[CC 1999 §8.0111; Ord. No. 99-11-01 §2, 11-16-1999]
The Purchasing Agent shall be appointed and approved by the Board of Aldermen. The Purchasing Agent when authorized, 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 Section or as required by law.
In addition to the purchasing authority conferred in Subsection (A), and in addition to any other powers and duties conferred by this or any other Section, the Purchasing Agent shall:
Act to procure for the City the highest quality of supplies and contractual services at the least expense to the City.
Prepare and adopt written specifications for all supplies and services which are reoccurring and/or have substantial value.
Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
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.
Prescribe and maintain such forms necessary for the operation of the purchasing function.
Maintain a purchasing order log (date, purchase order number, supplier, ordering department, etc.)
Act so as to procure for the City all Federal and State tax exemptions which it is entitled.
Have the authority to declare vendors who default on their quotations as irresponsible bidders and to disqualify them from receiving any business from the municipality for a stated period of time.
Inspect or supervise the inspections of all deliveries with regard to quantity, quality and conforming to specifications.
Pursue all appropriated claims against the supplier, shipper or carrier.
Each City department or agency shall file with the Purchasing Agent detailed requisitions or estimates of their requirements in supplies and contractual services.
A City department or agency shall not be prevented from filing, in the same manner, with the Purchasing Agent 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.
The Purchasing Agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality or estimated costs. Once a requisition is approved it becomes a purchase order.
No officer or employee of the City shall transact any business in his/her official capacity with any business entity of which he/she is an officer, agent or in which he/she owns a substantial interest; nor shall he/she make personal investments in any enterprise which will create a substantial conflict between his/her private interest and the public interest; nor shall he/she or any firm or business entity of which he/she is an officer, agent or member, or the owner of substantial interest, sell any goods or service, to any business entity which is licensed by or regulated in any manner by the agency in which the officer or employee serves.
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 to tender a decision or pass judgment. If any officer or employee is already engaged in the business transaction at the time that a matter arises, he/she shall be disqualified from rendering any decision of passing any judgment upon the same.
The Purchasing Agent and every other 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 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 the City personnel policy.
In case of an apparent emergency which required immediate purchase of supplies or contractual services, two (2) Aldermen may authorize the purchase, at the lowest obtainable price, of any supplies or contractual services. A full explanation of the circumstances of an emergency purchase shall be made in the minutes of the next regular meeting of the Board of Aldermen.
The Purchasing Agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interest of the City would be served and after approval of the Board of Aldermen.
[CC 1999 §8.0112; Ord. No. 99-11-01 §2, 11-16-1999]
When the City negotiates any purchase, sale or other contract, there shall be provided ample opportunity for competitive bidding as required in the following manner:
If the consideration is less than five hundred dollars ($500.00), bids shall be solicited in the most expedient manner including mail and telephone request with due regard for competitive prices and quality. The department head shall obtain a purchase order approved by the Purchasing Agent.
If the consideration is more than five hundred dollars ($500.00), but less than one thousand dollars ($1,000.00), bids shall be solicited in the most expedient manner including mail and telephone request with due regard for competitive prices and quality. Purchases shall be approved by two (2) Aldermen.
If the consideration is for more than one thousand dollars ($1,000.00) but less than five thousand dollars ($5,000.00), at least three (3) written bids shall be solicited by mail or telephone request from any prospective vendors. A record of the quotation shall be maintained. The purchase shall be approved by the Board of Aldermen.
All supplies and contractual services estimated to cost in excess of five thousand dollars ($5,000.00) shall be purchased by formal, written contract. Whenever possible, at least three (3) bids should be obtained from prospective qualified vendors. The Board of Aldermen shall award the contract or purchase.
Individual contracts, purchases or sales, be they for goods, supplies, commodities or services shall not be excluded from the requirement of competitive bidding herein above described, with the provision however, that professional services may be excluded.
Individual contracts or purchases shall not be subdivided for the purpose of evading the requirement of competitive bidding.
The solicitation of bids by notice as required by this Section shall consist of the following:
Notice inviting bids may be published once in at least one (1) official newspaper of the City at least ten (10) days prior to 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.
The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers who have requested that their name be added to a "bidders list" which the Purchasing Agent shall maintain, by sending them such notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendor and the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade ground to which the invitations are sent.
The Purchasing Agent shall also advertise all pending purchases of sales by a notice posted at City Hall.
Bids for supplies and contractual services estimated to cost in excess of five thousand dollars ($5,000.00) shall be submitted sealed to the Purchasing Agent 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 and a tabulation report forwarded to the Board of Aldermen.
The City reserves the right to reject any or all bids. Contracts shall be awarded to the lowest and best bidder. Bids shall not be accepted from, not 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:
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 or within the time specified, without delay or interference;
The character, integrity, reputation, judgment, experience and efficiency of the bidder;
The quality performance of previous contracts or services;
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
The quality, availability and adaptability of the supplies or contractual services to 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.
If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to the local bidder.
Sole Qualified Bidder. In the event there is only one firm or company or individual capable of providing a particular service or commodity and said services or commodities cannot be secured from other persons or companies then the bidding requirements contained above shall not be applicable. If that is the case the department head shall have said firms or companies approved by the Board of Alderman as sole qualified bidder.
[Ord. No. 90, 10-8-2013]
Sole qualified bid purchase in excess of one thousand dollars ($1,000.00) shall be preapproved by the Board of Alderman.
[CC 1999 §8.0114; Ord. No. 99-11-01 §2, 11-16-1999]
The City Treasurer, City Clerk, Board of Aldermen and Mayor shall have free access for the inspection of all books, accounts and papers which concerns any of their duties which they respectively contain and free access to all other offices of this City for the inspection of such books, accounts and papers during regular office hours at the offices of the respective officers.