an outdoor warning siren compatible with the Town's current outdoor warning system, thus, the purchase of such siren is exempt from competitive bid as provided for in V.T.C.A., Local Government Code, Section 252.022(a)(7). Section II. The Town Manager or his designee is hereby authorized to execute all documents as necessary to effectuate the purchase of the Whelan WPS 2906 outdoor warning siren from American Communications, the sole source supplier of such compatible siren, in an amount not to exceed $33,378.00. Section III. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 10th day of December, 2012. Q6nnie White, Mayor Town of Trophy Club, Texas ATTEST: ~OVED AS_~O FORM: dhaYlJ1(;21 r1fJ atlY -iru:..u~---.-....,~f::4-Ia..n-s.:n....o.... T"="'oa"w~n......."..s..tL..ec-r~~·-;;,,~o-;..p-=--~-n....,.D=-"'e4Lp~rL-at-'tlJ...".... Patricia A. Adams, Town Attorney Town of Trophy Club, Texas o'f( FC! Town of Trophy Club, Texas ~ ~c [SEAL] ,3 tP Page 2 of 3RES 2012-31 EXHIBIT "A" SOLE SOURCE/PROPRIETARY PURCHASE JUSTICATION A proprietary purchase is justifiable when an equivalent product or service is not available. This means that the product or service has a unique feature that is not shared by others or provides a compelling distinction which sets one vendor apart from another in the marketplace. Please provide an explanation of the needs for the unique specification and explain what restricts the specification to only one manufacturer or provider: American Communication installed our current Outdoor Warning System, purchased in 2002, manufactured by Whelen Engineering Company. The existing components have a unique ability to communicate in the event of a disaster and allow us the ability to warn our citizens of impending danger. American Communications of Fort Worth is a sole source distributor for Whelen Engineering Co., Inc. in North Texas. Please explain why competing products are not satisfactory, justifying the proprietary purchase: The Whelen WPS2900 Warning System is composed of several components that communicate with only other Whelen Warning System products. Purchasing an outside system would require additional incoders that would not communicate with the existing system. RES 2012-31 Page 3 of 3