[HISTORY: Adopted by the City Council of the City of West
Haven 7-25-1983 by Ord. No. 207. Amendments noted where applicable.]
A.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
B.
AGENT
CITY
CONSTRUCTION MANAGEMENT SERVICES
CONTRACT
CONTRACTUAL SERVICES
PROFESSIONAL SERVICES
USING AGENCY
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
The Director of Finance, who shall also serve as City purchasing
agent and shall be the head of the Department of Finance.
[Amended 11-26-2007]
The City of West Haven.
Services provided for capital improvement projects not managed
by a City employee, general contractor, or an appointed board or committee,
but to be provided by a qualified construction manager.
[Added 11-26-2007]
Any agreement, either verbal or written, between the City
of West Haven and one or more parties, that obligates the City of
West Haven for payment for goods or services, including, but not limited
to, those services as defined herein as contractual services, professional
services and construction management services.
[Added 11-26-2007]
Includes all telephone, gas, water, electric, light and power
services; towel and cleaning service; insurance; lease for all grounds,
buildings, offices or other space required by the using agencies;
and the rental, repair or maintenance of equipment, machinery and
other City-owned personal property.
[Amended 11-26-2007]
Services requiring the furnishing of judgment, expertise,
design, advice or effort by persons other than City employees, not
involving the delivery of a specific end or product defined by bid
specifications. This shall include consulting, professional, legal,
financial, personal and technical services.
[Added 11-26-2007]
Any department, agency, commission, bureau or other unit
of City government using supplies or procuring contractual services,
professional services or construction management services as provided
in this chapter.
[Amended 11-26-2007]
A.
Purchase or contract. The agent shall have the power and it shall
be his duty to purchase or contract for all supplies and contractual
services needed by any using agency which derives its support wholly
or in part from the City, in accordance with purchasing procedures
as prescribed by this chapter and such rules and regulations as the
agent shall adopt for the internal management and operation of the
Department of Purchasing and such other rules and regulations as shall
be prescribed by the Mayor, not inconsistent with this chapter, and/or
by the City Council, as shall be prescribed by resolution.
B.
Exceptions prohibited. The authority of the agent to negotiate all
purchases for all using agencies shall not be abridged by excepting
any particular using agency.
C.
Unauthorized purchases. It shall be unlawful for any City officer
or officers to order the purchase of any supplies or make any contract,
except as herein provided, other than through the Department of Finance,
and any purchase ordered or contract made contrary to the provisions
hereof shall not be approved by the City officials, and the City shall
not be bound thereby.
D.
Other powers and duties. In addition to the purchasing authority conferred in Subsection A and in addition to any other powers and duties conferred by this chapter, the agent shall:
(1)
Minimum expenditure. Purchase at least cost to the City in accordance with standards set forth in § 42-8 of this chapter.
[Amended 11-26-2007]
(2)
Encourage competition. Discourage uniform bidding and endeavor to
obtain as full and open competition as possible on all purchases and
sales.
(3)
Rules and regulations. Establish and amend, when necessary, rules
and regulations adopted by the agent for the internal management and
operation of the Department of Purchasing.
(4)
Forms. Prescribe and maintain such forms as he shall find reasonably
necessary to the operation of this chapter.
(5)
Standard nomenclature. Prepare and adopt a standard purchasing nomenclature
for using agencies and suppliers.
(6)
Bulk purchases. Exploit the possibilities of buying in bulk so as
to take full advantage of discounts.
(7)
Federal and state tax exemptions. Act so as to procure for the City
all federal and state tax exemptions to which it is entitled.
(8)
Purchase orders or estimates prior to purchase. Purchase only after
and in consideration of purchase orders or estimates submitted as
provided by this chapter.
(9)
Disqualification of bidders. Have the authority to declare vendors
who default on their quotations irresponsible bidders and, in addition,
to disqualify them from receiving any business from the municipality
for a stated period of time.
A.
The City purchasing agent shall prepare and secure, with the cooperation
of the City departments, standard and written specifications for supplies
used by the various branches of the City government.
B.
After its adoption, each standard specification shall, until revised
or rescinded, apply alike in terms and effect to every future purchase
and contract for the supply described in such specification.
C.
Exemption. The agent shall have the authority to exempt any using
agency of the City for use of supply described in such standard specification.
D.
All specifications shall be definite and certain and shall permit
competition.
E.
Exception. The provisions of this section shall not apply to noncompetitive
types and kinds of supplies.
A.
All using agencies, either by or with the authorization of the head
of the department under which the using agency operates, shall file
with the agent detailed purchase orders or estimates of their requirements
in supplies and contractual services in such manner, at such time
and for such future periods as the agent shall prescribe.
B.
Unforseen requirements. A using agency shall not be prevented from
filing in the same manner with the agent at any time a purchase order
or estimate for any supplies and contractual services, the need for
which was not forseen when the detailed estimates were filed.
C.
Revisory power in agent. The agent shall examine each requisition
or estimate and shall have the authority to revise it as to quality
or estimated cost, but revision as to quality shall be in accordance
with the standards and specifications established pursuant to this
chapter, except that there shall be no revision as to quality or quantity
of any purchase order or estimate submitted by the Board of Education.
The agent or every officer of the City is expressly prohibited
from accepting, directly or indirectly, from any person, company,
firm or corporation to which any purchase order or contract may be
or might be awarded any rebate, gift, money or anything of value whatsoever.
A.
All purchases of and contracts for supplies and contractual services
and all sales of personal property which has become obsolete and unusable
shall, except as specifically provided herein, be based whenever possible
on competitive bids.
B.
Formal contract procedure. All supplies and contractual services
except as otherwise provided herein, when the estimated cost thereof
shall exceed $10,000 shall be purchased by formal written contract
from the lowest responsible bidder, after due notice inviting proposals.
[Amended 1-26-1998 by Ord. No. 370; 11-26-2007]
C.
Notice inviting bids. Notice inviting bids shall be published at
least once in a newspaper having circulation in the City giving 10
days' notice preceding the last day set for the receipt of proposals.
D.
Bid deposits. When deemed necessary by the agent, bid deposits shall
be prescribed in the public notices inviting bids. Unsuccessful bidders
shall be entitled to a return of surety where the agent has required
such. A successful bidder shall forfeit any surety required by the
agent upon failure to enter a contract within 10 days after the award.
A.
Sealed. Bids shall be submitted sealed to the agent.
B.
Opening. Bids shall be opened in public at the time and place stated
in the public notice.
C.
Tabulating. A tabulation of all bids received shall be posted for
public inspection.
D.
Rejection of bids. The agent shall have the authority to reject any
or all bids or the bid for any one or more supplies or contractual
services included in the proposed contract when the public interest
will be served thereby. The agent shall be required to assign reasons
for any rejection.
[Amended 11-26-2007]
A.
Authority in agent. The agent shall have the authority to award contracts
within the purview of this chapter.
B.
Lowest responsible bidder.
(1)
Contracts shall be awarded to the lowest responsible bidder. In determining
the lowest responsible bidder, in addition to price, the agent shall
consider:
(a)
The ability, capacity and skill of the bidder to perform the
contract or provide the service required.
(b)
Whether the bidder can perform the contract or provide the service
promptly or within the time specified without delay or interference.
(c)
The character, integrity, reputation, judgment, experience and
efficiency of the bidder.
(d)
The quality of performance of previous contracts or services.
(e)
The previous and existing compliance by the bidder with laws
and ordinances relating to the contract or services.
(f)
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service.
(g)
The quality, availability and adaptability of the supplies or
contractual services to the particular use required.
(h)
The ability of the bidder to provide future maintenance and
service for the use of the subject of the contract.
(i)
The number and scope of conditions attached to the bid.
(j)
Certification by the bidder on a Vendor Affidavit Form approved
by the City Council that the bidder does not owe the City of West
Haven any back taxes on any real or personal property owned by the
bidder.
[Added 11-26-2007]
(2)
Bid preference for local vendors.
[Amended 5-22-1995 by Ord. No. 345]
(a)
For the purpose of this section, "city-based business" shall
mean a business with a principal place of business located within
the City of West Haven. A business shall not be considered a "city-based
business" unless evidence satisfactory to the purchasing agent has
been submitted with each bid submitted by said business to establish
that said business has a bona fide principal place of business in
West Haven. Such evidence may include evidence of ownership of or
a long-term lease of the real estate from which the principal place
of business is operated or payment of property taxes on the personal
property of the business to be used in performance of the bid.
(b)
For the purpose of this section, "project" shall mean all bids and all quotes solicited for purchases not exempted from bidding pursuant to this Chapter 42, Purchasing Procedures, of the Code of the City of West Haven, as amended, except requests for proposal.
(c)
On any project, the lowest responsible bidder shall be determined
in the following order:
[1]
Cost of project.
[a]
On projects the cost of which are $1,000,000 total contract
price or less, any City-based bidder which has submitted a bid not
more than 10% higher than the low bid, provided that such city-based
bidder agrees to accept the award of the bid at the amount of the
low bid. If more than one City-based bidder has submitted bids not
more than 10% higher than the low bid and has agreed to accept the
award of the bid at the amount of the low bid, the lowest responsible
bidder shall be that one of such City-based bidders which submitted
the lowest bid.
[b]
On projects the cost of which are over $1,000,000 but less than
$5,000,000 total contract price, any City-based bidder which has submitted
a bid not more than 5% higher than the low bid, provided that such
City-based bidder agrees to accept the award of the bid at the amount
of the low bid. If more than one City-based bidder has submitted bids
not more than 5% higher than the low bid and has agreed to accept
the award of the bid at the amount of the low bid, the lowest responsible
bidder shall be that one of such City-based bidders which submitted
the lowest bid.
[c]
On projects the cost of which are over $5,000,000 total contract
price, any City-based bidder which has submitted a bid not more than
3% higher than the low bid, provided that such City-based bidder agrees
to accept the award of the bid at the amount of the low bid. If more
than one City-based bidder has submitted bids not more than 3% higher
than the low bid and has agreed to accept the award of the bid at
the amount of the low bid, the lowest responsible bidder shall be
that one of such City-based bidders which submitted the lowest bid.
[2]
The low bidder.
[a]
Any local vendor meeting the requirements of a local vendor as defined in this § 42-8B(2) responding to a solicitation shall be required to submit a signed local bidder affidavit form with their bid submittal. Failure to submit this affidavit form may result in your disqualification as a local vendor and ineligibility for contract award.
[b]
Any local vendor who submitted the second lowest bid meeting
the above requirements will be given the opportunity to match the
low bid unless the awarded bidder is also a local vendor. The local
vendor shall be required to submit a written acknowledgment of their
acceptance of the low bid to be eligible for contract award.
[Amended 11-26-2007]
(d)
This subsection providing for a local bidders preference shall
not apply to any contracts to which there is applicable any state
or federal law or regulation which prohibits local purchasing preferences.
[Added 9-25-1995 by Ord. No. 350]
C.
Award to other than low bidder. When the award is not given to the
lowest bidder, a full complete statement of the reasons for placing
the order elsewhere shall be prepared by the agent and filed with
the other papers relating to the transaction.
D.
Tie bids.
(1)
Local vendors. If all bids received are for the same total amount
or unit price, quality and service being equal, the contract shall
be awarded to a local bidder.
(2)
Where Subsection D(1) is not in effect and where public interest will not permit the delay or readvertising for bids, the agent shall have the authority to award the contract to one of the tie bidders by drawing lots in public or to purchase the supplies or contractual services in the open market as herein provided. The open market price shall not exceed the lowest contract bid price submitted for the same commodity or contractual service.
(3)
Performance bonds. The agent shall have the authority to require
a performance bond or a payment and performance bond before entering
a contract, in such amount as he shall find reasonably necessary to
protect the best interest of the City.
(4)
Prohibition against subdivision. No contract or purchase shall be
subdivided to avoid the requirements of this section.
A.
All purchases of supplies and contractual services equal to or less than the estimated value of $10,000 shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by § 42-6.
[Amended 1-26-1998 by Ord. No. 370; 11-26-2007]
B.
Minimum number of proposals. All open market purchases shall, whenever possible, be based on at least three competitive proposals and shall be awarded to the lowest responsible proposer, in accordance with the standards set forth in § 42-8B of this chapter.
[Amended 11-26-2007]
C.
Notice inviting bids. The agent shall solicit bids by direct mail
request to prospective vendors, by telephone and by public notice
posted on the bulletin board of the City Hall.
D.
Recording. The agent shall keep a record of all open market orders
and the bids submitted in competition thereon, and such records shall
also be open to public inspection.
A.
There is hereby appropriated out of any money in the City treasury
not otherwise appropriated $500, which shall be known as the "Petty
Expenditures Revolving Fund." From this fund shall be paid all purchases
not in excess of $15 each made by the heads of using agencies for
incidentals, with the approval of the agent.
B.
Accounting. At the end of each month, the agent shall render a report
of the actual expenditures for each using agency so made out of such
Petty Expenditures Revolving Fund, and the City Comptroller shall
reimburse said revolving fund for such expenditures in the same manner
as other expenditures of such using agencies are paid.
A.
By agent. In case of an emergency which requires immediate purchase
of supplies or contractual services, the Mayor shall be empowered
to authorize the agent to secure by open market procedure as herein
set forth, at the lowest obtainable price, any supplies or contractual
services, regardless of the amount of the expenditure.
B.
Recorder explanation. A full explanation of the circumstances of
any emergency purchase by the agent shall be entered in the minutes
of the City Council and shall be open to public inspection.
C.
By head of departments. In case of actual emergency and with the
consent of the agent and approval of the Mayor, the head of any using
agency may purchase directly any supplies whose immediate procurement
is essential to prevent delays in the work of the using agency which
may vitally affect the life, health or convenience of citizens.
D.
Written explanation. The head of such using agency shall send to
the agent a purchase order and a copy of the delivery record, together
with a full written explanation of the circumstances of the emergency,
which shall be filed by the agent as a permanent and public record
of the purchase.
E.
Emergency procedure. The agent shall, by rules and regulations, prescribe
the procedure under which emergency purchases may be made.
F.
Verbal contracts. Verbal contracts may only be made pursuant to Subsection C above where procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health or convenience of citizens and must be presented as a written contract subject to § 42-15 of this chapter.
[Added 11-26-2007]
A.
The agent shall inspect or supervise the inspection of all deliveries
of supplies or contractual services to determine their conformance
to the specifications set forth in the order of contract.
B.
Inspection by using agency. The agent shall have the authority to
authorize using agencies having the staff and facilities for adequate
inspection to inspect all deliveries made to such using agencies under
rules and regulations which the agent shall prescribe.
C.
Tests. The agent shall have the authority to require chemical and
physical tests of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and conformance to
the specifications. In the performance of such tests, the agent shall
have the authority to make use of laboratory facilities of any agency
of the City government or any outside laboratory.
[Amended 11-26-2007]
A.
All using agencies shall submit to the agent, at such times and in
such form as he shall prescribe, reports showing stocks of all supplies
and personal property which are no longer used or which have become
obsolete, worn out or scrapped.
B.
Transfer. The agent shall have the authority to transfer surplus
stock and/or personal property which have become unsuitable for public
use or to exchange or trade in the same or new supplies or personal
property.
C.
Sale. The agent shall have the authority to sell all supplies which
have become unsuitable for public use or to exchange or trade in the
same on new supplies.
The agent shall have the authority to join with other units
of government in cooperative purchasing plans when the best interests
of the City would be served thereby.
[Added 11-26-2007]
A.
All contracts that involve the City, its commissioners, departments
or any other subsidiary of the City of West Haven that are longer
than three years in length or contain provisions involving
the automatic renewal of said contract must be presented to the City
Council for approval by the City Council. If this process is not adhered
to the contract shall be deemed null and void.
B.
Construction management services. The use of construction management
services may be considered on a project-by-project basis with the
approval of City Council. When used, contracts for such services shall
be negotiated individually for each project and only that project.
No multiproject or master agreements shall be used.
C.
Professional services. Professional services as defined in this chapter
shall be selected by the following qualification based procedure:
(1)
The Purchasing Agent together with the head of the using agency will
formulate and issue a request for qualifications (RFQ) seeking a qualified
professional in the field for which the services are required.
(2)
The responses to the RFQ will be evaluated by the Purchasing Agent
and the head of the using agency and those respondents deemed to be
the most qualified will be interviewed by the Purchasing Agent and
the head of the using agency.
(3)
Those respondents deemed most qualified after the interview process
shall be given a request for proposal (RFP) to provide required services.
(4)
The Purchasing Agent and the head of the using agency will select
the proposal which they determine best meets the needs of the City
and provide in writing the reasons for their selection.
D.
Waivers.
(1)
The City Council shall have the authority to waive the bidding and
RFQ requirements of this chapter on all contractual services and professional
services, except as herein provided, upon a determination by the Council
that such waiver of bid or RFQ is in the best interests of the City
of West Haven. A request for a waiver shall be made by the head of
the department requesting such waiver on a form approved by the City
Council stating the reason why such waiver is being requested. Said
form shall be submitted to the Purchasing Agent who shall submit said
request to the City Council. Upon approval of a majority of the members
of the City Council the request for the waiver may be granted.
