[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984 by Ord. No. 895 as Ch. 51 of the 1984 Code. Amendments noted where applicable.]
Making of contracts — See Ch. 13, Sec. 13.1.
Purchasing Department and Purchasing Agent — See Ch. 13, Sec. 13.2.
Purchases and sales — See Ch. 13, Sec. 13.3.
Officers doing business with City — See Ch. 13, Sec. 13.4.
This chapter shall be known and may be cited as the "Purchasing Ordinance of the City of Roseville."
When not inconsistent with the context, words used in the present tense include the future, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- CITY MANAGER
- The City Manager of the City of Roseville.[Amended 7-27-1999 by Ord. No. 1125]
- CITY PURCHASING AGENT or AGENT
- The Purchasing Agent of the City.
- CONTRACTUAL SERVICES
- Includes all telephone, gas, water, electric light and power service; towel and cleaning service; leases for all grounds, buildings and office or other space required by the using agencies; and the rental, repair or maintenance of equipment, machinery and other City-owned personal property. The term shall not include professional and other contractual services which are in their nature unique and not subject to competition.
- Includes all supplies, materials and equipment.
- USING AGENCY
- Any department, agency, commission, bureau or other unit in the City government using supplies or procuring contractual services as provided for in this chapter.
There is hereby established in the administrative service of the City the Department of Purchasing and, in said Department, the office of City Purchasing Agent.
The City Purchasing Agent shall be the head and shall have general supervision of the Department of Purchasing. The Agent shall perform all duties required of a department head by law and shall have the powers and duties prescribed by this chapter.
Scope of purchasing authority.
Purchase or contract. The Agent shall have the power and it shall be his or her duty to purchase or contract for all supplies and contractual services needed by any using agency which derives its support fully 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 City Manager or the City Council.
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.
Unauthorized purchases. Except as herein provided, it shall be unlawful for any City officer or officers to order the purchase of any supplies or make any contract within the purview of this chapter other than through the Department of Purchasing, 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.
Other powers and duties. In addition to the purchasing authority conferred in Subsection B above and in addition to any other powers and duties conferred by this chapter, the Agent shall:
Minimum expenditure. Act to procure for the City the highest quality in supplies and contractual services at the least expense to the City.
Encourage competition. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
Rules and regulations. Establish and amend when necessary all rules and regulations authorized by this chapter and any others necessary to its operation.
Purchasing analysis. 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 and trade associations having national recognition and by private businesses and organizations.
Forms. Prescribe and maintain such forms as the Agent shall find reasonably necessary to the operation of this chapter.
Standard nomenclature. Prepare and adopt a standard purchasing nomenclature for using agencies and suppliers.
Vendors' catalog file. Prepare, adopt and maintain a vendors' catalog file. Said catalog shall be filed according to materials and shall contain descriptions of vendors' commodities, prices and discounts.
Bulk purchases. Exploit the possibilities of buying in bulk so as to take full advantage of discounts.
Federal tax exemptions. Act so as to procure for the City all federal tax exemptions to which it is entitled.
Cooperation with the Controller and Manager. Cooperate with the City Controller and Manager so as to secure for the City the maximum efficiency in budgeting and accounting.
Disqualifications of bidders. Have the authority to declare vendors, who default on their quotations, irresponsible bidders and to disqualify them for receiving any business from the municipality for a stated period of time.
Capacity of Agent. The Agent shall prepare and enforce all City specifications and, in cases where a variance appears, consult with the using department head and make a written report to the City Manager of reasons for acceptance.
Standardization. The Agent shall adopt as standard the minimum number of qualities, sizes and varieties of supplies consistent with the successful operation of the City government.
Specifications. The Agent shall prepare and adopt written specifications of all standard supplies.
Exception. The Agent shall have the authority to exempt a using agency of the City from the use of the supply described in such standard specification.
Consultation and using agencies. The Purchasing Agent shall consult with the heads and other officials of the using agencies to determine their precise requirements and shall endeavor to prescribe those standards which meet the needs of the majority of such agencies.
Nature of specifications. All specifications shall be definite and certain and shall permit competition; provided, however, that the provisions of this subsection shall not apply to noncompetitive types and kinds of supplies.
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 requisitions 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.
Unforeseen requirements. A using agency shall not be prevented from filing, in the same manner, with the Agent, at any time, a requisition or estimate for any supplies and contractual service, the need for which was not foreseen when the detailed estimates were filed.
Revisory power in Agent. The Agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality or estimated cost, but revision as to quality shall be in accordance with the standards and specifications established pursuant to this chapter.
Except in cases of emergency, the Agent shall not issue any order for delivery on a contract or open market purchase until the Comptroller shall have certified, after preaudit, that there is to the credit of the using agencies concerned a sufficient unencumbered appropriation balance, in excess of all unpaid obligations, to defray the amount of such order.
An officer or employee who intends to have business dealings with the City whereby he or she may derive any income or benefits, other than such as are provided as remuneration for his or her official duties, shall file with the Clerk a statement, under oath, setting forth the nature of such business dealings and his or her interest therein. The statement shall be filed with the Clerk not less than 10 days before the date when action may be taken by the Council upon the matter involved. The statement shall be spread upon the proceedings of the Council and published in full therein. Approval of any such business dealings shall require a require a concurring vote of at least six members of the Council, not including any member who is disqualified under Section 5.3 of the City Charter. Any business dealing made in violation of this section shall be void.
Gifts and rebates. The Agent and every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded, any rebate, gift or money or anything of value whatsoever, except where given for the use and benefit of the City.
[Amended 2-22-1988 by Ord. No. 967]
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 wherever possible on competitive bids. All contracts for demolition of condemned buildings and structures required by court order, consent judgments or demolition and lien agreements shall not be subject to competitive bidding, provided that the estimated cost of the demolition does not exceed $4,000 and provided that the cost of demolition becomes a lien on the real estate where the demolition occurs.
[Amended 7-25-1989 by Ord. No. 995; 6-8-2004 by Ord. No. 1187; 1-24-1995 by Ord. No. 1065; 3-28-1995 by Ord. No. 1068; 6-8-2004 by Ord. No. 1187; 9-28-2010 by Ord. No. 1238]
All supplies and contractual services, except as otherwise provided herein, when the estimated costs thereof shall exceed $7,500 shall be purchased by formal written contract from the lowest responsible bidder, after due notice inviting proposals. All items sent out for printing, such as forms and envelopes, letterheads and traffic tickets, and all services for mechanical repairs, such as engine replacements and transmission repairs, when the estimated costs thereof shall exceed $4,000 shall be purchased by formal written contract from the lowest responsible bidder, after due notice inviting proposals. All sales of personal property which have become obsolete and unusable, when the estimated value shall exceed $10,000, shall be sold by formal written contract to the highest responsible bidder after due notice inviting proposals in accordance with the following procedures:
Notice inviting bids.
Newspaper publication. Notice inviting bids for purchases and/or contractual services, except as otherwise provided herein, shall be published once in a newspaper having general circulation in the City at least five 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 and/or contracted for and shall state where bid blanks and specifications may be secured and the time and place for opening of bids.
Bidders' list. The Agent shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders' list, which the Agent shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
Bulletin board. The Agent shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the City Hall.
Alternate technologies. The agent may also advertise all sales, including a general description of the articles to be sold, via the internet or other means as such technology becomes available, so as to generate interest in the items being sold and where it is in the City’s best economic interests to do so.
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 return of deposit where the Agent has required same, upon failure on his or her part to enter a contract within 10 days after the award and notification to him.
Bid opening procedure.
Rejection of bids.
On bids in excess of $2,500, the Agent shall recommend the rejection of all bids, parts of all bids or all bids for any one or more supplies or contractual services included in the proposed contract when, in his or her opinion, the public interest will be served thereby.
Bidder in default to City. The Agent shall not accept the bid of any person, firm or corporation who is in default on the payment of taxes, licenses or other moneys due the City.
Award of contract.
Authority in Agent. The Agent shall have the authority to award contracts within the purview of this chapter.
Lowest responsible bidder. Contracts shall be awarded to the lowest responsible bidder. In determining the lowest responsible bidder, in addition to price, the agent shall consider:
The ability, capacity and skill of the bidder to perform the contract or provide the service required.
Whether the bidder can perform the contract or provide the service promptly, within the time specified and without delay or interference.
The character, integrity, reputation, judgment and efficiency of the bidder.
The quality of performance of previous contracts or services.
Previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.
The sufficiency of financial resources and the ability of the bidder to perform the contract or to provide the service.
The quality, availability and adaptability of the supplies or contractual services to the particular use required.
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.
The number and scope of conditions attached to the bid.
Whether the bidder has business premises in the City of Roseville or whether the principal officer of the bidder is a resident of the City of Roseville. Consideration of location within the City shall be permitted to be utilized as a factor in determining the lowest responsible bidder where a bidder situated in the City of Roseville is within 5% percent of the contract price of a nonresident bidder who would otherwise be determined as the lowest responsible bidder.
Award other than lowest priced bidder and contract amendment. If the award is not given to the lowest priced bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the agent and filed with other papers relating to the transaction. Where a contract for work, goods or services or any combination thereof has previously been awarded through competitive bidding, additional work, goods or services or any combination thereof may be added to the existing contract up to 25% of the original contract amount, provided that such work, goods or services or any combination thereof has been bid utilizing a unit pricing and such amendment occurs within 24 months of the original contract.
Tie bids. Where there is a tie for lowest responsible bidder, the agent shall award the contract to one of the tie bidders by drawing lots in public.
Performance bonds. The Agent shall have the authority to require a performance bond, before entering a contract, in such amount as he or she shall find reasonably necessary to protect the best interest of the City.
Prohibition against subdivision. No contract or purchase shall be subdivided to avoid the requirements of this section.
[Amended 7-25-1989 by Ord. No. 995; 6-8-2004 by Ord. No. 1187; 9-28-2010 by Ord. No. 1238]
All purchases of supplies and contractual services, except as otherwise provided herein, of less than the estimated value of $7,500 and all purchases of supplies and contractual services for printing, such as forms, envelopes, letterheads and traffic tickets, and all contractual services for mechanical repairs, such as engine replacements and transmission repairs, of less than the estimated value of $4,000, and all sales of personal property, which has become obsolete and unusable, of less than the estimated value of $10,000, shall be made in the open market, without newspaper advertisement, and shall be in accordance with the following procedure:
Minimum number of bids. All open market purchases shall, wherever possible, be based on at least three competitive bids and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in § 51-10E above.
Notice inviting bids. The Agent shall solicit bids by direct mail request to prospective vendors or by telephone or by public notice posted on the bulletin board of the City Hall, or by internet or other technologies likely to generate interest in the items being sold and in the City’s best economic interest to do so.
Recording. The Agent shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall be open to the public inspection.
Storerooms Revolving Fund. The Agent shall control and supervise storerooms and warehouses and shall administer the Storerooms Revolving Fund. There is hereby appropriated, out of any money in the City treasury not otherwise appropriated, $4,000 which shall be known as the "Storerooms Revolving Fund."
[Amended 7-25-1989 by Ord. No. 995]
Accounting procedure. Requisitions from supplies in a storeroom or warehouse shall be credited by the Agent to the Storerooms Revolving Fund by a charge against the appropriation of the using agency.
Inventory. The Agent shall maintain a perpetual inventory record of all materials, supplies or equipment stored in storerooms and warehouses.
The head of the using agency shall have the authority to submit requisitions to the Agent for supplies available under the terms of a price agreement contract made by the Agent.
In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the City Manager 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.
Recorded explanation. A full report of the circumstances of an emergency purchase shall be filed by the agent with the City Council and shall be entered in the minutes of the Council and shall be open to public inspection.
By head of departments.
In case of actual emergency, and with the consent of the Agent and the approval of the City Manager, 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.
Recorded explanation. The head of such using agency shall send to the Agent a requisition and a copy of the delivery record, together with a full written report of the circumstances of the emergency. The report shall be filed with the Council as provided in Subsection A(2) above.
Emergency procedure. The Agent shall prescribe by rules and regulations the procedure under which emergency purchases by heads of using agencies may be made.
The Agent shall inspect, or cause to have inspected, all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract.
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.
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 with the specifications. In the performance of such tests, the Agent shall have special the authority to make use of laboratory facilities of any agency of the City government or of any outside laboratory.
All using agencies shall submit to the Agent, at such time and in such form as the Agent shall prescribe, reports showing stocks of all supplies which are no longer used or which have become obsolete, worn out or scrapped.
Transfer. The Agent shall have the authority to transfer surplus stock to other using agencies.
The Agent shall have the authority to sell all supplies which have become unsuitable for public use to or to exchange the same for, 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.