[Adopted 8-15-2005 by Ord. No. 2005-06 as § 3.11
of the 2005 Code; amended 1-21-2008 by Ord. No. 2008-01]
B.
Compliance; exemptions.
(1)
This article shall not prevent the City from complying with the terms
and conditions of any grant, gift, or bequest that is otherwise consistent
with law.
(2)
When procurement involves the expenditure of federal or state assistance
funds, the City shall comply with applicable federal law and regulations.
C.
BUSINESS
CHANGE ORDER
CONTRACT
INVITATION FOR BIDS
PERSON
PROCUREMENT
PUBLIC CONSTRUCTION
PURCHASE DESCRIPTION
PURCHASING AGENT
REQUEST FOR PROPOSALS
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Any corporation, partnership, individual, sole proprietorship,
joint stock company, joint venture, or any other private legal entity.
A written order signed by the purchasing agent directing
the contractor to suspend work or make changes, which the appropriate
clauses of the contract authorize the purchasing agent to order without
consent of the contractor, or any written alteration in specifications,
delivery point, rate of delivery, period of performance, price, quantity,
or other provisions of any contract accomplished by mutual action
of the parties to the contract.
Any City agreement for the procurement or disposal of supplies,
services, or construction.
All documents, whether attached or incorporated by reference,
used for soliciting bids.
Any business, individual, union, committee, club, other organization,
or group of individuals.
Buying, purchasing, renting, leasing with an option to purchase,
or otherwise acquiring any supplies, services, or construction.
Activities concerned with the erection of buildings and bridges,
the construction of streets and highways, and other similar public
improvements which require the combining of materials, supplies, and
labor.
The words used in a solicitation to describe the supplies,
services, or construction to be purchased, and includes specifications
attached to or made a part of the solicitation.
The person duly authorized by the governing body of the City
to enter into and administer contracts and make written determinations
with respect thereto.
All documents, whether attached or incorporated by reference,
used for soliciting proposals.
The City Administrator shall be designated as the official Purchasing
Agent for the City. The Purchasing Agent, under the direction of the
Common Council, shall be responsible to make procurements, solicit
bids and proposals, enter into and administer contracts, and make
written determinations for the City.
Purchasing process guidelines shall be defined in the City's
administrative Purchasing Policy. From time to time, the Common Council
shall review the policy and approve any necessary changes. The following
provisions of the policy shall apply to all purchases:
A.
The City Administrator or Mayor may execute any purchase orders in
the event of an emergency caused by natural disaster, or in the ordinary
course of business when the situation warrants such that to not make
or approve such purchase would cause an imminent threat to the public's
health, welfare, or safety.
[Amended 11-17-2014 by Ord. No. 2014-05]
B.
No expenditures shall be made on an installment basis, partial payments
or partial purchases in an attempt to circumvent the limitations of
this policy.
C.
Expenditures will be reported to the Council at the next regular
meeting.
A.
An invitation for bids shall be issued when a contract is to be awarded
by competitive sealed bidding. The invitation shall include a purchase
description and all contractual terms and conditions applicable to
the procurement. Public notice of the invitation for bids shall be
given at least 15 days prior to the date set forth therein for the
opening of bids. The notice shall include publication in a newspaper
of general circulation.
B.
Any procurement of $5,000 or more for a public construction project
shall meet the legal requirements of § 62.15(1), Wis. Stats.
C.
Bids shall be opened publicly in the presence of one or more witnesses
at the time and place designated in the invitation for bids. The amount
of each bid and any other relevant information, together with the
name of each bidder, shall be recorded. The record and each bid shall
be open to public inspection.
D.
Bids shall be unconditionally accepted without alteration or correction,
except as authorized in this article. Bids shall be evaluated based
on the requirements set forth in the invitation for bids.
E.
Correction or withdrawal of inadvertently erroneous bids before or
after award, or cancellation of awards or contracts based on such
bid mistakes, shall be permitted. After bid openings no changes in
bid prices or other provisions of bids prejudicial to the interest
of the City or fair competition shall be permitted. All decisions
to permit the correction or withdrawal of bids or to cancel awards
or contracts based on bid mistakes shall be supported by a written
determination made by the purchasing agent.
F.
The contract shall be awarded with reasonable promptness, by written
notice, to the lowest bidder whose bid meets the requirements and
criteria set forth in the invitation for bids.
An invitation for bids, a request for proposals, or other solicitation
may be canceled, or any or all bids or proposals may be rejected,
in whole or in part, as may be specified in the solicitation, when
it is in the best interests of the City. The reasons shall be part
of the contract file.
The City may solicit bids from specific vendors or a preselected
bid list in addition to the required legal advertising in the newspaper.
The competitive sealed bid process is only required of public
construction purchases over $25,000, but is strongly recommended for
other purchases over $25,000.
A.
Any actual or prospective bidder, offeror, or contractor who is aggrieved
in connection with the solicitation or award of a contract may appeal
to the Common Council. An appeal shall be submitted in writing within
five working days after the aggrieved person knows or should have
known of the facts.
B.
The City's governing body shall be the final appeal on the City
level.
No person involved in making purchasing decisions may have personal
investments in any business entity which will create a substantial
conflict between his private interests and his public duties.