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21916I 2 ORDINANCE NO. 21,916 3 AN ORDINANCE TO DECLARE IT IMPRACTICAL AND UNFEASIBLE 4 TO BID; TO THE CITY MANAGER TO ENTER INTO AN AGREEMENT 5 WITH THE ARKANSAS MUNICIPAL LEAGUE, IN AN AMOUNT NOT 6 TO EXCEED FOUR HUNDRED TWENTY-SEVEN THOUSAND, SEVEN 7 HUNDRED TWENTY-EIGHT AND 04/100 DOLLARS ($427,728.04), FOR 8 PARTICIPATION BY THE CITY OF LITTLE ROCK, ARKANSAS, IN AN 9 INSURANCE POOL ADMINISTERED BY THE ARKANSAS MUNICIPAL 10 LEAGUE FOR CERTAIN LITIGATION COSTS, EXPENSES AND 11 COVERAGE, TO DECLARE AN EMERGENCY; AND FOR OTHER 12 PURPOSES. 13 14 WHEREAS, the City of Little Rock, Arkansas, or its employees, are frequently named as defendants 15 in cases brought pursuant to Federal or State Civil Rights Acts, and there is a cost involved with the defense 16 of these matters as well as a potential liability should the City, or the employee, be found liable; and, 17 WHEREAS, instead of the purchase of an annual insurance policy, the City has participated in an 18 insurance pool of various local governments known as Municipal League Defense Program, which is 19 administered through the Arkansas Municipal League; and, 20 WHEREAS, it is time to participate in the pool as provided by the formula adopted by the Arkansas 21 Municipal League for the year 2021; and, 22 WHEREAS, current coverage for the City ends on December 31, 2020, and it is important to have this 23 insurance in place on January 1, 2021. 24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 25 OF LITTLE ROCK, ARKANSAS: 26 Section 1. The City Manager is authorized to enter into an agreement with the Arkansas Municipal 27 League for participation by the City of Little Rock in the Municipal League Defense Program for the year 28 2021 in an amount not to exceed Four Hundred Twenty -Seven Thousand, Seven Hundred Twenty -Eight 29 and 04/100 Dollars ($427,728.04). 30 Section 2. Because this is an insurance pool and not liability insurance, and the agreement with the 31 Arkansas Municipal League enables the City to provide its own legal counsel for the litigation of these 32 matters, the Board of Directors finds that it is impractical and unfeasible to bid for such an agreement. 33 Section 3. Funds for this agreement are available in Account No. 100000-63630. IPage 1 of 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 4. Severability. I n the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. Section 5. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this resolution are hereby repealed to -the extent of such inconsistency. Section 6. Emergency Clause. The ability to have such coverage in place at all times is essential to the public health, safety, and welfare, and therefore, an emergency is declared to exist and this ordinance shall be in full force and effect upon its passage so there is no questions that the City, is apart of this pool on January 1, 2021. PASSED: November 2, 2020 'ity Clerk TO LEGAL FORM: Thomas M. Carpenter, Citf Attorney // // // // // // // // // // // // // // APPROVED: Frank Scott. Jr., Ma [Page 2 of 21