[CC 1985 § 2-366; Ord. No. 5670 § 1(13-132), 2-17-1981]
The City Clerk may prescribe and maintain such forms and procedures
as necessary to expedite purchasing by the City.
[CC 1985 § 2-367; Ord. No. 5670 § 1(13-133), 2-17-1981; Ord. No. 6012 § 1, 8-6-1984; Ord. No. 6181 § 1, 7-21-1986; Ord. No. 6676 § 11, 2-1-1993]
A. The quantitative criteria for determining the degree of
formality to be observed for each particular purchase by the City
shall be as follows:
1.
Purchases Under One Thousand Dollars ($1,000.00).
Budgeted purchases under one thousand dollars ($1,000.00) may be made
directly by the department heads without formality.
2.
Purchases From One Thousand Dollars ($1,000.00)
To Two Thousand Five Hundred Dollars ($2,500.00). For budgeted purchases
from one thousand dollars ($1,000.00) to two thousand five hundred
dollars ($2,500.00), the City Administrator or department heads, without
council approval, shall solicit at least three (3) bids, either in
writing, by telephone, or both. The execution of the bid requirement
should be documented on a prescribed form, which form shall include
a statement from the Finance Director that the budgeted funds are
available for immediate disbursement. The bids shall be submitted
to the City Council for subsequent award of the contract of services
to the lowest responsible bidder who submits a responsive bid which
is most advantageous to the City (hereafter referred to as the "lowest
responsible bidder").
3.
Purchases Over Two Thousand Five Hundred Dollars
($2,500.00). Whenever any contemplated purchase or contract for services
is for more than two thousand five hundred dollars ($2,500.00), the
City Council, by motion, or the City Administrator shall direct the
City Clerk to solicit at least three (3) written sealed bids for the
items or services. The City Council shall award the purchase or contract
of services to the lowest responsible bidder.
4.
Solicitation Of Bids. Whenever any contemplated purchase or contract for services requires solicitation for bids, the City Clerk, upon request of the City Administrator, a department head or by order of the City Council, shall cause to be published in no less than one (1) issue of a newspaper of general circulation in the City a notice inviting bids. The first such notice shall be published at least seven (7) days prior to the date set for the receipt of the bids. Such notice shall include a general description of the repairs or improvements and the time and place for opening bids. In addition, the City Clerk shall post a notice inviting bids in the City Administrator offices and may mail to all responsible prospective contractors for services performed a copy of the notice inserted in the newspaper as required in this subsection. This provision shall not apply to those cases in which bids are solicited by telephone as set forth in subsection
(2) hereof.
5.
Notwithstanding any provision of this Article
V, bids may be opened and reviewed in public by a council committee,
or by the City Administrator, City Clerk, and department head meeting
together, and subsequently reported to the Council for its consideration
and award.
6.
Notwithstanding any provision of this article,
the City Administrator may, with council approval, extend any contract
for purchases or services awarded hereunder for the same or similar
purchases or services by no more than fifty percent (50%) of the original
contract amount.
[CC 1985 § 2-368; Ord. No. 5670 § 1(13-134), 2-17-1981]
A. A department head or the City Council shall not be precluded
from applying more formal procedures in a particular situation than
those called for under the prescribed requirements.
B. The following criteria for selection of the lowest responsible
bidder shall be considered:
1.
Responsibility of bidder:
a.
The financial stability of the bidder;
b.
The production capability of the bidder;
c.
The ability of the bidder to deliver or perform
on a timely basis;
d.
The quality of past performance on contracts or
services;
e.
The principal place of business of the bidder.
2.
Responsiveness of bidder:
a.
The conformity of specifications, terms and conditions
to those in the invitation of bids;
b.
The absence of unilateral mistakes or obvious
errors made in calculating or presenting figures;
c.
The reasonableness of price.
[CC 1985 § 2-369; Ord. No. 5670 § 1(13-135), 2-17-1981]
A. Notwithstanding the provisions of Section
140.020, purchases of items or services pursuant to this Chapter may be made which are not in conformity with Section
140.020 under the following circumstances:
1.
Single Source Purchases. If there is only one
acceptable vendor capable of furnishing a particular service or commodity,
the City Council or department head may procure such service or commodity
without bidding. The purchaser shall document the particular facts
which make the item a single source purchase.
2.
Emergency Purchases. Where an emergency situation
requires immediate purchase of supplies or services and time is of
the essence, the Mayor shall authorize the procurement of the supplies
or services needed without bidding. The purchaser shall maintain a
written record of the circumstances surrounding emergency purchases.
All emergency purchases shall be documented and presented at the next
regularly scheduled meeting of the City Council.
3.
Situations Calling For Competitive Negotiations.
Where it can be demonstrated that the City receives the best value
on a purchase through informal discussion and bargaining rather than
through the conventional bidding process, the purchaser shall not
be required to follow the conventional bidding process exclusively.
Such purchases should be documented by the purchaser. Examples would
include, but not be limited to, circumstances when time is a crucial
factor, when the procurement involves high technology items or when
there is obvious inherent economy in purchasing from a particular
vendor.
4.
Cooperative Purchasing. Established purchasing
procedures should not apply to purchases made by, through or with
the Division of Procurement of the State or any other governmental
agency or unit with which the City is permitted to engage in cooperative
purchasing.
5.
Confidential Expenditures. Confidential expenditures,
such as payments to informants, purchase of materials as evidence
(such as narcotics) or other uses as may be required by law enforcement
personnel working in an undercover capacity, cannot be subject to
normal purchasing procedures. At such time as the circumstances require
such expenditures to be made by the City, an imprest cash fund controlled
by a bonded officer of the City should be established. All disbursements
made from such fund should be approved by the Chief of Police and
should be documented by written vouchers showing date, amount, nature
of expenditure, signature of requesting officer or agent and approval
of the Chief of Police.
6.
Professional Services. Except by order of the
City Council, this Chapter shall not apply to the acquisition
of services of auditors, accountants, surveyors, registered professional
engineers, land planners, consultants to the Mayor and City Council
and attorneys-at-law providing legal services to the City and city
employees and officers, both temporary and permanent.
[CC 1985 § 2-370; Ord. No. 5670 § 1(13-136), 2-17-1981; Ord. No. 6676 § 21, 2-1-1993]
Blanket authority not to exceed one thousand dollars ($1,000.00)
may be authorized by the Mayor to facilitate purchasing items on credit
from local business.
[CC 1985 § 2-371; Ord. No. 5670 § 1(13-137), 2-17-1981]
The Mayor and a majority of the City Councilmen are hereby authorized
to promulgate rules and regulations to carry out the purposes of this Chapter.
[CC 1985 § 2-372; Ord. No. 5670 § 1(13-138), 2-17-1981]
Nothing contained in this Chapter shall be construed to govern
the purchase or acquisition of real estate, rights-of-way, easements,
licenses or any other interest of land or negotiated tap-on agreements.
[CC 1985 § 2-373; Ord. No. 6678 § 4, 2-16-1993]
Notwithstanding any provision of this Chapter,
the City may, without cause, reject any or all bids.