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20075ORDINANCE NO. 20,075 3 4 AN ORDINANCE TO DISPENSE WITH COMPETITIVE BIDDING AND AU- 5 THORIZE THE CITY MANAGER TO ENTER INTO A SOLE SOURCE CON - 6 TRACT WITH WORLD BIRD SANCTUARY FOR A SERIES OF FREE - FLIGHT 7 BIRD SHOWS AT THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES. 8 9 10 WHEREAS, the Little Rock Zoo Director desires to present a new attraction and added 11 value in 2009 for visitors to the Zoo, and 12 13 WHEREAS, after research by Zoo staff, it was determined that a series of free - flight 14 bird shows utilizing a variety of trained birds would be an educational and entertaining addition 15 to Zoo activities for 2009 and would increase Zoo revenues, and 16 17 WHEREAS, on November 18, 2008, pursuant to Little Rock, Ark. Ord. No. 20,045, the 18 Board approved a contract with Natural Encounters, Inc. ( "NEI ") to provide such bird shows, 19 and 20 21 WHEREAS, NEI has recently informed the Zoo that they will be unable to present the 22 bird shows at the Zoo as expected, leading the Zoo to search for and convince another com- 23 pany, World Bird Sanctuary, to provide such a service, and 24 25 WHEREAS, World Bird Sanctuary is willing to provide three (3) bird shows seven (7) 26 days a week from April 3, 2009 through September 7, 2009, an increase of six (6) shows a week 27 over the NEI proposal, for a total contract sum of One Hundred Twenty Thousand Dollars 28 ($120,000), and 29 30 WHEREAS, the Zoo Board of Governors voted on January 28, 2009 to support Board ac- 31 tion to award a contract to World Bird Sanctuary, and 32 33 WHEREAS, competitive bidding should be waived owing to the unique nature of the 34 seven (7) days a week bird show program and therefore a contract should be awarded to World 35 Bird Sanctuary as the sole source of this entertaining and informative program. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF 38 LITTLE ROCK, ARKANSAS: 39 40 Section 1. Due to the unique nature of the desired free - flight bird show program, the 41 Board of Directors finds that competitive bidding should be dispensed with and that a contract 42 for the series of seven (7) days a week bird shows over a five (5) -month period in 2009 should 43 be awarded to World Bird Sanctuary, which provides the handlers and the trained birds for the 44 program. 45 46 Section 2. The City Manager is hereby authorized to dispense with competitive bidding 47 and to enter into a sole source contract, in a form acceptable to the City Attorney, with World 48 Bird Sanctuary for the bird shows in the total amount of One Hundred Twenty Thousand Dollars 49 ($120,000.00). 50 51 Section 3. Severability. In the event any title, section, paragraph, item, sentence, 52 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitu- 53 tional, such declaration or adjudication shall not affect the remaining portions of the ordi- 54 nance, which shall remain in full force and effect as if the portion so declared or adjudged [PAGE 1 OF 21 Ordinance To waive competitive bidding for a Series of Free - Flight Bird Shows at the Zoo And Award a Contract to World Bird Sanctuary for the Shows. 7 8 9 10 11 12 13 14 15 invalid or unconstitutional were not originally a part of the ordinance. Section 5. Repealer. All ordinances and resolutions, and parts thereof, that are in conflict with any provision of this ordinance are hereby repealed to the extent of such conflict. PASSED: February 3, 2009 16 APPROVED AS TO LEGAL FORM: 17 18 19 20 Thomas M. Carpenter, City Att r e Mark Stodola, Mayor (PACE 2 OF 21 Ordinance To waive competitive bidding for a Series of Free - Flight Bird Shows at the Zoo And Award a Contract to World Bird Sanctuary for the Shows.