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:
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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