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ORD NO 10-2012 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 10 2012 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 THE PURCHASE OF REFRIGERATOR FREEZERS AND A COMMERCIAL ICE MACHINE FROM METRO APPLIANCES MORE, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren was awarded an energy grant from the Arkansas Department of Energy and the approved grant included the replacement of six (6) refrigerator /freezers and one commercial ice maker; and WHEREAS, the appliances are required to be Energy Star and American made certified; and WHEREAS, the availability of American made certified appliances is severely limited; and WHEREAS, the purchase of said appliances must be completed by May 31, 2012 for grant purposes; and WHEREAS, the City has had Metro Appliances More research availability of appliances that meet the requirements and they have determined the most cost efficient refrigerator /freezers available are the Viking Professional Series VCSF136DSS at a cost of $3,999.00 each and the Scotsman CO530SA -32 Commercial Ice Machine at a cost of $4,269.00. all plus applicable taxes. 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, specifically that due to the lack of appliances available to meet the grant requirements and Grant timelines is in the best interests of the citizens of the City of Van Buren to purchase the appliances as competitive bidding will so delay the process that it is unlikely the appliances would be available. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City of Van Buren, Arkansas has an immediate need to purchase the appliances. SECTION 2: Said appliances will be purchased from Metro Appliance More of Springdale, Arkansas, for the total sum of $30,524.04 pursuant to the invoice attached hereto as Exhibit "A." 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 appliances for the price set forth in Section 2 above. SECTION 4: It is further found that due to the immediate need to acquire these appliances 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 (p for and Q against, the foregoing Ordinance at its regular meeting held on the 21 day of May, 2012. 1 Robert D. Freeman Mayor ATTESTED: A' OVED AS TO FORM: Le_ ra L ou idic -Barbie Curtis Can. e A. Settle lb-em City Clerk/Treasurer City Attorney Invoice: I 7195591 5700 N.Thompson Created: 5/10/12 I Invoice METRO? v i Springdale, AR 72764 Arvt:ra Muss 479-750-2200 8 Business; J First: JENNIFER Last IIENNIFER First Last b Business: CITY OF VAN BUREN L Addr 1; A Addr 1: AYORS OFFICE Addr 2: d Addr 2: T City /SVZip: j d GilylSt'Zip: AN BUREN R (72901 0 Acct Rep: Phone: r Contact: Phone: 1(479) 474.1541 7 Ciiit tl,),ILE-LaiiteITI3Ya:),1 '_RatelPUrchaseOrder Ad['IIP,tione ?Num6zi01'7ax•CodOlId r Veldla R. ,11 lilt Call :100100/00 Ii 00100 /oo 1 Pennifer 1251 Van Burt :peyrrant Methadst, littit Cheoder aaar otc'plot H Finance' 0 Credit Card 1 1 I.) Cash. Check 1 I ig t, Oty. HousetE4 :i Moodel .c odjr-ophort. ,f' i ItentAmalETE: Lincjretal JU 6 I IlViking S/S Fridge I 3,909.00.1 23,994.001 JLI{ 1 IICO5308A -32 ,FScottsman Ice Machine J II 4,269.00 4,269.00! _ill _ii 11 LEI II I II )I...._.. 11 _Li I__11 .111-1- J[ 11 I I I II 1! I!__]I II r I_ Li 1! II Elliril JL 11 I I 11 11 LJL 11 -_IL 11 II ....._4 JI JC1i I. II H i 11 J II 117 I 11 LJJL._._Jl_._- -J1 II _..._l F I _J �I Ir ,1 II 1 r1n1 1 1 _I II PI -1L1-11 I 1-11 it J! 1 1 Il 1 J 1 :II 1.1 J I__JL 11 1 J1_ U._IIL H --Ir l —_II II 1 1; II11 rl L..____ I! ___II 11 _-J X11 I IL- 11 L.b_JIII II .1__ I Sub Total: 28,263.00 Notes: fax 471- 5010.'Original Quote on 5/4/12 Tax: 2,281.04 Misc. Charges: .00 Total: 30,524.04 Down Payment: I .00: 9 g p Builders Allowance: I .00: 11101110001111111 101010111101110 IIII 1001 Total Due: 30,524.04 Printed: 5/15/12 3:28 PM 15 -25% Restocking Fee Depending On Item Page 1 of 1 et et ri 60 /T0 BBtd ICal.3W S£9T05LELb 97_:91 Ztfl !9t /S9