Professional Services Policy
Articles of Incorporation, filed with the Arkansas Secretary of State November 23, 1999, approved the creation of a "Public Body Corporate and Politic" composed of the participating public agencies of the Central Arkansas Library System (CALS). By definition, public bodies corporate and politic are "independent legal entities" (Ark Code Ann. §25-20-203) and "none of the powers granted to a public body … shall be subject to further supervision or regulation, or require the further approval or consent, of any participating public agency." [Ark. Code Ann. §25-20-203(a) and §25-20-203(b)]
Article Twelve of the approved corporation application states that, as a public corporation, “The Corporation is not bound or governed by, and it shall not be necessary for the Corporation to comply with, the general provisions of other laws dealing with public facilities, their acquisition, construction, equipping, maintenance, operation, leasing, encumbering, or disposition”.
Further, CALS is also specifically exempted from public bidding requirements by virtue of Ark. Code Ann. §25-20-206. Accordingly, CALS’ policies for obtaining professional services for the maintenance and operation of the library system, including legal, architectural, construction, janitorial and other professional services, will be generally based on the best interest of CALS.
Specifically, professional service selection decisions will be made only by authorized CALS managers, utilizing established selection guidelines which will be adapted for the particular service. All professional service contract decisions will be governed by established procedures which will include documented, comprehensive review and comparison of available providers for experience, cost, service performance record, and reference qualifications.
Professional service contracts may be structured differently to acknowledge service variations, and will represent the best interest of CALS as to contract length, performance requirements, cost structure, etc.
As defined by Arkansas Statute 19-11-802, competitive bidding based solely on price or cost, shall not be used for architectural, engineering, legal, and land surveying.
The CALS Board of Trustees may deem other professional services to be inappropriate for competitive bidding, if such a process is found to be impractical, unfeasible, or, if based solely on price, would result in an outcome that would not meet the best interest of CALS. Additional services may be added to the list provided the particular service is approved by two thirds vote of the board.
(See Statute 19-11-802 (c) (2).
CALS shall also note for each professional service deemed to be inappropriate for competitive bidding, the approximate timeline when those services must be reviewed or opened for either an RFQ or RFP as appropriate.
The following professional services have been approved by the CALS Board of Trustees for a non-competitive selection process:
- Accounting services – SUBJECT TO COORDINATION WITH CITY OF LITTLE ROCK
- Advertising design and consultation services – AS NEEDED
- Banking services – EVERY 5 YEARS
- Bond underwriting services – AS NEEDED
- Broadband services provider – ONGOING REVIEW & SUBJECT TO E-RATE REQUIREMENTS
- Comprehensive insurance consultants, and brokers – REVIEW EVERY 3 YEARS
- Construction management services
- Pre-qualification of general contractors or construction managers
- Employee benefit plan consultant services – AS NEEDED
- Entertainment promotion – AS NEEDED
- Environmental consultants, systems engineers, and suppliers – AS NEEDED
- Executive recruitment services – AS NEEDED
- Historic preservation consultants – AS NEEDED
- Disciplines associated with employee psychological wellbeing, and the development and implementation of tests and systems designed for hiring and promotion of library employees – AS NEEDED
- Information system services consultants – AS NEEDED
- Interior design services – AS NEEDED
- Housekeeping/janitorial services – RFQ FOR NEW FACILITIES & 3-YEAR EXISTING CONTRACT REVIEW
- HVAC-related contracts and/or Maintenance services – REVIEW EVERY 3 YEARS
- Landscape/grounds keeping services – RFQ FOR NEW FACILITIES & 3-YEAR EXISTING CONTRACT REVIEW
- Legal services – AS NEEDED
- Lobbyist services – PERFORMANCE-BASED REVIEW
- Real estate abstract and title services – AS NEEDED
- Real estate marketing, consultation, and appraisal services – AS NEEDED
- Security and alarm services – buildings and grounds – AS NEEDED
- Stormwater utility management services – AS NEEDED