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Home My WebLink About22206 1 ORDINANCE NO. 22,206 2 3 AN ORDINANCE TO AMEND CHAPTER 2,ARTICLE IV,DIVISION 4 OF 4 THE LITTLE ROCK CODE OF ORDINANCES (1988), TO ASSURE 5 OPENNESS AND TRANSPARENCY IN THE REQUEST AND 6 SELECTION OF PROFESSIONAL SERVICES; TO DECLARE AN 7 EMERGENCY; AND, FOR OTHER PURPOSES. 8 9 WHEREAS,the City Manager is currently the only person authorized to execute contracts on behalf 10 of the City of Little Rock,Arkansas,for the purchase of goods and services and, further, is the only person 11 who executes such contracts; and, 12 WHEREAS,the current authority for the City Manager to purchase all supplies,apparatus,equipment, 13 materials, services and other things, without prior notice or knowledge is Fifty Thousand Dollars 14 ($50,000.00), including all Professional Services, except Lobbying Services; and, 15 WHEREAS, it is appropriate that Professional Services are not the subject of a Request for 16 Qualifications, as set forth in Little Rock, Ark., Rev. Code § 2-243 (1988), if the Board does not approve 17 of such a project;and, 18 WHEREAS, the nature of Professional Services is such that emergency situations are not really 19 required, so a brief notice and the opportunity for discussion by the elected Mayor and Members of the 20 Board of Directors is appropriate before policy decisions are made to take certain actions; and, 21 WHEREAS,the desire to meet these interests should be done without an adverse impact upon the City 22 Manager's ability to assure that City Policies and Contracts are timely pursued. 23 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 24 OF LITTLE ROCK,ARKANSAS: 25 Section 1. Little Rock, Ark., Rev. Code § 2-242 (e)(1988) is hereby amended to read as follows: 26 The City Manager is authorized to approve Professional Service Contracts up to Fifty 27 Thousand Dollars ($50,000.00), exclusive of Political Consultants and Lobbyists, which 28 still must receive Board approval,pursuant to the following conditions: 29 (1) The City Manager shall provide the Mayor and Members of the Board of 30 Directors each Monday, or the first day of business if City Hall is closed on a 31 Monday for any reason, a list of the Professional Services Contracts that are 32 anticipated to be under Fifty Thousand Dollars ($50,000.00), fourteen (14) 33 days before the issuance of a formal request for proposals; [Page 1 of 31 1 (2) If,during the fourteen(14)-day period,any member of the Board of Directors, 2 including the Mayor,wishes to discuss the proposed Professional Service at a 3 public meeting,the desire shall be made a discussion item for the next regular 4 meeting,or regularly scheduled agenda meeting,of the Board of Directors; 5 (3) Failure to follow this procedure for any reason whatsoever shall mean that the 6 City is not authorized to enter into such a contract,which is a condition of any 7 Professional Service that will be placed in the Request for Qualifications 8 submitted to make the selection decision. 9 Section 2. Little Rock,Ark.,Rev.Code§ 2-243 (1988) is hereby amended to include an introduction 10 before Subsection(a)to read as follows: 11 Subject to the provisions of Little Rock,Ark., Rev. Code § 2-242(e)(1988): 12 Section 3. The provisions of this ordinance do not apply to true emergency situations caused by acts 13 of God, natural disasters, fires, explosions, or insurrections, when the purchase of supplies, apparatus, 14 equipment, material, professional services, and other things, must be made on an emergency basis to be 15 later ratified by the Mayor and Members of the Board of Directors in order to address the immediate 16 situation. 17 Section 4. If a future amendment of the Little Rock, Ark., Rev. Code of Ordinances (1988), would 18 alter the numerical section,or subsection,designations set forth in this ordinance,but otherwise fail to note 19 such a change in enumeration,the provisions of this ordinance shall be deemed automatically amended to 20 comply with appropriate enumeration,and otherwise shall remain in full force and effect from and after the 21 passage of this ordinance. 22 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 23 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 24 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and 25 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 26 ordinance. 27 Section 6. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this 28 ordinance including the provisions of Chapter 2,Article IV, Division 4 of the Little Rock,Ark., Rev.Code 29 (1988),are hereby repealed to the extent of such inconsistency. 30 Section 6.Emergency. The ability of the City, and the Mayor and Members of the Board of Directors 31 to assure that all professional services are selected in an open, transparent method, while also assuring 32 that the City Manager has the authority to execute contractual agreements on behalf of the City without 33 undue delay, is essential to the , to the public health, safety, and welfare; an emergency is, therefore, 34 declared to exist and this ordinance shall be in full force and effect from and after the date of its passage. (Page 2 of 3l 1 PASSED: December 6,2022 2 ATTAPPROVED: 3 Ni1 4 .1.2e4 5 : saNee ity Clerk Frank Sc tt,Jr., Mayor 6 APPRO` D AS TO LEGAL FORM: 78 G;744244-4-16c-• 9 Thomas M. Carpenter, ity Att ney 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 3 of 31