21028 1 ORDINANCE NO. 21,028
2
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE § 2-
4 242(a) (1988) TO DECLARE THAT CERTAIN COMMODITIES DO NOT
5 HAVE TO BE THE SUBJECT OF COMPETITIVE BIDDING; TO
6 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
7
8 WHEREAS, State Law does not require competitive bidding for commodities for resale such as food,
9 and items to be sold in gift shops at state facilities;and,
10 WHEREAS,a city with a Management Form of Government is required by Ark.Code Ann. § 14-47-
11 138 (a)(West 2004),to set the amount at which competitive bids for goods, services, and other purchases
12 is required and the Board of Directors has set that amount at Twenty-Five Thousand Dollars($25,000.00)
13 in Little Rock,Ark., Rev. Code § 2-242(a)(1988); and,
14 WHEREAS, it is appropriate to modify this ordinance to deal with the exclusion of competitive bids
15 for commodities for resale as food, use to feed City animals,or as gifts, at various City facilities;
16 NOW, THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
17 OF LITTLE ROCK,ARKANSAS:
18 Section 1. Little Rock, Ark.,Rev. Code § 2-242 (a)(1988) is hereby amended to read as follows:
19 (a) (1) Where the amount of expenditure for any purchase or contract authorized
20 in Section 2-241 exceeds Twenty-Five Thousand Dollars($25,000.00)or more,
21 the City Manager, or his authorized agent, shall invite competitive bidding
22 thereon by legal advertisement published one (1) time in any local daily
23 newspaper;bids received pursuant to the advertisement shall be opened not less
24 than seven (7) days, nor more than thirty (30) days following the date of
25 invitation to bid.In the event the lowest responsible and responsive bid is Fifty
26 Thousand Dollars($50,000.00)or more,the City Manager shall transmit to the
27 Board of Directions all bids received thereon and the board of directors, with
28 the approval of the City Manager,by resolution duly passed,shall authorize the
29 purchase or contract to the lowest responsible and responsive bidder,unless the
30 contract is subject to Section 2-243; provided, however, the City Manager or
31 Board of Directors may reject any and all bids.
32 (2) This requirement for competitive bids does not apply to commodities that are
33 purchased solely for resale at city facilities;for purposes of this Subsection(2),
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1 commodities means perishable foodstuffs for immediate use, unprocessed feed
2 for livestock, poultry, or animals at the Zoo, or items purchased on the open
3 market without modification for resale at a gift shop, pro shop, or similar
4 facility, operated by the City.
5 Section 2. Repealer. All laws, ordinances, resolutions, or parts of the same,that are inconsistent with
6 the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
7 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
8 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
9 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
10 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
11 resolution.
12 Section 4. Emergency Clause. It is essential to the public health, safety, and welfare that the City be
13 consistent in its policy that deals with the purchase of certain commodities mainly for use by the Parks &
14 Recreation Department, and the Department of the Little Rock Zoo; an emergency is, therefore, declared
15 to exist and this ordinance shall be in full force and effect from and after the date of its passage.
16 PASSED: April 21,2015
17 APPROVED.
18A . / /
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20 an'.a ey, City Clerk Mark Stodola,'lGlayor
21 AP' 'O AS TO LEGAL FORM:
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23 144311- "n
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24 Thomas M. Carpenter, ity At ney
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