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HomeMy WebLinkAbout22567 1 ORDINANCE NO.22,567 2 3 AN ORDINANCE TO DECLARE IT IMPRACTICAL AND UNFEASIBLE 4 TO BID; TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN 5 AGREEMENT WITH THE ARKANSAS MUNICIPAL LEAGUE, IN AN 6 AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY-EIGHT 7 THOUSAND, ONE HUNDRED FIFTY-FOUR AND 76/100 DOLLARS 8 ($478,154.76); FOR THE PARTICIPATION OF THE CITY OF LITTLE 9 ROCK, ARKANSAS, IN THE MUNICIPAL LEAGUE DEFENSE FUND 10 FOR CERTAIN LITIGATION COSTS,EXPENSES AND COVERAGE,TO 11 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 12 13 WHEREAS,the City of Little Rock,Arkansas, or its employees, are frequently named as defendants 14 in cases brought pursuant to Federal or State Civil Rights Acts,and there is a cost involved with the defense 15 of these matters as well as a potential liability should the City,or the employee,be found liable;and, 16 WHEREAS, instead of the purchase of an Annual Insurance Policy, the City has participated in an 17 insurance pool of various local governments known as Municipal League Defense Program, which is 18 administered through the Arkansas Municipal League;and, 19 WHEREAS, it is time to participate in the pool as provided by the formula adopted by the Arkansas 20 Municipal League for the year 2025;and, 21 WHEREAS,current coverage for the City ends on December 31,2024,and it is important to have this 22 insurance in place on January 1,2025. 23 NOW,'THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 24 OF LITTLE ROCK,ARKANSAS: 25 Section 1. The City Manager is authorized to enter into an agreement with the Arkansas Municipal 26 League for participation by the City of Little Rock in the Municipal League Defense Program for the year 27 2025 in an amount not to exceed Four Hundred Seventy-Eight Thousand, One Hundred Fifty-Four and 28 76/100 Dollars($478,154.76). 29 Section 2. Because this is an insurance pool and not Liability Insurance, and the agreement with the 30 Arkansas Municipal League enables the City to provide its own legal counsel for the litigation of these 31 matters,the Board of Directors finds that it is impractical and unfeasible to bid for such an agreement. 32 Section 3. The City expressly reserves the right to terminate this agreement,without penalty, at any 33 time during 2025 if,after a competitive selection process,the City determines a different method to provide 34 such coverage that assures the City has ultimate control over litigation, can use the Office of the City 35 Attorney for the trial of these matter if desired, and that any and all settlements will comply with the [Page 1 of 2] 1 provisions of Little Rock,Ark.,Code§2-241 (Ed. 1988),as amended by Little Rock,Ark.,Ordinance No. 2 22,069(November 16,2021). 3 Section 4. Funds for this agreement are available in the General Fund,Account No. 100000-63630. 4 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 5 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 6 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and 7 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 8 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, 2025. 15 PASSED: December 17,2024 16 ATTEST: APPROVED: 17 ' 18 �1 19 Allison Segars,Acti i"'' ity Clerk Frank Scott.Jr.,Mayor 20 APPROVED AS TO LEGAL FORM: 21 22 li1.0 ..•+ v�� ` 23 Thomas M.Carpenter,City Att ey 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // [Page 2 of 2]