179541 ORDINANCE NO. 17,954
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3 AN ORDINANCE TO AUTHORIZE A CONTRACT
4 EXTENSION WITH ENGINEERING MANAGEMENT
6 CORPORATION OF LITTLE ROCK, ARKANSAS, FOR
6 ASBESTOS ABATEMENT AND REMOVAL IN THE AREA
7 DAMAGED BY THE JANUARY 21, 1999 TORNADO; TO
s WAIVE COMPETITIVE BIDDING; TO DECLARE AN
9 EMERGENCY; AND FOR OTHER PURPOSES.
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11 WHEREAS, the January 21, 1999, tornado did extensive damage and destruction to
12 buildings and residences within the City, and
13 WHEREAS, some of these buildings contained asbestos, and it is essential that this
14 material be properly removed and stored as required by federal and state environmental code
16 regulations, and
16 WHEREAS, there is not time to submit Requests for Proposal or Requests for
17 Qualification to choose another firm to help accomplish this work, but the City has previously
18 selected through a competitive process the firm of Engineering Management Corporation of
19 Little Rock, Arkansas, to assist with such matters in another part of the City and, has
20 determined that this firm is willing to extend its current agreement to assist with the problems
21 created as a result of the tornado,
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
23 THE CITY OF LITTLE ROCK, ARKANSAS:
24 Section 1. The City Manager is authorized to enter into an extension agreement, in
26 a form acceptable to the City Attorney, with Engineering Management Corporation, Inc., of
26 Little Rock, Arkansas, to assist with asbestos abatement and removal for buildings damaged
27 by the January 21, 1999, tornado in an amount not expected to exceed fifty thousand dollars
28 ($50,000). The money for this contract will be reimbursed by the Federal Emergency
29 Management Agency or other appropriate governmental agency.
30 Section 2. Because there is a present and immediate need to provide appropriate
31 asbestos abatement and removal, in accordance with state and federal environmental laws, as
32 a result of the destruction, damage and demolition of structures affected by the January 21,
33 1999, tornado, it is infeasible and impractical to competitively select a firm to perform these
34 services for the City; as a result, the Board of Directors waives the requirement for a
36 competitive selection process.
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Section 3. Severability. In the event any title, subtitle, section, subsection,
subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance
is declared to adjudged to be invalid or unconstitutional, such declaration or adjudication shall
not affect the remaining portions of this 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 this
ordinance.
Section 4. Repealer. All ordinances, resolutions, or regulations, or any parts of
such documents, which are inconsistent with the provisions of this ordinance are hereby
repealed to the extent of such inconsistency.
Section 5. Emergency. The proper removal, abatement and disposal of asbestos
is necessary to protect the public health, safety and welfare, as evidenced by various state and
federal laws and regulations that deal with such activity. However, a catastrophic event like
the January 21, 1999, tornado render it virtually impossible to effectively meet all of these
guidelines, particularly if a firm is not in place to do so. The City needs to get this firm under
contract immediately to work on these problems. An emergency is, therefore, declared to exist,
and this ordinance, being necessary to protect the public health, safety and welfare, shall be in
full force and effect from and after the date of its passage.
PASSED: March 9, 1999
19 ATTEST:
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22 Robbie Hancock, City Clerk
23 APPROVED AS TO LEGAL FORM:
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26 Thomas M. Carpenter, City A orney
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APPROVED:
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Jim ail y, Nlayor
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