[Amended 6-3-2013 by Ord.
No. 13-04]
Includes City boards, commissions, committees, and authorities.
Includes but is not limited to a purchase order for the procurement
of supplies and equipment.
An amount equal to $5,000.
The City Manager shall act as purchasing agent of the City,
unless he/she shall designate another officer or City employee to
act as purchasing agent. Every purchase order shall be approved by
the purchasing agent before being issued. The purchasing agent may
adopt rules regulating requisitions and purchase orders.
[Amended 6-3-2013 by Ord.
No. 13-04]
All agencies and departments of the City shall file with the
purchasing agent detailed estimates of their requirements in supplies,
materials, equipment and contractual services in such manner, at such
times, and for such future periods as the City Manager shall prescribe.
The requirement for preparing estimates shall not prohibit any agency
or department from filing with the purchasing agent at any time a
requisition for any supplies, materials, equipment or contractual
services the need for which was not foreseen when the detailed estimates
were filed.
[Amended 6-3-2013 by Ord.
No. 13-04]
Except as exempted in § 2-345, the order for delivery on a contract or, any open purchasing agent shall not issue any market order unless and until the clerk-treasurer certifies that there is to the credit of each of the agencies or departments concerned a sufficient appropriation balance in excess of all unpaid obligations, to defray the cost of such supplies, equipment or contractual services.
[Amended 6-3-2013 by Ord.
No. 13-04]
Except as exempted in § 2-348:
(1)
All supplies, equipment or contractual services amounting in value
to more than the formal bid limit, shall be secured by competitive
bids and written contract. Notices inviting sealed competitive bids
shall be published at least once in a newspaper or journal of local
circulation and at least 10 days before the final date for submitting
of bids. Such notices shall state the general description of the article
or service to be purchased, where specifications can be obtained,
and the time and place for the opening of bids. The purchasing agency
or department may, in addition, solicit sealed bids from prospective
suppliers by sending them copies of the bid forms and specifications
to acquaint them with the proposed purchase.
(2)
All bids shall be submitted to the clerk-treasurer. In cases of construction
contracts, or purchases involving large sums of money, the City Council
may require that the successful bidder post a surety bond in the amount
that it deems proper. The bids shall be opened publicly by the clerk-treasurer
or designee at the time and place stated in the public notice. After
examination and tabulation by the clerk-treasurer, all bids may be
inspected by the competing bidders. The City Council may reject any
or all bids, or the bid for one or more commodities included in the
proposed contract. When the public interest will be served thereby,
the City Council may authorize the purchase of the commodities in
the open market, provided the price paid in the open market shall
not exceed any bid price submitted for the same commodity. Otherwise
the contract shall be awarded by the City Council on the basis of
the bid most advantageous to the City. The City Council shall take
into consideration quality offered with the bid, delivery terms, and
the service reputation of the vendor in making their award of the
contract.
(3)
All bids are required to be accompanied by a sworn and notarized
affidavit of bidder disclosing any familial relationship that exists
between the owner and City personnel or board members. Any bid that
does not include the sworn and notarized affidavit of bidder will
not be accepted.
[Amended 6-3-2013 by Ord.
No. 13-04]
Except as exempted in § 2-348, for purchases greater than 10% of the formal bid limit, but less than the formal bid limit, an informal competitive quote process may be utilized.
(1)
All purchases of supplies, equipment or contractual services the estimated cost of which is less than the formal bid limit, may be made in the open market, without newspaper advertisement and without the necessity of observing the procedure prescribed in § 2-342 for the award of the contracts.
(2)
All open market purchases shall, whenever possible, be based on at
least three competitive quotes and shall be awarded on the basis of
the quote most advantageous to the City. The purchasing agent shall
keep a record of all open market orders and such records shall also
be open to public inspection.
(3)
The purchasing agent may solicit bids verbally or by telephone, or
may contact prospective bidders by written communication. Where bids
are solicited by written communication, a request for such bids shall
also be posted in the City hall. These solicitations may be made from
readily accessible vendors from whom the City has received a positive
level of service and has a positive level of comfort that the pricing
and quality of product is reasonable and comparable to other vendors.
[Amended 6-3-2012 by Ord.
No. 13-04]
In an emergency or an apparent emergency endangering the public
peace, health or safety of the City, the designated purchasing agent,
the City Manager or any department head may purchase directly any
supplies, materials, equipment or services which he/she deems immediately
necessary. A full report shall be filed by the City Manager with the
City Council within a thirty-day period.
Upon declaration of a state of emergency, the Mayor and Mayor
pro-tem may purchase directly any supplies, materials, equipment or
services which he/she deems immediately necessary. A full report shall
be filed by the City Manager with the City Council within a thirty-day
period.
[Amended 6-3-2013 by Ord.
No. 13-04]
Purchases made on behalf of volunteer efforts, or paid out of
the City treasury on behalf of volunteer efforts, are to be authorized
by the City Clerk/Treasurer, in consultation with the purchasing agent
of the City. All items purchased through the City treasury, including
amounts donated to the City, will require approval of the City, prior
to any expenditure subsequent thereof. To ensure proper recording
and insuring of donated items, a list of all donated materials will
be forwarded to the City Clerk/Treasurer upon receipt of such material.
Unless otherwise approved by the purchasing agent, all items purchased
and/or donated to the City will be stored on City property, in an
area approved by a department head or the City Manager.
[Amended 6-3-2013 by Ord.
No. 13-04]
The purpose of petty cash is to provide funds for incidental
purchases or items necessary for immediate and urgent projects. Petty
cash and gift cards are not to be used to circumvent the purchasing
procedures. Receipts shall be turned in for any expenses made utilizing
petty cash or gift cards. Purchases from petty cash and gift cards
shall be monitored by the City Treasurer and excessive use or misuse
shall be reported directly to the City Manager.
[Amended 6-3-2013 by Ord.
No. 13-04]
Formal competitive bidding and informal competitive quotes shall
not be required in the following cases:
(1)
Where the subject of the contract is other than a public work or
improvement and the product or material contracted for is not competitive
in nature or no advantage to the City would result from requiring
competitive bidding or informal competitive quotes and the City Council
by resolution authorizes execution of the contract without competitive
bidding or competitive quotes.
(2)
In the employment of professional services including but not limited
to medical, accounting, auditing, data processing, legal, planning,
engineering, and architectural and the City Council by resolution
authorizes execution of the contract without competitive bidding or
competitive quotes.
(3)
Where the scope of the work is not definitive and as a result a request
for proposal is difficult to prepare and/or the cost of preparing
such request for proposal is expected to exceed the cost of the contract
and the City Council by resolution authorizes execution of the contract
without competitive bidding or competitive quotes.
(4)
For purchases from or joint purchases with another unit of government,
or for Cooperative purchasing programs.
(5)
When the City elects to perform the work using City employees.
(6)
The material, product or service is available from only one vendor
(sole source purchase).
(7)
After solicitation of a number of sources, competition is determined
inadequate.
(8)
For small purchases of supplies, equipment or contractual services
the estimated cost of which is less than 10% of the formal bid limit.
Such items under may be purchased outright in the open market by a
department head of his/her designated representative, when it has
been determined by the department head that it is not economically
feasible to buy the item in quantities that require the City to purchase
the item by competitive quotes or bidding. The invoice for the purchased
items shall be signed by the City employee who made the purchase.
This invoice shall then be coded by the department head for proper
payment and turned promptly into the City Clerk's office.
(9)
The City could obtain a substantial benefit (economic, time, quality,
etc.) not otherwise obtainable if competitive bids were secured.
[Amended 6-3-2013 by Ord.
No. 13-04]
Whenever satisfactory quotes or bids are received on contracts,
the contract shall be awarded to the lowest responsible and responsive
bidder. When the award is not given to the lowest bidder, a summary
of the rationale for the decision shall be prepared by the requesting
department head and/or purchasing officer and filed with other papers
relating to the transaction.
[Amended 6-3-2013 by Ord.
No. 13-04]
The purchasing agent may make additional purchases of supplies,
materials, equipment or services from a successful bidder provided
that:
(1)
Amounts of additional purchase are at the same cost or less per quantity
as originally bid by the vendor,
(2)
Amounts of additional purchase do not exceed the cost of the original
purchase,
(3)
The purchase occurs not more than 12 months after the date of the
original purchase, and
(4)
The purchasing agent is reasonably certain that the same supply,
material, equipment or service is not available at a lesser cost from
any source.
[Amended 6-3-2013 by Ord.
No. 13-04]
Periodic purchases from a single vendor as set forth in a single
purchase order for reasons of time savings, availability and competitive
pricing may be made using a blanket order. The competitive pricing
of such goods or services shall be reviewed no less frequently than
every 24 months.
[Amended 6-3-2013 by Ord.
No. 13-04]
For reasons of continuity and price competitiveness, it may
be advisable to let a contract for more than one year of services
or goods at a time. Such a contract may be for up to five years, not
to exceed the term of the initial award. It may be extended for one
additional period of five years if there is a justifiable rationale
for doing so.
All multiyear contracts, to the extent possible, shall follow
the City's fiscal year. All such multiyear contracts shall have a
"subject to appropriation clause" for the period, which extends beyond
the fiscal year in which the contract was signed, and must be approved
by the City Council.
The City shall seek to include in all long term contracts a
"favored nation" clause by which the company shall provide such additional
services or lower its rates to the levels that it shall offer other
units of government within the defined trade area.
[Amended 6-3-2013 by Ord.
No. 13-04]
No contract or purchase shall be divided for the purpose of
circumventing the dollar limitations of any section of this article.
[Amended 6-3-2013 by Ord.
No. 13-04]
Whenever satisfactory quotes or bids are received, the purchase
or contract shall be awarded to the lowest responsible and responsive
bidder whose bid is most advantageous to the City. The City has the
right to accept or reject any or all bids it deems necessary or advisable.
In determining which bid is most advantageous and/or competent, the
City Manager and City Council, upon the advice of the purchasing officer
or department head may consider in addition to price:
(1)
The ability, capacity and skill of the bidder to perform the contact
or provide the service required.
(2)
Whether the bidder can perform the contract or provide the service
promptly, or within the time specified, without delay or interference.
(3)
The character, integrity, reputation, judgment, experience and efficiency
of the bidder.
(4)
The quality of performance of previous contracts or services of the
bidder.
(5)
The previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service.
(6)
The sufficiency of the financial resources and ability of the bidder
to perform the contract or provide the service.
(7)
The quality, availability and adaptability of the supplies, or contractual
services to the particular use required.
(8)
The ability of the bidder to provide further maintenance and service
for the use of the subject of the contract.
(9)
The number and scope of any additional, limiting, or qualifying conditions
attached to the bid by the bidder.
(10)
The failure of a bidder to promptly supply information in connection
with an inquiry from the City Manager or purchasing officer with respect
to any of the above-enumerated provisions may be grounds to disqualify
such bidder.
[Amended 6-3-2013 by Ord.
No. 13-04]
No bid shall be accepted from or contract awarded to a bidder
who is in arrears to the City, who is in default on any contract with
or payment due to the City or who has previously demonstrated bad
faith in dealings with the City.
[Amended 6-3-2013 by Ord.
No. 13-04]
Where possible and reasonable, requests, quotes and/or bids
from local vendors shall be solicited as a part of any procurement
process.
[Amended 6-3-2013 by Ord.
No. 13-04]
City employees or Council members involved in purchasing or
contracting are prohibited from soliciting or accepting any gift,
offer or employment, rebate, money, or costly entertainment from any
person, company, firm or corporation to which any purchase or contract
might be awarded or is awarded.
