ORD NO 33-2008 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 3 3 -2008
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,
FIREFIGHTER TURNOUT GEAR FROM CASCO
INDUSTRIES, INC.; FOR THE APPROPRIATION OF FUNDS;
DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren is in immediate need of replacement firefighter turnout gear
for the safety of life and protection of property by the City of Van Buren Fire
Department; and
WHEREAS, after extensive research and inquiry, including solicitation of information from
various equipment providers and manufacturers, the City of Van Buren Fire Chief
has determined that there is an immediate need for nine to eleven sets of firefighter
turnout gear, as setforth in Exhibit "A" attached hereto, before the 2009 price
increases take effect; and
WHEREAS, the cost of the firefighter turnout gear from Casco Industries, Inc. in Bryant,
Arkansas, which has been determined to have the best available prices, is $1,800.00-
$2,000 per set, which exceeds the limit for purchase without competitive bidding
under ARK. CODE ANN. 14 -58 -303 and Van Buren Municipal Code 03.04.01; and
WHEREAS, the City Council has determined, pursuant to ARK. CODE ANN. 14- 58- 303(b)(2)(B)
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 firefighter turnout gear currently possessed
by the Fire Department of Van Buren is near expiration and new equipment is needed
immediately before the higher 2009 prices go into effect. to provide for the safety and
welfare of the citizens of Van Buren.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The Van Buren Fire Department is in immediate need of nine to eleven sets of
firefighter turnout gear as setforth above.
SECTION 2: Said gear, is to be purchased from Casco Industries, Inc., located in Bryant, Arkansas,
for the sum of no more than $25,000.00, including sales tax and shipping, which is
authorized hereto to be paid out of Act 833 Public Safety Funds.
SECTION 3: The City Council in accordance with the terms of ARK. CODE ANN.
14- 58- 303(b)(2)(B), hereby waives the requirement of competitive bidding and
authorizes and directs the Mayor to purchase the above described gear within the
guidelines set forth in Section 2 above.
SECTION 4: It is further found that due to immediate need to acquire this equipment for firefighter
safety, and for compliance with the 2007 Arkansas Fire Prevention Code and the
NFPA 1500 Guidelines, an emergency is declared to exist and this ordinance being
necessary for the preservation of the public health, safety, and welfare, shall take full
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 lQ for an against, the foregoing Resolution at its meeting held
on the 1F5' day of December, 2008.
zr4
Robert D. Freeman, T ayor*
ATTESTED: APPR VED AS TO ]iO.RM:
4 -r N. Dori* Jenkins, Jr., City-Attorney
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