1337 ORDINANCE NO. 1337 ( #4 - 08)
AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE if 3.08
ET SEQ. SO AS TO MODIFY PURCHASING AND SALE REQUIREMENTS
OF THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES.
WHEREAS, the City of Jacksonville, though authorized to do so by State
statute since 2005, has delayed implementation of increased purchasing and sale
requirements; and,
WHEREAS, recent purchases and circumstances lead the Mayor and
Department officials to recognize the benefit of modifying the City's purchasing
limitations and sale requirements to insure more efficient and effective use of tax
dollars, City assets, and employee services and time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: Jacksonville Municipal Code 3.08. shall be modified to reflect
the following amendments, changes, deletions, and modifications:
3.08.003 Purchase Authority
All purchases shall be accomplished in compliance with ACA § 1458 -301 et.
seq.
3.08.004 Purchasing Manual and Ordinances
All departments and officials of the City of Jacksonville shall abide by and
follow the City of Jacksonville Purchasing Manual. All regulations and procedures
mandated by said Manual shall remain in full force and effect unless otherwise
specifically modified or superseded herein.
3.08.010 Expenditures UD To Five Thousand Dollars ($5,000.00)
All expenditures or purchases on behalf of the City for the acquisition or
purchase of apparatus, equipment, labor, services, or supplies shall be made by the
Mayor or his duly authorized representative(s) without the necessity of obtaining
bids or quotations for those expenditures or purchases not exceeding Five Thousand
Dollars ($5,000.00).
3.08.020 Expenditures above Five Thousand Dollars ($5.000.001
but below Ten Thousand Dollars (510,000.00)
All expenditures or purchases on behalf of the City for the acquisition or
purchase of apparatus, equipment, labor, services, or supplies shall be made by the
Mayor or his duly authorized representative(s) shall be made after obtaining verbal
or written bids or quotations for those expenditures or purchases above Five
Thousand Dollars ($5,000.00) but not exceeding Ten Thousand Dollars
($10,000.00). All expenditures or purchases made by or through the State Bidding
Program shall be exempted from these provisions as more specifically outlined in
JMC § 3.08.060 et. al.
3.08.030 Expenditures above Ten Thousand Dollars
($10.000,00) but below Twenty Thousand Dollars
($20,000.00)
All expenditures or purchases on behalf of the City for the acquisition or
purchase of apparatus, equipment, labor, services, or supplies shall be made by the
Mayor or his duly authorized representative(s) shall be made after obtaining written
bids or quotations (in any applicable medium) for those expenditures or purchases
above Ten Thousand Dollars ($10,000.00) but not exceeding Twenty Thousand
Dollars ($20,000.00). All expenditures or purchases made by or through the State
Bidding Program shall be exempted from these provisions as more specifically
outlined in JMC § 3.08.060 et. al.
ORDINANCE NO. 1337 ( #4 — 08)
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3.08.040 Expenditures exceeding Twenty Thousand Dollars
($20,000.001
Where the amount of expenditure or purchase for the acquisition or
purchase of apparatus, equipment, labor, services, or supplies exceeds the sum of
Twenty Thousand Dollars ($20,000.00), the Mayor or his duly authorized
representative shall invite competitive bids thereon by legal advertisement in any
local newspaper with a minimum of one (1) publication. Bids received pursuant to
the advertisement shall be opened and read on the date set for receiving the bids in
the presence of the Mayor or his duly authorized representative. The acquisition,
purchase, or contract shall be awarded to the lowest responsive and responsible
bidder, provided that the Mayor, his duly authorized representative, and /or the City
Council may reject any and all bids received. All expenditures or purchases made
by or through the State Bidding Program shall be exempted from these provisions
as more specifically outlined in JMC § 3.08.060 et. al.
3.08.041 Exceptions, Exemptions, and Modifications
(1) In the event that all bids submitted for a project exceed the amount
appropriated for the award of the contract, and if bidding on alternates was
not required by the plans and specifications, City officials shall have the
authority to negotiate an award with the apparent responsible low bidder,
but only if the low bid is within Twenty-five percent (25 %) of the amount
appropriated by the City for the project.
(2) If the plans and specifications for the project require bids on alternates in
addition to a base bid, there shall be no more than three (3) alternates and
the alternates shall: (A) Be deductive; and, (B) Be set forth in the plans and
specifications in numerical order.
(3) If all bids submitted exceed the amount appropriated for the award of the
contract, City officials may determine the apparent responsible low bidder by
deducting the alternatives in numerical order.
(4) After making the deductions, if the cost of the project is Tess than Twenty-
five percent (25 %) above the amount appropriated for the project, then and
only in that event may City officials negotiate a ward with the low bidder so
determined.
(5) Whenever it is obvious from examination of the bid document that it was the
intent of the bidder to submit a responsible bid and the bid, if accepted,
would create a serious financial loss to the bidder because of error such as
transposition of figures, City Officials have the authority to relieve the bidder
from responsibility under his bond and may reject this bid.
(6) For all bid projects, City officials shall have designated and derived that; (a)
the City Has the funds available to cover the costs associated with the
project as bid; and, (b) have allocated those funds available for payment of
the cost associated with this project.
(7) No contract providing for the making of major repairs, alterations, for the
erection of buildings or other structures, or for making other permanent
improvements with costs exceeding Seventy-five Thousand Dollars
($75,000.00) shall be entered into by the City unless the bidding documents
contain statements which encourage the participation of small, minority, and
women's business enterprises.
No bidding will be required for contract providing major alterations, repairs, for the
erection of buildings or other structures, or for making permanent improvements to
City property when all estimated costs of work required does not exceed the sum of
Twenty Thousand Dollars ($20,000.00).
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ORDINANCE NO. 1337 ( #4 — 08)
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3.08.042 Payment Approval
The Mayor or his duly authorized representative may approve for payment
out of any funds previously appropriated for that purpose or disapprove any bills,
debts, or liabilities asserted as claims against the City, when funds on hand are
adequate to pay such bills, debts or liabilities. The payment or disapproval of any
bills, debts or liabilities not covered by a previous appropriation shall require
confirmation of the governing body.
3.08.043 Preference
In awarding bids and /or purchase orders, a Five Percent (5 %) preference will
be given to vendors who, in accordance with ACA §19 -11 -259 as amended, so
qualify.
3.08.050 Procedure - Supplies, Materials, or Equipment
The Mayor or his duly authorized representative may sell or exchange any
municipal supplies, materials, or equipment without competitive bidding if such
supplies, materials or equipment have a value of less than Four Thousand Dollars
($4,000.00). The Mayor or his designated representative shall certify in writing that,
in his opinion, the fair market value of such item or lot (to be disposed of in one
unit) is less than Four Thousand Dollars ($4,000.00), and said item or lot may be
sold by the Mayor or his designated representative without competitive bidding.
No municipal supplies, materials, or equipment shall be sold without
receiving competitive bids if said item's value thereof exceeds the sum of Four
Thousand Dollars ($4,000.00).
3.08.080 Property Disposal
Surplus personal property shall be disposed of in accordance with this
Chapter and State law after that property has been declared surplus by the
appropriate Department Head and written approval of such declaration by the
Mayor or the Aldermen. Methods of disposal can include but are not limited to:
Open bids; Sealed bids; or, Public auction. Disposal method shall be advertised in
compliance with the terms of this Chapter and State law.
SECTION TWO: All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION THREE: This Ordinance shall take effect immediately
upon passage and publication, as provided by and subject to the requirements of
applicable law.
APPROVED AND ADOPTED THIS I DAY OF MAY, 2008.
CITY OF JACKSONVILLE, ARKANSAS
TOMMY SWAN, MAYOR
ATTEST:
SUSAN JA ITT, C CLERK
.. oR
ROBE "T E. BA BJ ORNEY