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HomeMy WebLinkAbout206921 ORDINANCE NO. 20,692 2 3 AN ORDINANCE TO DISPENSE WITH THE REQUIREMENT OF 4 COMPETITIVE BIDS; TO AUTHORIZE THE PURCHASE OF A 5 CHIPPER FROM VERMEER MID -SOUTH THROUGH THE NATIONAL 6 JOINT POWERS ALLIANCE FOR THE SUM OF TWENTY -EIGHT 7 THOUSAND SEVEN HUNDRED AND SIXTY -TWO DOLLARS 8 ($28,762.00); TO DECLARE AN EMERGENCY; AND FOR OTHER 9 PURPOSES. 10 11 WHEREAS, beginning the night of December 25, 2012, the Little Rock area experienced a major 12 winter storm with ice and snow which, among other things, caused damage to approximately 22,000 tons 13 of limbs, trees, and other such debris; and, 14 WHEREAS, the City has crews working six (6) days a week to try and pick up the debris from the 15 various houses and commercial structures around the City and take it to the City sanitary landfill for 16 disposal, including the reduction of this debris to mulch where appropriate; and, 17 WHEREAS, the City's chipper which is essential to this process has suffered mechanical failures and 18 it is necessary to obtain another chipper as quickly as possible; and, 19 WHEREAS, the City is authorized to purchase equipment off of the State contract without 20 competitive bids, and the National Joint Powers Alliance is one of the companies that provides equipment 21 pursuant to the State contract although it does not include this particular brush chipper as one of the items 22 on the State contract; and, 23 WHEREAS, Vermeer Mid - South, in cooperation with National Joint Powers Alliance, has confirmed 24 that it will sell the chipper to the City at the contract rate it offers to other governmental entities; and, 25 WHEREAS, by proceeding in this fashion the City will be able to get this vital piece of equipment 26 on line weeks before it could if it had to undertake a formal competitive bidding situation; and, 27 WHEREAS, the damage from this storm to the City has been declared a national disaster by the 28 President of the United States; 29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 3o OF LITTLE ROCK, ARKANSAS: 31 Section 1. Because a legitimate emergency situation exists and the City needs access to the chipper 32 authorized by this ordinance, the Board of Directors declares that it is impractical and unfeasible to 33 require competitive bids in this situation. (Page 1 of 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 2. The City Manager is authorized to purchase from National Joint Powers Alliance a brush chipper model Vermeer BC1000XL, seventy -four (74) horsepower with twelve (12) -inch diameter capacity for the amount of $28,762.00. Section 3. Funds for this purchase reside in special account FEMA Equipment -- 210409 S4013533. Section 4. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this ordinance, as if such invalid or unconstitutional provision were not originally a part of this ordinance. Section 5. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. Section 6. Emergency Clause. The ability to obtain all necessary equipment to remove and dispose of the debris from the December, 2012, winter storm that has been declared a national disaster by the President of the United States is essential to the public health, safety, and welfare; an emergency is, therefore, declared to exist and this ordinance shall be in full force and effect from and after the date of its passage. PASSED: February 5, 2013 Susa La gle ity Clerk 7 APP OV D A O LEGAL FORM: Thomas M. Carpenter, City A orney // // // // // // // // // // APPROVED: Mark Stodola, Mayor IPage 2 of 21