HomeMy WebLinkAbout20555,ENE ►RC�� 2012013768 Received: 3/8/2012 10:44:55 AM
Recorded: 03/08/2012 10:53:30 AM Filed Crane.
s Recorded in Official Records of Larry
�%; : • �� O= PULASKI COUNTY CIRCUIT /COUNTY CLERK
U C " Fees $20.00
;pct 1 " 1 ORDINANCE N0.20,555
\4
2
�..
3 AN ORDINANCE TO ESTABLISH A THREE PERCENT (3 %)
4 PREFERENCE ON COMPETITIVE BIDS FOR CONTRACTS
5 FUNDED SOLELY WITH CITY GENERAL FUND MONIES; TO
6 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
7
8 WHEREAS, the electors recently approved an increase in the City sales and compensating use tax in
9 order to accomplish the list of public purposes set forth in Little Rock, Ark., Resolution No. 13,343 (July
10 11, 2011); and
11 WHEREAS, it is appropriate that local businesses with the principal place of business located within
12 the corporate limits of the City of Little Rock, Arkansas, to benefit from contracts paid for with tax reve-
13 nues collected only within the City's corporate limits;
14 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
15 OF LITTLE ROCK, ARKANSAS:
16 Section 1. This ordinance shall apply to all formal competitive bids for services, goods, or products,
17 in which the successful bidder is deemed the lowest responsible and responsive bidder.
18 Section 2. For all contracts for which there is formal competitive bidding, and which are funded
19 exclusively with City revenues, any eligible local bidder shall receive a 3% preference on the bid price.
20 Section 3. For purposes of this ordinance, an eligible local bidder is one:
21 (a) With its principal place of business within the corporate limits of the City of Little Rock, Ar-
22 kansas; and,
23 (b) Pays income tax in the State of Arkansas, or is not required to do so; and,
24 (c) (i) That has in place a valid City business license at the time the bid is opened, or
25 (ii) Is exempt from the requirement of a City business license and provides written proof of
26 such exemption at the time the bid is open; and
27 (d) Has made a formal claim of its own for the preference provided by this ordinance.
28 Section 4. The successful bidder should be the lowest responsible and responsive bidder. If such
29 bid is submitted by other than an eligible local bidder, and an eligible local bidder is within 3% of the
30 lowest responsible and responsive bid, then the lowest eligible local bidder shall be deemed the successful
31 bidder.
32 Section 5. (a) If as a result of the application of the local preference there is a tie as to the low -
33 est responsible and responsive bid between a bidder with the preference and a bidder
[Page 1 of 21
1 without the preference for the lowest responsible and responsive bid, the local bidder
2 shall receive the award of the contract.
3 (b) If as a result of the application of the local preference there is a tie as to the low -
4 est responsible and responsive bid between a two bidders with the preference, the
5 successful bidder shall be determined by a coin toss.
6 Section 6. The provisions of this ordinance shall not apply to any contract or purchase for which
7 other than City funds are utilized if to grant a preference would violate the award of such funds to the
8 City.
9 Section 7. This ordinance shall not apply to projects designed to provide utility needs to a county or
10 municipality which shall include, but not be limited to, pipeline installation, sanitary projects, and water -
11 line, sewage and water works.
12 Section 8. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph,
13 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconsti-
14 tutional, such declaration or adjudication shall not affect the remaining provisions of this ordinance, as if
15 such invalid or unconstitutional provision was not originally a part of this ordinance.
16 Section 9. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this or-
17 dinance are hereby repealed to the extent of such inconsistency.
18 Section 10. Emergency Clause. The ability to contract for the lowest qualified bidder, but to rec-
19 ognize that a bidder located within the corporate limits of the City which pays on a daily basis all of the
20 taxes, licenses and fees required of City residents, is essential to the public health, safety, and welfare,
21 and provide the opportunity to assure that local tax dollars go to the benefit of the local businesses that
22 pay these tax dollars; an emergency is, therefore, declared to exist and this ordinance shall be in full
23 force and effect from and after the date of its passage.
24 PASSED: March 6, 2012
25 ATTEST: APPROVED:
l
26 'Let--
27
28 sa L , City Clerk Mar Stodola, ayor
29 APPR S TO LEGAL FORM:
30
31
32 Thomas M. Carpenter, CiI Attorney
33 Il
34 11
35 11
[Page 2 of 21