City of Somerville header
File #: 199553    Version: 1
Type: Ordinance Status: Placed on File
File created: 5/4/2015 In control: City Council
On agenda: 6/25/2015 Final action: 12/10/2015
Enactment date: 6/25/2015 Enactment #: 199553
Title: Requesting revisions to the City Charter and Ordinances to adjust the threshold for written contracts to align with MA General Law.
Code sections: Ordinance Not Zoning -
Attachments: 1. 2015-contracts 30B Final, 2. 2015-HRP Purchasing-amend ch 46A Final

  Agenda Text

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Requesting revisions to the City Charter and Ordinances to adjust the threshold for written contracts to align with MA General Law.

 

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Official Text

To the Honorable Board:

 

I respectfully request your acceptance of proposed language to adjust the threshold for written contracts from the specific amount of $5,000 to align with the threshold for written contracts in Mass. General Laws.

 

M.G.L. c. 30B, § 17(a) states that “All contracts in the amount of $10,000 or more shall be in writing, and the governmental body shall make no payment for a supply or service rendered prior to the execution of such contract.”

 

At this time, I request your approval, to replace the first sentences in the Code of Ordinances Sections 2-369(a)(3) and 2-369(b)(3) respectively to reference the thresholds for writing requirements in Mass. General Laws rather than tie such thresholds to fixed amounts. 

 

In accordance with the requested revision to the Ordinance, I request your approval to proceed with an amendment to the City Charter as follows:

 

SECTION 1.  Section 46A  of Chapter 240 of the acts of 1899, as most recently amended by Chapter 201 of the Acts of 1993, is hereby further amended by replacing the first sentence to read as follows: “All contracts, made by any department, board, or commission of the City, shall comply with applicable state law with respect to thresholds for writing requirements, and no such contract required to be in writing shall be deemed to have been executed until the approval of the mayor and the department, board or commission making the contract has been affixed thereto.  When contracts are required to be in writing under applicable state law, contracts for supplies, services, and construction may be subject to additional signature requirements under applicable ordinances.”

SECTION 2.  This act shall be effective upon passage.

 

Thank you for your consideration in this matter.

 

Respectfully submitted,

 

Joseph A. Curtatone, Mayor