[Ord. No. 1012 §1, 1-15-2008]
The City Clerk/Administrator, when authorized by the Board of
Aldermen, shall procure for the City the bids for all supplies and
contractual services needed by the City in accordance with the procedures
prescribed by this Chapter or required by law.
[Ord. No. 1012 §2, 1-15-2008]
A.
In
addition to the purchasing authority conferred in the preceding Section
and in addition to any other powers and duties conferred by this or
any other ordinance, the City Clerk/Administrator shall:
1.
Act to procure for the City the highest quality in supplies and contractual
services at the least expense to the City;
2.
Discourage uniform bidding and endeavor to obtain as full and open
competition as possible on all purchases and sales;
3.
Keep informed of current developments in the field of purchasing,
prices, market conditions and new products and secure for the City
the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations
and by private businesses and organizations;
4.
Exploit the possibilities of buying "in bulk" so as to take full
advantage of discounts;
5.
Act so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
[Ord. No. 1012 §3, 1-15-2008]
A.
Each
City department shall file with the City Clerk/Administrator detailed
requisitions or estimates of their requirements in supplies and contractual
services in such manner, at such times and for such future periods
as the City shall prescribe.
1.
A City department shall not be prevented from filing, in the same
manner, at any time a requisition or estimate for any supplies and
contractual services, the need for which was not foreseen when the
detailed estimates were filed.
2.
The City Clerk/Administrator shall examine each requisition or estimate
and shall have the authority to revise it as to quantity, quality
or estimated cost.
[Ord. No. 1012 §4, 1-15-2008]
No officer or employee of the City shall transact any business
in their official capacity with any business entity of which they
are an officer, agent or member or in which they own a substantial
interest; nor shall they make any personal investments in any enterprise
that will create a substantial conflict between their private interest
and the public interest; nor shall they or any firm or business entity
of which they are an officer, agent or member or the owner of substantial
interest, sell any goods or services to any business entity that is
licensed by or regulated in any manner by the agency in which the
officer or employee serves.
[Ord. No. 1012 §5, 1-15-2008]
No officer or employee of this City shall enter into any private
business transaction with any person or entity that has a matter pending
or to be pending upon which the officer or employee is or will be
called upon to render a decision or pass judgment. If any officer
or employee already is engaged in the business transaction at the
time a matter arises, he shall be disqualified from rendering any
decision or passing any judgment upon the same.
[Ord. No. 1012 §6, 1-15-2008]
[Ord. No. 1012 §7, 1-15-2008]
Any City Official or employee of the City is expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase or contract is or might be awarded any rebate, gift, money or anything of value whatsoever, except where given for the use and benefit of the City. Violation of the provisions of this Section shall, upon conviction thereof, be punished as provided in Section 100.100 of the City Code.
[Ord. No. 1012 §8, 1-15-2008]
All purchases of, and contracts for, supplies and contractual
services and all sales of personal property which have become obsolete
and unusable shall, except as specifically provided herein, be based
whenever possible on competitive bids.
[Ord. No. 1012 §9, 1-15-2008]
A.
The
notice required by the preceding Section shall consist of the following:
1.
Notice inviting bids shall be published once in at least one (1)
official newspaper of the City at least five (5) days preceding the
last day set for the receipt of proposals. The newspaper notice required
herein shall include a general description of the articles to be purchased
or sold, shall state where bid blanks and specifications may be secured
and the time and place for opening bids.
2.
The City Clerk also shall advertise all pending purchases or sales
by a notice posted on the public bulletin board in the City Hall.
3.
The City Clerk also shall solicit sealed bids by direct mail request
to prospective vendors and by telephone as may seem to be in the best
interest of the City.
[Ord. No. 1012 §10, 1-15-2008]
Bids shall be submitted sealed to the City Clerk/Administrator
and shall be identified as bids on the envelope. They shall be opened
in public at the time and place stated in the public notices. A tabulation
of all bids received shall be posted for public inspection.
[Ord. No. 1012 §11, 1-15-2008]
A.
The
City reserves the right to reject any or all bids. Contracts shall
be awarded to the lowest responsible bidder. Bids shall not be accepted
from, nor contract awarded to, a contractor who is in default on the
payment of taxes, licenses or other monies due the City. In determining
"lowest responsible bidder", in addition to price, the following shall
be considered:
1.
The ability, capacity and skill of the bidder to perform the contract
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;
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 future maintenance and service
for the use of the subject of the contract; and
9.
The number and scope of conditions attached to the bid.
[Ord. No. 1012 §12, 1-15-2008]
All bids shall be accepted or rejected by the Board of Aldermen.
When the award is not given to the lowest bidder, a full and complete
statement of the reasons for placing the order elsewhere shall be
entered upon the journal of the Board.
[Ord. No. 1012 §13, 1-15-2008]
[Ord. No. 1012 §14, 1-15-2008]
A.
All purchases of supplies and contractual services and all sales of personal property that have become obsolete and unusable for which competitive bidding is not required by Section 140.080 of this Chapter shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 140.100 for the award of formal contracts.
1.
All open market purchases shall, whenever possible, be based on at least three (3) competitive bids and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in Section 140.110.
3.
The City Clerk/Administrator shall keep a record of all open market
orders and the bids submitted in competition thereon, and such records
shall be open to public inspection.
[Ord. No. 1012 §16, 1-15-2008]
In case of an apparent emergency that requires immediate purchase
of supplies or contractual services, the Board of Aldermen may authorize
the purchase, at the lowest obtainable price, of any supplies or contractual
services regardless of the amount of the expenditure. A full explanation
of the circumstances of an emergency purchase shall be recorded in
the journal of the Board of Aldermen.
[Ord. No. 1012 §17, 1-15-2008]
The City Clerk/Administrator, when authorized by the Board of
Aldermen, shall join with other units of government in cooperative
purchasing plans when the best interest of the City would be served.
