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Home My WebLink About2015-04-14 - Agendas - Archive Tentaitve Agenda Page 1 of 398 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Meeting Agenda - Tentative Agenda Tuesday, April 14, 2015 4:30 PM City Hall Room 326 City Council Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 Tentaitve Agenda Page 2 of 398 City Council Meeting Agenda-Tentative April 14,2015 Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: A. 1 2014-0501 Approval of the April 7, 2015 City Council meeting minutes. A. 2 2015-0114 2014 ANIMAL SERVICES FOR THE FOURTH QUARTER DONATION REVENUE A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $15,225.00 REPRESENTING DONATION REVENUE TO ANIMAL SERVICES FOR THE FOURTH QUARTER OF 2014 Attachments: 2015-0114 BA-4th Qtr Don Rev 2014 A. 3 2015-0183 BID#15-21 FROST OIL COMPANY A RESOLUTION TO AWARD BID#15-21 AND AUTHORIZE THE PURCHASE OF BULK OILS AND LUBRICANTS FROM FROST OIL COMPANY OF VAN BUREN IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED FOR A TERM OF ONE YEAR FROM THE DATE OF AWARD WITH THE OPTION TO RENEW FOR FOUR ADDITIONAL ONE YEAR TERMS Attachments: SRP 4-21-15 Oils and Lubricants City of Fayetteville,Arkansas Page 2 Printed on 4/9/2015 Tentaitve Agenda Page 3 of 398 City Council Meeting Agenda-Tentative April 14,2015 Agenda A. 4 2015-0176 BID#15-26 CRUSE UNIFORMS & EQUIPMENT,INC. A RESOLUTION TO AWARD BID#15-26 AND AUTHORIZE A ONE YEAR CONTRACT WITH CRUSE UNIFORMS &EQUIPMENT, INC. IN THE AMOUNT OF $15,387.60,WITH FOUR CONSECUTIVE ONE YEAR RENEWAL OPTIONS, FOR THE PURCHASE OF UNIFORMS FOR THE FAYETTEVILLE FIRE DEPARTMENT Attachments: SRF SRM Bid Tab and Bid for New Uniforms A. 5 2015-0169 AMEND RESOLUTION NO. 162-10 LIERLY LANE SUBDIVISION A RESOLUTION TO AMEND RESOLUTION NO. 162-10 TO REVISE THE SITE PLAN FOR THE REMAINDER OF THE LIERLY LANE SUBDIVISION BY REDUCING THE NUMBER OF SINGLE FAMILY LOTS TO TEN AND BY RECONFIGURING THE PUBLIC ACCESS LOCATION TO THE NATURAL PARK AREA Attachments: 15-4895 CC STAFF REPORTS 15-4985 CC RES 15-4985 CC EXHIBITS City Attorney's Memo re Resolution to Amend Res No. 162-10 Res to amend Res No. 162-10 A. 6 2015-0173 CASCO INDUSTRIES, INC. A RESOLUTION TO AUTHORIZE A CONTRACT WITH CASCO INDUSTRIES, INC. FOR THE PURCHASE OF VARIABLE AMOUNTS OF REPLACEMENT BUNKER GEAR FOR THE FAYETTEVILLE FIRE DEPARTMENT FOR THE UNIT PRICES OF $1,165.00 FOR STRUCTURAL FIREFIGHTING PERSONAL PROTECTIVE COATS AND$815.00 FOR STRUCTURAL FIREFIGHTING PERSONAL PROTECTIVE PANTS ON AN AS NEEDED BASIS THROUGH MARCH 9,2018,PURSUANT TO A COOPERATIVE BID PROCESS THROUGH THE CITY OF SPRINGDALE Attachments: SRF SRM Bid Documents New Bunker Gear City of Fayetteville,Arkansas Page 3 Printed on 4/9/2015 Tentaitve Agenda Page 4 of 398 City Council Meeting Agenda-Tentative April 14,2015 Agenda A. 7 2015-0175 ELECTRA LINK,INC. A RESOLUTION TO APPROVE A CONTRACT WITH ELECTRA LINK, INC. THROUGH RFP 13-11 FOR THE PURCHASE AND INSTALLATION OF AN ACCESS CONTROL SYSTEM FOR CITY HALL AND DEVELOPMENT SERVICES IN THE TOTAL AMOUNT OF $69,634.30, TO AUTHORIZE A TEN PERCENT(10%)PROJECT CONTINGENCY IN THE AMOUNT OF $6,963.43,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: SRF SRM PO ref documents-Access Control System Downtown.pdf BA2015 IT Access Control 2015-0175.xlsm A. 8 2015-0185 GARVER,LLC PROFESSIONAL ENGINEERING SERVICES AGREEMENT A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER,LLC FOR ON-CALL ENGINEERING SERVICES FOR THE AIRPORT IN AN AMOUNT NOT TO EXCEED $20,000.00,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: Leg2015185 Garver 042115 BA BUDGET ADJUSTMENT FORM LEGISTAR GaNerLLC A. 9 2015-0184 UNIVERSITY OF ARKANSAS MEMORANDUM OF UNDERSTANDING A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF ARKANSAS FOR PLACEMENT OF A UNIVERSITY OWNED GAS SERVICE LINE WITHIN THE CITY OF FAYETTEVILLE RIGHT OF WAY Attachments: 2015-0184 UA City MOA B. Unfinished Business: City of Fayetteville,Arkansas Page 4 Printed on 4/9/2015 Tentaitve Agenda Page 5 of 398 City Council Meeting Agenda-Tentative April 14,2015 Agenda B. 1 2015-0151 AMEND §33.329 ELIGIBILITY OF CITIZEN VOLUNTEERS AN ORDINANCE TO AMEND §33.329 ELIGIBILITY OF CITIZEN VOLUNTEERS TO SERVE ON CITY BOARDS,COMMISSIONS AND COMMITTEES TO REMOVE THE RESTRICTION ON THE NUMBER OF CONSECUTIVE TERMS A CITIZEN MAY SERVE Attachments: Aqenda Request&33.329 Eligibility of Citizen Volunteers Legislative History 4/7/15 City Council left on first reading At the April 7,2015 City Council meeting this ordinance was left on the First Reading. B. 2 2015-0180 AMEND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES AN ORDINANCE TO AMEND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES OF THE FAYETTEVILLE CODE BY ENACTING A NEW SUBSECTION TO PROHIBIT PARKING ON A CITY STREET IN FRONT OF AND BLOCKING A MAILBOX Attachments: Agenda Request Packet 4 72.03 Parking Prohibited in Certain Places City Attorney Memo 040915 Legislative History 4/7/15 City Council left on first reading At the April 7,2015 City Council meeting this ordinance was left on the First Reading. C. Public Hearing: C. 1 2015-0188 PARK LAKE APARTMENTS ACQUISITION AND RENOVATION A RESOLUTION TO APPROVE THE ISSUANCE OF NOT TO EXCEED $50,000,000.00 OF THE PUBLIC FINANCE AUTHORITY REVENUE BONDS TO FINANCE OR REFINANCE CERTAIN COSTS OF VARIOUS PROJECTS, INCLUDING THE ACQUISITION AND RENOVATION OF THE 91-UNIT PARK LAKE APARTMENTS LOCATED AT 1753 E. ZION ROAD, ON BEHALF OF AMERICAN AGAPE FOUNDATION, INC. OF SAN ANTONIO, TEXAS Attachments: Council Packet for TEFRA bonds at Lake Park apartments TEFRA Approval with Exhibit A D. New Business: City of Fayetteville,Arkansas Page 5 Printed on 4/9/2015 Tentaitve Agenda Page 6 of 398 City Council Meeting Agenda-Tentative April 14,2015 Agenda D. 1 2015-0174 VAC 15-4986(2991 LABORDITE DRIVE/CRYSTAL SPRINGS SUBDIVISION) AN ORDINANCE APPROVING VAC 15-4986 SUBMITTED BY RIVERWOOD HOMES, LLC FOR PROPERTIES LOCATED AT 2991 LABORDITE TO VACATE PORTIONS OF AN EXISTING UTILITY EASEMENT Attachments: 15-4986 CC reports 15-4986 CC ORD 15-4986 CC EX A 15-4986 CC EX B E. City Council Agenda Session Presentations: E. 1 2015-0181 AGENDA SESSION PRESENTATION- SPRING STREET MUNICIPAL PARKING DECK UPDATE,JEREMY PATE, DEVELOPMENTS SERVICES DIRECTOR F. City Council Tour: G. Announcements: H. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville,Arkansas Page 6 Printed on 4/9/2015 Tentaitve Agenda Page 7 of 398 City Council Meeting Agenda-Tentative April 14,2015 Agenda All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant(city contractor, rezoning or development applicant, etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos,petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting.Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided;this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. City of Fayetteville,Arkansas Page 7 Printed on 4/9/2015 Tentaitve Agenda Page 8 of 398 City Council Meeting Agenda-Tentative April 14,2015 Agenda Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W Mountain, Fayetteville, Arkansas. City of Fayetteville,Arkansas Page 8 Printed on 4/9/2015 Tentaitve Agenda City of Fayetteville, Arkansas 113 West Mountain Sage[9 of 398 Fayetteville,AR 72701 - - (479)575-8323 Text File File Number: 2015-0114 Agenda Date:4/21/2015 Version: 1 Status:Agenda Ready In Control: City Council File Type: Resolution Agenda Number:A.2 2014 ANIMAL SERVICES FOR THE FOURTH QUARTER DONATION REVENUE A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $15,225.00 REPRESENTING DONATION REVENUE TO ANIMAL SERVICES FOR THE FOURTH QUARTER OF 2014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville,Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution and made a part hereof, in the amount of $15,225.00 representing donation revenue to Animal Services for the fourth quarter of 2014. Section 2: That the City Council of the City of Fayetteville,Arkansas hereby expresses its sincere appreciation for the donations. City of Fayetteville,Arkansas Page 1 Printed on 4/972015 Tentaitve Agenda Page 10 of 398 City of Fayetteville Staff Review Form 2015-0114 Legistar File ID 4/21/2015 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Justine Lentz 2/24/2015 Animal Services/ Development Services Department Submitted By Submitted Date Division/Department Action Recommendation: Recognize and allocate donation revenue from citizens to the Fayetteville Animal Services program made during the fourth quarter of 2014. Approval of a budget adjustment in the amount of$15,225.00 Budget Impact: 1010.2740.5400.00 General fund Account Number Fund 33048-1 Animal Services Misc. Donations Project Number Project Title Budgeted Item? No Current Budget $ Funds Obligated $ Current Balance "a Does item have a cost? No Item Cost Budget Adjustment Attached? Yes Budget Adjustment $ 15,225.00 Remaining Budget V20140710 Previous Ordinance or Resolution# Original Contract Number: Approval Date: Comments: Staff recommends approval of a budget adjustment in the amount of$15,225.00 Tentaitve Agenda CITY OF Page 11 of 398 T%Ae evi le CITY COUNCIL AGENDA MEMO MOARKANSAS MEETING OF APRIL 21, 2015 TO: Mayor and City Council THRU: Yolanda Fields, Director of Community Resources Jeremy Pate, Director of Development Services FROM: Justine Lentz, Animal Services Superintendent DATE: 3/20/15 SUBJECT: Approval of Budget Adjustment for Animal Services Program RECOMMENDATION: Staff recommends approval of budget adjustment to allocate the Animal Services donation revenue. BACKGROUND: Animal Services would like to recognize donation revenue from citizens and businesses made during the fourth quarter of 2014. These funds are donated by citizens and organizations to benefit the animals cared for by the Animal Services program. DISCUSSION: BUDGET/STAFF IMPACT: Recognize animal shelter donations in the amount of$15,225 Attachments: Budget adjustment Mailing Address: 113 W.Mountain Street www.fayetteville-argov Fayetteville, AR 72701 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Tentaitve Agenda Budget Year Division: Animal Services Adjustment Number 2015 Dept.: Development Services Requestor: Justine Lentz BUDGET ADJUSTMENT DESCRIPTION /JUSTIFICATION: Recognize and allocation donation revenue from citizens made the Animal Services program during the fourth quarter of 2014. COUNCILDATE 3/17/2015 LEG ISFAR FILE ID#: 2015-0114 3arbCwC4're& 3/20/2015 3:02 PM Budget Director Date TYPE DESC HPTO N: G LDATE RESOLUTION/ORDINANCE POSRB7: TOTAL 15,225 15,225 x.20150102 Increase / (Decrease) Proiect.Rib# Account Number Expense Fevenue Project Sib AT Account Name 1010.0001.4999.97 15,225 RE Use of Prior Fund Balance 1010.2740.5400.00 15,225 - 33048 1 EX Building&Grounds Maintenance C:\Pnograrn Files\Granicus\Legistar5\Packet\042115 Agenda\0002_2_@4-4th Qtr Don Rev 2014 1 of 1 Tentaitve Agenda City of Fayetteville, Arkansas 113 West MountaiF3Uftl3 of 398 Fayetteville,AR 72701 - - (479)575-8323 Text File File Number: 2015-0183 Agenda Date:4/21/2015 Version: 1 Status:Agenda Ready In Control: City Council File Type: Resolution Agenda Number:A. 3 BID#15-21 FROST OIL COMPANY A RESOLUTION TO AWARD BID#15-21 AND AUTHORIZE THE PURCHASE OF BULK OILS AND LUBRICANTS FROM FROST OIL COMPANY OF VAN BUREN IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED FOR A TERM OF ONE YEAR FROM THE DATE OF AWARD WITH THE OPTION TO RENEW FOR FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville,Arkansas hereby awards Bid#15-21 and authorizes the purchase of bulk oils and lubricants from Frost Oil Company of Van Buren in variable amounts and for varying unit prices as needed for a term of one year from the date of award with the option to renew for four additional one-year terms. City of Fayetteville,Arkansas Page 1 Printed on 4/972015 Tentaitve Agenda Page 14 of 398 City of Fayetteville Staff Review Form 2015-0183 Legistar File ID 4/21/201.5 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Jesse Beeks/Sara Glenn/Barbara Olsen 4/2/2015 Transportation Services/ Transportation Services Department Submitted By Submitted Date Division/ Department Action Recommendation: A Resolution to authorize the purchase of bulk oils and lubricants from the Frost Oil Company of Van Buren for use by the Fleet Department. Budget Impact: 9700.1910.5214.02 Shop Fund Account Number Fund Project Number Project Title Budgeted Item? Yes Current Budget $ 55,000.00 Funds Obligated $ 8,664.00 Current Balance _ r 46,3:L010, Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget bw 46,336-,",. V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: The "item cost" has been left blank because theses items will vary depending upon the Fleet's fluctuating needs based on services needed and other variable factors. CITY OF Tentaitve Agenda pp pIle Page 15 of 398 Tay 4 t� CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF APRIL 21, 2015 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Jesse Beeks, Fleet Operations Superintendent DATE: April 2, 2015 SUBJECT: Purchase bulk Oils and Lubricants for Fleet department RECOMMENDATION: That City Council approve the purchase of bulk Oils and Lubricants from Frost Oil Company of Van Buren, AR for use by the Fleet Department. BACKGROUND: Fleet had a previous bid from 2009 that they have been using, it is now expired. The Oils and Lubricants were re-bid out on Bid 15-21 to update prices. DISCUSSION: Fleet orders bulk fluids as needed to services the City's vehicles. This contract shall be for a term of one year from date of award and may be extended for four (4) additional one year terms upon mutual agreement of the City and the vendor. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted for this purchase. Attachments: Bid Tab Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF City of Fayettevii le,Arkansas s Purchasing DrelSon Tentaitve Agenda �� j r� OFFICIAL BID TABULATION Page 16 of 398 Y Bid 15-21,Oilsand Lubricants l ARKANSAS Tueda'r.MarcF 21,20:5 defo,e 2ao pld,Lpcal Time tz[h'{ ; .!)•k F3p.5 F .+•9 .1¢f^- Frost Oil CompanyOEM f'EM DESCRIPTION Eatcay Joe a PRICE PER TOTAL PRICE PER TGTAL UNIT UNIT Gatti a Sed,Pe Eupir, Or API Service Class SM, 1A SAE Grade StaMGF4 655 OP.lon Bulk) NraMIC d calreaGim,D us sW30 soiine Servic¢Engme Oil API Service Cieas SH, 1B SAE Grade 5W-30 GFA B9 Quaa S 3.830 Ir 264.27 z $ BrantllGraOe:CmaIaVGF-S Dex.^.a SW.:C Diesel Senlce E-raPl G.I.API Seniee C!Err CJd.Elsa 2A Grade 15W 40 1,375 Galion r § 6.730 S 1200375 x • S BmvE/Ow0¢Cepn/C�arP C5oC t5wco (Bulk) - iaael Semjce Engine OII.API Semce Class 674 SAE -- 28 Grade lair 389 Dust x 5 2,950 S 1.147.55 x s _ BIdMJIGrdtle:Qfla'.Cun CII Sal 3A AWr,ydrauFCOil,GOGrade 68AW Gnilen I. 2,445 (Bu1L; x $ 4,960 =�a 12.127,20 . _ $ [iranJlGraGe:0.^m%LECO.IA W 6H Tried,H9dusefin R." i IA LD 5 Galen x(S 38470 =i S 192350 x $ (dranelGnrle D^.nl%l. r'o Hye'T"T Aummelll Turesn iasbnFlVid 5yntneUraICM 55 Galen SA d Drum x j 6 462BO) :I,S 1.93128 I S 9ranWGratlf:Cedaral!rlulll-Venicic$yn91e P.TF .4;!mads TomPrujded, IMW-Synul Blend 50 - 37 Guam r 5 3.400 al S 125C' BraM!GraOf:Cras;a'4MVINVenlcle S}TftIO AfF � �^u - Autpmatic Transmission FMd.TranSync Or Epuai 55 Gallon 6A Drum > S 1414.690 = S 2.828:19 r S 9randlGratle:S^pllfSpLm M ATF 8295 68 Automal T,anemiaslan Fluid-TurmOynd or Equal 5 Ga!Icn x 5 a9 d5U = 1 14225 a S BrerrOlGraee:b^etl:S(.tirax S6 AYF 8295 Mulb-purpose Gear 1"ClIent.-Grade 75W.90 IA Symnetn for Auto and LaroTpack DVlemrnmis 4 563a0on x S 1.145000 e S 4.580.OD x + S Bra M/Gratle:CTalurHO byn 1` Drum lM9C Milit-PUTOm Gear!uh:icant-Grade 75W'-90 ]8 SypceLc for Auto aed Large Truck Di=iemmire, 6 120 Pound _ 351 SCp $ 1,15900 x g Rranalluee:C:IYGOMD Syn lags, D'em MWQ,bPurpoae Grease-Uth ere E-92 120 Paund SA 5 Drum x S 296500 = 5 1492.50 x S - BreMlGratle:MysAkIJTb IyTcnP GI SB Multi-Purpose Green, Lithium EPa2 1?evnd : § 105 Catld x $ 2,461 S 67970 + BranelOrade:Myx4k!!'fi F!LTam{I Or d9e 9A Well T;ansmisslor Olt Sample Analysl5 200 EA x 5 Sidon 5 1400,00 a + 4 99 Hydmellc OR Sample Analysis 200 EA x § 95W S 1900.00 + $ 9C Differential Sample Aralysis 400 EA a. S 9.570 1 3.800.00 z = g - 10A Engine Oil Sample Analysis SW.3U Gila 300 EA a 5 9.500 S 2,65000 x $ 108 Engine Cil Sample.Anaiya51dial 011 600 LT a S 0950 G]0 OD x $ Dse EF UREGaet C,ro lRuj) Gallop 118 3.x00 r 5 1830 $ 5.0,1500 x = $ (Bos) Brane/Gruda:Air lFmst-Sep¢r$'DEF-'Nl•JF.Gbtial AP, 01 Antifreeze,Summer Slend tt8 BOC Gauoe x 3 0.]45 = S 59560 z - 6mern.nea:Air- (Bulk) - FCS-SurR'S'OEFllJytF{llanal AFM DAI Anreme:¢Wlmar leard 11C :,90 Gator .+ $ 1,901 $ 710.40 x = g Brantl!Grade:A... lola$:l H-S!IJFI.1,V1f-Gbeal All (Bulk) 110Garton i,'sD0 (3uikj ' $ 5.980 = A 7,774 01 x Brantl!Gmde Air b g;F Frpaoer 3iDEG W'Y.0.GIPUa''.ADD TOTAL BASE BID(items 111I ) § ]1 W063 § Additional Items 12 55 Galion Dorm Deposit(Refram i 1 EAx 5 - _ 138 G4Sell,la B¢Invw.snlppv:a nclueetl 1100 E.A x S 9.SUC 138 Cil Sam pie Bollles,SCimin,NO l incblded 690 1 FA x 5 C950 'NOrl ed award is coniinoent Upon vendormeeting minimum Speci6catlena and formal authcoCrIOn by City Of9cjals. CERTIFIED: P.V`ee,Furchannq Mena9er, WMess Cape Tentaitve Agenda City of Fayetteville, Arkansas 113 West MountaiF3Uftl7 of 398 Fayetteville,AR 72701 - - (479)575-8323 Text File File Number: 2015-0176 Agenda Date:4/21/2015 Version: 1 Status:Agenda Ready In Control: City Council File Type: Resolution Agenda Number:A.4 BID#15-26 CRUSE UNIFORMS & EQUIPMENT,INC. A RESOLUTION TO AWARD BID#15-26 AND AUTHORIZE A ONE YEAR CONTRACT WITH CRUSE UNIFORMS & EQUIPMENT, INC. IN THE AMOUNT OF $15,387.60, WITH FOUR CONSECUTIVE ONE YEAR RENEWAL OPTIONS, FOR THE PURCHASE OF UNIFORMS FOR THE FAYETTEVILLE FIRE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section ]. That the City Council of the City of Fayetteville,Arkansas hereby awards Bid 915-26 and authorizes a contract with Cruse Uniforms&Equipment, Inc. in the amount of$15,387.60,with four consecutive one year renewal options, for the purchase of uniforms for the Fayetteville Fire Department. City of Fayetteville,Arkansas Page 1 Printed on 4/972015 Tentaitve Agenda Page 18 of 398 City of Fayetteville Staff Review Form 2015-0176 Legistar File ID 4/21/2015 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item David Dayringer 3/26/2015 Fire/ Fire Department Submitted By Submitted Date Division/ Department Action Recommendation: A resolution awarding Bid 15-26, Fire Department Uniforms, to and approving a one-year purchase agreement with Cruse Uniforms and Equipment, Inc., with the option to renew for four consecutive one-year terms,for the purchase of uniforms for the Fayetteville Fire Department. Budget Impact: 1010.3020.5302.00 General Account Number Fund Project Number Project Title Budgeted Item? Yes Current Budget $ 58,500.00 Funds Obligated $ 8,089.32 Current Balance $ 50,410.68 Does item have a cost? Yes Item Cost $ 15,387.60 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 35,023.08 , V20140610 Previous Ordinance or Resolution# Original Contract Number: Approval Date: Comments: Tentaitve Agenda CITY OF Page 19 of 398 aTye eve le CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF APRIL 21, 2015 TO: Mayor and City Council FROM: David Dayringer, Fire Chief DATE: March 26, 2015 / SUBJECT: A resolution awarding Bid 15-26, Fire Department Uniforms, to and approving a one-year purchase agreement with Cruse Uniforms and Equipment, Inc., with the option to renew for four consecutive one-year terms, for the purchase of uniforms for the Fayetteville Fire Department. RECOMMENDATION: Staff recommends a resolution awarding Bid 15-26, Fire Department Uniforms, to and approving a one-year purchase agreement with Cruse Uniforms and Equipment, Inc., with the option to renew for four consecutive one-year terms, for the purchase of uniforms for the Fayetteville Fire Department. The Fire Department has utilized Cruse Uniforms & Equipment, Inc. since 2004 and has been satisfied with the products and services provided by this company. Cruse Uniforms & Equipment, Inc. is familiar with City purchasing policies and payment procedures. BACKGROUND: The City of Fayetteville Fire Department currently utilizes a quartermaster uniform system. Under this system, the City provides uniforms for Fire Department personnel which are replaced as they become worn or otherwise unusable. DISCUSSION: Sealed formal bids for the purchase of the following uniform items were publicly read and the results are attached to this memo. • Short Sleeve Dress • Dress Uniform • Short Sleeve Shirts Shirts Coats • Dress Hats • Long Sleeve Dress • Dress Uniform Ties • Long Sleeve Shirts Shirts • Uniform Pants • Uniform Belts • Dress Uniform • Cuff Striping • Firefighter Work Pants • Shorts Shirts • Dress Trousers - • Service Maltese Day Cross BUDGET/STAFF IMPACT: Funds for the purchase of uniforms for Fire Department personnel are budgeted each year in the department's Annual Budget&Work Program. ATTACHMENTS: Bid Documents Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF City of Fayetteville,Arkansas Purchasing Division aye reC llc OFFICIAL BID TABULATION Tenage2Agenda 1 Page 20 of 398 Bid 15-26,Fire Department Uniforms Wednesday,March 25,2015 before 2'.00 PM,Local Time Cruse Uniforms and Equipment Inc fl F li ITEM DESCRIPTION Est City Unit PRICE PER TOTAL UNIT 1 Short Sleeve Dress Shin-Men's 12 EA x If 40,00 = $ 480.00 MFGIModel:Flying Crmaig5livai 2 Short Sleeve Dress Shin-Latlies 5 EA x $ 40.00 - $ 20000 MFGIModel:Flying Cross/152R6600 3 Long Sleeve Dress Shirt Men's 35 EA x $ 45.00 - $ 1,57500 MFGIModel:Flying Cmvs145W6606 Lang Sleeve Dress Shin-Ladies 0 5 EA x $ 45.00 - $ 225.110 ,MFG/Model.Flying Crosstl02W6600 Dress Uniform Pant-Men's 5 10 EA x $ 8906 = $ 890.60 MFGIModel:Flying Cro5L26Pa696 Dress Unihord Pant-Ladies 6 5 EA x $ 89.06 a $ 445,30 MFGIModel:Flying Cm sI48005 Dress Uniform Skirl-Ladies 7 5 EA x 8 99.06 - $ 495.30 MFGIModel:Flying Cros,141 8 Dress Uniform Coat-Mens 10 EA x $ 283,00 = $ 2,630.00 MFGIModel:Flying Crosslt7B6696C Dress Uniform Coal-Ladies 9 5 EA x $ 292 00 - $ 1,460.00 MFG/Model:Flying Cros514900SOC 10 Dress Trouser-Day-Ladies 5 EA x $ 3800 - $ 19000 MFG/Model:ElbecolE9e20L Clip on Tie 11 10 EA x $ 550 $ 5500 MFGIModel:90010190043 Tradition Tie 12 10 EA x $ 7.50 - $ 75.00 MFOIModeI:45135 13 Dress Hal 10 EA x $ 67.50 = $ 675.00 MFGIModel:R-13WIR 130LK Uniform asp 14 50 EA x $ 2200 $ 1,100.00 MFGIModel:P1511U Uniform Pant 15 20 EA x $ 26.00 = $ 520.00 MFGIModel:PrepperIF520138405 Uniform Short 16 40 EA x $ 20.00 $ 800.00 MFGIModel:PropDedF526139405 Short Sleeve Uniform Shirt 17 20 EA x $ 24.00 •• $ 48000 MFGIModel PropDedIS30138405 Long Sleeve Uniform Shirt 18 20 EA x $ 2600 $ 520-00 MFGIModel:ProDperd'530238W5 FlreOghler Long Sleeve Work Shirt 19 50 EA x $ 38.00 $ 1,90000 MFGIModek 10070 9575-01 Dress Trousers-Day-Men's 20 10 EA x $ 47.14 = If 471 40 MFGIModel:511 TapliceP74338-Black TOTAL BASE BID(Items 1-20f $ 15,387.60 'NOTICE:Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City ofcials CERTIFIED: '{ P.Vice,Purchasing Manager WI[ as Tentaitve Agenda Page 21 of 398 CITY OF City of Fayetteville, Arkansas Purchasing Division —Room 306 Tay e elie 113 W Mountain 01 Fayetteville, AR 72701 Phone: 479.575.8220 ARKANSAS TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 15-26, Fire Department Uniforms DEADLINE: Wednesday, March 25, 2015 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPD, CPPB, aforen@fayetteville-ar.eov DATE OF ISSUE AND ADVERTISEMENT: Wednesday, March 04, 2015 INVITATION TO BID Bid 15-26 Fire Department Uniforms No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: CRUSE UNIFORMS AND EQUIPMENT, INC Contact Person: STEPHANIE DOTTS Title: STORE MANAGER E-Mail: stephanie@cruseuiforms.com Phone: 479-756-8182 Business Address: 5320 W SUNSET AVE STE 184 City: SPRINGDALE State: ARKANSAS Zip: 72762 Signature: Date: 03/24/2015 City of Fayetteville,AR Bid 15-26,Fire Department Uniforms Bidder Name: CRUSE UNIFORMS Page 1 of 22 Tentaitve Agenda Page 22 of 398 City of Fayetteville Bid 15-26, Fire Department Uniforms Bid Form DATE REQUIRED AS A COMPLETE UNIT: Delivery,shall be made within 45 calendar days from date of received Purchase Order. F.O.B.City of Fayetteville, Central Fire Station,303 W Center Street, Fayetteville,AR 72701 GUARANTEED DELIVERY DATE: 14 -45 DAYS OF PO DATE *Note: All quantities listed are estimates only. The City reserves the right to deviate from quantities listed herein. Short Sleeve Dress Shirt—Men's 12 $ 40.00 $ 480.00 MFG/MODEL FLYING CROSS195R6600 Short Sleeve Dress Shirt—Ladies 5 $ 40.00 $ 200.00 MFG/MODEL FLYING CROSS/152R6600 Long Sleeve Dress Shirt—Men's 35 $ 45.00 $ 1575.00 MFG/MODEL FLYING CROSS/45W6600 Long Sleeve Dress Shirt—Ladies 5 $ 45.00 $ 225.00 MFG/MODEL FLYING CROSS/102W6600 Dress Uniform Pant—Men's 10 $ 89.06 $, 890.6 MFG/MODEL FLYING CROSS/28P8696 Dress Uniform Pant—Ladies 5 $ 89.06 $ 445.30 MFG/MODEL FLYING CROSS/4800S Dress Uniform Skirt—Ladies 5 $ 99.06 $ 495.30 MFG/MODEL FLYING CROSS/4800SK BID FORM CONTINUES ON NEXT PAGE City of Fayetteville,AR Bid 15-26,Fire Department Uniforms Bidder Name: CRUSE UNIFORMS Page 2 of 22 Tentaitve Agenda Page 23 of 398 Dress Uniform Coat—Men's 10 $ 283.00 $ 2830.00 MFG/MODEL FI_YINC, CROSS/1768696C Dress Uniform Coat—Ladies 5 $ 292.00 $ 1460.00 MFG/MODEL FLYING CROSS/4800SDC t Dress Trouser—Day—Ladies 5 $ 38.00 $ 190.00 MFG/MODEL ELBECOIE9820L Clip—On Tie SAMUELBROOME 10 $ 5.50 $ 55.00 MFG/MODEL 9Q010/90043 Traditional Tie SAMUELBROOME 10 $ 7.50 $ 75.00 MFG/MODEL 45135 Dress Hat KEYSTONE CAPS 10 $ 67.50 $ 675.00 MFG/MODEL R-13W/R-13BLK Uniform BeR PREMIER EMBLEM 50 $ 22.00 $ 1100.00 MFG/MODEL P1511U Uniform Pant 20 $ 26.00 $ 520.00 MFG/MODEL PROPPER/F520138405 BID FORM CONTINUES ON NEXT PAGE Bidder Name: CRUSE UNIFORMS City of Fayetteville,AR Bid 15-26, Fire Department Uniforms Page 3 of 22 Tentaitve Agenda Page 24 of 398 Uniform Short 40 $ 20.00 $ 800.00 MFG/MODEL PROPPFR/F526138405 Short Sleeve Uniform Shirt 20 $ 24.00 $ 480.00 MFG/MODEL PROPPER/F530138405 Long Sleeve Uniform Shirt 20 $ 26.00 $ 520-00 MFG/MODEL PROPPER/F530238405 Firefighter Long Sleeve Work Shirt 50 $38.00 $ 1900.00 UNIONLINE/GREYBEAR MFG/MODEL 10 07 0-96 7 5-0 1 Dress Trousers—Day-Men's 10 $ 47.14 $ 471.40 MFG/MODEL5.11 TACTICAU74338-BLACK TOTAL BASE BID: $ 15,387.60 Bids shall be submitted on this bid form in its entiretV AND accompanied by descriptive literature on the products being bid. The City intends on awarding this bid to a single vendor. BID FORM CONTINUES ON NEXT PAGE City of Fayetteville,Art Bidder Name: CRUSE UNIFORMS Bid 15-26, Fire Department Uniforms Page 4 of 22 Tentaitve Agenda Page 25 of 398 EXECUTION OF BID- Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of Item bid differ from provided literature,deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid,the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions,and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery,documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non-Discrimination requirements and conditions of employment in addition to all federal,state,and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose If a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists,this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. XX 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS(Please explain): 7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration(OSHA)Part 1926—Subpart P—Excavations. 8. As A bidder on this project,you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville,AR Bidder Name: CRUSE UNIFORMS Bid 15-26, Fire Department Uniforms Page 5 of 22 Tentaitve Agenda Page 26 of 398 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: CRUSE UNIFORMS AND EQUIPMENT, INC Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name CRUSE UNIFORMS AND EQUIPMENT INC *BUSINESS ADDRESS: 5320 W. SUNSET AVE. STE. 184 *CITY: SPRINGDALE *STATE: ARKANSAS *ZIP: 72762 *PHONE: 479-756-8182 FAX: 479-756-1225 *E-MAIL: stephanie(ftruseuniforms.com *BY:(PRINTED NAME) STEPHANIE DOTTS *AUTHORIZED SIGNATURE: *TITLE: STORE MANAGER *DUNS NUMBER: 16-091-0605 CAGE NUMBER: 1UEJ0 *TAX ID NUMBER: 58-253-1375 Acknowledge Addendums: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville,AR Bid 15-26,Fire Department Uniforms Page 6 of 22 Tentaitve Agenda Page 27 of 398 City of Fayetteville Bid 15-26, Fire Department Uniforms General Terms and Conditions 1. SUBMISSION OF BID&BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid RFP or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have adequate experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none,or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: City of Fayetteville,AR Bid 15-26,Fire Department Uniforms Page 7 of 22 Tentaitve Agenda Page 28 of 398 In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information,or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received,or for any other effort required of,or made by,the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Andrea Foren, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidders judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. 9. LOCAL,STATE,AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises(DBE), &OSHA as applicable to this contract. City of Fayetteville,AR Bid 15-26,Fire Department Uniforms Page 8 of 22 Tentaitve Agenda Page 29 of 398 b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies,departments,municipalities,and counties,the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion,fraud,or otherwise illegal action." 12. RIGHT TO AUDIT,FOIA,AND 1URISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14.VARIANCE FROM STANDARD TERMS&CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15.ADA REQUIREMENT FOR PUBLIC NOTICES&TRANSLATION: City of Fayetteville,AR Bid 15-26, Fire Department Uniforms Page 9 of 22 Tentaitve Agenda Page 30 of 398 Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf). not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing I Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City 19.ASSIGNMENT SUBCONTRACTING,CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work,the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon City of Fayetteville,AR Bid 15-26,Fire Department Uniforms Page 10 of 22