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HomeMy WebLinkAbout119-21 RESOLUTIONOF FAY ETTF 9 gKANSO' 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 119-21 File Number: 2021-0137 OFFICER STEPHEN CARR MEMORIAL: A RESOLUTION TO APPROVE A SCULPTURE COMMISSION AGREEMENT WITH BRODIN STUDIOS, INC. IN THE AMOUNT OF $51,483.55 FOR THE OFFICER STEPHEN CARR MEMORIAL BRONZE STATUE, TO APPROVE A COST SHARE AGREEMENT WITH FRATERNAL ORDER OF POLICE LODGE #10 WITH AN AMOUNT NOT TO EXCEED $35,000.00 TO BE PAID BY THE CITY OF FAYETTEVILLE TOWARD THE COST OF THE SCULPTURE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 WHEREAS, since the tragic death of Officer Stephen Carr on December 7, 2019, the Fayetteville Police Department has recognized significant community support, including in the form of cash donations for the specific purpose of memorializing Officer Carr; and WHEREAS, the City of Fayetteville and Fraternal Order of Police Lodge #10 wish to share in the costs of a bronze memorial statue that will be displayed at the public entrance to the new Fayetteville Police Headquarters Building; and WHEREAS, Ark. Code Ann. § 19-1 1-203 provides that "works of art for museum and public display" are exempt from the requirements of formal competitive bidding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I.: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a sculpture commission agreement with Brodin Studios, Inc. and Fraternal Order of Police Page 1 Printed on 4121121 Resolution: 119-21 File Number. 2021-0137 Lodge # 10 for the purchase of the Officer Stephen Carr Memorial bronze statue in the amount of $51,483.55 plus any applicable taxes and freight charges. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a cost share agreement with Fraternal Order of Police Lodge #10 for the costs associated with the Officer Stephen Carr Memorial bronze statue, with an amount not to exceed $35,000.00 contributed by the City of Fayetteville and at least $22,000.00 contributed by the Fraternal Order of Police. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency in the amount of $5,000.00. Attest: ClTy Kara Paxton, City Clerk Treasure FgyE, F F. '�. �; • gl\iSAS .�•y' �. Page 2 Printed on 4121121 City of Fayetteville Arkansas 113 West Mountain Street A= Fayetteville, AR 72701 r (479)575-8323 Text File File Number: 2021-0137 Agenda Date: 4/20/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.2 OFFICER STEPHEN CARR MEMORIAL: A RESOLUTION TO APPROVE A SCULPTURE COMMISSION AGREEMENT WITH BRODIN STUDIOS, INC. IN THE AMOUNT OF $51,483.55 FOR THE OFFICER STEPHEN CARR MEMORIAL BRONZE STATUE, TO APPROVE A COST SHARE AGREEMENT WITH FRATERNAL ORDER OF POLICE LODGE #10 WITH AN AMOUNT NOT TO -EXCEED $35,000.00 TO BE PAID BY THE CITY OF FAYETTEVILLE TOWARD THE COST OF THE SCULPTURE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 WHEREAS, since the tragic death of Officer Stephen Carr on December 7, 2019, the Fayetteville Police Department has recognized significant community support, including in the form of cash donations for the specific purpose of memorializing Officer Carr; and WHEREAS, the City of Fayetteville and Fraternal Order of Police Lodge #10 wish to share in the costs of a bronze memorial statue that will be displayed at the public entrance to the new Fayetteville Police Headquarters Building; and WHEREAS, Ark. Code Ann. § 19-11-203 provides that "works. of art for museum and public display" are exempt from the requirements of formal competitive bidding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a sculpture commission agreement with Brodin Studios, Inc. and Fraternal Order of Police Lodge #10 for the purchase of the Officer Stephen Carr Memorial bronze statue in the amount of $51,483.55 plus any applicable taxes and freight charges. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a cost share agreement with Fraternal Order of Police Lodge #10 for the costs associated with the Officer Stephen Carr Memorial bronze statue, with an amount not to exceed $35,000.00 contributed by the City of Fayetteville and at least $22,000.00 contributed by the Fraternal Order of Police. City of Fayetteville, Arkansas Page 1 Printed on 4/21/2021 File Number: 2021-0137 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency in the amount of $5,000.00. City of Fayetteville, Arkansas Page 2 Printed on 412112021 City of Fayetteville Staff Review Form 2021-0137 Legistar File ID 4/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mike Reynolds 4/2/2021 POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a sculpture commission agreement with Brodin Studios, Inc. and cost share agreement with Fraternal Order of Police Lodge #10 in an amount not to exceed $35,000 plus $5,000 contingency for the sculpting and delivery of the Officer Stephen Carr Memorial to be displayed at the public entrance of our new Fayetteville Police Headquarters Building. This public sculpture display is exempt from competitive bidding based on Arkansas Code Annotated 19-11-203. Budget Impact: 1010.200.2920-5801.00 General Account Number Fund 33044-8 / 33045-1 Police Memorial / State LE Forfeitures Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Project Title $ 40,935.00 $ 40,935.00 $ 40,000.00 $ 935.00 Purchase Order Number: Previous Ordinance or Resclution # v20180321 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 20, 2021 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police DATE: April 2, 2021 SUBJECT: Officer Stephen Carr Memorial CITY COUNCIL MEMO =I RECOMMENDATION: Staff recommends approval of a sculpture commission agreement with Brodin Studios, Inc. and cost share agreement with Fraternal Order of Police (FOP) Lodge #10 in an amount not to exceed $35,000 plus $5,000 contingency for the sculpting and delivery of the Officer Stephen Carr Memorial to be displayed at the public entrance of our new Fayetteville Police Headquarters Building. This public sculpture display is exempt from competitive bidding based on Arkansas Code Annotated 19-11-203. BACKGROUND: The Stephen Carr Memorial bronze statue will resemble a photo taken while Officer Stephen Carr was working Dickson Street Patrol and met an abandoned dog, which he eventually adopted. Officer Carr is on a side of the bench sitting, petting "Red" with one hand. The story is: the dog was abandoned and left tied up to this bench for hours. He was so scared of people and wouldn't come out for anyone, but Officer Carr. When we decided to do this as the memorial, we found multiple bronze sculpture artists. The least expensive seemed to do more abstract art, and the human sculptures looked distorted and not what we were looking for. One local artist and one out of Texas were both $85-95 thousand, much outside our realm of.possibility. Then, Chief Reynolds received an email from Brodin Studios and their work is lifelike, beautiful, and professional. Through talking with Brodin Studios, Inc. and browsing samples of their work, we learned they focus on memorial statues for Military, Police, and Fire. They are so detailed as to get the make and model of uniform equipment. We then found a piece of art Brodin Studios, Inc. sent the Police Department after Officer Carr was killed, as they do throughout the country for fallen officers. We have chosen Brodin Studios for the professional and realistic work, flexibility and communication, as well as their patience with us throughout this process. DISCUSSION: Total cost of the Officer Stephen Carr Memorial is $51,483.55 plus shipping. The City of Fayetteville's not to exceed amount of $35,000 plus $5,000 contingency is based up on the project partnership with the FOP Lodge #10 which is currently holding in excess of $22,000 in donated funds for this memorial sculpture. The FOP Lodge #10 plans additional fund raising Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 which could reduce the City of Fayetteville's share of expenses for this memorial. Brodin Studios will invoice the City of Fayetteville and FOP Lodge #10 separately. Since the tragic events on December 7, 2019, the Fayetteville Police Department has recognized significant community support. Much of the community support came in the form of cash donations for the specific purpose of memorializing Officer Stephen Carr. All cash donations received by the Fayetteville Police Department has been approved and recognized via budget adjustments approved by the City Council. These funds are held within our project accounting system specifically named Police Memorial Donations (project'#33044-8). The current budgeted amount in the Police Memorial Donations project is $24,154. The net balance of $15,846 not funded by the Police Memorial Donations will be funded from existing approved budget funds within the Law Enforcement State Forfeitures (project #33045-1). BUDGET/STAFF IMPACT: All funding for this memorial sculpture is currently budgeted within our 2021 Approved Operating Budget. The City of Fayetteville's not to exceed amount of $35,000 plus $5,000 contingency totals $40,000. Funding of this sculpture is budgeted within two existing projects: Police Memorial Donations (project #33044-8) and Law Enforcement State Forfeitures (project #33045-1). The Police Memorial Donations project has current budget funds in the amount of $24,154.00, and the Law Enforcement State Forfeitures project budget will fund the remaining not to exceed expense of $15,846. This project has no impact on staffing. Attachments: Sculpture Commission Agreement with Brodin Studios, Inc. Cost Share Agreement with FOP #10 Photo of Officer Stephen Carr with Red Sculpture samples from Brodin Studios A.C.A 19-11-203 2 SCULPTURE COMMISSION AGREEMENT THIS AGREEMENT is made on this day of 2021, between Brodin Studios, Inc.70127 3301s Street Kimball, MN 55353, hereinafter referred to as ARTIST, the City of Fayetteville, and Fraternal Order of Police Lodge No. 10, hereinafter referred to as BUYERS. WHEREAS, BUYERS desire to commission ARTIST to design and construct an original bronze work of art in the likeness of life-size male Police Officer Stephen Paul Carr in the sitting position with life-size canine referred to as ARTWORK: WHEREAS, ARTIST desires to create the above -mentioned ARTWORK; WHEREAS, the parties wish the integrity and clarity of the ARTISTS ideas, and the quality and beauty of the ARTWORK, to be maintained and protected; NOW, THEREFORE, the parties mutually agree upon the following: DESCRIPTION OF THE ARTWORK ARTWORK shall be created in actual life-size scale, exclusive of.base, and. shall be created using the "lost wax" method of bronze casting. ARTWORK shall be finished in an antique bronze patina, suitable for exterior. ARTWORK shall depict a male in the sitting .position to be placed on a park bench with a canine. 11. COMMISSION FEE BUYERS shall pay ARTIST the sum of fifty-one thousand four hundred eighty-three dollars and fifty-five cents ($51,483.55) plus additional costs specified in other sections or any addendum to this agreement. Ill., BUYER COOPERATIVE BUYERS shall pay ARTIST commission fee separately based upon a separate agreement between the City and the Fraternal Orderof Police Lodge No. 10. BUYERS will pay any additional costs specified in other sections or any addendum to this agreement in accordance with their separate agreement. 1V. PAY MENT SCHEDULE A. A payment of fifteen thousand dollars and no cents ($.15,000) shall accompany the signed commission agreement, prior to beginning work. B. A second payment of sixteen thousand dollars and no cents ($16,000) shall be due and payable at the time of casting the sculpture. C. A final payment of twenty thousand four hundred eighty-three dollar: and fifty-five cents ($20,483.55) shall be received upon completion. D. Shipping charges shall be billed directly to the BUYERS and shall be due and payable - within 15 days of invoice. Invoicing for the park bench shall be billed directly to the BUYERS and shall be due and payable within 15 days of invoice. V. D_p.LIVERY AND INSURANCE COSTS A. BUYERS shall be responsible for reasonable delivery/shipping and handling costs. ARTIST shall advise BUYERS of the method of shipment and the estimated cost prior to the scheduled completion date. 4 B. ARTIST shall be responsible for insurance coverage during the commission period. Responsibility for coverage passes to the BUYERS upon delivery. VI. COPYRIGHT ARTIST shall retain the copyright on ARTWORK and all reproduction rights shall be expressly reserved. ARTIST herein grants BUYERS the limited license to make two dimensional reproductions of ARTWORK for non -commercial purposes, including, but not limited to, advertising, publicity, catalogs and similar publications, provided that these rights are exercised in a tasteful and professional manner. ARTISTS copyright (as shown below) shall be clearly displayed on all reproductions and ARTIST shall be given a credit line in all editorial reference. © 2021 .Brodin Studios, Inc. All Rights Reserved Vll. UNVEILiNG/DEDICATION BUYERS shall notify ARTIST as to the date and time of thcunvcding and dedication ceremonies. BUYERS agree to furnish ARTIST with a copy of all promotional materials, programs, videos and articles dealing with ARTWORK and the wtveiling. VJII. MAINTENANCE/REPAIR BUYERS agree that theywill not intentionally destroy, damage, or otherwise alter, modify or change ARTWORK in any way. All repairs and restoration-, shall be the responsibility of the BUYERS. ARTIST shall provide BUYERS with a copy of written "care" instructions, covering maintenance of the surface of the sculpture. IX. TITLE OF ARTWORK BUYERS shall have the right to determine the official title of the ARTWORK, and shall inform ARTIST of such at the earliest convenience. X. MODIFICATIONS TO THE AGR$EMENT Modifications to any section of this agreement must be made in writing, signed :by all parties and attached as an addendum. XI. JURISDICTION The laws:of the state of Arkansas shall govern, this.agreement, Signed this -V day XUER- Brodio20 By� j� Gay ARTTST/AGENT Studios,:Inc. V City ayettev' 70127 33014 Street 100 . Roc reet Kimball, Ml�i 55353 Fayettevi e. AR 72701 By t4) BUf ER Fraternal Oderof.Police Lodge No..10 J 100 W. Rock Street Fayetteville, AR 72701 Is CONTRACTUAL AGREEMENT FOR COST SHARE OF OFFICER STEPHEN CARR MEMORIAL This Agreement, made and entereduito on this day of April, 2020, by and between the City of Fayetteville, Arkansas ("City") and the Fraternal' Order of Police Lodge No. 10 ("FOP"), witnesseth: WHEREAS, the City and the FOP wish to work together, using a combination of City funds, FOP funds, and funds from private donors to pay the cost of the Officer Stepien Carr Memorial bronze sculpture that will be located at the new Police Department headquarters; and WHEREAS, the cost of the sculpture is $51,483.55 plus any applicatic taxes as well as shipping, handling, and installation costs. NOW, THEREFORE, the City of Fayetteville, Arkansas and Fraternal Order of Police Lodge No. 10 agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Contribute an amount not to exceed $35,000.00 toward the costs associated with the purchase of the sculpture. B. Provide a prominent location for the installation of the sculpture outside of the public entrance to the new Police Department Headquarters. 2. Fratemal Order of Police Lodge No. 10 agrees to contribute at least 122,000.00 toward the costs associated with the purchase of the sculpture. 3. The City and FOP agree to share equally any costs associated with taxes, shipping, handling, and installation of the sculpture, or any additional costs that arise after signing the commission agreement with the artist. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: FRATERNAL ORDER OF POLICE LODGE NO. 10 BY: �/` � i�/ NI VNI E, President K j By: ..• CITY' KARA PAXTON, City Cler C' • Gam` • J' FgyF •G= •M. •;'9NSAS vi j,IV co ; �oo� 3/3I2021 Mail - Eicce, Natalie - Outlook https://:)utlook.office365.com/mail/search/id/AAQkADYOMGE0OTAyLWFkNGUtN DEyYS05ZmQOLW Lbn NjkxMmYzMWE2OAAQAMr09hjwny5seEweb8 ff 3 ov z rah + + rb ae+4 t` i.' 4 pp♦ 1 on Fm AWOL ER_ WA nt_lr.9 ilow i . i t' 4 12/16/2020 Document: A.C.A. § 19-11-203 AR Bureau of Legislative Services I PAW Document Page < Previous Next > A.C.A. § 19-11-203 Copy Citation Current through all legislation of the 2020 First Extraordinary Session and the 2020 Fiscal Session (through all legislation enacted and approved in 2020) AR - Arkansas Code Annotated Title 19 Public Finance Chanter 11 Purchasing. and Contracts Subchapter 2 — Arkansas Procurement Law 19-11-203. Definitions generally. As used in this subchapter: (1) (A) "Agency procurement official" means any person authorized by a state agency to enter into and administer contracts and make written determinations and findings with respect to contracts, in accordance with procedures prescribed by this subchapter and the rules promulgated under it. (B) "Agency procurement official" also includes an authorized representative acting within the limits of authority; (2) "Business" means any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other legal entity; (3) (A) "Capital improvement" means all lands, buildings, structures, utilities, on -site and off -site improvements, and other appurtenant improvements, existing or future, and all construction, repairs, alterations, and renovations thereof which are undertaken, owned, operated, or otherwise managed by a state agency. (B) "Capital improvement" shall not include construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission, nor shall "capital improvement" include any building, facility, plant, structure, or other improvement constructed by, or in behalf of, the Arkansas Department of Transportation or the State Highway Commission; (4) (A) "Commodities" means all personal property, including without limitation: (i) Goods, as defined in § 4-2-105; r (ii) Leases, as defined in § 4-2A-103; and ' (iii) Insurance. (B) "Commodities" does not include: (i) A lease on real property or a permanent interest in real property; (ii) Exempt commodities and services; and (iii) Capital improvements; (5) https://advance.lexis.com/documentpage/?pdmfid=l 000516&crid=f3077419-3c00-4f4b-9f47-2da318835a93&config=00JAA2ZjZiM2VhNSOwNTVILT03... 1 R 12/16/2C20 AR Bureau of Legislative Services I PAW Documeit'age Document: A.C.A. § 19-11-203 (e) (i) "Contract" includes awards and notices of award, contracts of a fixed -price, cost, cost- plus -a -fixed -fee, or incentive type, contracts providing for the issuance of job or task orders, leases, letter contracts, and purchase orders. (ii) "Contract" also includes supplemental agreements with respect to an,/ of these items. (iii) "Contract" does not include a partial equity ownership agreement as defined under § 19- 11-1301 et seq.; (6) "Contract modification" means any written alteration in specificatiors, delivery point, rate of delivery, period of performance, price, quantity, or other provisions o` any contract accomplished by mutual action of the parties to the contract; (7) "Contractor" means any person having a contract with a state agency; (8) "Data" means recorded information, regardless of form or characteris_ic; (9) "Debarment" means the disqualification of a person to receive invitztions -or bids or requests for proposals or the award of a contract by the state for a spec fied period of time commensurate with the seriousness of the offense or the failure or the inadequacy of performance; (10) "Designee" means a duly authorized representative of a person ho d ng a superior position; (11) "Electronic" means electrical, digital, magnetic, optical, or any other similar technology; (12) "Employee" means an individual drawing a salary from a state age -icy, whether elected or not, and any nonsalaried individual performing personal services for anv agency; (13) "Exempt agencies" means the constitutional departments of the state, the elected constitutional offices of the state, the General Assembly, including the Leg sla-ive Council and the Legislative Joint Auditing Committee and supporting agencies and bureaus thereof, the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorne,/s, and the Administrative Office of the Courts; (14) "Exempt commodities and services" means: (A) Advertising in newspapers, periodicals, and related publications and on television, radio, billboards, and electronic media; (6) Animals procured for medical research; (C) (i) Commodities and services for use in research, education, and treatmert fcr the diagnosis, cure, and prevention of disease, which may be procured with administrative approval through a group purchasing entity serving other public health institutions when substantial savings are available. (ii) A report shall be filed annually with Arkansas Legislative Audit reflectirg t-le justification of and the estimated savings accruing due to the use of this exemption; (D) (i) Commodities procured for resale in cafeterias, commissaries, bookstores, gift shops, canteens, and other similar establishments. (ii) However, these commodities procured shall not be sold or transferred to any agency with the intent of circumventing applicable procurement procedures; (E) (i) Contracts awarded by agencies for the construction of buildings and fac lities and for major repairs. (ii) Theca rnntrart Pxamntinnc shall not Pxtanri to tha nrnriiramPnt of anv rnr-i-nnriitiPq not https://advan ce.lexis. com/d ocumentpage/?pdmfid=1000516&crid=f3077419-3c00-4fob-9f47-2da3l 8835a93&conag=00,1.A2ZjZiM2Vh NSOwNTVILTQ3... 2/7 12116/2020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 reconstruction, and maintenance of roads and bridges in the state highway system and for the county, rural road aid, and city street aid programs; (G) (i) Farm products procured or sold by a state agency having an agency procurement official. (ii) The current trade customs with respect to the procurement or sale of cotton, cotton seed, rice, and other farm products shall be followed when it is necessary to obtain the best price for the commodities procured or sold; (H) Fees, including medical fees and physician fees; (I) Foster care maintenance services provided by foster family homes or a community provider that is licensed as a family style residential home or that provides a family home setting approved by the Division of Children and Family Services for children whose placement and care are the responsibility of the Division of Children and Family Services; (3) Freight and storage charges and demurrage; (K) Licenses required prior to performance of services; (L) (i) Livestock procured by an agency having an official experienced in selection and procurement of livestock. (ii) Such procurement will be reported to the State Procurement Director, giving details of the purchase; (M) Livestock procured for breeding, research, or experimental purposes; (N) Maintenance on office machines and technical equipment; (0) Medical items specifically requested by a physician for treatment or diagnosis of patients in his or her care, including prosthetic devices, surgical instruments, heart valves, pacemakers, radioisotopes, and catheters; (P) Membership in professional, trade, and other similar associations; (Q) Perishable foodstuffs for immediate use or processing; (R) Postage; (5) Published books, manuals, maps, periodicals, films, technical pamphlets, and copyrighted educational aids for use in libraries and for other informational or instructional purposes in instances in which other applicable law does not provide a restrictive means for the acquisition of these materials; (T) Services of visiting speakers, lecturers, and performing artists; (U) Taxes; (V) Travel expense items such as room and board and transportation charges; (W) Utility services or equipment that is defined, recognized, and regulated by the Arkansas Public Service Commission as a monopoly offering; (X) Works of art for museum and public display; (Y) Capital improvements valued at less than the amount stated in § 22-9-203, subject to minimum standards and criteria of the Building Authority Division; (Z) Services related to work force development, incumbent work force training, or specialized business or industry training; (AA) The following commodities and services relating to proprietary software after the initial procurement: (i) Technical support incidental to supporting the continuous operation of proprietary software; (ii) Renewals; (M) Arlditinnal ronia-,- And https://advance.lexis.com/documentpage/?pdmfid=l 000616&crid=f3077419-3c00-4f4b-9f47-2d a 318835a 93&config=00JAA2ZjZiM2VhNSOwNTVILTQ3... 3n 12/16/2020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 for use in goods for resale; (CC) Commodities purchased by the Division of Correction for crop producticr, including without limitation fertilizers, seed, seedlings, and agricultural -related chemica s; (DD) Repair services for hidden or unknown damages to machinery already purchased; and (EE) Commodities and services purchased by an academic medical center using revenue derived from and used for patient care and hospital enterprises; (15) (A) (i) "Grart" means the furnishing by the state of assistance, whether fin arcia or otherwise, to any person to support a program authorized by law. (ii) "Grant' does not include an award the primary purpose of which is to prccure an end product, whether in the form of commodities or services. (B) A contract resulting from such an award is not a grant but a procuremen_ contract; (16) "May" means the permissive; (17) "PaJEr product" means any item manufactured from paper or paperboa-d; (16) "Pe -son" means any business, individual, union, committee, club, or otl-er organization or group of individuals; (19) "Political subdivisions" means counties, municipalities, and school districts; (20) (A) "Procurement" means the buying, purchasing, renting, leasing, or o_henn,ise obtaining of any commcdlties or services. (B) "Procurement" also includes all functions that pertain to the obtaining of any public procurement, including description of requirements, selection and solicitation of sources, preparation and award of contract, disposal of commodities, and all phases of=ontract administrat on; (21) "Prccurement agency" means any state agency that is authorized by this subchapter, by implemerting rules, or by way of delegation from the State Procurement Director to contract on its own behalf rather than through the central contracting authority of the State Procuremert Director; (22) (A) "Procurement agent" means any person authorized by a state agency not -laving an agency procurement official to enter into and administer contracts and snake -4ritten determinati)ns and findings with respect to contracts, in accordance with procedures prescribed by this subchapter. (B) "Procurement agent" also includes an authorized representative actiic within the limits of authority; (23) (A) "Public `unds" means all state -appropriated and cash funds of state acencies, as defined by applicable law or official ruling. (B) Without necessarily being limited thereto, "public funds" does not include: (i) Grants, donations, research contracts, and revenues derived from self-supporting enterprises that are not operated as a primary function of the agency, nc Fart of which funds are deposited into the State Treasury; and (ii) Revenue derived from patient care and self-supporting hospital enterprises of an academic -nedical center; (24) "Public notice" means the distribution or dissemination of informatior to i-iterested nartiPc iminn mPthnric that arP rPavnnahly availahlP ,-iirh mathnric will rftPn rrhiria https://advance.lexis.com/documentpage/?pdmfid=l000516&crid=f3077419-3cOO 4f4b-9f47-2da3l8835a93&corfig=OOJAA2ZjZiM2VhNSOwNTVILTQ3... 417 12/16/2020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 (25) (A) "Purchase request" means that document, written or electronic, in which a using agency requests that a contract be obtained for a specified need. (B) "Purchase request" may include, but is not limited to, the technical description of the requested item, delivery schedule, transportation, criteria for evaluation of solicitees, suggested sources of supply, and information supplied for the making of any written or electronic determination and finding required by this subchapter; (26) "Recycled paper" means paper which contains recycled fiber in a proportion specified by the State Procurement Director; (27) (A) "Services" means the furnishing of labor, time, or effort by a contractor that does not produce tangible commodities. (B) "Services" includes without limitation: (i) Consulting services; (ii) Personal services; (iii) Professional services; (iv) Technical and general services; and (v) The furnishing of labor, time, or effort by a contractor for the generation, customization, configuration, or development of software and other intangible property other than technical support incidental to the procurement of proprietary software. (C) "Services" does not include employment agreements, collective bargaining agreements, exempt commodities and services, or architectural or engineering contracts requiring approval of the Building Authority Division or the Division of Higher Education; (28) "Shall" means the imperative; (29) "Signature" means a manual, an electronic, or a digital method executed or adopted by a party with the intent to be bound by or to authenticate a record which is: (A) Unique to the person using it; (8) Capable of verification; (C) Under the sole control of the person using it; and (D) Linked to data in such a manner that if the data are changed, the electronic signature is invalidated; (30) (A) "State agency" means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the state supported by appropriation of state or federal funds, except an exempt agency pursuant to subdivision (13) of this section. (B) "State agency" includes an exempt agency when any agency or exempt agency procures any item subject to Arkansas Constitution, Amendment 54; (31) (A) "State contract" means a contract for the procurement of commodities or services in volume, awarded by the State Procurement Director. (B) The contract may apply to all or part of the state; (32) "State Procurement Director" means the person holding the position created in § 19- 11-216, as the head of the Office of State Procurement; (33) "Suspension" means the disqualification of a person to receive invitations for bids, requests for proposals, or the award of a contract by the state for a temporary period pending the completion of an investigation and any legal proceedings that may ensue haraucp a narcnn is cimnartr rl nnnn nrnhnhip raiica of annaninn in rrinninal fraiirlidant nr https:l/advance.lexis.com/documentpage/?pdmfid=l 000516&crid=f3077419-3c00-4f4b-9f47-2d a 318835a 93&config=00JAA2ZjZi M2Vh NSOwNTVILTQ3... 517 12/16/2020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 (34) (A) "Technical and general services" means: (i) Work a-complished by skilled individuals involving time, labor, and a degree of expertise, in which performance is evaluated based upon the quality of the work anc the results produced; (ii) Work performed to meet a demand, including, but not limited to, wort of a recurring nature tl-at does not necessarily require special skills or extensive training; or (iii) The furnishing of labor, time, or effort by a contractor or vendor, not involving the delivery of any specific end product other than reports that are incidental to tf a required performance. (8) "Techn cal and general services" shall not be construed to include the prccurement of professio-iel services under § 19-11-801 et seq.; (35) "Us'ng agency" means any state agency which utilizes any commodi--ies or services purchase) ander this subchapter; and (36) "Written" or "in writing" means the product of any method of forming characters on paper, other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. History Acts 1979, Io. 482, § 12; 1981, No. 600, §§ 1-5; A.S.A. 1947, § 14-240; Acts 1987, No. 983, § 1; 1991, No. 128, § 1; 1991, No. 749, § 2; 1991, No. 1018, § 1; 199S, No. 1398, § 27; 2001, No. 961, § 7; 2001 No. 1237, § 2; 2001 No. 1568, § 1; 2003, No. 487, § 1; 2003, No. 1315, §§ 4-7; 2005, No. 1680, § 1; 2007, No. 478, § 2; 2009, No. 251, § 28; 2009, No. 605, § 20; 2009, No. 606, § 20; 2009, No. 1211, § 1; 2011, No. 734, § 1; 2013, No. 453, § 1; 2015, No. 218, § 21; 2015, No. 557, § 3; 2017, No. 609, §§ 1, 2; 2017, No. 707, § 58; 2017, No. 893, § 2; 2019, No. 315, §§ 1751, 1752; 2019, Nc. 417, §§ 1-3; 2019, No. 658, § 3; 2019, No. 910, §§ 6102, 6103. Arkansas Code of 1987 Annotated Official Edition Copyright © 2020 by the State of Arkansas All rights reserved < Previous Next > nttps://advance.lexis.com/documer tpage/?pdmfid=l000516&crid=f3O77419-3c00-4f4b-9f47-2da318835a93&config=00.PA2ZjZiM2VhNSOwNTVILTQ3... 6/7 12/1612020 AR Bureau of Legislative Services I PAW Document Page Document: A.C.A. § 19-11-203 1 , I VOI.y , VI,\.y 1�., Ii1J u< 1rV114,1.IV11J Copyright © 2020 LexisNexis. hftps:fladvance.lexis.com/documentpage/?pdmfidml 00051 6&crid=f3O77419-3cOO-4f4b-9f47-2da318835a93&config=00JAA2ZjZIM2Vh NSOwNTVILTQ3... 717