Res 076-2013 7/16/2013RESOLUTION NO. 76 -2013
Resolution Authorizing The City Manager To Execute All Documents
Necessary To Purchase An Aqualoop Water Slide And Customized
Components Including Tower, Supports, Stairs, Roof, And Canopy; And
Professional Services For Engineering Design And Management Of
Installation, In The Amount Of $707,722.00, From Whitewater West
Industries, Ltd. And Related Entities
WHEREAS, Whitewater West Industries, Ltd. (Whitewater) is the owner of Patent
Number 7,854,662 (abstract information attached) for the AquaLoop slide technology and is
the sole supplier of said slides in the United States and the construction of the slide requires
the acquisition of customized components, including the tower, supports, stairs, roof, and
canopy that are supplied solely by Whitewater and are adapted to fit the AquaLoop slide;
WHEREAS, Whitewater will hire and provide engineering design and management
services for the City for installation of the slide components at Castaway Cove Waterpark;
WHEREAS, the City Council finds the procurement of the AquaLoop slide and
customized components are exempt from Texas bidding requirements pursuant to Texas
Local Government Code § 252.022(a)(7), because they are procurements of items available
from only one source, including "(A) items available from only one source because of
patents" and "(D) captive replacement parts or components for equipment "; and
WHEREAS, the City Council finds the procurement of engineering design and
management services for the installation of the components of the slide are professional
services that are exempt from Texas' bidding requirements pursuant to Texas Local
Government Code §252.022(a)(4).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute all documents necessary to purchase an
AquaLoop water slide, customized components, and engineering design and management
services for the City for the installation of the slide components from Whitewater West
Industries, Ltd. and related entities, in a total amount not to exceed $707,722.00, in a form
to be approved by the City Attorney.
PASSED AND APPROVED this the 16th d of L J, 13
MAYOR
ATTE T:
Acting City Clerk