[Ord. No. 438-85 §1, 8-5-1985; Ord.
No. 1413-2020, 1-6-2020]
The purchasing agent shall be the City Administrator or his/her
designee. 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 Article
or required by law.
[Ord. No. 438-85 §2, 8-5-1985]
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
other ordinance, the purchasing agent shall:
1. Act to procure for the City the highest quality in supplies and contractual
services at the least expense to the City.
2. Prepare and adopt written specifications for all supplies and services.
3. Discourage uniform bidding and endeavor to obtain as full and open
competition as possible on all purchases and sales.
4. 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.
5. Prescribe and maintain such forms necessary for the operation of
the purchasing function.
6. Prepare, adopt and maintain a vendors' catalogue file. Said catalogue
shall be filed according to materials and shall contain descriptions
of vendors' commodities, prices and discounts.
7. Exploit the possibilities of buying "in bulk" so as to take full
advantage of discounts.
8. Act so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
9. Inspect or supervise the inspection of all deliveries with regard
to quantity, quality and conformance to specifications.
10. Pursue all appropriate claims against the supplier, shipper or carrier.
11. Sell surplus or unneeded supplies or property to the general public
by public auction, bidding or other appropriate method.
[Ord. No. 1413-2020, 1-6-2020]
12. Promulgate and establish administrative policies, procedures, rules
and regulations regarding cash drawers and petty cash funds.
[Ord. No. 1413-2020, 1-6-2020]
[Ord. No. 438-85 §3, 8-5-1985]
A. Each
City department or agency shall file with the purchasing agent 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 purchasing agent shall prescribe.
1. 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.
2. The purchasing agent shall examine each requisition or estimate and
shall have the authority to revise it as to quantity, quality or estimated
cost.
[Ord. No. 438-85 §4, 8-5-1985]
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.
[Ord. No. 1413-2020, 1-6-2020; Ord. No. 1508-2022, 12-5-2022]
Approval for budgeted purchases of less than fifteen thousand
dollars ($15,000.00) requires only the authorization of the department
head or his/her designee to be valid. Approval for budgeted purchases
fifteen thousand dollars ($15,000.00) or more requires the authorization
of the purchasing agent to be valid. Approval for any non-budgeted
purchases of seven thousand five hundred dollars ($7,500.00) and above
requires the authorization of the Board of Aldermen to be valid.
[Ord. No. 438-85 §5, 8-5-1985; Ord. No. 547-91 §§1 — 2, 6-17-1991; Ord. No. 1413-2020, 1-6-2020; Ord. No. 1508-2022, 12-5-2022]
A. When
the City negotiates any purchase, sale, or contract, there shall be
ample opportunity for competitive bidding in the following manner:
1. Purchases of less than five thousand dollars ($5,000.00) may be made
by the department head or his/her designee after soliciting bids in
the most expedient manner with due regard for competitive prices and
quality.
2. Purchases of five thousand dollars ($5,000.00) but less than fifteen
thousand dollars ($15,000.00) may be made by the department head or
his/her designee after obtaining at least three (3) competitive informal
quotes documented in writing.
3. Purchases of fifteen thousand dollars ($15,000.00) but less than
fifty thousand dollars ($50,000.00) may be made by the department
head or his/her designee with the purchasing agent's approval. These
purchases require the department head to obtain at least three (3)
competitive fax, email and/or written bids.
4. Purchases of fifty thousand dollars ($50,000.00) or more require
approval of the department head or his/her designee and purchasing
agent with final approval by the Board of Aldermen. These purchases
shall be made through the City's formal bid process.
[Ord. No. 438-85 §7, 8-5-1985]
Bids 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.
[Ord. No. 438-85 §8, 8-5-1985]
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
the "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;
9. The number and scope of conditions attached to the bid.
[Ord. No. 438-85 §9, 8-5-1985]
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 in the minutes of the Board of Aldermen.
[Ord. No. 438-85 §10, 8-5-1985]
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 a local bidder.
[Ord. No. 438-85 §13, 8-5-1985; Ord.
No. 1413-2020, 1-6-2020; Ord. No. 1508-2022, 12-5-2022]
A. The
following purchases are exempt from competitive bidding:
1. Emergency Purchases.
a. Items purchased in the case of public calamity or emergency as declared
by the appropriate governmental entity or official to relieve the
needs of the citizens or to preserve City property;
b. Items to preserve or protect the public health, safety or welfare
of the City's residents; and
c. Items necessary because of unforeseen damage to public machinery,
equipment or other property.
2. Single-Source Vendor. In some instances, a particular good or service
may only be available from one (1) vendor. Sole source purchases must
be approved, in writing, by the purchasing agent before the purchase
is made. A single-source vendor exists when:
a. Supplies are proprietary and only available from the manufacturer
or a single vendor; or
b. Based on past procurement experience, it is determined that only
one (1) vendor services the region in which the supplies are needed;
or
c. When supplies or contractual services are available at a discount
from a single vendor for a limited period of time; or
d. When the purchase involves specialized consulting or technical services
for a project with specific circumstances that require a unique combination
of abilities or expertise to perform the services required; or
e. When extraordinarily unique facts or special circumstances exist
which will result in significant cost savings to the City.
3. Cooperative Procurement. Cooperative governmental purchasing contracts
and contracts awarded by another governmental agency allow the City
to make purchases under contracts or agreements which have been competitively
bid and negotiated. If the goods and services covered by such an agreement
meet the City's needs, cooperative purchasing is encouraged, without
seeking additional bids.
[Ord. No. 438-85 §14, 8-5-1985]
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 Mayor
and Board of Aldermen.
[Ord. No. 519-90 §1, 3-19-1990]
The life of a contract shall not exceed one (1) year or completion
thereof except that the Board of Aldermen, at their discretion, may
renew on identical terms the contract of a successful bidder under
a contract providing services for the maintenance of City buildings,
grounds, streets and other routine maintenance. The City is under
no obligation, however, to renew such a contract for any reason and
may call for new bids at or before the end of any term of such contract.