Agenda - Council - 05/27/1980 - Laserfiche WebLink

Home

Purchasing and contracting issues Special elections The League does not believe that an extensive and comprehensive revision of the laws regulating cities' purchasing and contracting, such as would result from adoption of the American Bar Associa- tion's Model Procurement Code, is needed at this time. Amendments should be made only to address specific, demon- strated problems with the bidding and purchasing process. Such amendments should recognize the differences which exist among jurisdictions of different types and sizes, and should avoid requiring unnecessarily complex procedures for pur- chasing and contracting. Some cities have found it difficult or impossible to get bids fo materials which are in short supply, notably fuels. Since this problem is likely to worsen in the fu- ture, a mechanism should be created for making such purchases when competitive bidding has failed. Problems arise in attempting to purchase certain types of items through competi- tive bidding. Two examples are 1) "high technology" items such as electronic data processing equipment, where it is diffi- cult or impossible to draw precise speci- fications which allow true competition;. and 2) employee health insurance, where it is impossible to precisely compare the respective cost of insured and self-insured plans. A more flexible "competitive pro- posa[" mechanism should be created for making such purchases. This mechanism should be strictly limited as to the types of purchases to which it would apply, and should preserve the elements of open, impartial competition which is the intent of competitive bidd ing. o The requirement of accepting the lowest responsible bid should be modified to permit acceptance of either of the two lowest responsible bids or of any bid within 5% of the lowest responsible bid over $100,000 and 10% of the lowest res- ponsible bid under $100,000; provided that if a government body accepts other than the lowest responsible bid, it shall state its reasons for doing so. Now that statutory cities have uniform terms of office for elective officials, the League sug- gests that vacancies in elected office be filled by election at the next regular city or general elec- tion date consistent with filing and absentee bal- lot requirements. Candidates to fill a council vacancy should be so identified on the ballot by term of office. City councils should retain the authority, however, to fill the vacancy by appoint- ment until the election is held and the successor qualifies. Tort liability In view of the escalating costs of providing insurance coverage to cities, an affirmative effort to minimize changes in the current governmental tort liability law applicable to cities seems essen- tial. Therefore, the League suggests that the legis- lature recognize that cities are diverse and that any law governing tort liabilities of cities accommo- date that diversity by permitting maximum discre- tion to local governing bodies to determine poli- cies as to payment of claims and procedures by which those claims would be paid. In the event that the legislature determines that change in the existing law is absolutely required, that change should only be in the direction of making the local government tort liability statute more similar to the state governmental' tort lia- bility law. Cable television Approximately 150 Minnesota cities receive cable TV service, and under present law cities are responsible for setting rates and can impose franchise fees. The League believes this law has allowed local communities to provide input into an important community service and that it should not be modified to diminish local control. Improved City Code Municipal laws have been enacted in a piecemeal fashion over the years, often to meet a special need in a particular class of cities with little regard to the desirability of applying the laws to other cities or meeting broader needs as well. As a result of this gradual accretion of miscellaneous statutes, the statute books have contained a hodge-podge of municipal laws, many inconsistent or over- -15-