Res 2022-222R/authorizing a sole source agreement with Water & Earth Technologies, Inc. for a Flood Early Warning System

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RESOLUTION NO. 2022-222R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AUTHORIZING A SOLE SOURCE AGREEMENT WITH WATER&EARTH TECHNOLOLIES,INC.FOR A FLOOD EARLY WARNING SYSTEM IN THE ESTIMATED AMOUNT OF $294,202.70; AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a feasibility study commissioned by the City of San Marcos to explore the use of a flood early warning system resulted in a recommendation that the City collaborate with Hays County to integrate new City of San Marcos rain and stream (stage) gage data with the Hays County system previously installed and maintained by Water&Earth Technologies,Inc.("WET") with Hays County having the database base station and new City data being sent to be used with the Hays County WETMap and with the collected data being accessible to and used by the City, Hays County, and other agencies with a limited type of data accessible by citizens; and WHEREAS, Hays County has agreed to receive the data transmitted by the City's proposed stream and precipitation stations through its existing radio network and to host these data on its redundant database as well as to host the City's Data Website as proposed by WET on Hays County web servers at no cost to the City; and WHEREAS, to achieve seamless integration with the County's existing system, the County requires that WET be used as the contractor, to avoid risks associated with having other vendors performing work on the County's stations, radio repeaters, data reception stations, database, or web displays; and WHEREAS, Section 252.022(a)(7) of the Texas Local Government Code and 2 CFR 200.320(f) of the Code of Federal Regulations permit a limited exemption from competitive procurement requirements if the items to be purchased are available from only one source; and WHEREAS, for the reasons stated above and reasons discussed in a sole source letter from WET to the City, the City Council of the City of San Marcos finds the procurement authorized in this Resolution from the engineering firm of Water & Earth Technologies, Inc. to be a sole source procurement of the system necessary in order for the City to establish seamless integration with and share data with the Hays County Flood Early Warning System previously installed by WET in Hays County; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. An agreement with Water & Earth Technologies, Inc. (Contract No. 222- 298) for a Flood Early Warning System in the estimated amount of $294,202.70 is hereby authorized.