11/22/71 Board of Public Works Minutes

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130 11/22/71 provide that in the case of the purchase of materials and supplies where the total amount does not exceed $5000.00, the purchase may be made in the open market without giving of notice or the re- ceiving of bids. The bid in the present instance by Don Medow Motors, Inc,, is for two automobiles in the aggregate amount of $4,976.48. "Thus, the question resolves itself to one of whether the $4000.00 or the $5000.00 provision of the statute governs this purchase. The narrower question is whether automobiles are equipment and if so are they included within the $4000.00 or the $5000.00 provision. "An attorney general's opinion, 1965 O.A.G. No. 49, p. 257, holds, in construing the term ' supplies and materials' as such term is used in another statute, that supplies and materials refer to any and all personal property of every kind and description which any executive department may purchase for city use. Cited in support of this conclusion is Burns, Sec. 48-7007, which so defines the term 'supplies and materials.' "It is submitted that this attorney general's opinion is of doubtful applicability in construing terminology used in a different, although somewhat related, statute. Also, to hold that materials and supplies necessarily include equipment, would render any distinction intended by the Legislature in making a differentiation as to purchases of $4000.00 and $5000.00 a nullity. "It, therefore, seems that the only safe and logical construction of the statute is that equipment is not embraced within materials and supplies and that the purchase of automobiles, which are equip- ment, is covered by the $4000.00 maximum. "It would further seem that since these vehicles are replacement automobiles and not fleet purchases, the Board of Works could purchase the same individually and not violate the requirement of purchases to be on a unit basis as required by the same statute. The term unit basis has been construed by the aforementioned attorney general's opinion to mean the annual requirements of any governmental unit, based upon the fiscal year. Very truly yours, CITY OF SOUTH BEND s/ Robert M. Parker, Assistant City Attorney." WAGE SCALES FOR 1972 Upon motion made, seconded and carried, the following wage scales for 1972 were approved by the Board, and "Amendment to the Memorandum of Understand- ing 5/1/70 through 4/30/73" was signed by the Board and referred to H. Wayne Brownell, Personnel Director, for signature of Local Union No. 364 affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and helpers of America. Street Department City Cemetery General labor $2,91 per hr. Skilled labor 1 $3.17 per hr. Skilled labor 1 $3.17 per hr. Equipment Operator 1 $3.28 per hr. Medium Equipment operator $3.29 per hr. Skilled Labor II $3.39 per hr. Heavy equipment operator $3.51 per hr. Sanitation Department Truck drivers $139.65 per week Laborers $122.85 per week