ORD NO 03-2010 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 3 -2010
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 "STOCK PIERCE CONTENDER" FIRE APPARATUS
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 apparatus for the
safety of life and protection of property by the City of Van Buren Fire
Department; and
WHEREAS, this fire apparatus would be available to put into service in April and that it would
take approximately nine months to order and receive any other new fire apparatus;
and
WHEREAS, after extensive research and inquiry, the City of Van Buren Fire Chief has
deterniined that utilizing the HGAC program would be the most practical, feasible
and cost effective method to purchase a new Stock Pierce Contender Fire
Apparatus 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 setforth 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 Stock Pierce Contender fire apparatus is approximately
$305,224.00 and associated firefighting equipment Exhibit `B" is $41,319.00 for
a total price of $346,543.00 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 Stock Pierce Contender fire apparatus will
provide life safety and protection of property not now available, and because the
stock unit is offered through HGAC is readily available,
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL
OF THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: That the Fire Department of the City of Van Buren, Arkansas is in immediate
need to purchase the "Stock Pierce Contender Fire Apparatus (job #22413) and
associated firefighting equipment.
SECTION 2: That said fire apparatus, and associated firefighting equipment, Exhibit "B" be
purchased from Pierce Manufacturing, located in Appleton Wisconsin, for the
sum of 8346,543.00, pursuant to the contract attached hereto as Exhibit "A"
SECTION 3: That 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 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 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: That the Mayor is further authorized to enter into an agreement with an
appropriate financial institution in order to finance payment of the fire apparatus
and associated equipment 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, the City of Van Buren Arkansas, by its City Council, did
pass, approve, and adopt, by vote of tp for and 4 against, the foregoing Ordinance
at its meeting held on the 2a a of February, 2010.
4 I
Robert D. Freeman, Mayor
ATTE TED: g -Q
Barbie Curtis, City Clerk /Treasurer