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HomeMy WebLinkAboutOrdinance 4455 ORDINANCE NO. 4455 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZING THE CITY TO LEASE 20,000 SQUARE FEET OF WAREHOUSE SPACE FROM ALPINE HOLDINGS FOR $4,000.00 PER MONTH TO STORE SOLID WASTE RESIDENTIAL CARTS UNTIL THEY CAN BE DISTRIBUTED AND DECLARING AN EMERGENCY WHEREAS, the City of Fayetteville initially leased warehouse space from Alpine Holdings on November 25, 2002 for less than ten thousand dollars, and moved thousands of residential solid waste carts into the leased premises; and WHEREAS, the leased premises will be needed to be leased longer than originally contemplated because of a production shutdown at the facility manufacturing the garbage trucks needed to handle the carts; and WHEREAS, adding the initial lease payment to the additional amount of lease payment required to store the carts long enough for the new distribution schedule exceeds $10,000.00, which normally requires formal bidding by the City; and WHEREAS, because of the substantial expenses and employee time which would be required to move the thousands of carts to a different leased storage facility and Alpine Holdings' agreement to continue to lease its warehouse at its initially agreed monthly rate, the City Council finds that circumstances exist that constitute an exceptional circumstance where competitive bidding is not feasible nor practical. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby waives the requirements of formal competitive bidding for the lease of 20,000 square feet of warehouse space from Alpine Holdings for $4,000.00 per month to store solid waste residential carts until they can be distributed. Section 2. Emergency Clause. That the City Council of the City of Fayetteville, Arkansas having found that the storage of thousands of residential solid waste cars is essential to provide adequate sanitation services to the citizens of Fayetteville without undue delay, hereby declares this ordinance to be necessary to preserve the public health, and because of such, an emergency is • OrdinanQ Number4455 hereby declared to exist and this ordinance shall be in full force and effect from the date of its passage and approval. PASSED and APPROVED this the 7w day of January, 2003. APPROVED: By: 4 614 DAN COODY, May ATTEST: By: Bather Woodruff, City rk � (' ti � ��; NAME OF FILE: Ordinance No. 4455 CROSS REFERENCE: Item # Date Document 1 12123/02 Staff Review Form w/attachments: copy of 12/18/02 memot to Gary Dumas 2 02/07/03 memo to Brian Pugh 3 02/11 /03 lAffidavit of Publication from NW Ark. Gazette NOTES: NORTHWEST ARKANSM EDITION Arkansas Democrat VOgizeW AFFIDAVIT OF PUBLICATION I , LP .. do solemnly swear that I am Ledcil Clerk of the Arkansas Democrat-Gazette newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , the advertisement of: ' was inserted in the regular editions on c�) ih ins `* Publication Charge : $ (Y4 Subscribed and sworn to before me this day of 2003. ORDINANCE NO. 0455 AN ORDINANCE WAVING THE REQUIREMENTS OF Notary Public FORMAL COMPETI VE BIDDING AND AU HOR ZING THE CITY TO LEASE 20.000 SOUARE FEET OF WAREHOUSE SPACE FROM ALPINE HOLDINGS FOR RESIDENTIAL .00 PER MONTH HE STORE SOLID WASTE � of Fayetteville RESI00.00 CARTS UNTIL THEY CAN BE DISTRIBIJWA My Commission Expires: WHEREAS, the Chy of FeyetteNee Widely, leased warehouse space horn Alpine Holdings on November 25. 2002 for less Man ten thousand dollars, and ngaeo MGusade of residential saad waste carts Into the leased prerwas: and WHEREAS, Ma leased "edea wN be needed to be leased longer than algirey, contenpleted because of a pmtluclbn shutoonn at Me testify rtsnulecturMg We garbage sucks Ple OaVlt: needed to handle Me tarts: arid �p WHEREAS, adding Me inttlal lease payment to the addRlonal amount of lease paymara AnLinvoice wTAIG(1 i JR N nnoormaal trequl� ro� I�baal�ng by Me Gy: and ough for the neor dlsma on schetl da exceeav s10,000.0o, wrvm WHEREAS, because of the substaMlel atyenses and employee time wtYCh would be NOlary Public-Arkansas required to rn a the thousands of carts to a dltterertt Issued! storage faauy and Alpine Holdings' WASHINGTON COUNTY agreement to continue to lease Its wbrdguse M hs nnialy agreed mont1 W rete, Me Cy Guild finds Met chcurastarues asst Mat socia to an acceptorid c'unnsreroa where owcel Wring s rot Commission Expires 11 -052011 fxisbenor pacbcel. NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Me Gy Couoi of the Gy of Fayetteville, Aaansae hereby waNes Ma requhenenb of formal o0mpolMe bdding for Me lease of 20,000 square feet of warehouse space from Alpha HoUnge for $4,000.00 par month to store wild waste resclentiel cads until they can ba distributed. Section 2. Emergency Claus. That Me Gy Council of Me Gy of FayadeAlle, Arkansas hating found that the storage of Mousnds of raddsiltlal add waste cars Is essential to provide adequate sanitation swAces to the Citizens of FayehoWe Wthout undue delay, hereby declares this ordinance to be rocessary to Praserve the Public hea M, and because of soh, an emergency Is hereby'derlared to exist end this ordnance shat be In M face enol effect horn Me data of Its passage aro apprmss. PASSED end APPROVED the the 7M day of January. 2003. APPROVED: By DAN GOODY, Maya r. . ATTE�T: j HBaMarWaruff,�k 212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700 FAYETTE�I LLE THE CITY OF FAYEMVILLL ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Brian Pugh C Solid Waste & Recycling From: Clarice Buffalohead-Pearmank Sr. Secretary Date: 2/7/2003 Re: Ord. No. 4455 Attached please find an executed copy of the above ordinance passed by the City Council on January 7, 2003, authorizing the city to lease warehouse space to store solid waste residential carts until distribution. The original will be microfilmed and filed in the city clerk's office. If anything else is needed please let the city clerk's office know. /cbp cc: Nancy Smith, Internal Auditor J • STAFF REVIEW FORM • • AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of : January 7th, 2003 FROM : Brian Pugh Solid Waste & Recycling General Services Name Division Department ACTION REQUIRED : Approve bid waive for extend' ig I ase agreement with Alpine Holdings to March 30th, 2003 COST TO CITY : $ 63000.00 $ 902,979.00 Lease of Storage for Carts Cost of this request Category/Project Budget Program Category / Project Name 5500.5020.5308.00 $ Account Number Funds Used to Date Program / Project Category Name $ 9029979.00 Solid Waste Project Number Remaining Balance Fund Name BUDGET REVIEW: • Budgeted Item Budget Adjustment Attached Budget M464ger Date Administrative Services DirectorDate CONTRACT/GRANT/LEASE REVIEW: 3— Accounting Manager Date Internal A6bitor Date ClAy Attorn ate ADA Coordinator Date RL Purchasing Manager Date Grant Coordinator Date STAFF RECOMMENDATION : Staff recommends approval of the bid waiver for extending lease agreement. Cross Reference Division Head Date New Item : Yes NO Department Director Date Previous Ord/ Res # : \{X/4 W,c2 DY Orig . Contract Date Adili in s tive Ser ces Director Date Orig . Contract Number Ma or Date f To: Gary Dumas From: Brian Pugh Date: Wednesday, December 18, 2002 Subject: Lease Agreement for Cart Storage Background: The Solid Waste and Recycling Division entered into a lease Agreement with Alpine Holdings on November 25th for lease of 20,000 sq/ft of warehouse space at 20 cents per sq. foot, located at 1800 South Stirman in Fayetteville, for storage of the Divisions residential solid waste carts. The term of the lease agreement is set to expire on February 7`h, 2003. Discussion: Due to manufacturer production delays, delivery of the automated waste collection trucks have been altered. This delay will affect the beginning of program operations for the automated Volume Based /Pay as You Throw program and further storage of the carts is required until the program can begin. Most of the carts have been delivered, with the last delivery of carts set for December 23rd. The one week production shut down at Mack has affected our roll out of the cart delivery dates by 4 weeks. The trucks are presently scheduled for delivery as follows: 1 truck the week of December 16, 2002. The second truck the week of January 6, 2003 and the remainder by February 1 , 2003 . If this schedule does not change, we will have time to train on the equipment before the cart rollout which we have now scheduled for the first route on February 10`h, 2003 . Totter Carts have been notified about the schedule changes and they will notify the cart delivery company. Recommendations: Because of production delays the Solid Waste and Recycling staff request approval of a Bid Waiver for extension of the lease agreement with Alpine Holdings with the new termination date set for March 301h 2003 . Solid Waste and Recycling Division Telephone: 479-575-8398 1560 Happy Hollow Road. Fax: 479-444-3478 Fayetteville, Arkansas 72701 Email: bpugh@ci.fayetteville.ar.us i 0 ORDINANCE NO. 4455 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZING THE CITY TO LEASE 20,000 SQUARE FEET OF WAREHOUSE SPACE FROM ALPINE HOLDINGS FOR $4,000.00 PER MONTH TO STORE SOLID WASTE RESIDENTIAL CARTS UNTIL THEY CAN BE DISTRIBUTED AND DECLARING AN EMERGENCY WHEREAS, the City of Fayetteville initially leased warehouse space from Alpine Holdings on November 25, 2002 for less than ten thousand dollars, and moved thousands of residential solid waste carts into the leased premises; and WHEREAS, the leased premises will be needed to be leased longer than originally contemplated because of a production shutdown at the facility manufacturing the garbage trucks needed to handle the carts; and WHEREAS, adding the initial lease payment to the additional amount of lease payment required to store the carts long enough for the new distribution schedule exceeds $10,000.00, which normally requires formal bidding by the City; and WHEREAS, because of the substantial expenses and employee time which would be required to move the thousands of carts to a different leased storage facility and Alpine Holdings' agreement to continue to lease its warehouse at its initially agreed monthly rate, the City Council finds that circumstances exist that constitute an exceptional circumstance where competitive bidding is not feasible nor practical. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby waives the requirements of formal competitive bidding for the lease of 20,000 square feet of warehouse space from Alpine Holdings for $4,000.00 per month to store solid waste residential carts until they can be distributed. Section 2. Emergency Clause. That the City Council of the City of Fayetteville, Arkansas having found that the storage of thousands of residential solid waste cars is essential to provide adequate sanitation services to the citizens of Fayetteville without undue delay, hereby declares this ordinance to be necessary to preserve the public health, and because of such, an emergency is