[HISTORY: Adopted by the City Council of
the City of El Reno 9-1-1972 as Ch. 2, Art. III, of the 1972 Code;
amended in its entirety 11-8-2022 by Ord. No. 9310. Subsequent amendments
noted where applicable.]
A.
The Competitive Bidding Act of 1974 of the State of Oklahoma, codified
as 61 O.S. §§ 101 through 138, and as amended from
time to time by the State Legislature, is hereby adopted and made
a part of the Code of Ordinances, City of El Reno, Oklahoma, except:
(1)
Section 113B3 thereof is hereby amended to read and provide as follows:
"A good and sufficient bond in a sum equal to the contract price
with adequate surety for the first year and for 15% of the contract
price for the second and third years after the acceptance of the project
by the City to protect it against defective workmanship and materials."
C.
The City Manager is delegated approval of change orders, as authorized
by 61 O.S. Section 121(e), up to $40,000 or 10% of any contract, whichever
is less, with any approved change orders reported to the governing
body at the next regularly scheduled meeting.
A.
The City Manager, for all offices, departments and agencies of the
City government, or their designated agents, shall contract for and
purchase, or issue purchase authorizations for, all supplies, materials,
equipment and contractual services.
B.
Any award of contract for purchase of supplies, materials, equipment,
or contractual services over $75,000 shall require the separate vote
of the El Reno City Council.
A.
The City Manager shall be responsible for the review and approval
for payment of claims for all expenditures of the City. All claims
shall be made on purchase orders properly issued by the Finance Department,
which shall certify that the amount is within the approved budget
for the account charged. All claims must be signed by the City Clerk
or a purchasing officer and the department head initiating the purchase
or expenditure prior to approval by the City Manager.
B.
The City Manager is authorized to designate an officer of the City
to review and approve claims which are under $5,000 or periodic payments
on a contract which has previously been entered into by the City.
A monthly report shall be prepared listing all approved payments made
for the preceding month. A copy of the payment listing shall be forwarded
to each member of the City Council.
C.
All payments shall be made on regular schedules which shall assure
payment of bills in a timely manner. Exceptions to regular payment
schedules must be authorized by the City Manager or his designee.
D.
The City Manager is authorized to amend certain budget categories
as needed without City Council action as provided for in 11 O.S. § 17-215.
The City Manager is authorized to transfer any unexpended and unencumbered
appropriation or any portion thereof from one account to another within
the same department or from one department to another within the same
fund; except that no appropriation for debt service or other appropriation
required by law or ordinance may be reduced below the minimums required.
E.
The City Manager is required to submit for City Council action all
other budget amendments, including transfers of appropriations between
funds and all other supplemental appropriations or decreases in appropriations.
Such proposed amendments will be submitted to the City Council for
action on a properly completed budget amendment form.
A.
Before any purchase of or contract for supplies, materials, equipment or contractual services is made in excess of $10,000 and not otherwise subject to the Competitive Bidding Act, except as otherwise provided in Subsection B of this section, the City Manager as the case may be, shall submit to at least three persons, firms or corporations dealing in and able to supply the same, or to a smaller number if there are not three dealing in and able to supply the same, a request for quotation.
B.
The following may be purchased by the City Manager without giving
an opportunity for competitive bidding or request for three quotations:
(1)
Supplies, materials, equipment or contractual services which cost
does not exceed $10,000 in a single transaction.
(2)
Supplies, materials, equipment or contractual services which can
be furnished only by a single dealer, or which have a uniform price
wherever bought.
(3)
Supplies, materials, equipment or contractual services purchased
from another unit of government at a price deemed below that obtainable
from private dealers, including government surplus, or purchased at
auction at a price deemed below that obtainable elsewhere.
(4)
Contractual services (gas, electricity, telephone service and the
like) purchased from a public utility at a price or rate determined
by the State Corporation Commission or other government authority.
(5)
Supplies, materials, equipment or contractual services when purchased
at a price not exceeding a price set therefor by the state or federal
purchasing agency or any other state or federal agency hereafter authorized
to regulate prices for things purchased by the state or federal government
(whether such price is determined by a contract negotiated with a
vendor or otherwise).
(6)
Contractual services of a professional nature, such as legal, engineering,
architectural medical, financial, laboratory testing, software, or
other professional or skilled services.
(7)
Supplies, materials or equipment purchased from a vendor known as
a national or regional bidding cooperative at a price established
under a competitive bidding process undertaken by the bidding cooperative.
C.
An emergency condition is a situation which creates a threat to public
health, welfare or safety, such as may arise by reason of floods,
epidemics, riots, equipment failures, or such other reason as may
be proclaimed by the City manager. The existence of such condition
creates an immediate and serious need for supplies, services or construction
that cannot be met through normal procurement methods and the lack
of which would seriously threaten:
D.
The City manager may make emergency procurements in accordance with
the purchasing policies when an emergency condition arises and the
need cannot be met through normal procurement methods.
A.
In accordance with 61 O.S. Section 103 (B), the City may give preference
to local vendors who are residents of the City of El Reno or Canadian
County, Oklahoma, or the State of Oklahoma who submitted responsive
bids and whose bids are the second lowest bid and are within 5% of
the lowest responsive bidder who is not a local vendor or is an out-of-state
vendor.
B.
A "local vendor" is any person, firm, corporation or other legal
entity, if at the time the contract is advertised for bids and at
the time bids are submitted, it meets the following requirements:
(1)
Maintains its principal place of business in the City of E1 Reno
or in Canadian County, Oklahoma.
(2)
If the bidder is a corporation, then it must be domesticated or incorporated
in Oklahoma and a majority of its outstanding shares must be owned
by one or more individual citizens and residents of the City of El
Reno or of Canadian County, Oklahoma, who pay income, real property
and personal property taxes in this state.
(3)
If the bidder is a partnership, general or limited, or other legal
entity, then the partners or associates owning a majority beneficial
interest therein must be citizens and residents of the City of El
Reno or of Canadian County, Oklahoma, who pay income, real property
and personal property taxes in this state. If one or more partners
or associates are corporations, then a majority of its outstanding
shares must be owned by individual citizens and residents of the City
of El Reno or Canadian County, Oklahoma, who pay income, real property
and personal property taxes in this state. If the entity is a trust,
then a majority of the beneficial interest thereof must be owned by
individual citizens and residents of the City of El Reno or Canadian
County, Oklahoma.
(4)
If the bidder is an individual, then the individual must be a citizen
and resident of the City of El Reno or Canadian County, Oklahoma,
who pays income, real property and personal property taxes in the
State of Oklahoma.
(5)
The provisions of this section shall not be applicable to any contract
in which federal funds are involved.
C.
A "resident bidder" is any person, firm, corporation or other legal
entity, if at the time the contract is advertised for bids and at
the time bids are submitted, it meets the following requirements:
(1)
Maintains its principal place of business in the State of Oklahoma.
(2)
If the bidder is a corporation, then it must be domesticated or incorporated
in Oklahoma and a majority of its outstanding shares must be owned
by one or more individual citizens and residents of the State of Oklahoma
who pay income, real property and personal property taxes in this
state.
(3)
If the bidder is a partnership, general or limited, or other legal
entity, then the partners or associates owning a majority beneficial
interest therein must be citizens and residents of the State of Oklahoma
who pay income, real property and personal property taxes in this
state. If one or more partners or associates are corporations, then
a majority of its outstanding shares must be owned by individual citizens
and residents of the State of Oklahoma who pay income, real property
and personal property taxes in this state. If the entity is a trust,
then a majority of the beneficial interest thereof must be owned by
individual citizens and residents of the State of Oklahoma.
(4)
If the bidder is an individual, then the individual must be a citizen
and resident of the State of Oklahoma who pays income, real property
and personal property taxes in the State of Oklahoma.
(5)
The provisions of this section shall not be applicable to any contract
in which federal funds are involved.
D.
A resident bidder or local vendor shall submit with his bid an affidavit
stating that he meets the requirements of this section.
