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2007R12- Communications Equipment RESOLUTION NO. 07-R-12 I A RESOLUTION BY THE CITY COUNCIL ~'F THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURC SE OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT FRO DAILEY-WELLS COMMUNICATIONS WHEREAS, the public safety staff of the City of Schertz (~e "City") has determined that it is in the best interest of the citizens of the City that the City pa~icipate in an area-wide public safety communications system and that Enhanced Digital Acqess Communications System ("EDACS") equipment manufactured by MIA-COM is the only c~mmunications equipment that will permit the City to join the City of Live Oak's MHz trunk~d radio system and that such system is the best area-wide public safety radio system; and WHEREAS, City staff has further determined that Dailey+Wells Communications is the sole source for the MIA-COM EDACS equipment described in thd preceding recital due to MlA- COM's exclusive patents on the EDACS equipment and MI~-COM's exclusive marketing arrangements for such equipment with Dailey- Wells Communicati~ns; and WHEREAS, pursuant to Section 252.022(a)(7)(A), the Cit)f is not required to seek bids or proposals when one vendor is the sole source for the equipment a~d technology required by the City because of patents or copyrights; and ' WHEREAS, the City Council has determined that it is in he best interest of the City to purchase the MIA-COM EDACS equipment described on Exhib t A for the price set forth on Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE (:ITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the ~ity Manager to execute and deliver appropriate purchase orders with Dailey-Wells Communic~tions to effect the purchase of the equipment set forth on, and for the price set forth on, Exhibit AI. Section 2. The recitals contained in the preamble here~f are hereby found to be true, and such recitals are hereby made a part of this Resolution for alllpurposes and are adopted as a part of the judgment and findings of the Council. Section 3. All resolutions, or parts thereof, which are ir conflict or inconsistent with any provision of this Resolution are hereby repealed to the ex~ent of such conflict, and the provisions of this Resolution shall be and remain controlling as to tlhe matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 20190287.1 Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Jtesolution and the application of such provision to other persons and circumstances shall neve~less be valid, and the Council hereby declares that this Resolution would have been enacted withput such invalid provision. Section 6. It is officially found, determined, and decl~red that the meeting at which this Resolution is adopted was open to the public and public notic1. of the time, place, and subject matter of the public business to be considered at such meeting, ncluding this Resolution, was given, all as required by Chapter 551, Texas Government Code, asl amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this /.Q.~ay of April, 2007. ~ ~ I"" ATTEST: (CITY SEAL) 20190287.1