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ORD NO 34-2007 0 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 34 -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, TEN MOBILE COMPUTING ENTERPRISE EDITION LICENSES FOR THE PUBLIC SAFETY SOFTWARE PUBLISHED BY INFORMATION TECHNOLOGIES, INC.; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in immediate need of certain upgrades and licenses for its mobile computing with the Public Safety Software from Information Technologies Inc., for the safety of life and protection of property by the City of Van Buren Police Department; and WHEREAS, The Police Department has been using Information Technologies, Inc.'s Records Management software to draft, store, and access police reports since 1998; and WHEREAS, In January of 2007 the Council approved upgrading the software from the Standard Edition to the Enterprise Edition, at a cost of $21,625.00; and WHEREAS, The Police Department has now determined that an additional ten (10) mobile computing licenses are necessary for the efficient use of the Public Safety Software at a one time cost of $16.487 and an annual support cost of $3.293.00; and WHEREAS, the software licenses required by the Police department are proprietary and it is impractical to consider other companies to provide the software because of the nature of the mobile computing licenses needed for this software as setforth in Exhibit "A" attached hereto; and WHEREAS. the City Council has determined. pursuant to A.C.A. 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 licenses herein are needed immediately to provide for the safety and welfare of the citizens of Van Buren. 0 NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: the City Council in accordance with the terms of A.C.A. 14- 58- 303(b)(2)(B), hereby waives the requirement of competitive bidding in this particular case as such procedure is not deemed feasible or practical and authorizes and directs the Mayor to purchase the above described. SECTION 2: it is further found that due to an immediate need to acquire ten (10) mobile computing licenses, 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 3: the Mayor is authorized to pay a one time payment of $16,487 for ten mobile computing licenses, and an annual support fee of $3,293.00, by the City Council for the City of Van Buren, and to execute all documents, contracts, and agreements necessary to effectuate this Ordinance. SECTION 4: 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 andt against. the foregoing Resolution at its meeting held on the 15"' day of October, 2007. V Robert D. Free y. ATTESTED: APPROVED AS TO FORM: Barbie Curtis, City Clerk/Treasurer N. DoAald_LeI 1 s, Jr. City Attorney 0