[Ord. No. 162 §4, 8-20-1997; Ord. No. 264 §1, 5-15-2000; Ord. No. 544 §1, 12-17-2007]
A.
Conflict Of Interest. Each officer, agent and employee of
the City is hereby prohibited from accepting, directly or indirectly,
from any person to whom any purchase order or contract is or might
be awarded, any rebate, gift, money or anything of value whatsoever.
B.
General Purchasing Duties Of The Mayor. In addition to any
other duties prescribed by ordinance, the Mayor shall direct, supervise
and be responsible for the procurement and acquisition of all materials,
supplies, equipment and contractual services required by the City
which are funded wholly or partially, either directly or indirectly,
by City funds.
C.
Items Ten Thousand Dollars Or Less. The Mayor, without
prior authority and without formal bids, may purchase, issue purchase
orders, contract or otherwise acquire in the open market all goods
and services with a value of less than ten thousand dollars ($10,000.00).
Such acquisition shall be based upon sound procurement principles.
Whenever practicable, purchases shall be based upon quotations from
two (2) or more vendors. Notwithstanding the foregoing, any and all
formal contracts for services or items of equipment purchased by sealed
bids must be approved by the Board of Aldermen.
D.
Items Fifteen Thousand Dollars Or Less. In addition to the authority in Subsection (C), the Mayor, with approval of the President of the Board of Aldermen or another Alderman if the President of the Board is unavailable, but without prior authority from the Board of Aldermen and without formal bids, may purchase, issue purchase orders, contract or otherwise acquire in the open market goods and services with a value from ten thousand dollars ($10,000.00) up to fifteen thousand dollars ($15,000.00). Such acquisition shall be based upon sound procurement principles. Whenever practicable, purchases shall be based upon quotations from two (2) or more vendors. Notwithstanding the foregoing, any and all formal contracts for services or items of equipment purchased by sealed bids must be approved by the Board of Aldermen.
E.
Items More Than Fifteen Thousand Dollars But Less Than Twenty Thousand
Dollars. A purchase, purchase order or contract not procured through the formal bidding process of Subsection (F) and in excess of fifteen thousand dollars ($15,000.00) but less than twenty thousand dollars ($20,000.00) may be made or issued and become valid only when approved by the Board of Aldermen, who shall have determined that there is sufficient unencumbered balance in the budget to fund such purchase, purchase order or contract.
F.
Formal Bidding Procedures.
1.
Supplies, materials, equipment and contractual services shall be
procured only after formal written bids when the value of the proposed
procurement is twenty thousand dollars ($20,000.00) or more or when
directed by the Board of Aldermen or required by State law. The procurement
of several items of the same type at substantially the same time is
a single purchase for the purpose of this Section and the total cost
of all of such items will determine whether a formal competitive bidding
procedure must be followed. No contract or purchase shall be subdivided
to avoid competitive bidding procedures.
2.
Such bids shall be invited through a notice to be published by the
City Clerk in a newspaper of general circulation at least two (2)
weeks prior to the date specified for submission of bids. A public
notice shall also be posted in a prominent and public place. Such
notice shall include:
a.
A general description of the supplies, materials, equipment or contractual
services to be procured;
b.
The conditions of such procurement;
c.
The place where specifications and bid forms may be secured;
d.
The time and place for submitting such bids; and
e.
The time and place for acceptance of bids.
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When feasible, the City Clerk shall also solicit bids by mailing
copies of the specifications and bidding documents to known prospective
vendors.
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3.
All bids for any contract or purchase may be rejected with or without
reason and a provision to this effect shall be included in all notices
or advertisements.
4.
All bids shall be sealed, shall be identified as bids on the envelope
and shall be submitted within the time and at the place stated in
the public notice inviting bids. The time of receipt of each bid shall
be entered by the receiving employee on the envelope containing such
bid.
5.
The City Clerk shall open all bids as soon as practicable after the
time to submit bids has expired and shall prepare a written summary
of all bids prior to the next regular meeting of the Board of Aldermen.
All bids received shall be made available for inspection as public
records and results of the bidding and awarding of contracts shall
be posted in a prominent and public place at the City Hall. Notwithstanding
the foregoing, the Board of Aldermen may require a public opening
of bids for any purchase or acquisition.
6.
After presentation of the available data, the Board of Aldermen,
at a regular or special meeting, shall award any contract based on
the proposal that, in its sole discretion, best meets the interests
and requirements of the City. The Board of Aldermen, in its sole discretion,
may reject any and all proposals or portions thereof, waive technicalities
or deficiencies in any or all the proposals, negotiate with any or
all bidders or others for more favorable terms or prices or award
the contract to a bidder other than the bidder submitting the lowest
cost proposal, with or without negotiation.
7.
Subsequent to the award by the Board of Aldermen and ordinance duly
enacted, the Mayor shall by purchase order or formal contract enter
into an agreement with the bidder selected by the Board for procurement
of the goods and services to be provided.
8.
When deemed necessary by the Board of Aldermen, bid deposits may
be required. Such deposits may be required to be in the form of a
certified check or bid bond and may be for the amount of five thousand
dollars ($5,000.00) or ten percent (10%) of the amount of the bid,
whichever is greater. When so required, all bids not accompanied by
such deposit shall be rejected. Such bid deposit shall be returned
to all bidders upon execution of a contract with, or of a purchase
order to, the successful bidder. A successful bidder shall forfeit
his/her deposit if he/she fails to enter into a contract within twenty
(20) days after the award.
9.
The successful bidder may be required to post a performance bond
whenever the same is deemed appropriate by the Board of Aldermen;
provided however, such requirement is set forth in the conditions
of bidding. Such performance bond may be in the form of a specified
amount or a percentage of the value of the proposed purchase. Such
terms as may be deemed appropriate to protect the interest of the
City shall be established in the conditions of bidding.
G.
Negotiated Sales. Notwithstanding anything herein, the Board
of Aldermen may approve negotiated procurement of goods or services
if there have been no responsive bids to an advertisement for bids,
if the Board has rejected all bids or if the Board determines that
exigent circumstances require immediate procurement of the goods or
services at issue.
[Ord. No. 162 §5, 8-20-1997; Ord. No. 264 §1, 5-15-2000; Ord. No. 544 §1, 12-17-2007]
A.
Sole Source Items. The Board of Aldermen may by resolution
approve negotiated procurement of goods or services of a value in
excess of twenty thousand dollars ($20,000.00) without requiring formal
competitive bids if the Board determines that such goods are of such
specialized or non-standard nature that they can be acquired only
from a sole source of supply and that no similar standard goods would
reasonably satisfy the City's requirements.
B.
Professional Services. When professional services in addition
to those provided by the City's officers and employees are required
by the City, investigation shall be made in the manner directed or
approved by the Board of Aldermen concerning persons or companies
who perform the required service. On the basis of such investigation,
the Board of Aldermen shall then designate or approve one (1) or more
of such persons or companies for negotiation. The Board of Aldermen
may then by ordinance approve a contract for the required professional
service. Professional services include, but are not limited to, services
relating to engineering, architecture, public improvements, tax collections,
law, urban planning, accounting, insurance and consultants for other
City needs, whenever such expertise is not available from City Officers
and employees.
C.
Acquisition Of Real Estate. Real estate shall be acquired
by the City only pursuant to a contract authorized and approved by
an ordinance enacted by the Board of Aldermen.
D.
Public Improvements.
1.
Public improvements of the City shall be contracted for in the manner
provided in this Chapter.
2.
Emergency work or repairs requiring prompt attention, ordinary maintenance
work, work to be paid out of the General Fund of the City for which
specific provision was made in the budget and work to be paid out
of the appropriated proceeds of any bond issue authorized by the vote
of the people shall be procured as provided by the provisions of this
Chapter applicable to the type of procurement involved.
E.
Disposition Of Surplus.
1.
Surplus, unusable or obsolete supplies, materials and equipment whose
value is estimated by the Board of Aldermen to be in excess of twelve
thousand dollars ($12,000.00) shall be sold by formal written contract
to the best responsible bidder, after due notice inviting bids as
provided for procurement by competitive bids.
2.
Sales of surplus, unusable or obsolete supplies, materials or equipment valued by the Board of Aldermen at less than ten thousand dollars ($10,000.00) shall be made in the open market and in accordance with the procedure set forth in Section 130.010(C) for open market purchases.
3.
Sales of surplus, unusable or obsolete supplies, materials or equipment valued by the Board of Aldermen at less than twelve thousand dollars ($12,000.00) shall be made in the open market and in accordance with the procedure set forth in Section 130.010(D) for open market purchases.
F.
Unauthorized Purchases. Except as otherwise provided by
the Board of Aldermen or this Chapter, it shall be unlawful for any
officer or employee of the City to purchase materials, supplies or
equipment or to enter into contracts for any goods or services and
the City shall not be bound by any such purchase order or contract.
G.
Liability. If any officer of the City shall knowingly violate
any provision of this Chapter, he/she shall be personally liable to
the City and liable under his/her bond, if any, for any damages suffered
by the City.
