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21053 r 1 ORDINANCE NO. 21,053 2 3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE § 2- 4 242(a) (1988) TO DECLARE THAT CERTAIN ADVERTISING SERVICES 5 DO NOT HAVE TO BE THE SUBJECT OF COMPETITIVE BIDDING; TO 6 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 7 8 WHEREAS,Arkansas State Law does not require that State Agencies utilize competitive bidding for 9 advertising in newspapers, periodicals, and related publications or on television, radio, billboards, and 10 electronic media; and, 11 WHEREAS,a city with a Management Form of Government is required by Ark.Code Ann. § 14-47- 12 138(a)(West 2015)to set the amount at which competitive bids for goods, services, and other purchases is 13 required,and the Board of Directors has set that amount at Twenty-Five Thousand Dollars($25,000.00)in 14 Little Rock,Ark., Rev. Code § 2-242(a)(1988);and, 15 WHEREAS, it is appropriate to modify this ordinance to deal with the exclusion of competitive bids 16 for advertising services for events and promotions sponsored by the City of Little Rock. 17 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 18 OF LITTLE ROCK,ARKANSAS: 19 Section 1. Little Rock, Ark.,Rev. Code § 2-242(a)(1988) is hereby amended to read as follows: 20 (a) (1)Where the amount of expenditure for any purchase or contract authorized in 21 Section 2-241 exceeds Twenty-Five Thousand Dollars ($25,000.00) or more, 22 the City Manager, or his authorized agent, shall invite competitive bidding 23 thereon by legal advertisement published one (1)-time in any local daily 24 newspaper; bids received pursuant to the advertisement shall be opened not less 25 than seven ( ) y 7 days, nor more than thirty (30) days following the date of 26 invitation to bid. In the event the lowest responsible and responsive bid is Fifty 27 Thousand Dollars($50,000.00)or more,the City Manager shall transmit to the 28 Board of Directors all bids received thereon and the Board of Directors,with the 29 approval of the City Manager, by resolution duly passed shall authorize the 30 purchase or contract to the lowest responsible and responsive bidder, unless the 31 contract is subject to Section 2-243; provided, however, the City Manager or 32 Board of Directors may reject any and all bids. Page 1 of 2 1 (b) This requirement for competitive bids does not apply to commodities that are 2 purchased solely for resale at city facilities; for purposes of this Subsection(2), 3 commodities means perishable foodstuffs for immediate use, unprocessed feed 4 for livestock, poultry, or animals at the Little Rock Zoo, or items purchased on 5 the open market without modification for resale at a gift shop, pro shop, or 6 similar facility,operated by the City. 7 (c) This requirement for competitive bids does not apply to advertising services for 8 events and promotions sponsored by the City of Little Rock;for purposes of this 9 Subsection (3), advertising services means advertising in newspapers, 10 periodicals, and related publications and advertising on television, radio, 11 billboards,and electronic media. 12 Section 2.Repealer. All laws, ordinances,resolutions,or parts of the same,that are inconsistent with 13 the provisions of this ordinance,are hereby repealed to the extent of such inconsistency. 14 Section 3. Severability. In the event any title, section, paragraphs, item, sentence, clause, phrase, or 15 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 16 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and 17 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 18 ordinance. 19 Section 4. Emergency Clause. It is essential to the public health, safety, and welfare that the City be 20 consistent in its policy that deals with the purchase of advertising for the benefit of the Little Rock Zoo and 21 the Parks and Recreation Department;an emergency is,therefore,declared to exist and this ordinance shall 22 be in full force and effect from and after the date of its passage. 23 PASSED: June 2,2015 24 ATTEST: APPROV_51:: 25 114I` 0 26 �' 27 S'usa La _ ey,City Clerk nce Hines,Vice-Mayor 28 APP O t► AS TO LEGAL FORM: 29 /I / 30 31 Thomas M. Carpenter,City Attor P 32 // 33 // 34 /I 35 // [Page 2 of 21