[R.O. 2009 §2-451; Code 1969 §13-29]
The purpose of this Chapter is to establish rules and procedures governing the procurement of materials, supplies, equipment and services for the City and to maintain a high ethical standard for all officers and employees of the City in connection therewith.
[R.O. 2009 §2-452; Code 1969 §13-30]
The City Clerk/Administrator shall act as the purchasing agent. The purchasing agent shall, in accordance with and subject to the rules, regulations and procedures in this Chapter and all applicable laws and ordinances:
Direct, supervise and be responsible for the procurement and acquisition of all materials, supplies and equipment and all contractual service and all insurance required by any department, agency or office of the City and by any other governmental department, agency or office with respect to any procurement by such department, agency or office funded wholly or partially, either directly or indirectly, by City funds; provided however, the purchasing agent shall not be responsible for contracts for the acquisition of real estate or for professional services, except as provided in this Chapter;
Sell or dispose of all obsolete or unusable personal property of the City.
[R.O. 2009 §2-453; Code 1969 §13-31]
The purchasing agent and every officer, agent and employee of the City are hereby prohibited from soliciting, accepting or agreeing to accept any benefit, directly or indirectly, in return for his/her official vote, opinion, recommendation, judgment, decision, action or exercise of discretion as a public servant in the purchasing process.
[R.O. 2009 §2-454; Code 1969 §13-32]
The purchasing agent is hereby authorized and directed to adopt such written regulations, purchasing records, forms and procedures as may be necessary for the implementation of this Chapter. Any such regulations, records, forms and procedures adopted by the purchasing agent shall become effective within thirty (30) days after submission to the Board of Aldermen unless they are disapproved by the Board of Aldermen within such thirty (30) day period. Copies of such regulations, records, forms and procedures shall be on file at the office of the purchasing agent and shall be available for public inspection.
[R.O. 2009 §2-455; Code 1969 §13-33]
Each agency shall present to the purchasing agent in such manner, at such times and for such periods as the purchasing agent shall prescribe, detailed estimates of its requirements for supplies, materials, equipment and contractual services. Each agency may also present to the purchasing agent at any time a requirement for any materials, supplies, equipment or services for which the need was not foreseen when the agency's detailed estimate was presented. The purchasing agent shall examine each estimate or requirement and he/she shall have the authority to revise it as to quantity, quality or estimated cost after consulting with the head of the using agency.
[R.O. 2009 §2-456; Code 1969 §13-34; Ord. No. 3591 §1, 3-16-1998]
A purchase order or contract in excess of five thousand dollars ($5,000.00) shall be issued and become valid only when approved by the Board of Aldermen, who shall have determined that there is a sufficient unencumbered balance in the appropriation account of the using agency to fund such purchase order or contract, except where otherwise provided in the budget.
[R.O. 2009 §2-457; Code 1969 §13-35; Ord. No. 2790 §1, 4-7-1986; Ord. No. 3016 §1, 7-17-1989; Ord. No. 3082 §1, 8-20-1990; Ord. No. 3092 §1, 10-1-1990; Ord. No. 3158 §1, 8-5-1991; Ord. No. 3453 §1, 11-20-1995]
Supplies, materials, equipment, public improvements and contractual services (except for professional services subject to City Code Section 135.120) shall be procured only after obtaining formal written bids when the value of the proposed procurement is in excess of ten thousand dollars ($10,000.00) or when directed by the Board of Aldermen or when required by the laws of the State. The procurement of several items of the same type at substantially the same time is a single purchase for the purpose of this Chapter and the total cost of all such items will determine whether the formal competitive bidding procedure must be followed. No contract or purchase shall be subdivided to avoid competitive bidding procedures. The procurement of professional services subject to City Code Section 135.120 are expressly excluded from the operation of this Section.
Such bids shall be invited through a notice to be published in at least one (1) local newspaper of general circulation in the City, not less than one (1) time if published in a weekly newspaper or not less than two (2) consecutive issues if published in a daily newspaper. The publication shall be at least ten (10) days prior to the date specified for submission of bids. A public notice shall also be posted in a prominent and public place at the City Hall. Such notice shall include a general description of the item or items to be purchased, the conditions of such purchase, the place where specifications and bid forms may be secured, the time and place for submitting such bids and the time and place for acceptance of bids. The purchasing agent may also solicit bids by mailing copies of the specifications and bidding documents to prospective vendors.
Any and all bids for any contract or purchase may be rejected with or without reason and a provision to this effect shall be included in all notices or advertisements.
The purchasing agent may advertise for sealed bids for any item for which an appropriation has been made in the annual budget of the City or upon resolution of a majority of the members of the Board of Aldermen.
All bids shall be sealed, identified as bids on the envelope and submitted within the time and at the place stated in the public notice inviting bids. The time of receipt of each bid shall be entered by the receiving employee on the envelope containing such bid.
All bid documents will include an insurance clause as follows:
All bids shall include and cover the cost of Workers' Compensation insurance for all employees of the bidder and for all employees of all subcontractors. It is agreed that the successful contractor shall furnish the City with a certificate of insurance from an insurance company with a Best's rating of at least B+/VII or greater if required by the Board of Aldermen, indicating statutory Workers' Compensation coverage and the minimum coverage amounts stated in Subsection (F)(2) of this Section. The policy of insurance shall have endorsed on it a requirement of at least thirty (30) days' written notice mailed to the City indicating any cancellation or material change in coverage. The Board of Aldermen may increase or decrease the minimum coverage amounts on a per project basis.
Minimum coverage amounts.
Automobile combined single limit: $1,000,000.00.
Special items. Per project endorsement.
The contractor shall indemnify and hold harmless the municipality and its elected and appointed officials and employees from and against all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is:
Attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom, and
Caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified under this Chapter.
In any and all claims against the municipality or any of its agents or employees by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Subsection shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the contractor or any subcontractor under Worker's Compensation acts, disability benefit acts or other employee benefit acts.
All bids received pursuant to this Section shall be opened and read on the date set for receiving said bids by the City Clerk/Administrator or his/her duly authorized representative in an open public session. The Board of Aldermen will receive tabulated bids at the Board meeting following the time to submit bids has expired. Then the appropriate committee shall in conjunction with purchasing agent and the head of the using agency, prior to the next regular meeting of the Board of Aldermen after the bid time expires, prepare a written summary of all bids, including a review of the facts. All bids received shall be made available for inspection as a public record. Results of the bidding and awarding of contracts shall be posted in a prominent and public place at the City Hall.
After presentation of the available data, the Board of Aldermen, at a regular or special meeting, shall award the contract to the lowest and best, responsible, timely bidder for the goods or services to be procured; provided however, the Board of Aldermen shall have the right and the authority to reject any and all bids. The Board of Aldermen may also confer the right of awarding the bid to the appropriate committee with such committee's action concerning the bid reported back to the full Board at the next regular meeting. The Board of Aldermen shall have authority to give City businesses, having paid taxes for two (2) consecutive years prior to such bid, a preference in its discretion, if the bid of such business is within three percent (3%) of the lowest responsible, timely bidder for the goods or services to be procured.
Subsequent to the award by the Board of Aldermen, the purchasing agent shall, by purchase order or formal contract authorized by ordinance, enter into an agreement with the bidder selected by the Board of Aldermen for procurement of the goods and services to be procured.
When deemed necessary by the purchasing agent, bid deposits may be required. The deposits may be required to be in the form of a certified check or bid bond and may be for an amount of one thousand dollars ($1,000.00) or ten percent (10%) of the amount of the bid, whichever is greater. Bonds shall be from a bonding company with a Best's rating of at least B+/VII or greater if required by the Board of Aldermen.
The successful bidder may be required to post a performance bond whenever the same is deemed appropriate by the purchasing agent; provided however, such requirement is set forth in the conditions of bidding. The performance bond may be in the form of a specified amount or a percentage of the value of the proposed purchase and shall be from a bonding company with a Best's rating of at least B+/VII or greater if required by the Board of Aldermen. The purchasing agent shall establish, in the conditions of bidding, such terms as may be deemed appropriate to protect the interest of the City.
All bids shall contain a provision substantially in the form that follows:
"Neither the final payment nor any of the retained percentage shall become due until the contractor shall deliver to the City a complete release of all liens and claims arising out of the contract."
[R.O. 2009 §2-458; Ord. No. 1969 §13-36; Ord. No. 3082 §1, 8-20-1990; Ord. No. 3453 §1, 11-20-1995]
The purchasing agent may, without prior authority, acquire in the open market all goods and services with a value of less than two thousand dollars ($2,000.00). Such acquisition shall be based upon sound procurement principles. Formal bids shall not be required, but whenever practicable, purchases of the value between five hundred dollars ($500.00) and ten thousand dollars ($10,000.00) shall be based upon quotations from two (2) or more vendors.
[R.O. 2009 §2-459; Code 1969 §13-37; Ord. No. 3453 §1, 11-20-1995]
The Board of Aldermen may by resolution approve negotiated procurement of goods or services of a value in excess of ten thousand dollars ($10,000.00) if there have been no responsive bids to an advertisement for bids or if the Board of Aldermen has rejected all bids.
[R.O. 2009 §2-460; Code 1969 §13-38; Ord. No. 3453 §1, 11-20-1995]
The Board of Aldermen may by resolution approve negotiated procurement of goods or services of a value in excess of ten thousand dollars ($10,000.00) without requiring formal competitive bids if the Board of Aldermen determines from all information submitted to it by the purchasing agent and/or the using agency that such goods or services are of such specialized or non-standard nature that they can be acquired only from a sole source of supply and that no similar standard goods or provider would reasonably satisfy the City's requirements.
[R.O. 2009 §2-461; Code 1969 §13-39]
When professional services in addition to those provided by the City's officers and employees are required by the City, investigation shall be made in the manner directed or approved by the Board of Aldermen concerning persons or companies who perform the required service. On the basis of such investigation, the Board of Aldermen may then by ordinance approve a contract for the required professional service.
[R.O. 2009 §2-462; Code 1969 §13-39-1]
Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Subsection (A), except where the context clearly indicates a different meaning:
- Any individual, firm, partnership, corporation, association or other legal entity permitted by law to practice architecture, engineering or land surveying in the State or to provide professional services as described herein.
- PROFESSIONAL SERVICES
- Those services within the scope of practice of architecture, engineering or land surveying, as defined by the laws of the State, or those performed by any architect, professional engineer or registered land surveyor in connection with this professional employment or practice. The term "professional services" may also encompass the services provided by planning consultants, accountants, public improvements, tax collections and consultants for all legal, insurance, safety, the City Attorney, the Prosecuting Attorney and other persons or firms providing consulting services, when certain expertise is not available from City Officers and employees.
Roster Of Consultants.
The City Clerk/Administrator will maintain a roster, classified by category of professional service, of qualified firms interested in performing professional services for the City.
Publications by professional organizations which list the qualified firms in a specific field may be incorporated in the roster.
General Procedures And Responsibilities.
Project initiation. When a department of the City identifies a project for which professional services will be necessary, the department will draft a scope of services for the specific project. This scope of services will be submitted to the City Clerk/Administrator for authorization to initiate the project and for submittal to the Board of Aldermen. The scope of services should include the following:
Expressions of interest. After authorization the administering department will contact those firms on the roster and those firms responding to advertisements for a written expression of interest in the specific project. The request should invite comment as to special experience in the project being considered, describe previous experience with similar projects and the availability of the firm to provide required service within any time limitations.
Initial screening and requests for proposals. The expressions of interest will then be presented to the appropriate screening and selection committee for initial screening. Factors to be determined in the initial screening will include:
Specialized experience in the type of work required;
Record of the firm in accomplishing work on other projects in the required time;
Quality of work previously performed by the firm for the City;
Recent experience showing accuracy of cost estimates;
Community relations including evidence of sensitivity to citizen concerns;
Geographic location of the office of the firm which would serve the project.
The screening committee will designate at least three (3) firms who will be requested to present detailed proposals on the project.
Detailed proposals. Firms submitting detailed proposals will be asked to provide the following:
A resume of the firm principal who will be responsible for the project;
A resume of the proposed project supervisor;
Resumes of key project personnel;
A statement of the ability of the firm to meet required time schedules;
A description of how the project would be conducted;
A schedule of hourly rates for various services offered and a proposed project fee range;
A list of municipal references for similar types of projects;
Any other pertinent information the firm wishes to present.
Interview and selection. Upon receipt of the detailed proposals, the selection and screening committee will be convened to review the proposals, interview the prospective firms and make the final selections as to the firm for the project. Written interview and selection criteria utilizing a point system that has been agreed upon by the committee shall be established prior to receiving detailed proposals on a project. The prime factors to be rated in the final screening are the firm's:
Approach to the project;
Understanding of City's objectives;
Proposed work schedule;
Staff to be assigned;
Fee and/or schedule of hourly rates;
Knowledge of local situation;
Ability to communicate;
Presentation and attitude;
Contract negotiation. The selected firm will then be requested to come in for a final conference with the screening and selection committee to define precisely the scope of service to be provided and to finalize the compensation requirements for the work. A contract is prepared and submitted to the City Clerk/Administrator for presentation to the Mayor and Board of Aldermen for approval by ordinance.
If, after reasonable effort, a contract cannot be negotiated, the negotiations with the designated firm shall be terminated and negotiations shall be started with the next firm recommended.
In view of the fact that special conditions will occasionally arise that make use of this policy impractical, there can be exceptions made. Reasons for exceptions may include an emergency situation which precludes a selection time frame of at least two (2) months or an extremely specialized need in which there is only one (1) feasible source of expertise. If it appears there is a need or an exception to the policy, the City Clerk/Administrator will inform the Mayor and Board of Aldermen to allow them the opportunity to deny the exception.
If the number of firms willing and available to perform a specific task is small, the step involving initial screening may be skipped and the selection process will go directly to detailed proposals.
Compensation Or Fee. The amount will include all services to be rendered to the City by the firm, with the exception of certain pass through expenses that will be identified by contract, if applicable, and it will be calculated by one (1) of the following methods, at the preference of the City:
Prohibition Against Contingent Fees.
Each contract entered into by the Board of Aldermen for professional services shall contain a prohibition against contingent fees as follows:
"No firm shall retain a person to solicit or secure a City contract for professional services upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business."
For the breach or violation of the foregoing provision, the Mayor and Board of Aldermen shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration.
Waiver. The Mayor and Board of Aldermen may waive any and all aforementioned procedural requirements in the best interest of the City.
[R.O. 2009 §2-463; Code 1969 §13-40]
Real estate shall only be acquired or sold by the City pursuant to a contract authorized and approved by an ordinance enacted by the Board of Aldermen.
[R.O. 2009 §2-464; Code 1969 §13-41]
Public improvements covered by ordinance of the City shall be contracted for in the manner provided in this Chapter.
Emergency work or repairs requiring prompt attention, ordinary maintenance work, work to be paid out of the general fund of the City for which specific provision was made in the budget and work to be paid out of the appropriated proceeds of any bond issue authorized by vote of the people shall be procured as provided by the provisions of this Chapter applicable to the type of procurement involved.
[R.O. 2009 §2-465; Code 1969 §13-42; Ord. No. 4201 §2, 8-17-2009]
When the City needs new or replacement insurance or the Board of Aldermen directs that a comprehensive study be made of any insurance requirements, the following procedure will be followed:
The purchasing agent shall advise the Board of Aldermen of pending expiration of existing policies at least one hundred eighty (180) days in advance of any such expiration.
The purchasing agent will review with the insurance consultant and establish needed specifications and present same to the Board of Aldermen for approval.
The insurance consultant acting on behalf of the City or purchasing agent shall advertise the need for such new or replacement insurance or such insurance study by advertisements in at least one (1) local newspaper of general circulation within the County, not less than two (2) times and the first (1st) publication at least ninety (90) days prior to the expiration date of existing policies.
The insurance consultant acting on behalf of the City or purchasing agent shall make available to any duly licensed insurance agency or company all available specifications and data concerning the insurance requirements in question.
The purchasing agent, in consultation with the insurance consultant, will review and evaluate all proposals for insurance coverage.
The purchasing agent and insurance consultant will, at least forty-five (45) days in advance of policy expiration dates or the effective dates of new policies, recommend to the Board of Aldermen an agency or company, or both, for selection to provide the proposed insurance coverage. The recommendation shall include all relevant details and the advantages and disadvantages of the various proposals.
The Board of Aldermen shall then select the agency or company or both to provide required insurance coverage.
[R.O. 2009 §2-466; Code 1969 §13-43]
The purchasing agent or his/her agent shall inspect or supervise the inspection of all deliveries of supplies, materials, equipment or contractual services to determine their conformance with the specifications set forth in the order or contract.
The purchasing agent may authorize using agencies or departments having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the purchasing agent shall prescribe.
The purchasing agent shall have the authority to require chemical and physical tests of bid and delivery samples to determine their quality and conformance with the specifications. In the performance of such tests, the purchasing agent shall have the authority to make use of laboratory facilities of any outside laboratory at the contractor's expense.
[R.O. 2009 §2-467; Code 1969 §13-44]
The purchasing agent, with the approval of the Board of Aldermen, shall have the authority to join with any other governmental units in cooperative purchasing when the best interests of the City would be served by such cooperative purchasing.
[R.O. 2009 §2-468; Code 1969 §13-45; Ord. No. 4449 §1, 7-15-2013]
Generally. All department heads shall submit to the Purchasing Agent, at such time and in such form as the Purchasing Agent shall prescribe, reports showing stocks of all supplies, materials and equipment that are no longer used or that have become obsolete, worn out or scrapped.
Transfers. The Purchasing Agent is hereby authorized to transfer surplus or excess stock to other departments.
Sales. The Purchasing Agent is hereby authorized to sell all supplies, materials or equipment having an estimated value of greater than one thousand dollars ($1,000.00) that have become unsuitable for public use, or to exchange the same for, or trade in the same, on new supplies, materials or equipment. Sales under this Subsection shall be made to the highest bidder. Sales of surplus supplies, materials or equipment having an estimated value of less than one thousand dollars ($1,000.00) shall be sold or traded in the open market.
Avoidance Of Conflicts. No employee of a disposing department shall directly or indirectly purchase or agree with another person to purchase surplus or excess stock if the employee is, or has been, directly or indirectly involved in the purchase, disposal, maintenance, operation or preparation for sale of the surplus or excess stock. The Purchasing Agent is authorized to waive this prohibition when the sale of surplus stock is implemented by competitive sealed bidding or by public auction.
Disposal. The Purchasing Agent is hereby authorized to dispose of surplus supplies, materials or equipment that have been determined to have no appreciable value.
Auctions. The use of an auction company, including auction by electronic means, is hereby authorized to facilitate the sale of surplus stock.
[R.O. 2009 §2-469; Code 1969 §13-46]
Except as provided in this Chapter and in regulations that may be prescribed by the Board of Aldermen, it shall be unlawful for any officer or employee of the City other than the purchasing agent to purchase material, supplies or equipment or to enter into contracts for any goods or services and the City shall not be bound by any purchase ordered or any contract made in violation of the provisions of this Chapter.
[R.O. 2009 §2-470; Code 1969 §13-47]
If any officer or employee of the City shall knowingly violate any provision of this Chapter, he/she shall be personally liable to the City and liable under his/her bond, if any, for any damages suffered by the City.