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Minnesota Legislature

Office of the Revisor of Statutes

SF 3622

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to local government; changing the contract threshold amounts subject
to certain requirements of the Uniform Municipal Contracting Law; amending
Minnesota Statutes 2006, sections 103E.705, subdivisions 5, 6, 7; 471.345,
subdivisions 3, 4; Minnesota Statutes 2007 Supplement, section 471.345,
subdivisions 3a, 4a, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 103E.705, subdivision 5, is amended to
read:


Subd. 5.

Repairs deleted text beginless than $50,000deleted text endnew text begin not subject to bidding requirementsnew text end.

If the
drainage authority finds that the estimated cost of repairs and maintenance of one drainage
system for one year will be less than the greater of deleted text begin$50,000deleted text endnew text begin the dollar amount requiring the
solicitation of sealed bids under section 471.345, subdivision 3,
new text end or $1,000 per mile of open
ditch in the ditch system, it may have the repair work done by hired labor and equipment
without advertising for bids or entering into a contract for the repair work.

Sec. 2.

Minnesota Statutes 2006, section 103E.705, subdivision 6, is amended to read:


Subd. 6.

Annual repair assessment levy limits.

The drainage authority may give
notice of and hold a hearing on the repair levy before ordering the levy of an assessment
for repairs. In one calendar year the drainage authority may not levy an assessment for
repairs or maintenance on one drainage system for more than 20 percent of the benefits of
the drainage system, $1,000 per mile of open ditch in the ditch system, or deleted text begin$50,000deleted text endnew text begin the
dollar amount requiring the solicitation of sealed bids under section 471.345, subdivision
3
new text end, whichever is greater, except for a repair made after a disaster as provided under
subdivision 7 or under the petition procedure.

Sec. 3.

Minnesota Statutes 2006, section 103E.705, subdivision 7, is amended to read:


Subd. 7.

Repair and construction after disaster.

The drainage authority may
repair and reconstruct the drainage system without advertising for bids and without regard
to the $1,000 per mile of open ditch or deleted text begin$50,000deleted text endnew text begin the dollar amount requiring the solicitation
of sealed bids under section 471.345, subdivision 3,
new text end limitation if:

(1) a drainage system is destroyed or impaired by floods, natural disaster, or
unforeseen circumstances;

(2) the area where the drainage system is located has been declared a disaster
area by the President of the United States and federal funds are available for repair or
reconstruction; and

(3) the public interests would be damaged by repair or reconstruction being delayed.

Sec. 4.

Minnesota Statutes 2006, section 471.345, subdivision 3, is amended to read:


Subd. 3.

Contracts over deleted text begin$50,000deleted text endnew text begin $100,000new text end.

If the amount of the contract is
estimated to exceed deleted text begin$50,000deleted text endnew text begin $100,000new text end, sealed bids shall be solicited by public notice in the
manner and subject to the requirements of the law governing contracts by the particular
municipality or class thereof deleted text beginprovided thatdeleted text endnew text begin.new text end With regard to repairs and maintenance of
ditches, deleted text beginbids shall not be required if the estimated amount of the contract does not exceed
the amount specified in
deleted text endnew text begin the provisions ofnew text end section 103E.705, subdivisions 5, 6, and 7new text begin, applynew text end.

Sec. 5.

Minnesota Statutes 2007 Supplement, section 471.345, subdivision 3a, is
amended to read:


Subd. 3a.

Contracts over deleted text begin$50,000deleted text endnew text begin $100,000new text end; best value alternative.

As an
alternative to the procurement method described in subdivision 3, municipalities may
award a contract for construction, alteration, repair, or maintenance work to the vendor or
contractor offering the best value under a request for proposals as described in section
16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

Sec. 6.

Minnesota Statutes 2006, section 471.345, subdivision 4, is amended to read:


Subd. 4.

Contracts from deleted text begin$10,000deleted text endnew text begin $25,000new text end to deleted text begin$50,000deleted text endnew text begin $100,000new text end.

If the amount of
the contract is estimated to exceed deleted text begin$10,000deleted text endnew text begin $25,000new text end but not to exceed deleted text begin$50,000deleted text endnew text begin $100,000new text end,
the contract may be made either upon sealed bids or by direct negotiation, by obtaining
two or more quotations for the purchase or sale when possible, and without advertising for
bids or otherwise complying with the requirements of competitive bidding. All quotations
obtained shall be kept on file for a period of at least one year after receipt thereof.

Sec. 7.

Minnesota Statutes 2007 Supplement, section 471.345, subdivision 4a, is
amended to read:


Subd. 4a.

Contracts from deleted text begin$10,000deleted text endnew text begin $25,000new text end to deleted text begin$50,000deleted text endnew text begin $100,000new text end; best value
alternative.

As an alternative to the procurement method described in subdivision 4,
municipalities may award a contract for construction, alteration, repair, or maintenance
work to the vendor or contractor offering the best value under a request for proposals as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

Sec. 8.

Minnesota Statutes 2007 Supplement, section 471.345, subdivision 5, is
amended to read:


Subd. 5.

Contracts new text begin$25,000 or new text endless deleted text beginthan $10,000deleted text end.

If the amount of the contract is
estimated to be deleted text begin$10,000deleted text endnew text begin $25,000new text end or less, the contract may be made either upon quotation
or in the open market, in the discretion of the governing body. If the contract is made upon
quotation it shall be based, so far as practicable, on at least two quotations which shall be
kept on file for a period of at least one year after their receipt. Alternatively, municipalities
may award a contract for construction, alteration, repair, or maintenance work to the
vendor or contractor offering the best value under a request for proposals as described in
section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).