[R.O. 2012 § 135.010; Ord. No.
223 § 1, 6-16-1998; Ord. No. 326, 10-7-2008]
The City Administrator is hereby designated as Purchasing Agent
for the City. In the event the position of City Administrator is vacant,
the City Clerk shall perform the duties of the Purchasing Agent. The
Purchasing Agent, when authorized, shall procure for the City bids
for supplies and services needed by the City in accordance with the
procedures prescribed by this Chapter or required by law.
[R.O. 2012 § 135.020; Ord. No.
223 § 2, 6-16-1998; Ord. No. 326, 10-7-2008]
A.
In addition to the purchasing authority conferred in the preceding
Section and in addition to any other powers and duties conferred by
this Code 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.
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 vendor's 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 from the municipality for a stated period of time;
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.
12.
All purchases shall be made in accordance with the City budget
approved by the Board of Aldermen.
[R.O. 2012 § 135.030; Ord. No.
223 § 3, 6-16-1998; Ord. No. 326, 10-7-2008]
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
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. 2012 § 135.040; Ord. No.
223 § 4, 6-16-1998; Ord. No. 326, 10-7-2008]
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 which is licensed by or regulated in any manner by the City
in which the officer or employee serves.
[R.O. 2012 § 135.050; Ord. No.
223 § 5, 6-16-1998; Ord. No. 326, 10-7-2008]
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. 2012 § 135.060; Ord. No.
223 § 6, 6-16-1998; Ord. No. 326, 10-7-2008]
[R.O. 2012 § 135.070; Ord. No.
223 § 7, 6-16-1998; Ord. No. 326, 10-7-2008]
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 employees manual under Standards of Conduct or in Section 100.220 of this Code.
[R.O. 2012 § 135.080; Ord. No.
223 § 8, 6-16-1998; Ord. No. 326, 10-7-2008; Ord. No. 490, 9-1-2020]
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 than two thousand five hundred
dollars ($2,500.00), bids shall be solicited in the most expedient
manner with due regard for competitive prices and quality. The purchase
shall be approved by the department head.
2.
If the consideration is for more than two thousand five hundred
dollars ($2,500.00), but not more than ten thousand dollars ($10,000.00),
at least three (3) bids shall be solicited by mail, telephone or electronic
means 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 City Administrator.
3.
The City Administrator has the authority to approve all purchases
and contracts for goods and services within the limits of the annual
budget approved by the Board of Aldermen. Any purchase or contract
that exceeds the approved budgeted amounts within a department account,
must be approved by the Board of Aldermen prior to purchase or commitment
of a contract. Approved budgeted amounts cannot be changed or amended
without prior approval from the Board of Aldermen.
4.
If the consideration is for more than ten thousand dollars ($10,000.00)
and is not within the approved budgeted limits, three (3) written
bids shall be solicited by mail, telephone, fax or electronic means
from which the lowest bid, with proper qualifications, shall be accepted.
The purchase shall be approved by the Board of Aldermen.
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.
7.
Individual contracts or purchases covered under a State or Federal
government contract do not require competitive bidding. Such contract
or purchase must include formal documentation of the government contract.
[R.O. 2012 § 135.090; Ord. No.
223 § 9, 6-16-1998; Ord. No. 326, 10-7-2008]
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 City Clerk also shall solicit sealed bids from all responsible
prospective suppliers, who have requested their names be added to
a "Bidders' List," which the City Clerk 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 purchases or
sales by a notice posted on the public bulletin board in City Hall.
4.
The City Clerk also shall solicit sealed bids by direct mail
request to prospective vendors and by telephone as may seem to him/her
to be in the best interest of the City.
[R.O. 2012 § 135.100; Ord. No.
223 § 10, 6-16-1998; Ord. No. 326, 10-7-2008]
Bids shall be submitted sealed to the City Clerk 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.
[R.O. 2012 § 135.110; Ord. No.
223 § 11, 6-16-1998; Ord. No. 326, 10-7-2008]
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
9.
The number and scope of conditions attached to the bid.
[R.O. 2012 § 135.120; Ord. No.
223 § 12, 6-16-1998; Ord. No. 326, 10-7-2008]
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.
[R.O. 2012 § 135.130; Ord. No.
223 § 13, 6-16-1998; Ord. No. 326, 10-7-2008]
[R.O. 2012 § 135.140; Ord. No.
223 § 14, 6-16-1998; Ord. No. 326, 10-7-2008]
A.
All purchases of supplies and contractual services, and all sales of personal property that have become obsolete and unusable for which competitive bidding is not required by Section 145.080 of this Chapter shall be made in the open market without newspaper advertisement and without observing the procedure prescribed by Section 145.100 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 145.110.
3.
The City Clerk 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.
[R.O. 2012 § 135.150; Ord. No.
223 § 15, 6-16-1998; Ord. No. 326, 10-7-2008]
In case of an apparent emergency that requires immediate purchase
of supplies or contractual services, the Mayor may authorize the purchase
at the lowest obtainable price of any supplies or contractual services
not in excess of three thousand dollars ($3,000.00). Any purchase
in excess of three thousand dollars ($3,000.00) requires a verbal
majority of the Board of Aldermen. A full explanation of the circumstances
of an emergency purchase shall be recorded in the journal of the Board
of Aldermen.
[R.O. 2012 § 135.160; Ord. No.
223 § 16, 6-16-1998; Ord. No. 326, 10-7-2008]
The Purchasing Agents 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.
