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HomeMy WebLinkAboutOrdinance 4963 ORDINANCE NO. 4963 AN ORDINANCE TO AMEND § 34.23 OF THE FAYETTEVILLE CODE PURCHASES AND CONTRACTS NOT IN EXCESS OF $209000.00 BY ENACTING A SOLE SOURCE SUBSECTION WHEREAS, the City Council is empowered by A.C.A. § 14-58-303 (b) to provide the procedure for making all purchases which do not exceed $20,000.00; and WHEREAS, § 34.23 of the Fayetteville Code authorizes such purchases after securing quotation bids and exempts cost share agreements with developers and governmental entities; and WHEREAS, sometimes purchases must be from a sole source provider in order to be compatible with existing equipment or because the product has unique design or performance features. 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 amends §34.23 of the Fayetteville Code by enacting a new subsection (E) Sole Source Provider as shown below: "(E) Sole Source Provider. Multiple quotation bids shall not be required if the Purchasing Manager approves the Sole Source Justification form signed by the requesting Division Head for an item that is uniquely compatible with existing equipment or has unique and essential design or performance features." �FYVTR PASSED and APPROVED this 19'h day of December, 2006. �`>G. ��T Y OF SGS: FAYETTEVILLE • APPROVED: ATTEST: :• y/, ,G ONj1c�`` . By: By: 4M4,L DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer 02.1 City of Fayetteville Staff Review Form d� City Council Agenda Items /►� . ,f or Contracts December 19th, 2006 City Council Meeting Date Peggy Vice Purchasing Finance & Internal Services Submitted By Division Department Action Required: Approve an amendment to Chapter 34, Article II of the Fayetteville Code of Ordinances, Title III Administration, to allow sole source contracts and purchases under $20,000 when it is not feasible, practical or possible to obtain quotes. N/A NIA N/A Cost of this request Category / Project Budget Program Category / Project Name N/A NIA Account Number Funds Used to Date Program / Project Category Name $ Various Funds Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department Director Date Original Contract Date: Original Contract Number: City orney - Date I� n Received in City Clerk's Office to Finance and Internal Service Director Date Received in Mayor's Office 0 ' Mayor , / Date �2 F� r, • Tayelrl e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS TO: Mayor and City Council THRU: Paul Becker, Finance and Internal Services Director FROM: Peggy Vice, Purchasing Manager "1 DATE: November 30, 2006 SUBJECT: Sole Sourcing on contracts and purchases under $20,000 Recommendation: Staff recommends City Council approve an amendment to Chapter 34, Article II of the Fayetteville Code of Ordinances, Title III Administration, to allow sole source purchases on contract services and purchases under $20,000 when it is not feasible, practical or possible to obtain quotes. According to Chapter 34, Article II of the Fayetteville Code of Ordinances, Title III Administration, all purchases and contracts procured between $ 1 ,000.00 and $20,000.00 shall be made after obtaining quotes. Discussion: Purchases sometimes arise where staff cannot get a "comparable" quote from other vendors. It has been Purchasing staffs practice for many years to accept a "Sole Source Justification" from the division as a replacement for quotes. A copy of the "Sole Source Justification" form is attached for review. Upon receipt of a sole source justification form, Purchasing staff reviews the reasonability of the sole or single source procurement based on the requestor's investigation, evaluation and documentation of alternate sources of supply and that the rejection of similar products is based solely on their failure to meet specific and necessary specifications and operational requirements. In cases where an alternate supplier for a , similar product cannot be identified, the requester must document that a good faith effort has been made in seeking other sources. 113 W Mountain Fayetteville, AR 72701 PHONE: 479-575-8220 FAX: 479-575-8257 ORDINANCE NO. AN ORDINANCE TO AMEND §34.23 OF THE FAYETTEVILLE CODE PURCHASES AND CONTRACTS NOT IN EXCESS OF $20,000.00 BY ENACTING A SOLE SOURCE SUBSECTION WHEREAS, the City Council is empowered by A.C .A . § 14-58-303 (b) to provide the procedure for making all purchases which do not exceed $20,000.00; and WHEREAS, §34.23 of the Fayetteville Code authorizes such purchases after securing quotation bids and exempts cost share agreements with developers and governmental entities; and WHEREAS, sometimes purchases must be from a sole source provider in order to be compatible with existing equipment or because the product has unique design or performance features. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the Citv Council of the City of Fayetteville, Arkansas hereby amends §34.23 of the Fayetteville Code by enacting a new subsection (E) Sole Source Provider as shown below: "(E) Sole Source Provider. Multiple quotation bids shall not be required if the Purchasing Manager approves the Sole Source Justification form signed by the requesting Division Head for an item that is uniquely compatible with existing equipment or has unique and essential design or performance features." PASSED and APPROVED this 19`h day of December, 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk FAYETfEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION expending, and auditing of all funds of the city, public purposes in and for the city and may execute contracts to effect such purchases. The mayor shall (B) The City Council shall also enact, by resolution, also be the contracting agent for the city and shall rules and regulations submitted by the mayor and enter into and execute all contracts for services, for the finance committee concerning budgeting, the lease of land, the sale or exchange of personal investment of funds, supplemental appropriation property owned by the city, and for the construction of of unallocated funds and any other areas of fiscal municipal improvements. All such purchases and control not specifically assigned to the contracts shall be subject to prior appropriations, ,in Department of Finance. thebudget approved by the City Council, or to other authorization of expenditures therefor, . approved by (Code 1965, §2-53; Ord. No. 1382, 1-13-64; Code 1991 , the Council. §34.07) (Code 1965, §2-66; Ord. No. 1215, 9-14-59; Ord. No. 1687, 34.08-34.19 Reserved 7-21-69; Ord. No. 3453, 9-5-89; Code 1991 , §34.22) ARTICLE II 34.23 Purchases And Contracts Not In PURCHASE AND SALE OF Excess Of $20,000.00 CITY PROPERTY; CONTRACT (A) All such purchases not in excess of $20,000.00 34.20 Definitions shall be made by the mayor, or his duly For the purpose of this article the following definitions authorized representative, after the securing and shall apply unless the context clearly indicates or recording of quotation bids therefor; provided requires a different meaning. quotation bids need not be secured for purchases under $1 ,000.00. Duty authorized representative: Any city (B) Cost-share agreements with developers or employee so designated by the mayor governmental entities for the improvement of City Lowest responsible bidder The bidder, as infrastructure are expressly exempt from the determined by themayor, or his duly authorized requirements of this section. The City Council / representative, after considering all the facts and - - shall signify its approval . of oost-share . I circumstances in the best interests of the city. agreements by Resolution (Code 1965, §2-64; Ord. No. 1215, 9-14-59; Ord. No. 1687, (C) Contracts not in excess of $20,000.00 shall be 7-21-69; Code 1991 , §34.20) made and entered into by the mayor. The mayor shall have the authority to approve contract 34.21 Compliance change orders up to the contingency amount, if In order to purchase supplies, apparatus, equipment, any, as set forth in any approved contract even materials, and other things requisite for public though such contingency amount may exceed purposes in and for the city, and to make all - $20,000.00. - necessary contracts for work or labor to be 'done, or (D) The hiring 'of engagement of professional materials or other necessary things to be furnished for services shall 1 be conducted 'according to a the benefit of the city, or in carrying'out any work or professional hiring policy approved by the City undertaking of a public nature therein, the procedure Council. to be followed shall be as set forth in this article; provided, however, that the City Council may waive the requirements of competitive bidding in exceptional (Code 1965, §2-67; Ord. -3- 1215, 9-14-59; Ord: No. 1687, - q P g7-21 b9; Ord. No. 2259, 8-3-76; Ord. No. 3400, 1-3-89; Ord. situations where such procedures are deemed not No. 3453. 9-5-89; Ord. No. 3676, 2-17-93; Ord. No. 3719, 7- feasible nor practical. 6-93; Code1991 , §34.23; Ord. No. 4722, 7-19-05; Ord. No. 4901 , 7-18-06) (Code 1965, §2-65; Ord. No. 1215, 9-14-59; Ord. No. 1667, . 7-21-69; Code 1991, §34.21 ) 34.24 Repealed - 34.22 Purchasing And Contracting Agent 34.25 Sales The mayor, or his duly authorized representative, shall be the purchasing and contracting agent for the city. He/She shall purchase all supplies, apparatus, (A) The purchasing agent may sell or exchange any equipment, materials, and other things requisite for city-owned supplies, equipment, or materials if such have a fair market value of less than CD34:4 EXAMPLES OF CURRENT SOLE SOURCING JUSTIFICATIONS: 1 . Repairs of specialized equipment that has an integral repair part or accessory compatible with existing equipment such as Water/Sewer TV Van, Motorola radio equipment, Mobile Data equipment, salt brine sprayers, street sweepers, etc. 2. Special design or performance features such as: light fixtures and parts to match existing lights on trails, Dickson Street, etc. 3. Purchase or expansion of hardware and software packages that are protected by copyright or patent. v 4. Purchase of chemicals and regents when extensive evaluation is required to make changes. 5. Equipment, products -and/or service that staff have specialized training and/or extensive experience utilizing. Retraining would incur substantial cost and/or time and will not result in the most effective life-cycle net cost. 6. Repairs involving hidden damage requiring disassembly before a determination of needed repairs and cost can be made. 7. Standardized equipment purchases where an inventory of repair parts is kept to prevent downtime and prevent the need to keep repair parts, batteries, etc. for several different types, brands or manufacturers. Also allows interchangeability of parts from one piece of equipment to another when two are down for repair. 113 W Mountain Fayetteville, AR 72701 PHONE: 479-575-8220 FAX: 479-575-8257 SOLE SOURCE JUSTIFICATION PURPOSE: This form, with one or more categories completed, must accompany purchase requisitions for the sole source procurement of equipment, -services or supplies exceeding $1000 (purchased from State Contract venders excepted). The purpose of sole source justification is to show that competitive bidding is impractical because only one product or service provider can meet a specific need. Therefore, an equitable evaluation of comparable products or services must be made and documented by the requester who shows that rejection of other products or services is based solely on their failure to meet that need. In cases where no other comparable source can be identified, a technical description of the product requested and a listing of those companies which were considered as alternative sources must dbe provided. Quality can be a subjective evaluation based upon opinion. Municipal (public) procurement law requires price considerations be evaluated via competitive quoting or bidding. While all sole source justifications are subject to review, sole source justified purchases of $20,000.00 or more must be publicly bid or a bid waiver approved by Council. Justifications must contain clear, in-depth, and accurate information in order to avoid protests and the possibility of delaying the procurement. INSTRUCTIONS: 1 . Please type or print legible in ink. 2 . Complete all categories and sections that apply. I Provide full explanation, complete descriptions, and/or list all relevant reasons where space has been provided. Sale Source Justification forms lacking sufficient detail cannot be approved. 4. Sign and date the form in the space provided for "signature". 5. Improperly completed, and/or unsigned forms will be returned to the sender. TO: Purchasing Division Date: FROM: Dept: Names of Requisitioner and Dept. Head SUBJECT: Sole Source Justification Purchase Requisition (attached) Proposed Vendor Product Description STATEMENT I am aware that Fayetteville Code of Ordinances, Title III Administration, Chapter 34, Article II mandates that the procurement of services, materials, equipment and supplies be via competitive quotes whenever the amount is over $ 1 ,000.00. However, I am requesting sole source procurement based on the following criteria. (Attach additional sheets as necessary): 1 . The requested product is an integral repair part or accessory compatible with existing equipment. (please state the manufacturer and model number of existing equipment): 2. The requested product has special design/performance features which are essential to my needs. Both A and B portions of this category must be completed. A. These features are: B . In addition to the product requested, I have contacted other suppliers and considered their product of similar capabilities. I find their product unacceptable for the following reasons (identify companies contacted, individuals contacted, model number and specific technical deficiency). 3 . I have standardized the requested product/service; the use of another would require considerable time and money to evaluate. Explain: 4. The requested product is one which I (or my staff) have specialized training and/or extensive experience. Retraining would incur substantial cost in money and/or time. Explain: 5 . Please consider sole source approval for this reason(s) (e.g. trade-in allowance; availability of services, parts and maintenance; product is a prototype; inventory of parts are maintained, etc.): Authorization: Full Name and Title of Requisitioner (typed or printed in ink) Signature Date Full Name of Division Head (typed or printed in ink) Signature Date (12.27.06) Clarice Pearman - Ord. 4963 Page 1 From: Clarice Pearman To: Vice, Peggy Date: 12.27.06 2:54 PM Subject: Ord. 4963 Attachments: 4963 Amend 34.23.pdf CC: Audit Peggy: Attached is a copy of the above ordinance passed by City Council, December 19, 2006. If anything else is needed please let me know. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us Arkansas Democrat (gazette Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE , AR 72702 PHONE : 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: ORDINANCE 4963 Was inserted in the Regular Editions: December 27, 2006 RECEIVED Publication Charge: $63 . 30 JAN 0 4 2007 CITY OF FAYETTEVILLE Subscribed and sworn to before me CITY CLERK'S OFFICE Thisday of 2006 . - 0011OIIDIMMCE No. 490.9 1 AN ORDINANCE TO AMEND § 3423 OF TME r' �; I///' �\' TRACTS CODE PURCHASES AND CON- Y V 1 Notary Public µ � y�/ . TRACTS NOT L SOURCE U S2D,IION 9Y ' J � FIJACTINGASOLE SOURCE SUBSECTION ARKANSAS 1 r/NEBEAO, ' the City Council IS empewered by EI Z' A,C,A, § 14-58-303 (b) to provide the procedure for making ell plllCh,SSS whlc4l do riot exceed $20,000.00: and NNENeA9, § 34.23 of the FayetteNlle Code authorizes Such purchases after seairing quotation blds alM exempts qst share agreements M7th davekspers and govarnmemal entities; and My Commission Expires: tl11ENEA8 some Imes Pur chases must be from a sole sourcepa wderoort�nce featuresPetiDle with existing quiPmant or becaul se the plum has unique design a PBM . .r , < . _ CITE' OF NOW, TNEpeFORe. BE IT ONDIINED BY THE CITY COUNCIL OF TIM FAY SO AHNANSAO: ' tr Seetlon 1: ' That the City Council of me City of Fayetteville. Arkansas hereby emends §34:23 of Me Sharlene D. Williams Fayetteville Code by enacting a new,Subsectan (E) Sole Sou ce PONde es Shown boo + Notary Public r '(E) Sole Source Provideiple r.= Multquotation bids shalt not be required It the Purchasing Manager �L Ispuniquelythe Sets Source justificet" form signed dompe ble with existing equipment or hes un qua and 03 emial des Bn dDivision Head or padormli hem that State of Arkansas .. - My Commission ExpiresI 1p Apppol/!D this 19th day of December, M. October 18, 2014 49M WAPPROVED. ATTEST: Ay: � N 0000+, r.ra °z SMDw+9Ntn(, CRY cto*m"• r