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HomeMy WebLinkAboutOrdinance 4824 ORDINANCE NO, 4824 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AWARD AN EXTENSION OF A CONTRACT WITH DYCHEM INTERNATIONAL THROUGH THE END OF 2006. WHEREAS, Dychem International was selected by competitive bidding in 1998, and awarded a contract renewable through December 31, 2003, for automatic drive- through wash equipment; and, WHEREAS, the City Council, by Ordinance No. 4566, waived competitive bidding and extended the contract through the end of 2004, and by Ordinance No. 4674 through the end of 2005; and, WHEREAS, city staff has concluded that purchase of the equipment will be more cost-effective than leasing; and WHEREAS, to avoid an interruption in service while the new system is bid out, it is in the best interest of the City to extend the current contract with Dychem International through December 31, 2006. 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 finds that an exceptional situation exists in which competitive bidding is not deemed feasible or practical, and therefore, the City Council hereby waives the requirements for competitive bidding and awards a one year extension of the current Hydro Shock Fleet Washing System Lease and Chemical Purchase Agreement entered into on June 2, 1998 so that this contract will be in effect until December 31, 2006. PASSED and APPROVED this the 171h day of January, 2006. APPROVED:: ' By: O DAN COODY, Mayor ATTEST: TR ' .,, Y p c :rLp By: SO DRA SMITH,4City Clerk c ; FAYETTEVILLE %9sy�KANSP�J? ' 'GTON CONTRACT EXTENSION FOR HYDRO SHOCK FLEET WASHING SYSTEM LEASE AND CHEMICAL PURCHASE AGREEMENT THIS LEASE/PURCHASE AGREEMENT EXTENSION is made and entered into this 3151 day of January, 2006 by and between Dychem International, Inc. ("Lessor') and the City of Fayetteville ("Lessee'). Both parties agree to all the terms and conditions specified in the original agreement dated June 2 , 1998. Both parties agree that the agreement shall be extended from January 1 , 2006 to December 31 , 2006. Fayetteville City Council has passed and approved Ordinance No. 4824 allowing the waiver of competitive bidding and awarding an extension of the contract. DyChem . lnternational Inc. , Lessor City of Fayetteville, Lessee By: By: '44 441VIIrl Title. �2etr�ir Dan Coody, Mayor Date: Date: FIZZ/b� Attest: Attest: By: By. �„a�nnnC, `N * D •'C��'s Title: iF lb Sondra Smith, City Clerk ��' =06Z 2 0:�_ Date: fe6 0 (p Date: o? o c)9s` F *%-�' rn uumno " RECFw \ !Pn FEB 0 6 2001) CITY OF FAY ETTEV iLL� CITY CLERK'S OFFICE City of Fayetteville � ` 11,5 look Staff Review Form q oZ� City Council Agenda ItemsCCiQyyj Contracts �h V 17-Jan-06 City Council Meeting Date David Bragg Fleet Operations Operations Submitted By Division Department Action Required: Approval of extension of contract with Dychem International to provide automatic drive through wash equipment in 2006. $609000.00 $ 2619000.00 Contract Services Cost of this request Category/Project Budget Program Category / Project Name 9700.1910. 1 $ Services and Charges Account Number Funds Used to Date Program / Project Category Name $ 261 ,000.00 Shop Fund Project Number Remaining Balance Fund Name Budgeted Item OX Budget Adjustment Attached Previous Ordinance or Resolution # 4566P4674 3o 'OS Original Contract Date: 5/15/1998 Dep*Vrtmerk Director Date Original Contract Number: Res.68-98 f Z OS Received iyCity CION's Office City Attorney Date . Received in Mayor's Office ED 3 Mayor ate Comments: FLEET OPERATIONS Tayve ee 1525 S . Happy Hollow Road Fayetteville , AR 72701 ARKANSAS Interdepartmental Correspondence To: Mayor/City Council Thru: Gary Dumas, Director of Operations From: Barbara Olsen, Fleet Office Manager �• Date: December 29, 2005 Subject: Extension of Drive through Equipment Wash Contract RECOMMENDATION: That City Council approve a one year extension of an existing contract with DyChem International for drive through equipment wash supplies and equipment for 2006. BACKGROUND: By Resolution 68-98, City Council entered into a contract with DyChem International to furnish a drive through wash bay in the Fleet building and for exclusive purchase of chemical supplies for the operation of the wash equipment. The contract ended December 319 2003. Fleet staff began a search for alternative equipment and contractors in August, 2003. A trial period with an on site mobile washing contractor during January and February 2004 was not successful. By Ordinance #4566, City Council extended the contract until December 31 , 2004. During 2004, Fleet Staff researched washing alternatives and sent out a request for proposal . Proposals were received August 16, 2004. Fleet staff visited two facilities with the types of vehicle washing equipment that is under consideration. The Equipment Committee requested further information on costs of the systems at the meeting in November, 2004. By Ordinance #4674 City Council extended the contract until December 31 , 2005. After further research in 2005, it was concluded that purchase rather than lease of drive through wash equipment was more cost effective for the City. Capital funds to purchase a vehicle wash system were requested and approved for the 2006 budget. Bid requests have not yet been sent out. In order to keep the existing system operating until a new wash system is bid and purchased, it is recommended that the City extend the existing contract with all of its terms and conditions for a period of one year, ending December 31 , 2006. Contract terms allow for termination upon 60 days written notice, allowing an earlier transition to a new system. DyChem has agreed to the proposed extension. Funds are available in the operating budget for ongoing washing of equipment under this contract. ORDINANCE NO, AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AWARD AN EXTENSION OF A CONTRACT WITH DYCHEM INTERNATIONAL THROUGH THE END OF 2006. WHEREAS, Dychem International was selected by competitive bidding in 1998, and awarded a contract renewable through December 31 , 2003, for automatic drive- through wash equipment; and, WHEREAS, the City Council, by Ordinance No. 4566, waived competitive bidding and extended the contract through the end of 2004, and by Ordinance No. 4674 through the end of 2005 ; and, WHEREAS, city staff has concluded that purchase of the equipment will be more cost-effective than leasing; and WHEREAS, to avoid an interruption in service while the new system is bid out, it is in the best interest of the City to extend the current contract with Dychem International through December 31 , 2006. 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 finds that an exceptional situation exists in which competitive bidding is not deemed feasible or practical, and therefore, the City Council hereby waives the requirements for competitive bidding and awards a one year extension of the current Hydro Shock'Flelt Washing System Lease and Chemical Purchase Agreement entered into on J e 1998 so that this contract will be in effect until December 31 , 2006. PASSED and APPROVED this the 17`h day of Jarwcy 2006. APPROVED:' By: D N Cb �� `Y, Mayor ATTE T► i By: LONDRA` MI ity Clerk , . A ORDINANCE NO. 4 6 7 4 AN ORDINANCE TO WANE COMPETMVE BIDDING AND AWARD AN EXTENSION OFA CONTRACT WrM DYCHEM INTERNATIONAL THROUGH THE END OF 2005 WHEREAS, Dychem International was selected by competitive bidding in 1998 and awarded a contract renewable through December 31, 2003 for automatic drive through wash equipment; and WHEREAS, the City Council, by Ordinance No. 4566, waived competitive bidding and extend the contract through the end of 2004; and, WHEREAS, city staff have continued to examine other options but have not yet found a succes alternative; and WHEREAS, it would be in the best financial interest of the City to extend the current contract with Dychem International through December ' 31, 2005 rather than competitively bid this contract now. 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 determines that an exceptional situation exists in which competitive bidding is not deemed feasible or practical and the City Council hereby waives the requirements for competitive bidding and awards a one year extension of the current Hydro Shock. Fleet Washing System Lease and Chemical Purchase Agreement entered into on June 2, 1998 so that this contract will be in effect until December 31 , 2005. PASSED and APPROVED this the 1" day of February 2005. F' APPROVED: . S Uig'�\TY p� .GP 09 0 • ?- By FAYEITEVILLE� D COODY, Mayor ATTEST: �'�,9�f OtA-ANSP*%-es � TO By: SONDRA SMITH, ity Clerk Clarice Pearman - Dychem-Ord. 4824 Page 1 From: Clarice Pearman To: Bragg, David; Olsen, Barbara Date: 1 /30/06 4: 19PM Subject: Dychem-Ord. 4824 David, Sondra and I talked with Kit Williams regarding the contract extension for Dychem. He is of the opinion that we need a signed agreement as before with Ord. 4674. He thinks that you could pledgerize the old agreement and change the ordinance number and dates. If you have questions please give me a call. Thanks. Clarice CC: Smith, Sondra CONTRACT EXTENSION FOR HYDRO SHOCK FLEET WASHING SYSTEM LEASE AND CHEMICAL PURCHASE AGREEMENT THIS LEASE/PURCHASE AGREEMENT EXTENSION is made and entered into this 7"' day of February, 2005 by and between Dychem International, Inc. ("Lessor) and the City of Fayetteville ("Lessee"). Both parties agree to all the terms and conditions specified in the original agreement dated June 2, 1998. Both parties agree that the agreement shall be extended from January 1 , 2005 to December 31 , 2005. Fayetteville City Council has passed and approved Ordinance No. 4674 allowing the waiver of competitive bidding and awarding an extension of the contract. DyChem International Inc., Lessor City of Fay eville, Lessee By. By: Title: Mike Dunlap, Vice President Dan Coody, Mayor Date: 2 ? — U S Date: COJ/ Z Attest: nn Attest: By: By: . d Title: ana Opoulos, Customer Svc. Sondra Smith, City Clerk Date: 7 d5 Dater ; FAYEiTEVILLE ; NORTHWEST ARKANSAS EDITION Aromas Democrat IV Gazette AFFIDAVIT OF PUBLICATION I , Erin Emis, do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: was inserted in the regular editions on O PO# n r ** Publication Charge : $ 9'? Subscribed and sworn to before me thi day of 2006. Nota Public � Notary Sharlene D. Williams ORDINANCE NO. 4824 Nota AN ORDINANCE TO WAVE COMPE ITIVE BIQ Notary Public DING AND AWARD AN EXTENSION OF CON- My Commission ER0i168S:Arkans� CT WITH DYCHEM INTERNATIONALTaye M OH THE END OF 2706. Y1YCommissionExpires BAEREAS, DychemInternationalwasselectedby ARKANSAS October 18 competitive bidding in 1998, and awarded a can- r 2014 tract renewable Ihaugh December 31, 2003, c automatic drive4hraugh wash equipment; end, I ** SrI ERBAS, the City Council, by Ortllnence No. 4568, waived competitive bidding and extended Please do not pay from Affidavit. Rd contract through the entl of 2004, entl by Ordinance No. 4674 through the end of 2005; end, An invoice will be sent. :_7 airy i staff has concluded that purchase of the equipment will be more cost-effix e tben Ieasin •^sea^—,4 to avoid an interruption in service while the new system is bid an, a is in tie best itter- e��IN the City W extend the current contract with Dychem International through Decernber 31,MOB. pAM1. TIIEReFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITT OF '4,� ILLE, ARKANSA9s 90EBon 1. That the City Council of the City of Fayetteville. Arkansas hereby finds that an exception- RECEIVED xception- RECEIVED 9 pituation exists In which competitive bidding is not deemed feasible or practical, and therefore. IK4 City Council hereby waives the requirements for competitive bidding and awards-e ane. year extension of the current Hydro Shock Fleet Washing System Lease and Chemical Purchase dgrgament entered into on June 2, 1998 so that this contract will be in effect until December 31, JAN 3 0 29t)6 1006 PASSED MW APPROVED this tae 17th day of January, 2008. ;ITV OF F iYETTEVILLE AtPROVED; *+ .LERK'S OFFICE By ' DAN COODY WFw ' 4TTEST By4( SDt/DRA ITN, CHY Clwk e__ . 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYEfTEVILLE, ARKANSAS 72702 • (501 ) 442-1700 Clarice Pearman - Dychem Page1? From: Clarice Pearman To: Bragg, David Date: 1 /30/06 11 : 1 BAM Subject: Dychem David, I do not have an extension of contract signed by Dychem to attach to the ordinance. Please get a signed extension as before and return to our office to complete our processing of this ordinance. Thanks. Clarice CC: Smith, Sondra Clarice Pearman - Re: Dychem Page 1 From: David Bragg To: Pearman, Clarice Date: 1/30/06 11 :25AM Subject: Re: Dychem Barbara is calling today to get an agreement faxed. >>> Clarice Pearman 01 /30/06 11 : 18 AM >>> David, I do not have an extension of contract signed by Dychem to attach to the ordinance. Please get a signed extension as before and return to our office to complete our processing of this ordinance. Thanks. Clarice CC: Olsen, Barbara 01 / 30/2006. NON 15.: 13_ FAX 4.79. 444. 9425 FLEET (4) 002/ 002 JRN-30-2006 12: 13 80000 P. 02102 i i i I DyCh®m Dyehem lm rmd*rnl. Im i 560 Nomt Soo Wom sa0 wm c0y. 6mn 641 U 45 IRM4194015 i (801) M-9503 FAX 1 I 1 City of Fayetteville Attn: David Bragg Flea Operations Superintendent 1525-South-Happy-Hollow Fayetteville, AR 72701 i January 30, 2006 Dear Mr. David Bragg, - I Dychem-International.is willing to extend the contract with the city of Fayetteville for the year 2006. The contract maybe terminated provided either the City of Fayetteville or DyChem International-gives a 60-day written notice. Sincerely, Lieber President FL/jo TgrAL P. 02