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2030 ORDINANCE NO. oZ030 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE AND INSTALLATION OF A 40 KW GENERATOR AND A 125 AMP AUTOMATIC TRANSFER SWITCH AND ACCESSORIES FOR THE WEST MEMPHIS POLICE DEPARTMENT, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, Arkansas Code Annotated Section 14-58-303 authorizes the waiving of competitive bidding in exceptional situations where competitive bidding is deemed not feasible or practical; and WHEREAS, the West Memphis Police Department is in need of acquiring a 40 kW generator and a 12S amp automatic transfer switch and accessories to provide an emergency power system for the Police Department; and WHEREAS, the City Council determines that competitive bidding should be waived for the reason that the emergency power system to be purchased is a product of the only single source supplier of power generation equipment which manufactures the engine, generator, controls and automatic transfer switch for system compatibility and parts and service support and competitive bidding under such circumstances would not ,be feasible or practical; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS THAT: SECTION 1. Competitive bidding is hereby waived for the purchase and installation of a 40 kW Cummins generator, mode140DGBC, and a 125 amp automatic transfer switch, model Onan/Cummins 1250TPC, and necessary accessories, for a total cost of $26,373.00 to provide an emergency power system for the West Memphis Police Department. These items to be purchased from Cummins Mid-South, LLC. SECTION 2. EMERGENCY CLAUSE It having been found and determined by the City Council of the City of West Memphis, Arkansas, that there is an urgent need by the West Memphis Police Department to purchase the 40 kW Cummins generator, mode140DGBC, and a l25 amp automatic transfer switch, model Onan/Cummins 1250TPC, and necessary accessories, in order that the communications center can be located in the of West Memphis and to utilize the special pricing time period, an emergency is hereby declared to exist, and this Ordinance being necessary for the preservation of the public peace, health, safety and welfare of the citizens of West Memphis, Arkansas, shall be in full force and effect from and after the date of its passage and approval. SECTION 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this 6fi~ day of ~yNty , 2002. ~~~ ~ ti--- WILLIAM H. JO SON, MAYOR ATTEST: PHILLIP P .LERK SPONSORED BY: ,~ Ordinance No. Page Two