[HISTORY: Adopted by the City Council of the City of Waverly
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 2, Art. VI, of the 1973 Code; amended in
its entirety 4-3-2012 by Ord. No.
12-2]
All purchases of material, equipment, supplies, services, or
public works shall be made as provided in this article.
A.
All purchases
of materials, equipment, supplies or services on behalf of the City
in an amount not exceeding $5,000 shall be made at prices most favorable
to the City, and receipts for such purchases shall be filed with the
City Clerk.
B.
Any purchase
of material, equipment, supplies or services in an amount exceeding
$5,000 shall be by a contract let to the lowest responsible bidder
after advertising for bids, except that such contract may be entered
into by the proper City officers without advertising for bids if authorized
by a vote of 2/3 of the Aldermen then holding office.
[Amended 11-6-2018 by Ord. No. 18-6]
Any public work or public improvement (construction) which is
not to be paid for in whole or in part by special assessment or special
taxation, when the expense thereof will exceed $25,000, shall be constructed
by a contract let to the lowest responsible bidder after advertising
for bids, except that any such contract may be entered into by the
proper City officers without advertising for bids if authorized by
a vote of 2/3 of all the Aldermen then holding office.
A.
Notice. A notice inviting bids shall be published at least once 10
days in advance of the announced date for receiving the bids in a
newspaper with general circulation within the City. The City shall
also advertise all pending work or purchases by posting a notice on
the public bulletin board in the City Hall. In addition, the notice
inviting bids may be published in any other newspaper, trade journal
or other publication to the extent deemed necessary and in the best
interests of the City, and/or as required by state or federal law.
In the event the Council determines there is no possible person and/or
entity who or which could be expected to submit a bid for a contract
located within the area of general circulation of the Waverly Journal,
then the Council shall not be required to publish the notice in the
Waverly Journal.
B.
Scope of notice. The newspaper notice required herein shall include
a general description of the work to be performed or the articles
to be purchased, shall state where specifications, if any, may be
secured, shall state how and when bids are to be submitted, and shall
specify the time and place for opening bids.
C.
Bid deposits.
(1)
When deemed necessary by the Council, bid deposits shall be prescribed
in the public notices inviting bids. Unsuccessful bidders shall be
entitled to the return of their bid deposits upon the award of the
contract by the Council. A successful bidder shall forfeit any bid
deposit required by the Council upon failure on its part to enter
into a contract within the appropriate number of days.
(2)
Such bid deposit may be in the form of a certified check, bond, or
letter of credit in an amount as specified in the advertisement for
bids to ensure finalization of the contract and to indemnify the City
against all loss, damages, and claims that may accrue against the
City as a consequence of the granting of the contract.
D.
Bid opening procedure.
(1)
Bids shall be submitted sealed to the City and shall be identified
as bids on the envelope.
(2)
Bids shall be opened in public at the time and place stated in the
public notice.
(3)
A tabulation of all bids received shall be made by the Council, a
City employee, or other designee, in which event a tabulation of the
bids shall be furnished to the Council at its next regular meeting.
E.
Rejection of bids. The City, through its corporate authorities, shall
have the authority to reject all bids or parts of all bids when the
public interest will be served thereby.
F.
Bidders in default to City. The City shall not accept the bid of
a contractor who is in default on the payment of taxes, licenses,
or other money due the City.
A.
Authority in City. The Council shall have the authority to award
contracts within the purview of this section.
B.
Lowest responsible bidder. Contracts shall be awarded to the lowest
responsible bidder on the basis of the bid that is in the best interests
of the City to accept. In awarding the contract, in addition to price,
the Council may consider:
(1)
The ability, capacity, and skill of the bidder to perform the contract
to 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 the 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;
(9)
The number and scope of conditions attached to the bid; and
(10)
Such other factors or circumstances as may fairly and reasonably
reflect on a bidder's ability or responsibility to perform the contract.
The Council of Aldermen shall have the authority to require
a performance bond, before entering into a contract, in such amounts
as it shall find reasonably necessary to protect the best interests
of the City and to conform to the statutory requirements for such
bonds.
All contracts for professional services, including, but not
limited to, accountants, attorneys, engineers, real estate appraisers,
and architects, and any other profession whose ethical code prohibits
or discourages involvement in normal bidding procedures, may be entered
into by the City without observing the bidding procedures prescribed
above.
Regular employment contracts in the municipal service shall
likewise be exempt from the provisions of this article.
In case of an apparent emergency that requires immediate work
or purchase of supplies, materials or services, the Council shall
be empowered to secure by open market procedure as set forth above,
at the lowest obtainable price, any work, improvement, equipment,
materials or supplies, regardless of the amount of the expenditure.
A finding of such an emergency shall be made in an affirmative vote
of at least 2/3 of the Aldermen at the time of such emergency contract
or no later than the first regular Council meeting thereafter.
The City shall have the authority to join with other units of
government in cooperative purchasing plans when the best interests
of the City would be served thereby.
To the extent state and/or federal law and regulations require
additional bidding requirements for public works and purchase of supplies,
materials or services involving the use of state and/or federal funds,
the City shall comply with said laws and regulations.
Contracts for utilities (electricity and natural gas), cable
television, telephone, and internet services may be entered into by
the City without observing the bidding procedures prescribed above
for the award of contracts.
[Adopted 9-7-2021 by Ord.
No. 21-06]
The purpose of this policy is to establish conflicts of interest
guidelines that meet or exceed the requirements under state law and
local policy when procuring goods, services and construction or repair
projects paid for in part or whole by federal funds and required under
2 CFR 200.318(c).
This policy applies when procuring goods, services, and construction
or repair projects funded in part or whole with federal financial
assistance, either direct or reimbursed. This policy also applies
to any subrecipient of the funds. The Mayor shall be responsible for
managing the federal financial assistance award and shall review the
notice of award to identify any additional conflicts of interest prohibitions
or requirements associated with the award, and shall notify all employees,
officers and agents, including subrecipients, of the requirements
of this policy and any additional prohibitions or requirements.
A.
Personal conflicts of interest.
(1)
No officer, employee or agent of the City of Waverly may participate
directly or indirectly in the selection, award or administration of
a contract supported by a federal award if he or she, or a member
of his or her immediate family, has a real or apparent conflict of
interest. A real or apparent conflict of interest exists when any
of the following parties has a financial or other interest in or receives
a tangible personal benefit from a firm considered for award of a
contract:
(2)
For the purposes of this policy, "immediate family" shall mean any
of the following:
(a)
Spouse, and parents thereof;
(b)
Children, and spouses thereof;
(c)
Parents, and spouses thereof;
(d)
Siblings, and spouses thereof;
(e)
Grandparents and grandchildren, and spouses thereof;
(f)
Domestic partner and parents thereof; and
(g)
Any individual not related by blood or affinity whose close
association with the employee is the equivalent of a family relationship.
(3)
Any officer, employee or agent with an actual, apparent or potential
conflict of interest as defined in this policy shall report the conflict
to the Mayor; should the Mayor have a conflict, he/she shall report
it to the City Council. The City of Waverly and any subrecipients
shall disclose in writing to the federal award agency, or pass-through
entity, any potential conflict of interest affecting the awarded funds
in accordance with applicable federal awarding agency policy.
B.
Gifts.
(1)
In addition to the prohibition against accepting gifts and favors
from vendors and contractors under state law, officers, employees
and agents of the City of Waverly are prohibited from accepting or
soliciting gifts, gratuities, favors or anything of monetary value
from contractors, suppliers or parties to subcontracts.
(2)
Unsolicited items of nominal value may be accepted if the gift falls
into one of the following categories:
(3)
Any officer, employee or agent who knowingly accepts the item of
nominal value allowed under this policy shall report the item to the
Mayor or, in the case of the Mayor, to the longest serving member
of the City Council.
A.
The Mayor shall investigate any reports of conflicts of interest
and evaluate the potential conflict of interest. The Mayor will determine
whether the employee, officer or agent should be recused from participation
in the matter or action. In the event the conflict involves the Mayor,
the longest serving member of the City of Council shall be in charge
of the investigation.
B.
The Mayor shall consider the following factors when implementing
this policy:
(1)
The scope and nature of the conflict or potential conflict;
(2)
The potential for the appearance of impropriety;
(3)
The scope of the discretion vested in the City of Waverly employee,
officer or agent;
(4)
Whether the financial interest is limited in nature and magnitude
such that it would not tend to influence a reasonable person; and
(5)
The harm caused to the public interest by removal of the City of
Waverly employee, officer or agent from participation in the action
or matter.
A.
If the Mayor, or the longest serving member of the City Council in
the event the Mayor is the subject of the investigation, has reasonable
cause to believe an employee, officer or agent has failed to disclose
a conflict of interest, he/she will inform the employee, officer or
agent of the basis for such belief and afford the person an opportunity
to explain the alleged failure to disclose.
B.
After hearing the response of the employee, officer or agent and
making further investigation as deemed warranted by the circumstances,
the Mayor shall make a recommendation to the City Council as to what,
if any, disciplinary and corrective action should be taken. The City
Council shall determine what, if any, appropriate disciplinary and
corrective action will be taken.
C.
Employees, officers or agents of the City of Waverly in violation
of this policy will be subject to discipline up to and including termination
and/or removal from office.
D.
Violation of this policy may result in termination of the contract
and the offending contractor or supplier being prohibited from bidding
upon and/or being eligible for future contract awards.
