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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'
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Document: A.C.A. § 19-11-203
AR Bureau of Legislative Services I PAW Document Page
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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)
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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
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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
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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
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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
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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
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