[CC 1999 §8.0111; Ord. No. 99-11-01 §2, 11-16-1999]
A.
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.
B.
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:
1.
Act
to procure for the City the highest quality of supplies and contractual
services at the least expense to the City.
2.
Prepare
and adopt written specifications for all supplies and services which
are reoccurring and/or have substantial value.
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.
Maintain
a purchasing order log (date, purchase order number, supplier, ordering
department, etc.)
7.
Act
so as to procure for the City all Federal and State tax exemptions
which it is entitled.
8.
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.
9.
Inspect
or supervise the inspections of all deliveries with regard to quantity,
quality and conforming to specifications.
10.
Pursue
all appropriated claims against the supplier, shipper or carrier.
C.
Each
City department or agency shall file with the Purchasing Agent detailed
requisitions or estimates of their requirements in supplies and contractual
services.
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
costs. Once a requisition is approved it becomes a purchase order.
D.
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.
E.
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.
G.
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.
H.
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.
I.
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]
A.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
Individual
contracts or purchases shall not be subdivided for the purpose of
evading the requirement of competitive bidding.
B.
The solicitation
of bids by notice as required by this Section shall consist of the
following:
1.
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.
2.
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.
3.
The
Purchasing Agent shall also advertise all pending purchases of sales
by a notice posted at City Hall.
C.
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.
D.
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:
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 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 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.
E.
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.
F.
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]
1.
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.
