HomeMy WebLinkAboutOrdinance 5298 ORDINANCE NO, 5298
AN ORDINANCE TO AMEND §34.23 PURCHASES AND CONTRACTS
NOT IN EXCESS OF $20,000.00 OF THE FAYETTEVILLE CODE TO
ENACT SUBSECTION (F) WAIVER OF THE REQUIREMENT FOR BIDS
WHEREAS, the City Council is empowered by the state bidding law {A.C.A. § 14-58-
303 (b)} to set forth the requirements for purchases and contracts that do not exceed $20,000.00;
and
WHEREAS, just as in the state bidding law, there should be a general provision in our
Code to expressly allow the City Council to waive the normal requirement for competitive
bidding or quotations for contracts under $20,000.00 in exceptional situations in which bidding
is not feasible or 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 amends
§34.23 of the Fayetteville Code to enact a new subsection (F) Waiver of the Requirement for
Bids as follows:
"(F) Waiver of the Requirement for Bids.
"The City Council, by ordinance, may waive the requirements of this section for
competitive bids or quotes in exceptional situations where this procedure is
deemed not feasible or practical."
PASSED and APPROVED this 15th day of December, 2009.
APPROVED ATTEST:
'•GASY OF •,�P
By- sem -- By: ��1 nl� CYkt '` : F ,
IOAELD JO AN, Mayor SONDRA E. SMITH, City Clerk/Trea ; ��
, �YETTEVILLE ' =
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AGENDA REQUEST
FOR: COUNCIL MEETING OF DECEMBER 15, 2009
FROM: KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend §34.23 Purchases And Contracts Not In Excess Of $20,000.00 Of
The Fayetteville Code To Enact Subsection (F) Waiver Of The Requirement For Bids
APPROVED OR AGENDA:
11 -� 3 -cY
City Attorny Date
yA.tQ Il - 3 09
Peggy Vice Date
Purchasing Manager
-u o" c . 9..
11 - 13 - zoo9
Paul Becker Date
Finance Director
BaERED PQ
Don Marr Date
Chief o Staff
Lioneld Jor Date
Mayor
FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
Don Marr, Chief of Staff
Peggy Vice, Purchasing Manager
FROM: Kit Williams, City Attorney
DATE : November 13, 2009
RE : City Council power to waive §34.23's normal bidding or quotation
requirements
Although there are exceptions from the normal bidding or quotation
requirement for contracts under $20,000.00 in §34.23 for government and
developer cost-share agreements and sole source providers, I believe our
Fayetteville Code should mirror the state statute to provide the City Council with
the express power to waive competitive bids or quotes "in exceptional situations
where this procedure is deemed not feasible or practical ." A.C .A. § 14-58-303
(b)(2)(B) Therefore I have prepared a new subsection (f) for §32.23 to give such
express power to the City Council .
Attached is this newly proposed subsection and an Agenda Request form if
you approve this suggested change. I suggest this not be placed upon the Agenda
until December 15 , 2009.
ORDINANCE NO,
AN ORDINANCE TO AMEND §34.23 PURCHASES AND
CONTRACTS NOT IN EXCESS OF $209000.00 OF THE
FAYETTEVILLE CODE TO ENACT SUBSECTION (F)
WAIVER OF THE REQUIREMENT FOR BIDS
WHEREAS, the City Council is empowered by the state bidding law {A.C.A. § 14-58-
303 (b)} to set forth the requirements for purchases and contracts that do not exceed $20,000.00;
and
WHEREAS, just as in the state bidding law, there should be a general provision in our
Code to expressly allow the City Council to waive the normal requirement for competitive
bidding or quotations for contracts under $20,000.00 in exceptional situations in which bidding
is not feasible or 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 amends
§34.23 of the Fayetteville Code to enact a new subsection (F) Waiver of the Requirement for
Bids as follows:
"(F) Waiver of the Requirement for Bids.
"The City Council, by ordinance, may waive the requirements of this
section for competitive bids or quotes in exceptional situations where
this procedure is deemed not feasible or practical."
PASSED and APPROVED this 15'h day of December, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE 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. the budget 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.
Duly 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 the mayor, or his duly authorized requirements of this section. The City Council
representative, after considering atl the facts and shall signify its approval of cost-share
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 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
to be followed shall be as set forth in this article; Council.
provided, however, that the City Council may waive
the requirements of competitive bidding in exceptional (E) Sole Source Provider. Multiple quotation bids
situations where such procedures are deemed not shall not be required if the Purchasing Manager
feasible nor practical. approves the Sole Source Justification form
signed by the requesting Division Head for an
(Code 1965, §2-65: Ord. No. 1215, 9-14-59; Ord. No. 1687, item that is uniquely compatible with existing
7-21-69; Code 1991 , §34.21) equipment or has unique and essential design or
performance features.
34.22 Purchasing And Contracting Agent
The mayor, or his duly authorized representative, (Code 1965, §2-67; Ord. No. 1215, 9-14-59; Ord. No. 1687,
shall be the purchasing and contracting agent for the 7-21-69;Ord. No. 2259, 8-3-76; Ord. No. 3400, 1-3-89; Ord.
city. He/She Shall purchase all supplies, a No. 3453, 9-5-89; Ord. No. 3676, 2-17-93: Ord. No. 3719, 7-
y pp apparatus, 6-93: Codel991 , §34.23; Ord. No. 4722, 7-19-05; Ord. No.
equipment, materials, and other things requisite for - 4901 , 7-18-06: Ord 4963, 12-19-06)
CD34:4
L1-Sri-Ilht LOCAL GOVERNMENT LOCAL CROVER:
(:i) An incorporated town; or (di The gm
(4) A city or town dcparl.nn:nl, agency, board, m• commission.
bidding in est
(h)( II L;fl'ectivu jointary 1 , 2O0(;, upon receipt of a written request, signed by it full-Lime (c)( I ) In a catt
municipal employee who is represented by a union or professional association, the municipali- governing hudv h
ty shall withhold ntrntbelship (]ties of the union or professionA association from Ulu salary' of 11AVINe Internet
the employee. Materhds shnll be
(2) The, withholdgag request. nuthorm ' I by this section shall Ire, ora it form provided Lu the (2) The ordir
enlplovee by the municipality. ( A ) Itiddaa
(c) After a withholding requeSL iS received by the rnunicipalil.v and after withholding of an access it) lilt
emplopce's dues is stinted under subsection (b) of this section, the withholding shall he hdm'nct and
disconLinued only upon receipt of it %kriLten notice of cancellation signed by the emplgvee. ( k) The h
(d) The numicipaliLy shall transmit all docs that ore tvithhclrl wader this section to the I nternet ;net(U) The n
union or professional association representing Lit(! employee days* of within live (5) dayof the end of
Lhc pay period. ID) The r
A rEx ul'-'003. Act � I:f.i. ANN L d.): Any, i'', 2(105. 6i ( E) attic I
Each
Ilistorical and Stmtutury Notes provt .`':
( F) hidde
Arluansns Cndc Revision Commission proved by the Arkansas Code Recision l 'ommi..- hills; antl
Tcellnieal changes wcl'u made in *211115 to coliform Sion. (( ; ) Thr y
with the official Arkansas ('()till 01 1987 as ap-
:Ilmllllllls,
The got
Suio:wx ^ram 2—Runcsa's IN MAYOR COUNCIL Musucu•e1.Irll's specifi( ations
dlU1f The
§ 14-59-201 . Submission deadline auction tendu
Ik) The
Cross References auction um
Audit. by indepc ulloo acconntain, seu l H—M_ (5) The yam
101. (A ) Rein
Saa(:u.unro:u 3—CITIES or Fo;s•r CLASS Cswate,u.1.\. it is in the l
( I ) For pill p-
§ 14-58-303. Purchases and contracts generally 11 ) " hexer
lel In n cite of die lirst claims, city ol' thc second Class, or incorporated lawn, th(! naayan• or u\) Aro
nnmiei tdil
the mayor's dul,1' authorized representative shall hate exclusive power and respuusihililp tit
nudge purchases of all supplies, apparatus, equipment, materials, and uLhn' things requisite Illi Wit
for public purposes in and I'or the city and to mako all necessal;v contracts for Mork or lahor lowedt pns.
to be dune or material or other neressat.v things ill he furnished fur the henetit, of the coley, or (2) "I:ecel
in c:u'rving out anv work or undertaking of it public nature in the cit;v. I etetse Intel
(b)( I )(A) The municipal governing hudv of tiny t•il;v of the first class shall provide by Arls ql' I!)Si" ;I
ordinance the pruce(hwe for making all purchases which (ho not exceed thesow ul' LwentY AN 812, § I:
Lllmuaud dollars ($,20,11110 ). 'AI ng. IL. L'O(�i:
Ili) The, municipal governing tinily of any city of the second class or incorporated town Formerly A.S.
only provide by ordinance the procedure for making all purchases.
('L)(A)(i) In a city' of the first class where the amount of espunditurc for :u)y purpus" or
contact exceeds tile, sural of laventy thousand dollars ($20,0110), the mayor or Lhc ntaY01 s
authorized i epreselo ative shall invite c(nnpeLitive bidding un the purpose nr Contact bt. :Arlumsas Code
legal advertisement in any local newspaper. Technic;(] elm
Oil kids received pursuant to the advm•tiseman( shall he opened and read on the with lilt, ouiel;
(bate setto" receiving the bi(h in the presence of the: nutyor or the nutvur'.S authorized
representative.
fiii) The, mayor or the mayor's authorized representaLive shall have exclusive power
to awar(1 the bid to the lowest responsible bidder, but maty 1•glect any ;and all hid:: 14,11f recount
received. tv. dor
22
LOCAL GOVERNMENT L(1CA1 , (1TOVERNMEN,l.
( II ) The governing hudr by ordinance nlac waive the requirenl(mts of competitive
un. bidding in ex -optional situations where this procedure is duenu:d not, feasible or practical.
request, signed M` a full-t.inu (x1111 In a city (it' 7111. lust claw, a city of the second class, or :ill incorporated Lown, the
nlnl association, the, mtulicipali- governing hmdy Lc ordiuuuce shall have Che option to slake purchases L,V parl,icipatiun in x
I assurialiun front the salary of 111"Isr Internet aucholl, exceptthat purchases and Contracts fur construction projects and
inalerinls shall be uudel WItcn pursuant, to Cti Id—fi4—:;03(;i) and (b) :in( ( 22-9-203.
JI he nn a tin in provided to the ('_') The ordin:ulco sII;dl include, III II is sol, IiILL itel I to, the CoIlowiug procedures:
(A ) Biddl-rs .shall he provided instructions and individually secured passwords I'or
dile mol :d•ler withholding Ill* cul a(•cess to the reverse Internet auction by dither the city of, the Lown, or the reverse
-tion, Lhe withholding shall he luternet auction vomlur;
onion signed by the employee. ( I3) The hidding process shall be tina`d, and the time shall bo part of the reverse
;held under this section to the Iulurnet outt.iou speeiticatious;
Rhin live (5) days of, the uld of ( C) The reverse 111wruet auction shall he held at a sliweilic date and lime;
( 11) 'Plc reverse. Internet, auction and hidding process shall he interacti\a;, with each
bidder ahle Lu make multiple birds during Lhc allotted link;
( E) Each LiIli l-I- sha11 be continually sign alOil his or her I ednLive position in ill Ili(I(Iing
,s process;
t'nnunis- F) ;Uidders shall remain aeony polls and .hall not have access Lo other bidders or
Arloulsns Code 13rvision hills;
ILI
(( ;) 'file governing holy shall have access to real-Lino: data, including all hills and bid
umoun Ls.
( ) The governing body may creat(: by :w additional ordinance reverse Internet. auction
. Muslcm,\LlTllas specilicationA for the anticipated purchase of it specific item (ir purchase.
1-1 )( A) The governing Ludy is authorized Lo pav a re;isunahle fee to the reverse Internet
eicl,ion vendor.
(B ) Fill,(, Ino may bn included ;is part of the bids received during till- NNOIve Internet
auction and paid by Lhc winning hidden ur paid veparaledy hp the governing body.
(L) 'I'hc guccrning holly r(•,lains thu right lo:
( A) lt(Ffosc all bids made during til(, reverse InLernel. ❑ ictiun: and
( 11) Begin the nevose Internet auction process anew if the guvcrning hod) deternlinl-s
it is 111 the flcst. in Le'est u1' the City or' t( w'll.
(d ) Vor purposes of this section:
( U " Itewe.rse Internet. un( tion" noil ns nn Internet-Lased process in which )it 4IcIS
r IA) Are (rhou specihcations fol neons and services heing se ought ". purchasby a
incorporated town, tile uuiVur o
.Isive prover and responsihility' to nmuicip:dity; ;old
(,rials, and other 011119A requisite ( It) Bid against one another in order to luwcr the price of the item or sere ice In Lit('
ss(u;v contract: In. work of. labor lowest p issible lov(,I: eel
shed for Lhc benelit of tilt' cit.)'. ul' (2) " tteverse Internet auction vendor" means an Ifit ernut-hosed entity ( flat, hosts a
it the I it;y. reverse, InLel'llet auction.
r V 1 ^ Arl.a n 198.5, acl ',,!f:7, �� .t; /1 ( Is ut 1995),
the lirsl. (,lass shall pruwid(' Iry Acl.x of 19,79, tlrl .Jr', NS :i, art.+' of LTi N, Axl l:i�. . l; 1
'In not exceed the sauu ill, I.went.v del a' ll, 4 1; .Arts of -'ooi, Axl jug, 4 1, ( (f: /top. L;, ;!(In)l; lFf ox o.1 2005), Arl
Ilog. I_. 1J1105.
secvtld class or incorporated town Formerly A.S.A. I94 ,'. § 19-4-'i a
purchases.
of expcudittlre for any purpose or flistoricll and Btatutury Notes
:0.00(1), Lhe, mayor or the, nutyor's
Ig (lin (.Ise [)If) pose at' colit'luCL hp AI'lUnlsas Code Rot l sio❑ Commission IlroVlYl Le Ila' AI'lwosay O dc I(uwiFinn (]Ipnlllla-
'I'ochnirul shoo{ms wens eedc ill SONG to conl'urin cion.
Ahall he opened and read un the Leith dw ollivial Arkansas* Code of I9.SI as :y,-
:r maven or the mayor's :unhorized
Cross References
jnlative shall have exclusive pow'cr
but tiny re,jeel, any and all bid: b:nl'orremenL of lien for clearaue„ by nlunicipnli-
ie, Acr §
no
9
NORTHWEST ARKANSAS
NEWSPAPERS
Northwest Arkansas Democrat Gazette
The Morning News of Springdale RECEIVED
The Morning News of Rogers DEC 2 9 2009
Northwest Arkansas Times
Benton County Daily Record -
212 North East Avenue, Fayetteville Arkansas 727011 PO Box 1607, 72702
PHONE: 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, 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: City of
Fayetteville —Ordinance 5298
December 24, 2009
Publication Charge : $ 77.82
Signed: !��
Subscribed and sworn to before me
This ,2yday of ��c� nn � , 2009 . -
-
CNA4A p
Notary Public _ � oM .M• EkA s
JARy'
M Commission Expires: Pue� ��r`
Y P /Yf .2 0
Do not pay from Affidavit, an invoice will be sent
ORDINANCE NO. 5298
AN ORDINANCE TO AMEND §34.23 PURCHASES
AND CONTRACTS NOT INO EXCESS OF $20,00000 OFTHEF AIVER OFT CODE IR ENAGTFORBID$ TayeZsEG
TION (F) WAIVER OF THE REOUIREMEI$FOR BID$ tlA NSAS
WHEREAS, the City Council is em ad by.{pj)
State bidding law tA.CA. §ia-58-303 ([oto sat f&dh lea requirements lob)HJrchases and
contracts that rot exceed $20,000 and
WHEREAS,juste$ in the state bidding ) Iff" s$Quld bea general pr3!On in our Code
to expressly allow the City Council to wa AhVitiionrgqQirequiremaq(for cordj)q)itive bidding
or quotations for contracts under $20,OP evCaptlonal situations in 0vbTi bidding is
not feasible m practical.
NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYET-
TEVILLE, ARKANSAS:
Section L That the City Council of the City of Fayetteville. Arkansas hereby amends §34.23
of the Fayetteville Code to enact a new subsection (F) Waiver of the Requirement for Bids
as follows'.
'(F) Waiver of the flegwarnenl for Bids.
Theaty Cppbdf;by ordinance, may waive the requirements of this section for com-
pen ive bidso duottts in exceptional situations where this procedure is deemed not
feasible or praEtigal."
PASSED and APPROVED this 151h day of December; 2009,
APPROVED ATTEST;
LIONELD JORDANrMa'yor SOBDRA; E. SMITH; City ClarkRreasurar
