HomeMy WebLinkAbout22196 1 ORDINANCE NO. 22,196
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3 AN ORDINANCE TO DECLARE IT IMPRACTICAL AND UNFEASIBLE
4 TO BID; TO AUTHORIZE PARTICIPATION OF THE CITY OF LITTLE
5 ROCK, ARKANSAS, IN AN INSURANCE POOL ADMINISTERED BY
6 THE ARKANSAS MUNICIPAL LEAGUE, IN AN AMOUNT NOT TO
7 EXCEED FOUR HUNDRED SEVENTY-EIGHT THOUSAND, ONE
8 HUNDRED FIFTY-FOUR AND 76/100 DOLLARS ($478,154.76); FOR
9 CERTAIN LITIGATION COSTS, EXPENSES AND COVERAGE, TO
10 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
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12 WHEREAS,the City of Little Rock, Arkansas, or its employees, are frequently named as defendants
13 in cases brought pursuant to Federal or State Civil Rights Acts,and there is a cost involved with the defense
14 of these matters as well as a potential liability should the City, or the employee, be found liable;and,
15 WHEREAS, instead of the purchase of an Annual Insurance Policy, the City has participated in an
16 insurance pool of various local governments known as Municipal League Defense Program, which is
17 administered through the Arkansas Municipal League;and,
18 WHEREAS, it is time to participate in the pool as provided by the formula adopted by the Arkansas
19 Municipal League for the Year 2023;and,
20 WHEREAS,current coverage for the City ends on December 31,2022,and it is important to have this
21 insurance in place on January 1,2023.
22 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
23 OF LITTLE ROCK,ARKANSAS:
24 Section 1. The City Manager is authorized to enter into an agreement with the Arkansas Municipal
25 League for participation by the City of Little Rock in the Municipal League Defense Program for the year
26 2023 in an amount not to exceed Four Hundred Seventy-Eight Thousand, One Hundred Fifty-Four and
27 76/100 Dollars($478,154.76).
28 Section 2. Because this is an insurance pool and not liability insurance, and the agreement with the
29 Arkansas Municipal League enables the City to provide its own legal counsel for the litigation of these
30 matters,the Board of Directors finds that it is impractical and unfeasible to bid for such an agreement.
31 Section 3. The City expressly reserves the right to terminate this agreement, without penalty, at any
32 time during 2023 if,after a competitive selection process,the City determines a different method to provide
33 such coverage that assures the City has ultimate control over litigation, can use the Office of the City
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1 Attorney for the trial of these matter if desired, and that any and all settlements will comply with the
2 provisions of Little Rock, Ark., Code § 2-241 (Ed. 1988), as amended by Little Rock,Ark.,Ordinance No.
3 22,069 (November 16, 2021).
4 Section 4. Funds for this agreement are available in Account No. 100000-63630.
5 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
6 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudi-
7 cation shall not affect the remaining portions of the ordinance which shall remain in full force and effect as
8 if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance.
9 Section 6. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this
10 resolution are hereby repealed to the extent of such inconsistency.
11 Section 7. Emergency Clause. The ability to have such coverage in place at all times is essential to
12 the public health, safety, and welfare, and therefore, an emergency is declared to exist, and this ordinance
13 shall be in full force and effect upon its passage so there is no question that the City is a part of this pool
14 on January 1, 2023.
15 PASSED: November 15,2022
16 ATTEST: APPROVED:
17 gip
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18 )#/%•^(•
19t. � City Clerk FranSScJr., or
20 APPR� 1 S TO LEGAL FORM:
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23 Thomas M. Carpenter, ty Att s4 ey
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