Ordinance No. 12,793ORDINANCE NO. 12,793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 12,767 PASSED ON JANUARY 8,
2015, AUTHORIZING THE PURCHASE OF THIRTY (30) EF JOHNSON VIKING
VP -600 HANDHELD RADIOS WITH BATTERIES AND CHARGERS
THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES;
AUTHORIZING THE PAYMENT OF THE SUM OF EIGHTY -SIX THOUSAND
FIVE HUNDRED SIXTY AND NO /100 DOLLARS ($86,560.00) TO E.F.
JOHNSON COMPANY FOR THE SOLE SOURCE PURCHASE OF THIRTY (30)
EF JOHNSON VIKING VP -600 HANDHELD RADIOS WITH BATTERIES AND
CHARGERS; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, on January 8, 2015, the City Council passed Ordinance No. 12,767, which
authorized the purchase of thirty (30) EF Johnson Viking VP -600 handheld radios with batteries and
chargers from E.F. Johnson Company pursuant to the City's interlocal cooperative contract with the
Texas Department of Information Resources ( "DIR "); and
WHEREAS, the purchase of the thirty (30) EF Johnson Viking VP -600 handheld radios with
batteries and chargers cannot be made through the City's interlocal cooperative contract with the
Texas Department of Information Resources ( "DIR "), as the DIR does not have a contract with E.F.
Johnson Company for the purchase of these products;
WHEREAS, the procurement of the thirty (30) EF Johnson Viking VP -600 handheld radios
with batteries and chargers can only be made through one vendor as a sole source purchase; and
WHEREAS, Texas Local Government Code Annotated §252.022 provides that when the
functional requirements of the City can only be satisfied by one source, the requirement for
competitive bids is not applicable; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby repeals
Ordinance No. 12,767, passed on January 8, 2015, which authorized the purchase of thirty (30) EF
Johnson Viking VP -600 handheld radios with batteries and chargers from E.F. Johnson Company
pursuant to the City's interlocal cooperative contract with the Texas Department of Information
Resources.
Section 2: That the City Council of the City of Baytown, Texas, hereby declares that only
one source can satisfy the needs of the City for the procurement of thirty (30) EF Johnson Viking
VP -600 handheld radios with batteries and chargers.
Section 3: That the City Council of the City of Baytown, Texas, authorizes payment of
the sum of EIGHTY -SIX THOUSAND FIVE HUNDRED SIXTY AND NO /100 DOLLARS
($86,560.00) to E.F. Johnson Company, as the sole source, for the purchase of thirty (30) EF
Johnson Viking VP -600 handheld radios with batteries and chargers.
Section 4: That pursuant to the provisions of Texas Local Government Code Annotated §
252.048, the City Manager is hereby granted general authority to approve any change order involving
a decrease or an increase in costs of FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) or
less, subject to the provision that the original contract price may not be increased by more than
twenty-five percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent
of the contractor to such decrease.
Section 5: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vot�,6f the City Council of the City
of Baytown this the 12`h day of February, 2015. \ _ ^
ATTEST:
L ICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., C' Attorney
. DONCARLOS, Mayor
o�.�AYTOWN, �,
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