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ORDINANCE N0. 19601
AN ORDINANCE TO AMEND LITTLE ROCK, REV. CODE § 2 -191 (1988) TO PROVIDE
FOR EXCEPTIONS TO THE REQUIREMENT THAT BANKING SERVICES BE COMPETI-
TIVELY BID EVERY TWO YEARS; TO DECLARE AN EMERGENCY; AND FOR OTHER PUR-
POSES.
WHEREAS, in Little Rock, Ark., Rev. Code § 2 -191 (1988) the Board of Directors provided
that banking services for the City would be placed for competitive bidding every two years, and
WHEREAS, 2006 would be the time to bid for these services for a contract to start on January
1, 2007, and
WHEREAS, the City is in the middle of a financial and human resources software conversion
process through a contract with Lawson Computing approved in Little Rock, Ark., Resolution
No. 12,202 (February 7, 2006), and the software conversion is designed to take effect on Janu-
ary 1, 2007, and
WHEREAS, some banks in the area have the resources to meet any software changes be-
tween now and then, but others do not, so it would not be possible for all responsible and eli-
gible banks to compete for this contract if the City issued an request for proposals for banking
services at this time, and
WHEREAS, it is conceivable that additional circumstances may occur in the future which
would make it impractical or unfeasible to bid for banking services in accordance with the City
Code,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS:
Section 1. Little Rock, Ark., Rev. Code § 2 -191 (1988) is hereby amended to read as fol-
lows:
Sec. 2 -191. Award of contracts after competitive bidding; critiera.
Ordinance to amend Little Rock, Ark., Rev. Code § 2 -191
to permit extension of time for banking services bid
[PAGE 1 of 31
I (a) Beginning January 1, 1999, the city shall contract for banking services every two
2 (2) years with optional annual renewals, not to exceed two renewals. The contract will
3 be awarded after competitive bids for banking services have been evaluated according
4 to criteria established by the city manager and the finance director. In deciding to
5 award the contract for banking services, the city shall give preference to the banking
6 institution that offers the lowest cost of services requested and the highest Community
7 Reinvestment Act ratings, while giving consideration to new or unique services offered
8 by the banking institutions that an be quantified to provide financial benefits to the
9 city.
10 (b) Notwithstanding the provisions of subsection (a), the time for issuance of a re-
11 quest for proposal for banking services may be extended by ordinance of the Board of
12 Directors for a period not to exceed one (1) year if extraordinary circumstances exist
13 which make it impractical and unfeasible, or otherwise unfair, to otherwise issue a
14 competitive bid for such services.
15 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause,
16 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such
17 declaration or adjudication shall not affect the remaining portions of the resolution which shall
18 remain in full force and effect as if the portion so declared or adjudged invalid or unconstitu-
19 tional was not originally a part of the ordinance.
20 Section 3. Repealer. All laws and parts of laws inconsistent with the provisions of this ordi-
21 nance, including but not limited to, Little Rock, Ark., Rev. Code § 2 -191 (1988), are hereby re-
22 pealed to the extent of such inconsistency.
23 Section 5. Emergency Clause. The ability to assure that the requirement for the competitive
24 bid of City banking services does not mandate an action that may be impractical and unfeasible
25 because of some extraordinary event such as a natural disaster, or that may be equally detri-
26 mental to the City because of involvement in a project such as a change in software, particular /y
27 when such a project makes it impossible for local banks to compete for the award of the con -
28 tract, is necessary to preserve the public health, safety, and welfare; and emergency is, there-
[PACE 2 of 31
Ordinance to amend Little Rock, Ark., Rev. Code § 2 -191
to permit extension of time for banking services bid
I fore, declared to exist and this ordinance shall be in full force and effect from and after the
2 date of its passage.
3 PASSED: September 19, 2006
4 ATTEST: APPROVED:
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7 Na cy Woo/d/, City Clerk Ji ailey, Mayor
8 APPROVED AS TO LEGAL FORM:
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10 �l�:oZi W l •�
11 Thomas M. Carpenter, Citv At orney
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[PAGE 3 OF 31
Ordinance to amend Little Rock, Ark., Rev. Code y 2 -191
to permit extension of time for banking services bid