CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE: Adopt an Ordinance to waive competitive bidding and authorize the City Manager and the Texarkana Arkansas Fire Department to purchase replacement firefighting uniforms. (FIN)

 

AGENDA DATE: 10/02/2017

ITEM#: 12a

DEPARTMENT: Finance Department

DATE SUBMITTED: 09/29/2017

PREPARED BY: TyRhonda Henderson

SUBJECT: Year End 2017 Budget Amendment

EXHIBITS:  Ordinance and Quote from Casco for New Uniforms.

APPROVAL:

 

 

EXPENSE REQUIRED: $26,405

AMOUNT BUDGETED: $0

APPROPRIATION REQUIRED: $26,405

SUMMARY: This item is to amend the year end 2017 budget approved by the
Board of Directors on November 21, 2016 with resolution 2016-74. On Tuesday, September 26th, 2017, 10 firefighters responded to an accident on I-30. This accident involved highly flammable materials which soaked the 10 uniforms. Due to our inability to remove the flammable materials from the uniforms, they will have to be replaced. The cost of the uniforms is $23,950 plus $2,455 in taxes. We will ask for reimbursement from the insurance company. Per section II, B9 of the City’s purchasing policy, this is an emergency situation and we ask to forgo the procedure of legal advertising and receiving three formal sealed bids.

BOARD ACTION: The City Manager and staff recommend that the City Board of Directors approve the attached resolutions.

 

EMERGENCY CLAUSE:   An emergency clause is requested for this item. 

 

ORDINANCE NO. _______

AN ORDINANCE WAIVING COMPETITIVE BIDDING; AUTHORIZING THE CITY MANAGER AND THE TEXARKANA ARKANSAS FIRE DEPARTMENT TO PURCHASE REPLACEMENT FIREFIGHTING UNIFORMS; MAKING THE NECESSARY BUDGETARY AMENDMENTS; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 

 

WHEREAS, in response to an accident occurring September 26, 2017, involving highly flammable materials, ten (10) fire department uniforms were damaged beyond cleaning or repair and necessitate immediate replacement; and

WHEREAS, in order to provide continued fire protection and have, on hand, adequate equipment to do so, it is necessary to immediately procure replacement equipment; and

WHEREAS, pursuant to Ark. Code Ann. § 14-47-138, the Board of Directors may waive the requirements of competitive bidding in exceptional situations where competitive bidding is not feasible; and

WHEREAS, Section 2-72 of the Texarkana Code of Ordinances Sec. 2-72, recognized that, in certain instances, it may not be feasible. . . .to obtain bids. . . .[including] emergency situations. . . .Where there is a sudden, urgent usually unexpected occurrence or occasion requiring immediate action. . . .[for instance] chemical or biological thereof [or] manmade disaster [;] and

WHEREAS, cost of the replacement uniforms is anticipated to be $23,950.00 (based on a quote from Casco Industries, Inc.) and an appropriation of such amount for the current FY2017 Budget is required; and

WHEREAS, a corresponding claim for such property loss will be submitted to the City’s risk pool carrier; and

WHEREAS, for the reasons set out above, an emergency situation exists, making it not feasible or practicable to engage in competitive bidding; and

WHEREAS, in consideration of and for the reasons set forth above, the City Manager and the Fire Chief request that any competitive bidding practices be waived as permitted and the Board approve the purchase of the uniform; and

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas, that:

SECTION 1.  Any competitive bidding practices that may be otherwise required by applicable law and ordinance are waived and the City Manager is authorized to cause to be purchased the uniforms described above at an amount not to exceed $23,950.00.

SECTION 2.  There is hereby appropriated $23,950.00 for said purchase, the proceeds, of any risk pool claim are hereby recognized, and the FY2017 budget is so amended.

SECTION 3.  This action being necessary for the preservation of the public peace, health and safety (including, without limitation, the need to have, on hand, proper and adequate firefighting equipment), and a separate and distinct vote having been taken on this emergency clause, an emergency is therefore declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval.

PASSED AND APPROVED this 2nd day of October, 2017.

 

 

_____________________________

Ruth Penney Bell, Mayor

ATTEST:

 

________________________________

Heather Soyars, City Clerk

 

APPROVED:

 

________________________________

George M. Matteson, City Attorney