[R.O. 2004 § 130.010; Ord. No. 457 § 1, 4-18-2000]
The purchasing agent shall be appointed by the
Mayor with the approval of the Board. 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 Chapter or required by law.
[R.O. 2004 § 130.020; Ord. No. 457 § 2, 4-18-2000]
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.
Have the authority to declare vendors who default
on their quotations irresponsible bidders and to disqualify them from
receiving any business from the municipality for a stated period of
time;
10.
Inspect or supervise the inspection of all deliveries
with regard to quantity, quality and conformance to specifications;
and
11.
Pursue all appropriate claims against the supplier,
shipper or carrier.
[R.O. 2004 § 130.030; Ord. No. 457 § 3, 4-18-2000]
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.
[R.O. 2004 § 130.040; Ord. No. 457 § 4, 4-18-2000]
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 member or in which he/she
owns a substantial interest; nor shall he/she make any personal investments
in any enterprise that 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
services to any business entity that is licensed by or regulated in
any manner by the agency in which the officer or employee serves.
If the purchasing agent has any conflict under this Section, then
the Board may approve and enter into any such purchase dealings, etc.,
that it deems fit and proper with any such entity and/or individual.
[R.O. 2004 § 130.050; Ord. No. 457 § 5, 4-18-2000]
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 upon to render a decision or pass judgment. If
any officer or employee already is engaged in the business transaction
at the time a matter arises, he/she shall be disqualified from rendering
any decision or passing any judgment upon the same.
[R.O. 2004 § 130.060; Ord. No. 457 § 6, 4-18-2000]
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.
[R.O. 2004 § 130.070; Ord. No. 457 § 7, 4-18-2000]
A. When the City negotiates any purchase, sale or other
contract, there shall be provided ample opportunity for competitive
bidding in the following manner:
1.
If the consideration is not more that five hundred
dollars ($500.00), bids shall be solicited in the most expedient manner
with due regard for competitive prices and quality.
2.
If the consideration is for more than five hundred
dollars ($500.00) but less than two thousand five hundred dollars
($2,500.00), at least three (3) bids shall be solicited by mail or
telephone request from three (3) prospective vendors from which the
lowest bid with proper qualifications shall be accepted. A record
of the quotations shall be maintained. The purchase shall be approved
by the Board of Aldermen.
3.
If the consideration is for more than two thousand
five hundred dollars ($2,500.00) but less than five thousand dollars
($5,000.00), three (3) written bids shall be solicited from which
the lowest bid with proper qualifications shall be accepted. 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 from the lowest responsible bidder, after
due notice inviting proposals. Whenever possible, at least three (3)
bids should be obtained from prospective, qualified vendors. The Board
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 hereinabove described.
6.
Individual contracts or purchases shall not
be subdivided for the purpose of evading the requirement of competitive
bidding.
[R.O. 2004 § 130.080; Ord. No. 457 § 8, 4-18-2000]
A. The notice required by the preceding Section shall
consist of the following:
1.
Notice inviting bids shall be published once
in at least one (1) official newspaper of the City at least five (5)
days preceding 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 also shall solicit sealed
bids from all responsible prospective suppliers who have requested
their names be added to a "bidders' list," which the purchasing agent
shall maintain, by sending them a copy of such newspaper notice or
such other notice as will acquaint them with the proposed purchase
or sale. In any case, invitations sent to the vendors on the bidders'
list shall be limited to commodities that are similar in character
and ordinarily handled by the trade group to which the invitations
are sent.
3.
The City Clerk also shall advertise all pending
purchase or sales by a notice posted on the public bulletin board
in the City Hall.
4.
The City Clerk also shall solicit sealed bids
by direct mail request to prospective vendors and by telephone, e-mail
and electronic communication as may seem to him/her to be in the best
interest of the City.
[R.O. 2004 § 130.090; Ord. No. 457 § 9, 4-18-2000]
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.
A tabulation of all bids received shall be posted for public inspection
and a tabulation report forwarded to the Board of Aldermen.
[R.O. 2004 § 130.100; Ord. No. 457 § 10, 4-18-2000]
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 "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,
and the number and scope of conditions attached to the bid.
[R.O. 2004 § 130.110; Ord. No. 457 § 11, 4-18-2000]
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 upon the journal of the Board of Aldermen.
[R.O. 2004 § 130.120; Ord. No. 457 § 12, 4-18-2000]
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 or as the Board
of Aldermen may otherwise choose.
[R.O. 2004 § 130.130; Ord. No. 457 § 13, 4-18-2000]
A. All purchases of supplies and contractual services, and all sales of personal property that has become obsolete and unusable for which competitive bidding is not required by Section
130.070 of this Chapter, shall be made in the open market without newspaper advertisement and without observing the procedure prescribed by Section
130.090 for the award of formal contracts.
1.
All open market purchases shall, whenever possible, be based on at least three (3) competitive bids and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in Section
130.100.
2.
The City shall solicit bids by direct mail request
to prospective vendors, by telephone, e-mail and electronic communication,
and by public notice posted on the bulletin board of the City Hall.
3.
The purchasing agent shall keep a record of
all open market orders and the bids submitted in competition thereon,
and such records shall be open to public inspection.