19602ORDINANCE NO. 19602
2
3 AN ORDINANCE TO DISPENSE WITH COMPETITIVE BIDS AND AWARD AN EXTENSION
4 TO THE CONTRACT FOR BANKING SERVICES TO METROPOLITAN NATIONAL BANK;
5 TO DECLARE IT UNFEASIBLE AND IMPRACTICAL TO BID; TO DECLARE AN
6 EMERGENCY; AND FOR OTHER PURPOSES.
7
8 WHEREAS, in Little Rock, Ark., Rev. Code § 2 -191 (1988) the Board of Directors provided
9 that banking services for the City would be placed for competitive bidding every two years, and
10 WHEREAS, after a competitive selection process the City entered into a banking services
11 agreement with Metropolitan National Bank pursuant to Little Rock, Ark., Resolution No. 11,398
12 (November 4, 2002), and
13 WHEREAS, 2006 would be the time to bid for these services for a contract to start on January
14 1, 2007, and
15 WHEREAS, the City is in the middle of a financial and human resources software conversion
16 process through a contract with Lawson Computing approved in Little Rock, Ark., Resolution
17 12,202 (February 7, 2006), and the software conversion is designed to take effect on January 1,
18 2007, and
19 WHEREAS, some banks in the area have the resources to meet any software changes
20 between now and then, but others do not, so it would not be possible for all responsible and
21 eligible banks to compete for this contract if the City issued an request for proposals for
22 banking services at this time, and
23 WHEREAS, the City staff is also concerned that a change in the banking services contract on
24 January 1, 2007, might result in a technical breakdown if the City's new software program goes
25 on line at the same time as the new banking contract goes on line,
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
27 ROCK, ARKANSAS:
[PAGE 1 OF 31
Ordinance to extend the banking services agreement to
Metropolitan National Bank without a competitive bid
1 Section 1. Because of concerns that not all eligible banks would be permitted to submit
2 competitive bids for the City's banking services contract, and that there may be problems with
3 the introduction of a new software system and a new banking services agreement on January 1,
4 2007, the Board of Directors declares that it is impractical and unfeasible to bid for a banking
5 services contract to begin on January 1, 2007.
6 Section 2. Because Metropolitan National Bank currently has the City's banking services
7 agreement, and is involved with the City in the introduction of its new software system, the
8 Board of Directors grants a contract to Metropolitan National Bank for a period to begin on
9 January 1, 2007, to provide City banking services as follows:
10 (a) This agreement shall run for a period of six months to and including June 30, 2007;
11 (b) This agreement, pursuant to the discretion of the City Manager, in consultation with
12 the Director of Finance & Administration, and the Director of Information
13 Technology, may extend this agreement for a six -month period not to extend past
14 December 31, 2007, provided that the City Manager notifies the Board of Directors
15 in writing of his intent to do so prior to June 30, 2007;
16 (c) The terms of the agreement are substantially the same as the current banking
17 services agreement with Metropolitan National Bank, and that any modifications are
18 acceptable to the City Manager after consultation with the Director of Finance &
19 Administration; and
20 (d) A competitive request for proposals is submitted at the appropriate time under
21 subsection (a), or subsection (b), whichever is applicable, that provides local banking
22 institutions the opportunity to bid for a two -year banking services contract in
23 accordance with Little Rock, Ark., Rev. Code § 2 -191 (1988).
24 Section 3. Severabi/ity. In the event any title, section, paragraph, item, sentence, clause,
25 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such
26 declaration or adjudication shall not affect the remaining portions of the resolution which shall
27 remain in full force and effect as if the portion so declared or adjudged invalid or
28 unconstitutional was not originally a part of the ordinance.
[PAGE 2 OF 31
Ordinance to extend the banking services agreement to
Metropolitan National Bank without a competitive bid
I Section 4. Repealer. All laws and parts of laws inconsistent with the provisions of this
2 ordinance are hereby repealed to the extent of such inconsistency.
3 Section 5. Emergency Clause. The ability to assure that the requirement for the competitive
4 bid of City banking services does not mandate an action that may be impractical and unfeasible
5 because of some extraordinary event such as a natural disaster, or that may be equally
6 detrimental to the City because of involvement in a project such as a change in software,
7 particularly when such a project makes it impossible for local banks to compete for the award
8 of the contract, is necessary to preserve the public health, safety, and welfare; and emergency
9 is, therefore, declared to exist and this ordinance shall be in full force and effect from and after
10 the date of its passage.
11 PASSED: September 19, 2006
12 ATTEST: APPROVED:
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1 5 Na cy Wood City Clerk
16 APPROVED AS TO LEGAL FORM:
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19 Thomas M. Carpenter, City Mtorney
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[PAGE 3 Or 31
Ordinance to extend the banking services agreement to
Metropolitan National Bank without a competitive bid
Jim ailey, Mayor