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
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Tayelrl
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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
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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
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with existing quiPmant or becaul
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NOW, TNEpeFORe. BE IT ONDIINED BY THE CITY COUNCIL OF TIM
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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
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State of Arkansas ..
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My Commission ExpiresI
1p Apppol/!D this 19th day of December, M.
October 18, 2014 49M WAPPROVED. ATTEST:
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