[Ord. No. 3641, 3-20-2023]
A. Notwithstanding any other provision of this Chapter, in the case
of an apparent emergency which threatens the public health, welfare,
or safety, requiring the immediate purchase of supplies, service or
construction, the City Administrator shall have the power to secure
the necessary items in the open market, without competition, regardless
of the amount of the expenditure. The City Administrator will advise
the Mayor and Board of Aldermen as soon as is practical and advise
of the apparent emergency. A report of the circumstances of an emergency
purchase shall be made, in writing, by the City Administrator to the
Board of Aldermen.
B. In no event shall the contract price exceed commercially reasonable
price.
[Ord. No. 3641, 3-20-2023]
All purchases and contracts for supplies and contractual services
and all sales of personal property which has become obsolete and unusable
shall, except as expressly provided in this policy or by the City
Code, be based wherever possible on competitive bids/auctions.
[Ord. No. 3641, 3-20-2023]
No contract or purchase shall be subdivided to avoid the requirements
of this policy, nor shall change orders exceeding five percent (5%)
of the total approved bid amount be allowed without following the
same purchasing policy procedures as included in this policy or, in
lieu of quotes or sealed bids where required, must be approved by
the using change order form and obtaining approval from the City Administrator.
The department director and the City Administrator will send the explanation
in a weekly report to the Mayor and Board of Aldermen.
[Ord. No. 3641, 3-20-2023]
A. In determining the lowest and best responsible bidder, the Board
of Aldermen shall consider.
1.
The ability, capacity, and skill of the bidder to perform the
contract or provide the services required.
2.
Whether the bidder can perform the contract or provide the services
promptly or within the time specified without delay or interference.
3.
The character, integrity, responsibility, judgment, experience,
and efficiency of the bidder.
4.
Whether the bidder is in default on the payment of taxes, licenses,
or other monies due the City. This factor alone shall justify disqualification.
5.
The quality and performance of previous contracts or services.
6.
The previous and existing compliance by the bidder with laws,
the provisions of this policy, City Code and other City ordinances
relating to the contract or service.
7.
The sufficiency of the financial resources and ability of the
bidder to perform a contract or provide the service.
8.
The quality, availability and adaptability of the supplies or
contractual services to the particular use required.
9.
The ability of the bidder to provide future maintenance and
service of machines for the use of the subject of the contract.
10.
The number and scope of conditions attached to the bid.
11.
What is in the best interest of the City.
[Ord. No. 3641, 3-20-2023]
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. If there shall be no local bidder or more than one
(1) local bidder with a low equal bid, the City Administrator shall
award the contract if the item put out to bid has been budgeted for
in the City's current budget and the bid is equal to or under
the amount budgeted for. When the item has not been budgeted for,
or when the bid is above the amount budgeted for, Board of Aldermen
shall award the contract to one (1) of the tie bidders by drawing
lots in public.
[Ord. No. 3641, 3-20-2023]
All open market purchases, shall, wherever possible, be based on at least three (3) competitive bids which may be either oral or written and shall be awarded to the lowest and best responsible bidder in accordance with the standards set forth in Sections
135.430 and
135.450.
[Ord. No. 3641, 3-20-2023]
The using department shall solicit bids by direct or electronic
mail request to prospective suppliers or by telephone or by such other
method as he/she shall deem appropriate to receive competitive proposals.