[R.O. 2009 §2-451; Code 1969 §13-29]
The purpose of this Chapter is to establish rules and procedures
governing the procurement of materials, supplies, equipment and services
for the City and to maintain a high ethical standard for all officers
and employees of the City in connection therewith.
[R.O. 2009 §2-452; Code 1969 §13-30]
A.
The
City Clerk/Administrator shall act as the purchasing agent. The purchasing
agent shall, in accordance with and subject to the rules, regulations
and procedures in this Chapter and all applicable laws and ordinances:
1.
Direct, supervise and be responsible for the procurement and acquisition
of all materials, supplies and equipment and all contractual service
and all insurance required by any department, agency or office of
the City and by any other governmental department, agency or office
with respect to any procurement by such department, agency or office
funded wholly or partially, either directly or indirectly, by City
funds; provided however, the purchasing agent shall not be responsible
for contracts for the acquisition of real estate or for professional
services, except as provided in this Chapter;
2.
Sell or dispose of all obsolete or unusable personal property of
the City.
[R.O. 2009 §2-453; Code 1969 §13-31]
The purchasing agent and every officer, agent and employee of
the City are hereby prohibited from soliciting, accepting or agreeing
to accept any benefit, directly or indirectly, in return for his/her
official vote, opinion, recommendation, judgment, decision, action
or exercise of discretion as a public servant in the purchasing process.
[R.O. 2009 §2-454; Code 1969 §13-32]
The purchasing agent is hereby authorized and directed to adopt
such written regulations, purchasing records, forms and procedures
as may be necessary for the implementation of this Chapter. Any such
regulations, records, forms and procedures adopted by the purchasing
agent shall become effective within thirty (30) days after submission
to the Board of Aldermen unless they are disapproved by the Board
of Aldermen within such thirty (30) day period. Copies of such regulations,
records, forms and procedures shall be on file at the office of the
purchasing agent and shall be available for public inspection.
[R.O. 2009 §2-455; Code 1969 §13-33]
Each agency shall present to the purchasing agent in such manner,
at such times and for such periods as the purchasing agent shall prescribe,
detailed estimates of its requirements for supplies, materials, equipment
and contractual services. Each agency may also present to the purchasing
agent at any time a requirement for any materials, supplies, equipment
or services for which the need was not foreseen when the agency's
detailed estimate was presented. The purchasing agent shall examine
each estimate or requirement and he/she shall have the authority to
revise it as to quantity, quality or estimated cost after consulting
with the head of the using agency.
[R.O. 2009 §2-456; Code 1969 §13-34; Ord. No. 3591 §1, 3-16-1998; Ord. No. 5021, 6-21-2022]
A purchase order or contract in excess of twenty thousand dollars
($20,000.00) shall be issued and become valid only when approved by
the Board of Aldermen, who shall have determined that there is a sufficient
unencumbered balance in the appropriation account of the using agency
to fund such purchase order or contract, except where otherwise provided
in the budget.
[R.O. 2009 §2-457; Code 1969 §13-35; Ord. No. 2790 §1, 4-7-1986; Ord. No. 3016 §1, 7-17-1989; Ord. No. 3082 §1, 8-20-1990; Ord. No. 3092 §1, 10-1-1990; Ord. No. 3158 §1, 8-5-1991; Ord. No. 3453 §1, 11-20-1995]
A.
Supplies, materials, equipment, public improvements and contractual services (except for professional services subject to City Code Section 135.120) shall be procured only after obtaining formal written bids when the value of the proposed procurement is in excess of ten thousand dollars ($10,000.00) or when directed by the Board of Aldermen or when required by the laws of the State. The procurement of several items of the same type at substantially the same time is a single purchase for the purpose of this Chapter and the total cost of all such items will determine whether the formal competitive bidding procedure must be followed. No contract or purchase shall be subdivided to avoid competitive bidding procedures. The procurement of professional services subject to City Code Section 135.120 are expressly excluded from the operation of this Section.
B.
Such
bids shall be invited through a notice to be published in at least
one (1) local newspaper of general circulation in the City, not less
than one (1) time if published in a weekly newspaper or not less than
two (2) consecutive issues if published in a daily newspaper. The
publication shall be at least ten (10) days prior to the date specified
for submission of bids. A public notice shall also be posted in a
prominent and public place at the City Hall. Such notice shall include
a general description of the item or items to be purchased, the conditions
of such purchase, the place where specifications and bid forms may
be secured, the time and place for submitting such bids and the time
and place for acceptance of bids. The purchasing agent may also solicit
bids by mailing copies of the specifications and bidding documents
to prospective vendors.
C.
Any
and 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.
D.
The
purchasing agent may advertise for sealed bids for any item for which
an appropriation has been made in the annual budget of the City or
upon resolution of a majority of the members of the Board of Aldermen.
E.
All
bids shall be sealed, identified as bids on the envelope and 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.
F.
All
bid documents will include an insurance clause as follows:
1.
All bids shall include and cover the cost of Workers' Compensation insurance for all employees of the bidder and for all employees of all subcontractors. It is agreed that the successful contractor shall furnish the City with a certificate of insurance from an insurance company with a Best's rating of at least B+/VII or greater if required by the Board of Aldermen, indicating statutory Workers' Compensation coverage and the minimum coverage amounts stated in Subsection (F)(2) of this Section. The policy of insurance shall have endorsed on it a requirement of at least thirty (30) days' written notice mailed to the City indicating any cancellation or material change in coverage. The Board of Aldermen may increase or decrease the minimum coverage amounts on a per project basis.
2.
3.
The contractor shall indemnify and hold harmless the municipality
and its elected and appointed officials and employees from and against
all claims, damages, losses and expenses, including attorneys' fees
arising out of or resulting from the performance of the work, provided
that any such claim, damage, loss or expense is:
a.
Attributable to bodily injury, sickness, disease or death or to injury
to or destruction of tangible property, other than the work itself,
including the loss of use resulting therefrom, and
b.
Caused in whole or in part by any negligent act or omission of the
contractor, any subcontractor, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified
under this Chapter.
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In any and all claims against the municipality or any of its
agents or employees by any employee of the contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligation
under this Subsection shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable
by or for the contractor or any subcontractor under Worker's Compensation
acts, disability benefit acts or other employee benefit acts.
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G.
All
bids received pursuant to this Section shall be opened and read on
the date set for receiving said bids by the City Clerk/Administrator
or his/her duly authorized representative in an open public session.
The Board of Aldermen will receive tabulated bids at the Board meeting
following the time to submit bids has expired. Then the appropriate
committee shall in conjunction with purchasing agent and the head
of the using agency, prior to the next regular meeting of the Board
of Aldermen after the bid time expires, prepare a written summary
of all bids, including a review of the facts. All bids received shall
be made available for inspection as a public record. Results of the
bidding and awarding of contracts shall be posted in a prominent and
public place at the City Hall.
H.
After
presentation of the available data, the Board of Aldermen, at a regular
or special meeting, shall award the contract to the lowest and best,
responsible, timely bidder for the goods or services to be procured;
provided however, the Board of Aldermen shall have the right and the
authority to reject any and all bids. The Board of Aldermen may also
confer the right of awarding the bid to the appropriate committee
with such committee's action concerning the bid reported back to the
full Board at the next regular meeting. The Board of Aldermen shall
have authority to give City businesses, having paid taxes for two
(2) consecutive years prior to such bid, a preference in its discretion,
if the bid of such business is within three percent (3%) of the lowest
responsible, timely bidder for the goods or services to be procured.
I.
Subsequent
to the award by the Board of Aldermen, the purchasing agent shall,
by purchase order or formal contract authorized by ordinance, enter
into an agreement with the bidder selected by the Board of Aldermen
for procurement of the goods and services to be procured.
J.
When
deemed necessary by the purchasing agent, bid deposits may be required.
The deposits may be required to be in the form of a certified check
or bid bond and may be for an amount of one thousand dollars ($1,000.00)
or ten percent (10%) of the amount of the bid, whichever is greater.
Bonds shall be from a bonding company with a Best's rating of at least
B+/VII or greater if required by the Board of Aldermen.
K.
The
successful bidder may be required to post a performance bond whenever
the same is deemed appropriate by the purchasing agent; provided however,
such requirement is set forth in the conditions of bidding. The performance
bond may be in the form of a specified amount or a percentage of the
value of the proposed purchase and shall be from a bonding company
with a Best's rating of at least B+/VII or greater if required by
the Board of Aldermen. The purchasing agent shall establish, in the
conditions of bidding, such terms as may be deemed appropriate to
protect the interest of the City.
L.
All
bids shall contain a provision substantially in the form that follows:
"Neither the final payment nor any of the retained percentage
shall become due until the contractor shall deliver to the City a
complete release of all liens and claims arising out of the contract."
[R.O. 2009 §2-458; Ord. No. 1969 §13-36; Ord. No. 3082 §1, 8-20-1990; Ord. No. 3453 §1, 11-20-1995; Ord.
No. 5021, 6-21-2022]
The purchasing agent may, without prior authority, acquire in
the open market all goods and services with a value of less than two
thousand, five hundred dollars ($2,500.00). Such acquisition shall
be based upon sound procurement principles. Formal bids shall not
be required, but whenever practicable, purchases of the value between
two thousand, five hundred dollars ($2,500.00) and twenty thousand
dollars ($20,000.00) shall be based upon quotations from three (3)
or more vendors.
[R.O. 2009 §2-459; Code 1969 §13-37; Ord. No. 3453 §1, 11-20-1995; Ord. No. 5021, 6-21-2022]
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) if there have been no responsive bids to an advertisement
for bids or if the Board of Aldermen has rejected all bids.
[R.O. 2009 §2-460; Code 1969 §13-38; Ord. No. 3453 §1, 11-20-1995; Ord. No. 5021, 6-21-2022]
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
of Aldermen determines from all information submitted to it by the
purchasing agent and/or the using agency that such goods or services
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
or provider would reasonably satisfy the City's requirements.
[R.O. 2009 §2-461; Code 1969 §13-39]
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 may then
by ordinance approve a contract for the required professional service.
[R.O. 2009 §2-462; Code 1969 §13-39-1]
A.
FIRM
PROFESSIONAL SERVICES
Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Subsection (A), except where the context clearly indicates a different meaning:
Any individual, firm, partnership, corporation, association
or other legal entity permitted by law to practice architecture, engineering
or land surveying in the State or to provide professional services
as described herein.
Those services within the scope of practice of architecture,
engineering or land surveying, as defined by the laws of the State,
or those performed by any architect, professional engineer or registered
land surveyor in connection with this professional employment or practice.
The term "professional services" may also encompass the services provided
by planning consultants, accountants, public improvements, tax collections
and consultants for all legal, insurance, safety, the City Attorney,
the Prosecuting Attorney and other persons or firms providing consulting
services, when certain expertise is not available from City Officers
and employees.
B.
Roster Of Consultants.
1.
The City Clerk/Administrator will maintain a roster, classified by
category of professional service, of qualified firms interested in
performing professional services for the City.
2.
Publications by professional organizations which list the qualified
firms in a specific field may be incorporated in the roster.
C.
General Procedures And Responsibilities.
1.
Project initiation. When a department of the City
identifies a project for which professional services will be necessary,
the department will draft a scope of services for the specific project.
This scope of services will be submitted to the City Clerk/Administrator
for authorization to initiate the project and for submittal to the
Board of Aldermen. The scope of services should include the following:
2.
Expressions of interest. After authorization the
administering department will contact those firms on the roster and
those firms responding to advertisements for a written expression
of interest in the specific project. The request should invite comment
as to special experience in the project being considered, describe
previous experience with similar projects and the availability of
the firm to provide required service within any time limitations.
3.
Initial screening and requests for proposals. The
expressions of interest will then be presented to the appropriate
screening and selection committee for initial screening. Factors to
be determined in the initial screening will include:
a.
Specialized experience in the type of work required;
b.
Record of the firm in accomplishing work on other projects in the
required time;
c.
Quality of work previously performed by the firm for the City;
d.
Recent experience showing accuracy of cost estimates;
e.
Community relations including evidence of sensitivity to citizen
concerns;
f.
Geographic location of the office of the firm which would serve the
project.
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The screening committee will designate at least three (3) firms
who will be requested to present detailed proposals on the project.
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4.
Detailed proposals. Firms submitting detailed proposals
will be asked to provide the following:
a.
A resume of the firm principal who will be responsible for the project;
b.
A resume of the proposed project supervisor;
c.
Resumes of key project personnel;
d.
A statement of the ability of the firm to meet required time schedules;
e.
A description of how the project would be conducted;
f.
A schedule of hourly rates for various services offered and a proposed
project fee range;
g.
A list of municipal references for similar types of projects;
h.
Any other pertinent information the firm wishes to present.
5.
Interview and selection. Upon receipt of the detailed
proposals, the selection and screening committee will be convened
to review the proposals, interview the prospective firms and make
the final selections as to the firm for the project. Written interview
and selection criteria utilizing a point system that has been agreed
upon by the committee shall be established prior to receiving detailed
proposals on a project. The prime factors to be rated in the final
screening are the firm's:
a.
Management capabilities;
b.
Technical capabilities;
c.
Approach to the project;
d.
Understanding of City's objectives;
e.
Proposed work schedule;
f.
Staff to be assigned;
g.
Fee and/or schedule of hourly rates;
h.
Knowledge of local situation;
i.
Ability to communicate;
j.
Presentation and attitude;
k.
Confidence factor.
6.
Contract negotiation. The selected firm will then
be requested to come in for a final conference with the screening
and selection committee to define precisely the scope of service to
be provided and to finalize the compensation requirements for the
work. A contract is prepared and submitted to the City Clerk/Administrator
for presentation to the Mayor and Board of Aldermen for approval by
ordinance.
If, after reasonable effort, a contract cannot be negotiated,
the negotiations with the designated firm shall be terminated and
negotiations shall be started with the next firm recommended.
7.
Exceptions.
a.
In view of the fact that special conditions will occasionally arise
that make use of this policy impractical, there can be exceptions
made. Reasons for exceptions may include an emergency situation which
precludes a selection time frame of at least two (2) months or an
extremely specialized need in which there is only one (1) feasible
source of expertise. If it appears there is a need or an exception
to the policy, the City Clerk/Administrator will inform the Mayor
and Board of Aldermen to allow them the opportunity to deny the exception.
b.
If the number of firms willing and available to perform a specific
task is small, the step involving initial screening may be skipped
and the selection process will go directly to detailed proposals.
D.
Compensation Or Fee. The amount will include all services
to be rendered to the City by the firm, with the exception of certain
pass through expenses that will be identified by contract, if applicable,
and it will be calculated by one (1) of the following methods, at
the preference of the City:
E.
Prohibition Against Contingent Fees.
1.
Each contract entered into by the Board of Aldermen for professional
services shall contain a prohibition against contingent fees as follows:
"No firm shall retain a person to solicit or secure a City contract
for professional services upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, except for retention
of bona fide employees or bona fide established commercial selling
agencies for the purpose of securing business."
2.
For the breach or violation of the foregoing provision, the Mayor
and Board of Aldermen shall have the right to terminate the agreement
without liability and, at its discretion, to deduct from the contract
price or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
F.
Waiver. The Mayor and Board of Aldermen may waive any and
all aforementioned procedural requirements in the best interest of
the City.
[R.O. 2009 §2-463; Code 1969 §13-40]
Real estate shall only be acquired or sold by the City pursuant
to a contract authorized and approved by an ordinance enacted by the
Board of Aldermen.
[R.O. 2009 §2-464; Code 1969 §13-41]
A.
Public
improvements covered by ordinance of the City shall be contracted
for in the manner provided in this Chapter.
B.
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 vote of the people shall
be procured as provided by the provisions of this Chapter applicable
to the type of procurement involved.
[R.O. 2009 §2-465; Code 1969 §13-42; Ord. No. 4201 §2, 8-17-2009]
A.
When
the City needs new or replacement insurance or the Board of Aldermen
directs that a comprehensive study be made of any insurance requirements,
the following procedure will be followed:
1.
The purchasing agent shall advise the Board of Aldermen of pending
expiration of existing policies at least one hundred eighty (180)
days in advance of any such expiration.
2.
The purchasing agent will review with the insurance consultant and
establish needed specifications and present same to the Board of Aldermen
for approval.
3.
The insurance consultant acting on behalf of the City or purchasing
agent shall advertise the need for such new or replacement insurance
or such insurance study by advertisements in at least one (1) local
newspaper of general circulation within the County, not less than
two (2) times and the first (1st) publication at least ninety (90)
days prior to the expiration date of existing policies.
4.
The insurance consultant acting on behalf of the City or purchasing
agent shall make available to any duly licensed insurance agency or
company all available specifications and data concerning the insurance
requirements in question.
5.
The purchasing agent, in consultation with the insurance consultant,
will review and evaluate all proposals for insurance coverage.
6.
The purchasing agent and insurance consultant will, at least forty-five
(45) days in advance of policy expiration dates or the effective dates
of new policies, recommend to the Board of Aldermen an agency or company,
or both, for selection to provide the proposed insurance coverage.
The recommendation shall include all relevant details and the advantages
and disadvantages of the various proposals.
7.
The Board of Aldermen shall then select the agency or company or
both to provide required insurance coverage.
[R.O. 2009 §2-466; Code 1969 §13-43]
A.
The
purchasing agent or his/her agent shall inspect or supervise the inspection
of all deliveries of supplies, materials, equipment or contractual
services to determine their conformance with the specifications set
forth in the order or contract.
B.
The
purchasing agent may authorize using agencies or departments having
the staff and facilities for adequate inspection to inspect all deliveries
made to such using agencies under rules and regulations which the
purchasing agent shall prescribe.
C.
The
purchasing agent shall have the authority to require chemical and
physical tests of bid and delivery samples to determine their quality
and conformance with the specifications. In the performance of such
tests, the purchasing agent shall have the authority to make use of
laboratory facilities of any outside laboratory at the contractor's
expense.
[R.O. 2009 §2-467; Code 1969 §13-44]
The purchasing agent, with the approval of the Board of Aldermen,
shall have the authority to join with any other governmental units
in cooperative purchasing when the best interests of the City would
be served by such cooperative purchasing.
[R.O. 2009 §2-468; Code 1969 §13-45; Ord. No. 4449 §1, 7-15-2013]
A.
Generally. All department heads shall submit to the Purchasing
Agent, at such time and in such form as the Purchasing Agent shall
prescribe, reports showing stocks of all supplies, materials and equipment
that are no longer used or that have become obsolete, worn out or
scrapped.
B.
Transfers. The Purchasing Agent is hereby authorized to
transfer surplus or excess stock to other departments.
C.
Sales. The Purchasing Agent is hereby authorized to sell
all supplies, materials or equipment having an estimated value of
greater than one thousand dollars ($1,000.00) that have become unsuitable
for public use, or to exchange the same for, or trade in the same,
on new supplies, materials or equipment. Sales under this Subsection
shall be made to the highest bidder. Sales of surplus supplies, materials
or equipment having an estimated value of less than one thousand dollars
($1,000.00) shall be sold or traded in the open market.
D.
Avoidance Of Conflicts. No employee of a disposing department
shall directly or indirectly purchase or agree with another person
to purchase surplus or excess stock if the employee is, or has been,
directly or indirectly involved in the purchase, disposal, maintenance,
operation or preparation for sale of the surplus or excess stock.
The Purchasing Agent is authorized to waive this prohibition when
the sale of surplus stock is implemented by competitive sealed bidding
or by public auction.
E.
Disposal. The Purchasing Agent is hereby authorized to dispose
of surplus supplies, materials or equipment that have been determined
to have no appreciable value.
F.
Auctions. The use of an auction company, including auction
by electronic means, is hereby authorized to facilitate the sale of
surplus stock.
[R.O. 2009 §2-469; Code 1969 §13-46]
Except as provided in this Chapter and in regulations that may
be prescribed by the Board of Aldermen, it shall be unlawful for any
officer or employee of the City other than the purchasing agent to
purchase material, supplies or equipment or to enter into contracts
for any goods or services and the City shall not be bound by any purchase
ordered or any contract made in violation of the provisions of this
Chapter.
[R.O. 2009 §2-470; Code 1969 §13-47]
If any officer or employee 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.
