ORD NO 13-2007 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 13 -2007
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 CONTENDER" FIRE TRUCK FROM PIERCE
MANUFACTURING; FOR THE APPROPRIATION OF
FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren is in immediate need of an additional fire truck for the safety
of life and protection of property by the City of Van Buren Fire Department; and
WHEREAS, this vehicle would be available to put into service in August and that it would take
approximately nine months to order and receive any other new fire truck; and
WHEREAS, after extensive research and inquiry, including solicitation of bids from Deep South
Truck Sales (American La France), Pro -Fire Equipment (Pierce), and Ferrara Fire
Apparatus, the City of Van Buren Fire Chief has determined that Pro -Fire
Equipment's "Pierce Contender Daytona Demo (job 18937tr), fully equipped with
a2006 Cummins ISL 400 HP Engine, LED light package, Waterous pump, Scott Air
Paks, and other accessories as setforth in Exhibit "A" attached hereto, 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 Contender is approximately $313,480.00, 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 Contender fire truck will provide life
safety and protection of property not now available, and because the demo unit to be
purchased is one of a kind.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
0
SECTION 1: That the Fire Department of the City of Van Buren, Arkansas is in immediate need
to purchase "Pierce Contender Daytona Demo (job 18937tr) for the replacement of
a recently disposed fire truck vehicle.
SECTION 2: That said rescue truck, and fire equipment, be purchased from Pierce Manufacturing,
located in Appleton Wisconsin, for the sum of $313.480.00, pursuant to the contract
attached hereto as Exhibit "B."
SECTION 3: That the City Council in accord with the terms of A.C.A. 14 -58 -302 hereby waives
the requirement of competitive bidding and directs the Purchasing Agent to purchase
the above described for the price set forth in Section 2 above.
SECTION 4: It is further found that due to immediate need to acquire this rescue vehicle 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: That the Mayor is further authorized to enter into an agreement with an appropriate
financial institution in order to finance payment of the fire truck pursuant to
Amendment 78, Section 2 of the Constitution of the State of Arkansas.
SECTION 6: 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, including Exhibit `B
SECTION 7: 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, tile City of Van Buren Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of for and 0 against, the foregoing Resolution at its
meeting held on the 5 day of June, 2007.
Robert P. Free s r
ATTES ED V .10 AS TO` FORM:
BarbieCurtis; City Clerk /Treasurer N. ald Jen Ji.. Attorney