HomeMy WebLinkAbout19645I ORDINANCE NO. 19,645
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3 AN ORDINANCE TO DESIGNATE "PERFORMANCE BASED CONTRACT" AS A PRO -
4 FESSIONAL SERVICE PURSUANT TO AMEND LITTLE ROCK, ARK., REV. CODE S 2-
5 243 (3) (1988); TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
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7 WHEREAS, the Little Rock Advertising Et Promotion Commission is in the process of substantial work
8 on the boiler system in the Statehouse Convention Center and would like to use a performance based
9 contract as a means of selecting a provider and establishing benchmarks that must be met by that pro -
10 vider; and
11 WHEREAS, this City commission could benefit from a clear definition of the phrase "performance
12 based contract" and the use of that type of public contracting for boiler work for the Statehouse Con -
13 vention Center, and certain involved with the renovation of Robinson Auditorium; and
14 WHEREAS, performance based contracts are an effective and efficient method to monitor and
15 evaluate the overall quality of services provided; and
16 WHEREAS, the General Assembly of Arkansas has approved Ark. Code Ann. S 19 -11 -1010 (West
17 2004), and in doing so has expressly authorized the use of performance based contracts; and
18 WHEREAS, Little Rock, Ark., Rev. Code S 2- 243(b) (1988) does not contain "performance based
19 contract" in the list of professional services that can be competitively selected without reliance on the
20 lowest price;
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
22 ROCK, ARKANSAS:
23 Section 1. Pursuant to Little Rock, Ark., Rev. Code S 2- 243(c) the Little Rock Advertising and Pro -
24 motion Commission, on its own or operating through the Little Rock Convention It Visitors' Bureau, is
25 hereby authorized to select in the same manner as a professional service a performance based contract
26 for boiler work in the Statehouse Convention Center, and for renovation work in Robinson Auditorium.
27 Section 2. The authority provided by this ordinance shall expire on December 31, 2008.
28 Section 3. For purposes of this ordinance:
29 "Performance based contract" means a contract which sets benchmark objectives the
30 person, or entity, selected to receive the contract must attain at specific intervals during
31 the term of the contract; further, the contract specifies that failure to meet these objec-
32 tives within the agreed time frame, or to promptly rectify revealed deficiencies, shall ad-
33 versely affect payment to the contractor, or other sanctions, which are also clearly de-
34 fined in the contract. For purposes of this ordinance, a "performance based contract" can
35 be either a pure form of such a contract, or a hybrid form of such a contract.
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Ordinance to define a "performance based contract" as [PAGE 'I
a professional service for a limited time on behalf of
the Advertising Et Promotion Commission
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Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause,
phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such decla-
ration or adjudication shall not affect the remaining portions of the ordinance which shall remain in
full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not origi-
nally a part of the resolution.
Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
Section 6. Emergency Clause. The ability to engage in the most efficient type of contracting
which provides clear means to evaluate the success of the contract is essential to the public health,
safety and welfare; such contracting as performance based contracting, which is required for many
government jobs throughout the nation and is encouraged not only by the State of Arkansas, but also
such diverse organizations as the United States Army and The World Bank, provides the kind of effi-
ciency and evaluation local governments can use in appropriate circumstances; further, the Little Rock
Advertising Et Promotion Commission would like to engage in such contracting as it works to renovate
such facilities as Robinson Auditorium and the Statehouse Convention Center, and needs to act on such
a contract a quickly as possible; an emergency is, therefore, declared to exist and this ordinance shall
be in full force and effect from and after the date of its passage until and including December 31,
2008..
PASSED: November 28, 2006
ATTEST: APPROVED•
Na cy Wood, ity Clerk
AP ROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Morney
Ordinance to define a "performance based contract" as
a professional service for a limited time on behalf of
the Advertising Ft Promotion Commission
[PAGE 2 OF 2]
Jim Wiley, Mayor