ORD NO 23-2012 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO.o 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 A CONTRACT FOR, AND PURCHASE OF, A
PIERCE FIRE APPARATUS ON A SABER 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 HGAC program would be the most practical, feasible and cost effective
method to purchase a new Pierce Triple Combination Fire Apparatus on a Saber 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 400 HP engine, LED light
package, 1250 gallons per minute Waterous pump and other accessories as set forth in
Exhibit "B 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 and equipment is a total price of 5431,800.00 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
eight months for manufacture and deliver.
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 Custom Chassis and associated firefighting
equipment.
SECTION 2: That the purchase of said fire apparatus, and associated firefighting equipment listed in
Exhibit "B" hereto from Pierce Manufacturing, located in Appleton Wisconsin, for the
sum of $431,800.00, pursuant to the contract attached hereto as Exhibit "A" 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 utilizing Firefighting
Improvement Funds.
SECTION 4: It is further found that due to the immediate need to acquire this fire apparatus and
associated equipment 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, including Exhibit "B
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, Arkan :v its City Council, did pass,
approve, and adopt, by a vote of 6 for andO against, the foregoing Or finance at its regular meeting
held on the 15 day of October, 2012.
IP
v Robert D. Free
Mayor
•1
ATTESTED: ft... A RO S TO FORM:
Barbie Curtis Candice A. Sett ee
City Clerk/Treasurer City Attorney