HomeMy WebLinkAboutOrdinance 4722 ORDINANCE NO. 4722
AN ORDINANCE TO AMEND § 34.23 PURCHASES
AND CONTRACTS NOT IN EXCESS OF $10,000.00 OF
THE CODE OF FAYETTEVILLE
WHEREAS, the State Legislature passed Act 1435 to increase the amount required
for competitive bidding from $ 10,000.00 to $20,000.00.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals
§34.23 Purchases And Contracts Not In Excess Of $10,000.00 and enacts a new
replacement §34.23 as shown below:
"§34.23 Purchases And Contracts Not In Excess Of
$20,000.00.
"All such purchases not in excess of $20,000.00 shall be made
by the mayor, or his duly authorized representative, after the
securing and recording of quotation bids therefore; provided,
quotation bids need not be secured for purchases under
$ 1 ,000.00. Contracts not in excess of $20,000.00 shall be
made and entered into by the mayor, provided the hiring or
engagement of professional services shall be conducted
according to a professional hiring policy approved by the City
Council. The mayor shall have the authority to approve
contract change orders up to the contingency amount, if any,
as set forth in any approved contract even though such
contingency amount may exceed $20,000.00."
PASSED and APPROVED this 19th day of July, 2005 .
°aRK/TR ,.
` E • E9 G APPROVE
00,\ YO,c`r•P
=U •
; FAYETTEVILLE ' = By:
DAN COODY, Mayor
%9sy RKANSP�J?��
ATTEST: ;/VGTON Go`'
By:
SONDRA SMITH, City Clerk
%// 9/05
`/ 7zZ
CITY COUNCIL AGENDA MEMO h� 39
Pu rC�ili�
To: Mayor and City Council � C
Thru : Steve Davis, Finance & Internal Services Director
From: Peggy Vice, Purchasing Manger U-ift
Date: June 17, 2005
Subj : Change to Ordinance 34.23 Quote and Bid Limit Increase.
Recommendation
Act 1435 was approved by the Arkansas Legislature on Feb. 18'', 2005 toincrease the
City's bid limit from $ 10,000 to $20,000. The Act was approved without an emergency
clause so it will go into effect on August 12th, 2005 . Staff requests Council approve the
formal bid limit change from $ 10,000 to $20,000. Staff also requests a change in the
City's quote limit from $500 to $ 1 ,000.
Background
Act 1435 was approved to allow consistency of bid limits. Bid limit for construction
projects is $20,000 and applies to all governmental entities.
The State of Arkansas's bid limit has been $25,000 for contract and commodity type
items since 1995 and their small purchase quote limit is $5 ,000.
Discussion
Approval of the change in quote and bid limits will speed up process time for the using
department and for the vendor that had the lowest quote as much as three to four weeks.
It will allow more staff time to pursue contract bids on items that are currently quoted at
the department level.
Bid & quote limits are currently as follows:
$500 to $29500 telephone quotes-taken by the department making the request
$2,500 to $ 10,000 written quotes-taken by the department making the request
$ 10,000 Up advertised in the legal section of the newspaper with a formal
sealed bid opening.
Proposed :
$ 1 ,000 to $29500 telephone quotes-taken by the department making the request
$2,500 to $209000 written quotes-taken by the department making the request
0 0
Note: Quotes are attached to the purchase request by the requesting
department and are checked by Purchasing before a purchase order
is issued.
$20,000 Up advertised in the legal section of the newspaper with a formal
sealed bid opening
ORDINANCE NO.
AN ORDINANCE TO AMEND §34.23 PURCHASES AND
CONTRACTS NOT IN EXCESS OF $10,000.00 OF THE
CODE OF FAYETTEVILLE
WHEREAS, the State Legislature passed Act 1435 to increase the amount required
for competitive bidding from $ 10,000.00 to $20,000.00.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals
§34.23 Purchases And Contracts Not In Excess Of $10,000.00 and enacts a new
replacement §34.23 as shown below:
134.23 Purchases And Contracts Not In Excess Of
$207000.00.
"All such purchases not in excess of $20,000.00 shall be made
by the mayor, or his duly authorized representative, after the
securing and recording of quotation bids therefore; provided,
quotation bids need not be secured for purchases under $ 1 ,000.00.
Contracts not in excess of $20,000.00 shall be made and entered
into by the mayor, provided the hiring or engagement of professional
services shall be conducted according to a professional hiring policy
approved by the City Council. The mayor shall have the authority to
approve contract change orders up to the contingency amount, if any,
as set forth in any approved contract even though such contingency
amount may exceed $20,000.00."
19
PASSED and APPROVED this.,8`s day of July, 2005 .
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
0
Stricken language would be deleted from and underlined language would be added to the law as it existed
prior to this session of the General Assembly.
Act 1435 of the Regular Session
1 State of Arkansas As Engrossed: H72118105
2 85th General Assembly A Bill
3 Regular Session, 2005 HOUSE BILL 1682
4
5 By: Representatives Pyle, Overbey
6
7
8 For An Act To Be Entitled
9 AN ACT TO CLARIFY BIDDING REQUIREMENTS
10 IN CERTAIN STATUTES TO MAKE THE REQUIREMENTS
11 CONSISTENT WITH MUNICIPAL GOVERNMENT BIDDING
12 REQUIREMENTS ; AND FOR OTHER PURPOSES ,
13
14 Subtitle
15 AN ACT TO CLARIFY BIDDING REQUIREMENTS
16 IN CERTAIN STATUTES TO MAKE THE
17 REQUIREMENTS CONSISTENT WITH MUNICIPAL
18 GOVERNMENT BIDDING REQUIREMENTS .
19
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS :
22
23 SECTION 1 . Arkansas Code § 14 - 235 - 207 is amended to read as follows :
24 14 -235 -207 . Powers and duties of sewer committee .
25 ( a ) ( 1 ) (A) The sewer committee shall have power to take all steps and
26 proceedings and to make and enter into all contracts or agreements necessary
27 or incidental to the performance of its duties and the execution of its
28 powers under this subchapter .
29 ( B ) Any contract relating to the financing of the
30 acquisition or construction of any works or any trust indenture as provided
31 for in § 14 -235 -219 shall be approved by the municipal council before it
32 shall be effective . 'i
33 ( 2 ) The committee may employ engineers , architects , inspectors ,
34 superintendents , managers , collectors , attorneys , and such other employees
35 as , in its judgment , may be necessary in the execution of its powers and
02-18-200509:06 KLL106
As Engrossed: H2/18/05 HB1682
1 duties and may fix their compensation , all of whom shall do such work as the
2 committee shall direct .
3 ( 3 ) All compensation and all expenses and liabilities incurred
4 in carrying out the provisions of this subchapter shall be paid solely from
5 funds provided under the authority of this subchapter , and the committee
6 shall not exercise or carry out any authority or power given it in this
7 subchapter so as to bind the committee or the municipality beyond the extent
8 to which money shall have been or may be provided under the authority of this
9 subchapter .
10 ( 4 ) ( A) No contract or agreement with any contractor for labor or
11 material exceeding the sum of ten thousand dollars ( $ 10 , 000 ) twenty thousand
12 dollars ( $20 , 000 ) shall be made without advertising for bids .
13 ( B ) The bids shall be publicly opened and award made to
14 the best bidder , with power in the committee to reject any or all bids .
15 ( b ) After the construction , installation , and completion of the works
16 or the acquisition of them , the committee shall :
17 ( 1 ) Operate , manage , and control them and may order and complete
18 any extensions , betterments , and improvements of and to the works that it may
19 deem expedient if funds for them are available , or are made available , as
20 provided in this subchapter ;
21 ( 2 ) Establish rules and regulations for the use and operation of
22 the works and of other sewers and drains connected with them so far as they -
23 may affect the operation of the works ; and
24 ( 3 ) Do all things necessary or expedient for the successful
25 operation of the works .
26 ( c ) All public ways or public works damaged or destroyed by the
27 committee in carrying out its authority under this subchapter shall be
28 restored or repaired by the committee and placed in their original condition ,
29 as nearly as practicable , if requested to do so by proper authority , out of
30 funds provided by this subchapter .
31
32 SECTION 2 . Arkansas Code § 14 -58-303 (b) , concerning purchases , is
33 amended to read as follows :
34 (b) ( 1 ) (A) The municipal governing body of any city of the first class
35 shall provide , by ordinance , the procedure for making all purchases which do
36 not exceed the sum of ten thousand dellaEs ($10, 000) twenty thousand dollars
2 02 - 18-2005 09 : 06 KLL106
As Engrossed: H2/18/05 HB1682
1 ($20, 000) .
2 (B) The municipal governing body of any city of the second
3 class or incorporated town may provide , by ordinance , the procedure for
4 making all purchases .
5 (2) (A) (1) In a city of the first class , where the amount of
6 expenditure for any purpose or contract exceeds the sum of ten—theffsanQ
7 dollars ($10, 000) twenty thousand dollars ($20, 000) , the mayor or the mayor 's
8 duly authorized representative shall invite competitive bidding thereon by
9 legal advertisement in any local newspaper .
10 (ii) Bids received pursuant to the advertisement
11 shall be opened and read on the date set for receiving the bids in the
12 presence of the mayor or the mayor 's duly authorized representative .
13 (iii) The mayor or the mayor 's duly authorized
14 representative shall have exclusive power to award the bid to the lowest
15 responsible bidder, but may reject any and all bids received .
16 (B) The governing body, by ordinance , may waive the
17 requirements of competitive bidding in exceptional situations where this
18 procedure is deemed not feasible or practical .
19
20 /s/ Pyle , et al
21
22
23 APPROVED: 3/31/2005
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3 02- 18- 2005 09 : 06 KLL106
Opinion No. 2005- 110
May 20, 2005
The Honorable Charlie Daniels
Secretary of State
State Capitol, Room 256
Little Rock, Arkansas 72201 - 1094
Dear Mr. Daniels:
This is in response to your request for an opinion on the effective date of
legislation of the Eighty-Fifth regular session of the Arkansas General Assembly.
Your request pertains to legislation that did not carry an emergency clause or a
specified effective date.
Acts of the General Assembly with no emergency clause or specified effective
date become effective ninety days after adjournment of the session at which they
were enacted. Fulkerson v. Refunding Board, 201 Ark. 957, 147 S.W.2d 980
( 1941 ). This rule stems from Amendment 7 to the Constitution of Arkansas,
which gives the people "ninety days after the final adjournment of the session" to
file referendum petitions. The day of adjournment is not counted, as it is not a full
day during which petitions may be filed.
Your request indicates that the General Assembly adjourned sine die on May 13 ,
2005 . Starting with the first full day after adjournment, and counting ninety full
days, acts with no emergency clause or specified effective date become effective
on the ninety-first day, which in this case is August 12, 2005 .
The Honorable Charlie Daniels
Secretary of State
Opinion No. 2005- 110
Page 2
Deputy Attorney General Elana C. Wills prepared the foregoing opinion, which I
hereby approve.
Sincerely,
MIKE BEEBE
Attorney General
MB:ECW/cyh
• City of Fayetteville •
Staff Review Form
City Council Agenda Items
Contracts
July 19th, 2005
City Council Meeting Date
Peggy Vice Purchasing Division Finance & Internal Services
Submitted By Division Department
Action Required:
Approve update to Ordinance 34.23 to increase quote limit to $1 ,000 and bid limit from $10,000 to $20,000 to comply
with Act 1435 as approved by the State of Arkansas Legislature.
Cost of this request Category/Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project CategoryName
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # Sec. 34.23
Departm nt ire Date Original Contract Date:
Original Contract Number:
az
6 05
City Attorney
Received in City Clerk's Office
Fin nc and Internal Service Director Date
Received in Mayor's Office
Mayor Date
Comments: This will increase the productivity of departments by allowing them to get their purchases three to
four weeks before they would under the current bid limits and allow more competition and better pricing from vendors.
Clarice Pearman - Ords. 4722, 47231: ::472 I
ANk Page 1
MW
From: Clarice Pearman
To: Peggy Vice
Date: 8/4/05 12:21 PM
Subject: Ords. 4722, 4723, 4724
Peggy,
Attached is a copy of the ordinances passed by City Council July 19, 2005 regarding the amendments of
purchasing section of the code book. Sorry for the delay but the mayor was out of town until August 1 st.
CC: Deaton, Vicki
.ac ekansa& Democrat VY +gazette
WorduvestArkanwl most Wider Read Newspaper"
AFFIDAVIT OF PUBLICATION
I , Erin Emis . do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published in Lowell , Arkansas, and that from my own personal knowledge
and, reference to the files of said publication , that advertisement of:
add _(-42, was inserted in the regular editions on
PO# 1
** Publication Charge : $
Subscrib and sworn to before me this
day of 12005.
(INSURANCETOMEN NO. 4722
. M1 AN CONTRACTS
CE TO AMEND § 34.23 PURCHASES •
jle _ AND.THE
F NOTIN
ILLS OF $10,W0.00Taye
OF THE CODE OF FAVETTEVILLE G V C
Notary Public Sharlene D. Williams P�`eL To or Passed ` 1 d to
ng ARKANSAS
Notary Public kOm $10,00000to $20,000.00. ,
My Commission Ex bf Arkancac NOW, THEREFORE, Be R ORDAINED BY THE CRY COUNCIL OF THE CITY OF FAM-
TWALLS,.ARKANSAS:
My Commission Expires Section 1: That the City Council of the City of Fawffe oe, Arkansas hereby repeals §344k I
October 18, 2014 "
P"r`h °s And Oonlifcls Net In Etrp Of $10,000.00 and enacts a new replat
§34.23 as shown below:
" Please do not pay from Affidavit. •$$.sB arch.... Ane Contracts Hot In ExceFt Of $201000.00.
'AII suds purchases not In access of$20.000.00 shad be made by the mayor, or his duty authorized rap-
An invoice will be Sent.
rasentative, after the secuNg and recording of quotation bids therefore; Provided, quotation bids need
M be secured fa Puidhases under $1,000.00. Contracts not in excess Of $20,00000 dal be made
and entered Into by Ne mayor, provided the hiring or engagement of Pmfession11 services stat be can-
ducted eccordirg to a Prefessional hNng Pdlc approved by the City Ccundl. The mayor shall have the
authority to approve connred dhange orders uP to the contingency amount, if any, as set forth in any
approved contract even Hough such contingency amount may exceed $20,000.00.'
PASSED Erni APPROVED this 19th day of Jury, 200.5.
APPROVED:
By:
RECEIVED °�S°°D" "t"°t
By:
$ONDEA SMITH, CNY Cle t
AUG 12 2005 —
CITYOFFAYETTEVILLE
CTV CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • I-AVETTEW E. ARKANSAS 72701 • 479-571 -6470