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ORD NO 24-2023 CITY OF VAN BUREN,ARKANSAS ORDINANCE NOP?�-2023 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, A PIERCE FIRE APPARATUS ON A SABER FR CUSTOM CHASSIS FROM PIERCE MANUFACTURING; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in need of an additional fire apparatus for the safety of life and protection of property by the City of Van Buren Fire Department;and WHEREAS, after extensive research and inquiry, the City of Van Buren Fire Chief has determined that utilizing the Siddons-Martin Emergency Group, LLC would be the most practical, feasible and cost effective method to purchase a new Pierce Fire Apparatus on a Saber FR Custom Chassis conforming to all Federal Department of Transportation(DOT) rules and regulations in effect at the time of proposal and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of proposal. It will be equipped with a Cummins diesel ISL 450 HP engine, LED light package, 1250 gallons per minute waterous pump and other accessories. This vehicle is uniquely suited to the needs of Van Buren, and that no other vehicle, for the same price, is a reasonably suitable alternative; and WHEREAS, the cost of this Pierce fire apparatus is a total price of$727,000.00,which exceeds the limit for purchase without competitive bidding; and WHEREAS, the City Council has determined,pursuant to A.C.A. § 14-58-302 that exceptional circumstances exist which render the competitive bidding process to not be practical or feasible; and WHEREAS, a state of emergency exists because the Pierce fire apparatus will provide life safety and protection of property not now available,and because the unit will take approximately twenty-two to twenty-four months for manufacture and delivery. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Fire Department of the City of Van Buren,Arkansas is in immediate need to purchase the Pierce Fire Apparatus on a Saber FR Custom Chassis. SECTION 2: That the purchase of said fire apparatus from Pierce Manufacturing, located in Appleton Wisconsin,for the sum of$727,000.00,pursuant to the contract and is necessary to protect the life and safety of Van Buren citizens. SECTION 3: The City Council in accordance with the terms of A.C.A. § 14-58-302 hereby waives the requirement of competitive bidding and directs the Mayor to purchase the above described for the price set forth in Section 2 above. SECTION 4: It is further found that due to the immediate need to acquire this fire apparatus, an emergency is declared to exist and this ordinance being necessary for the preservation of the public health, safety, and welfare, it shall take effect from and after its passage and approval. SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents,contracts, and agreements necessary to effectuate this Ordinance. SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be severable, and,if any section or part of a section,or any provision or part of a provision herein,is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve, and adopt,by a vote of 5 for and_a against,the foregoing Ordinance at its regular meeting held on the 24t'day of July 2023. 6erk Tress Wnoa ��� �^ N^ Joseph urst City of Van Buren Mayor ATTESTED: ,�� �' TO FO �~aCounty,P'� 5 Shawnna Reyno s Jaco owell City Clerk/Treasurer City Attorney r v T •.. 1 U• IS" ff i* Citp of Van �3uren , Ztrkantaz 1003 Broadway Van Buren, Arkansas 72956 Members nf'the City'Cbuncil, I have made,a request to the Mayor and City Councitto approve enttringloto an agreement.,to purchase ;a,new firetruckto beideliveredifi,a,Pprox!Mately 22,to.,25,,.riibnthsftoniithL-d8te'of approval. h fir .two,nt.-,to�explain,-.the r.eason-for.entering*tn n to,aagr.6gm�!..h'tto-.purthA.!�e-`ane.w.. eapparatus. T"he costof fire apparatus have skyrocketed.over thelast.§evqrqj years.There.are-several factors thathave causledrthe,tostlo intrease.'Covid and s4pptV chain issues have inqea,4edcostand the-,availabflify offireeqUipment..Additional funding$04rce provided by the-ATnerican.Rocovgry P-la,n Act(ARPA)haf5, caused even more difficulty acquiring ring new.equiptnent.The;_EnVironrriental Protection Agency(EPA).has also enacted more-strict emissibris.stAndards for fire apparatus.en,giries;and'ex.h - t* t -wthls .standard has,become more restrlidive-,,ovef,the last.§eyeral years and this standard has made the cost of Producing enginesand emission-systems-very expensive. The request,to,enter fnto.,a purchase agreement is to ensure.that we-Wiff.getthe last-of the turrent-2,024 engines.ines.Pierce lerce Manufacturing infdfted fire Opp -a 0 ar t s�.dealerships across-the United StatesIthat they h�rd,,a limited supply of,2024,engif.iesavaiiable before the md.fdL pensive 2027 engihe:and emissions standard- (I be*the'.orify OptiGn.The few 2024 systems would be avaflabje oh-a first cb.ftlefirtserve llasis,.;Our•sales:representative Sc6ttiones made:me awareof this.fact:a.nd.l,,asked.hiM to.-,O.'ijt,,in a request for one and we were,informed that our request was..honQr0d,.,WM have tfthoft,twindowto approve A e our request-dur deadline to:order is.;by the end of Cit�,leadership approving III I purchase agreement,will ensure.,thai we get this-apparatus with the less.expensive engine and emission sV$tqM-.Thqe:stimate to purchase this-same apparatus.wfth--tbe:202- -7 standpfds.tivill be in excess:of 100,000A0 adOifionaf,cost;-Additionally approvingthis contract to punchast,this filre;;ipparatus re'4p irocs,no,exchange a rg p pf f nds.urtilthefire engine is delivered.The estimated celive. date is'22,tb.25 th'ciii,ths,Th'is.Eillows.,forp,lanniqgpndbud,getrvg-L,.overthe:next2,,y.ears:before,wetleedto.04yfar the equipment.Tle fire:.department budget already has.money dedicated.annuallyfor fire apparatus payments,thliswill assist.usvith paymprit at the time of delivery.Vhave had discussions with.-Mayor flufst:an'd woVill bia-,wbrking on.budgeting to be prepared for,theadditional apparaf6s.,thatshould.be: deliv0r,ed,,'sb,metjme Fry rNd..2.025. WtIl be,helpful.Please:feel free to contact=effyou,need.anything addle olna.l.. Thank-' 4% Rfe OW DO-ArnoiO VanBuren-fire a pjqrtmept Z W a PROGRESSIS 0 UR PROJECT Siddons Martin Emergency Group,LLC 3500 Shelby lane I� Denton,TX 76207 J GON P115891 TXDoT Milo No.A115890 JUIy 7,2023E;:: , ' ' E✓ Tim Arnold,Chief VAN BUREN FIRE DEPARTMENT , 2009 PEVEHOUSE RD VAN BUREN,AR 72956 Proposal For:Van Buren 2024 Pumper t"SR xMai►ti gerc Group;Lt -is pleased to provide the following proposal to VAN.BUREN FIRE DEPARTMENT.Unit will.comply with all specifications attached and made a part of this proposal.Total.price includes delivery FOB VAN BUREN FIRE:DEPARTMENT.and training.on operation and use of the apparatus. Description Amount Qty.1 -1281 Pierce-Custom Saber FR Pumper,2nd Gen (Unit Price $727,000.00) Delivery within 24-25 months of order date QUOTE#-SMEG-0005926-1. Vehicle Price $727,000a10 1281 -UNIT TOTAL $727,000.00 SUB TOTAL $727,000.00 Straight Purchase $0,00 TOTAL $727,000.00 Price guaranteed Until.July 31,,2023, Additional:'NOTE: Due to global supply chain.constraints,any delivery date contained herein°is a good faith estimate.as.of the date of this order/contract;and merely an approximation based on current.information,Delivery updates will be made available,and a final firm delivery date will be provided as soon.as.possible: Taxes.Tax is.not included in this proposal.In the event:that the purchasing organization is-not exempt from sales tax or any other applicable taxes and/ter the proposed apparatus does riot qualify for exempt status,it is the duty of:the purchasing organization to pay any and all taxes.due.Balance.:of sale price is.due upon acceptance of the apparatus at'the factory E Late Fee:A late fee of.03,31/o of the sale price wilt be charged per day for overdue payments beginning ten(10)days after the payment is due for the first 30 days.The late fee increases to.0440A per day until the payment is received.In the event a prepayment is received after the due date,the discount will be reduced by the same percentages above increasing the cost of the apparatus. k Proposal Van Buren 2024 Pumper Page 1 of 2 July?,2i323 Cancellations In the event this proposal is accepted and.a purchase order is issued then cancelled or terminated by Customer before completion,Siddons-Martin Emergency Group may charge a cancellation fee.The following charge schedule based=costs.incurred may be applied: {A}10%of the Purchase Price after orderIs accepted and entered by Manufacturer, (B)20%of the Purchase Price after completion of the approval drawings, :(Q 30%of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing.Siddons-Martin Emergency Group endeavors to mitigate any such costs through the sale of such product to another purchaser,however,the customershall remain liable for the difference between the purchase price.and,if applicable,the sale price obtained by Siddons-Martin Emergency Group upon sale of the product to another purchaser,plus any costs incurred by Siddons-Martin to conduct such sale. Acceptance:In an effort to.ensure the above stated terms and conditions are understood and adhered to;Siddons=Martin Emergency Group,LLC requires an authorized individual from the purchasing organization sign and date this.proposal and include it-with any purchase order.Upon signing of this proposal,the terms and conditions stated.herein will be considered binding and accepted by the Customer.The terms and acceptance of this proposal will be governed by the laws of the.state of Texas.No additional terms or conditions will be binding.upon Siddons-Martin Emergency Group,LLC unless agreed to in writing and signed by duly authorized officer of Siddons-Martin Emergency Group,LLC. Sincerely, Scott.tones the authorized representative of VAN BUREN FIRE DEPARTMEJVT,.agree to purchase the proposed and agree to the terms of this proposal and the specifications attached hereto. 0 ,-2 - 2d' Signature bate Proposal Van Buren 2024 Pumper Page 2 of 9 July 7,2023 ............. ............................. Tim Arnold From: Scott Jones<scottj@sIddons-martimcom> Sent: Monday,July I,0,.2OZ3 12:26 PM Tb: Tim Arnold Subject- Pumper Attachments: 1281 Van Buren Quote 23-07­07,pdf Tim, Here is the pricing for the pumper. A couple of differences is we are around-22 to 25 months out and there is no prepay discount along with this is'a 2024 engine. There Is a.price increase Aug 1: Tosecure this,price all`I have to have is this quote signed and we can get the truck on order. Let me know if you have any,questions. Thank you New Emall.scotfl@sldelons-madin.com Scott Jones Territory Manager (479) 422-6800 0" UO to This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.Please notify the sender immediately by e-mail If you have received this e-mail by mistake and delete this.e-mall"frpm ybqr system.If'you are not the intended recipient you are notified that disclosing,copying,, distributing or taking any,action in reliance on the contents of this Information is strictly prohibft6d.. f. .....................................-