Senate Bill #2439 (2018)

AN ACT AMENDING THE CHARTER OF NORTH PROVIDENCE

Increases the amount of purchases the North Providence's purchasing agent may purchase an item, without bid, from $1,500 to $2,500.

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Changes since original draft

  • 2018 – S 2439
  • 2018 – S 2439 SUBSTITUTE A
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  • LC004070
  • LC004070/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • AMENDING THE CHARTER OF NORTH PROVIDENCE
  • Introduced By: Senators Ciccone, Ruggerio, Paolino, Nesselbush, and Archambault
  • Date Introduced: February 15, 2018
  • Referred To: Senate Judiciary
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Article 20, Chapter 1, Sections 20-1-2 and 20-1-3 of Chapter 471 of the 2014 Public Laws entitled "An Act Amending the Charter of North Providence", are hereby amended to read as follows:
  • 20-1-2. Meetings.
  • The board shall hold regularly scheduled meetings and give written notice of regularly scheduled meetings at the beginning of each calendar year. The notice shall include the dates, times, and places of the meetings and shall be provided to members of the public upon request and to the secretary of state at the beginning of each calendar year in accordance with chapter 46 of title 42, "Rhode Island Open Meetings Act."
  • The board shall give supplemental written public notice of any meeting within a minimum of forty-eight (48) hours before the date. This notice shall include the date the notice was posted, the date, time, and place of the meeting, and a statement specifying the nature of the business to be discussed. Notwithstanding the aforementioned forty-eight (48) hour notice, this supplemental notice shall be provided to the members of the board at least two weeks (2) in advance of the meeting(s).
  • In the event of an emergency affecting the public safety, health or welfare, on the written recommendation of the purchasing agent, additional meetings of the board may be held provided that written notice of the meeting, as provided under the Rhode Island Open Meetings Act, as amended, is given.
  • SECTION 1. Article 20, Chapter 1, Sections 20-1-2 and 20-1-3 of Chapter 471 of the 2014 Public Laws entitled "An Act Amending the Charter of North Providence", are hereby amended to read as follows:
  • Sec. 20-1-2. Meetings.
  • The board shall hold regularly scheduled meetings and give written notice of regularly scheduled meetings at the beginning of each calendar year. The notice shall include the dates, times, and places of the meetings and shall be provided to members of the public upon request and to the secretary of state at the beginning of each calendar year in accordance with chapter 46 of title 42, "Rhode Island Open Meetings Act."
  • The board shall give supplemental written public notice of any meeting within a minimum of forty-eight (48) hours before the date. This notice shall include the date the notice was posted, the date, time, and place of the meeting, and a statement specifying the nature of the business to be discussed. Notwithstanding the aforementioned forty-eight (48) hour notice, this supplemental notice shall be provided to the members of the board at least two weeks (2) in advance of the meeting(s).
  • In the event of an emergency affecting the public safety, health or welfare, on the written recommendation of the purchasing agent, additional meetings of the board may be held provided that written notice of the meeting, as provided under the Rhode Island Open Meetings Act, as amended, is given.
  • The board shall hold all meetings at the North Providence town hall. All meetings shall be held on weekdays at 6:00 p.m.
  • The agenda, the time, and the location of each meeting, except an emergency meeting as hereinabove provided, shall be advertised in a paper of local circulation on the town's website and within town hall on the Public Notice Bulletin Board at least one week prior to the meeting.
  • 20-1-3. Processing prior to requesting bids and upon Submission of Bids.
  • Sec. 20-1-3. Processing prior to requesting bids and upon Submission of Bids.
  • (a) Prior to sending out the Request For Proposal, the treasurer must approve, in writing, to the purchasing board, a written certification of the line item in the budget that supports the purchase.
  • (b) All purchases requiring the submissions of bids pursuant to state law or this charter, at the time they are submitted to either the town or the purchasing agent, shall be time stamped by the purchasing agent or the town when submitted. No bid submitted after the time set for submission in the bid specifications shall be considered by the board. The purchasing agent may declare a general amnesty to this requirement in the event of severe weather or other state of emergency, such that town offices are closed or mail is otherwise undeliverable. Said general amnesty shall be until a time immediately following said severe weather or state of emergency.
  • (b) All purchases requiring the submissions of bids pursuant to state law or this charter, at the time they are submitted to either the town or the purchasing agent, shall be time stamped by the purchasing agent or the town when submitted. No bid submitted after the time set for submission in the bid specifications shall be considered by the board.
  • (c) The purchasing agent may declare a general amnesty to this requirement in the event of severe weather or other state of emergency, such that town offices are closed or mail is otherwise undeliverable. Said general amnesty shall be until a time immediately following said severe weather or state of emergency.
  • (d) Should the town post an addendum to any bid specifications after they have been circulated to proposed bidders, the purchasing agent may extend the time for bid submissions to a date no later than fourteen (14) days from the original date of bid submissions.
  • SECTION 2. Article 20, Chapter 2, Section 20-2-1 of Chapter 273 of the 1999 Public Laws entitled "An Act Amending the Charter of North Providence" is hereby further amended to read as follows:
  • 20-2-1. Procedure.
  • Sec. 20-2-1. Procedure.
  • All purchases for construction exceeding an aggregate amount of Ten Thousand ($10,000.00) Dollars and for all other purchases exceeding an aggregate amount of Five Thousand ($5,000.00) Dollars shall be made only by bids except, that this procedure shall not be enforced for purchases required in connection with an emergency as defined in Section 2-1-6 (d) of this Charter.
  • All purchases not exceeding an aggregate amount of Ten Thousand ($10,000.00) Dollars for construction and Five Thousand ($5,000.00) Dollars for all other purchases shall be made by obtaining written or telephone quotations from at least three (3) suppliers/contractors of the items/services. A record of all such purchases and quotations shall be retained by the Purchasing Agent. In the event that there are available less than three (3) suppliers of the items/services, such lessor number of suppliers may be requested to quote prices.
  • Purchasers of items with a value of items/services with a value of less than Fifteen Hundred ($1,500.00) Twenty-Five Hundred ($2,500) Dollars shall be authorized to be made by the Purchasing Agent.
  • All items which are essentially a unit, are made normally on a recurring basis or which can be purchased more economically in larger quantity, shall be purchased in such a quantity as the Purchasing Agent may direct for the greatest economical advantage to the Town. The Purchaser shall not be fractionalized to circumvent the intent of this Section. The Purchasing Board may declare void any purchase it deems to have been made in such a manner as to intentionally defeat the intent of the Section and the person making the purchase may be held personally liable for any resulting loss or other damages to the Town.
  • In order to operate as a central purchasing agency or to otherwise make purchases more economically, the Purchasing Agent may require each office, department or other agency to submit at specified times, a list of items and of their quantity as may be needed within designated periods.
  • The amount set forth in this Section shall be increased or decreased annually at the same rate as the Boston Regional Consumer Price Index.
  • SECTION 3. This act shall take effect upon passage.
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  • LC004070
  • LC004070/SUB A
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • AMENDING THE CHARTER OF NORTH PROVIDENCE
  • ***
  • This act would require the town of North Providence to post the agenda for its purchasing board meetings on its town website and in the town hall on the public notice bulletin board, at least one week prior to meeting. It would increase from fifteen hundred dollars ($1,500) to twenty-five hundred dollars ($2,500) the maximum amount the town purchasing agent could authorize the purchases of items/services. It would also authorize the town's purchasing agent to declare a general amnesty period due to severe or other state emergencies from the purchasing bid's submission date. Finally it would authorize the purchasing agent to extend the original bid submission deadline if the town posted an addendum to the original bid's specifications.
  • This act would take effect upon passage. ======== LC004070 ========
  • This act would take effect upon passage. ======== LC004070/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

March 22, 2018 at 4:40pm
Yeas: 32 / Nays: 0 / Not voting: 4 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne NV
Sen. Crowley NV
Sen. DaPonte Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag NV
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis NV
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y

Floor vote for PASSAGE

May 10, 2018 at 4:23pm
Yeas: 69 / Nays: 0 / Not voting: 6 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey NV
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha NV
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy NV
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin NV
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi NV
Rep. Tobon Y
Rep. Ucci NV
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y