[3-6-2023 by Ord. No.
1348-2023]
As used in this chapter, the following words, terms and phrases
shall have the following meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
CONTRACTUAL SERVICES
Services performed for the city by persons not in the employment
of the city, and may include the use of equipment or the furnishing
of commodities in connection with such services under express or implied
contract. The term "contractual services" includes, but is not limited
to, travel; freight; express; parcel post; postage; telephone; telegraph;
utilities; rents; repairs, alterations, and maintenance of buildings,
equipment, streets, and bridges, and other physical facilities of
the city; and other services performed for the city by persons not
in the employment of the city.
PROFESSIONAL SERVICES
Includes all services that involve professional judgment
or scientific knowledge, including, but not limited to, engineering,
architectural, legal and medical services.
PURCHASING AGENT
The Mayor or the city employee designated by the Mayor to
perform the Mayors duties under this chapter.
[6-20-2023 by Ord. No.
1358-2023]
A. All purchases of supplies, materials, equipment and contractual services
for the offices, departments and agencies of the city government shall
be made by the Purchasing Agent in the amount not to exceed $50,000
in a single transaction in accordance with the following procedures:
1. Purchases not to exceed $5,000 will be purchased on a fair and reasonable
basis in the manner the Purchasing Agent determines best.
2. Purchases exceeding $5,000 but not to exceed $10,000 will be purchased
on a fair and reasonable basis in the manner the Purchasing Agent
determines best and with the approval of the City Administrator.
3. Purchases exceeding $10,000 but not to exceed $50,000 will be purchased
upon solicitation of price quotations from a minimum of three written
quotes obtained from vendors by the Purchasing Agent and with the
approval of the City Administrator.
4. Purchases exceeding $50,000 will be purchased after giving an opportunity for competitive bidding in accordance with Section
7-903.
B. The Mayor shall develop such administrative policies necessary for
said purchase to ensure efficient and economical purchasing practices.
C. Splitting purchases is the practice of issuing multiple purchase
orders for a single purchase with the intent to circumvent the requirements
of this chapter. Splitting purchase will not be tolerated. Any officer,
agent or employee of the city who willfully and knowingly violates
the provisions of this chapter shall be guilty of misconduct and shall
be subject to removal from office or employment.
[6-20-2023 by Ord. No.
1358-2023]
A. The Purchasing Agent may purchase the following without giving an
opportunity for competitive bidding:
1. Supplies, materials, equipment or contractual services whose cost
does not exceed $50,000 in a single transaction;
2. Supplies, materials, equipment or contractual services which can
be furnished only by a single dealer, or which has 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 vendors, including war surplus;
4. Supplies, materials, equipment, or contractual services when purchased
at a price not exceeding a price set therefor by the state purchasing
agency or any other state agency authorized to set prices for things
purchased by the state, provided, any purchase through the state purchasing
agency under this paragraph in excess of $50,000 in a single transaction
shall be approved by the city council;
5. Supplies, materials, equipment, or contractual services whose purchase is necessary for the immediate preservation of the peace, health, or safety under Section
7-905;
6. Professional service contracts; and
7. Utility services (gas, electricity, telephone services, etc.) purchased
from the public utility corporation at a price or rate determined
by the state corporation commission or other government agency.
B. For the procurement of supplies, materials, equipment and/or services
valued in excess of $50,000 in a single transaction, except as provided
in subsection (C) of this section, the following formal bids and awards
are hereby adopted and authorized:
1. The Purchasing Agent shall prepare an invitation for bids packet,
containing, among other things:
a. Written specifications of the supplies, materials, equipment and
services to be procured;
b. Deadline for receipt of bids;
d. Required bidder's qualifications, if any;
e. Statement that the city council may accept or reject any or all bids
without penalty; and
2. Invitation for bids shall be publicized as follows:
a. A brief descriptive advertisement in a local newspaper and notification
by mail to all known qualified vendors and/or contractors. The minimum
advertising period shall one time per week for two consecutive weeks
with the bid opening not earlier than 21 days after the date of first
publication.
b. All bid announcements will specify latest time for receiving bids,
the date, time and place of the opening of bids; the name and address
to whom the sealed bids must be submitted and instructions to bidders
to clearly mark sealed envelopes "Contents - Sealed Bid For __________."
c. Bid packets will be maintained by and be available from the office
of the Purchasing Agent.
3. Bids submitted by each contractor and/or vendor shall be detailed
in the invitation for bids.
4. Bid opening shall be as follows:
a. Bids shall be opened on the day and hour and at the place identified
in the invitation for bids;
b. Bids shall be opened and read aloud by the Purchasing Agent; and
c. Bids shall be tabulated and reviewed for conformity to the invitation
for bids.
5. The city council shall review the bid tabulations and recommendations
from the Purchasing Agent and shall accept or reject any or all bids.
C. Professional service contracts are exempt from the requirements of
competitive bidding without regard for the value of the same, but
any such contract valued in excess of $50,000 in a single transaction
require approval by an affirmative vote of the city council.
[6-20-2023 by Ord. No.
1358-2023]
At the conclusion of any competitive bidding required without
the receipt of any bids in response to the published invitation for
bids, the Purchasing Agent is hereby authorized to negotiate contracts
to be approved by the city council for the purchase of supplies, materials
or equipment.
[6-20-2023 by Ord. No.
1358-2023]
A. An emergency condition is a situation that 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 department head. 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:
1. The function of the city government;
2. The preservation or protection of property; or
3. The health or safety of any persons.
B. The Purchasing Agent may make emergency procurements in any amount
in accordance with this section when an emergency condition arises
and the need cannot be met through normal procurement methods. All
emergency procurements made under this section shall be reported by
the Purchasing Agent to the city council at its next meeting.