The Town Manager is designated as the purchasing officer. The purchasing officer may delegate all or a portion of the purchasing duties to any Town officer or employee. The purchasing officer or designee shall have the authority to:
A. 
Purchase needed Town supplies, general services, equipment and special equipment/supplies which are not included within the construction contract or proposed specifications for a construction contract of a public work being administered by any other Town department;
B. 
Investigate, keep knowledgeable about, negotiate, and recommend on the execution of contracts or the purchasing of supplies, general services, and equipment pursuant to the procedures of this chapter and such administrative rules and regulations as prescribed by the Town;
C. 
To keep informed of current developments concerning purchasing, prices, market conditions, and new products;
D. 
To develop, implement and maintain a comprehensive purchasing policy and guidelines and such forms and processes as necessary for the proper operation of this purchasing system;
E. 
To supervise the inspection of all supplies, general services, and equipment purchased under this chapter in order to assure conformance with Town specifications;
F. 
To supervise the transfer of surplus and unused supplies and equipment or sale, donation or disposal of such;
G. 
To maintain up-to-date contractor list, vendors' catalogs, files and such other records as needed to perform these duties;
H. 
To ensure that purchasing specifications are open and nonrestrictive to encourage full competition; and
I. 
To perform such other tasks as may be necessary for the proper conduct of purchasing of supplies, general services, and equipment.
(Ord. 348-04; Ord. 417-13)
Except as authorized under Section 3.32.160, any department requesting supplies, general services, equipment, or special equipment/supplies shall submit to the department head a requisition on the purchasing officer's approved form prior to initiating any procurement.
(Ord. 348-04; Ord. 417-13)
Except for departmental purchases as authorized in Section 3.32.160, purchases of supplies, general services, special equipment/supplies and equipment not covered within a construction contract or public work specification, may be made only by purchase orders issued by the purchasing officer and any other contractual document he or she determines is necessary.
(Ord. 348-04; Ord. 417-13)
The Town Manager may approve purchases of supplies, general services, special equipment/supplies and equipment not covered within a construction contract or public work specification up to and including $45,000.00. The Town Council shall approve such purchases greater than $45,000.00.
(Ord. 348-04; Ord. 417-13)
Except in case of an emergency or where specific authority is first obtained from the Town Council or the Town Manager, the purchasing officer shall not issue any purchase order for purchasing of supplies, general services or equipment unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged.
(Ord. 348-04; Ord. 417-13)
Except as authorized in Sections 3.32.190 and 3.32.200, or in the case of emergencies as described in Section 3.32.220, the purchase of supplies, general services, equipment and special equipment/supplies, not included in a construction contract or bid specification for a public work, shall be made as follows:
A. 
A purchase of $5,000.00 or less may be made by departmental purchase in accordance with Section 3.32.160.
B. 
A purchase greater than $5,000.00 to $25,000.00 may be made by an informal bid procedure in accordance with Section 3.32.170.
C. 
A purchase of more than $25,000.00 to $45,000.00 shall be made by formal bid procedure in accordance with Section 3.32.180 and subject to approval by the Town Manager in accordance with Section 3.32.130.
D. 
A purchase of more than $45,000.00 shall be made by formal bid procedure in accordance with Section 3.32.180 and must be approved by the Town Council in accordance with Section 3.32.130.
(Ord. 348-04; Ord. 417-13)
A department may purchase specified and limited supplies, equipment, special equipment/supplies and general services identified and included in the approved annual budget independently of the purchasing officer of a value not to exceed $5,000.00, provided such department keeps a record of such purchases and exercises reasonable prudence in seeking price quotes and purchasing such items. All such purchases shall be made with funds in an unencumbered appropriation.
(Ord. 348-04; Ord. 417-13)
The purchase of supplies, equipment, special equipment/supplies and general services with the estimated value greater than $5,000.00, but not exceeding $25,000.00, shall be made by a purchase order as required by this article, which at the department head's discretion, based upon a small amount, urgent need and timeliness, may be let without the formal bidding procedures described in Section 3.32.180. In such case, the following procedures shall be followed:
A. 
Solicitation of Bids. If it is determined that the request is of a sufficient size and time allows, the purchasing officer or designee, before issuing the purchase order to a specific contractor/vendor, shall attempt to obtain at least three bids or price quotes, and the purchasing officer or designee may negotiate to obtain the lowest possible contract amount from any vendor contacted who can provide supplies, general services, or equipment within the time constraints of the department's request. The purchasing officer or designee may solicit or determine bids of prospective vendors by written request, telephone, or may base award recommendations upon current catalogs or advertisements. For purchases from $5,000.00 to $10,000.00, bids or price quotes may be oral provided a written record is maintained; for purchases greater than $10,000.00 to $25,000.00, bids or price quotes shall be written.
B. 
Maintenance of Records. After placing the order, a written record of the contract, bids, quotes or advertisements used or received shall be open public records and maintained by the purchasing officer or the department for a period of two years.
C. 
Award. The purchasing officer or designee shall award the purchase contract to the lowest responsive and responsible bidder, vendor or offeror whose quote, bid, or proposal fulfills the purpose intended, provided the amount is within the unencumbered appropriation for that item, or reject such bids or proposals, or negotiate further for more acceptable terms to the Town.
(Ord. 348-04; Ord. 417-13)
For supplies, equipment, special equipment/supplies and general services with an estimated value in excess of $45,000.00, purchases shall be made in accordance with the following formal written bid procedures:
A. 
Published Notices. A notice inviting bids shall be published at least 10 calendar days before the date of the opening of bids. The notice shall be published at least once in a newspaper of general circulation in the Town, and also in appropriate trade publications, if any, circulated within the general area. Such other notice as the purchasing officer or designee deems appropriate shall be made.
B. 
Notices Inviting Bids. Notices inviting bids shall include a general description of the goods, articles, services or equipment to be purchases, any required bidder's security or performance bonds, state where bid blanks and specifications may be secured and the time and place for the opening of bids.
C. 
Contractor List. The purchasing officer or designee shall maintain a list of responsible contractors for various categories of supplies, equipment, and general services. A solicitation for a bid shall be sent to all responsible prospective contractors or suppliers whose names are on the contractor list for the category of equipment, supplies or general services subject to the bid request.
D. 
Bidder's Security/Failure to Sign Contract. If the Town requires a bidder's bond or other form of security, the bidder's security shall be prescribed in the notice inviting bids in an amount equal to 10% of the amount bid. Bidder's security shall be either a cash deposit with the Town, a cashier's or certified check, payable to the Town, or a bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within 60 days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of its bid security, as may be determined by the Town Council, upon the bidder's refusal or failure to execute the contract within 10 days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the Council may award the contract to the next lowest responsible bidder.
E. 
Bid Opening Procedure. Sealed bids shall be submitted to the Town Clerk's office and shall be identified as to bidder, project, and "bid" on the envelope. Bids shall be opened by Town staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at that time of all bids received, and shall be open for public inspection during regular business hours for a period of two years after the bid opening.
F. 
Bid Evaluation Procedures. All bids shall be analyzed by the purchasing officer or designee and the responsible department for compliance with bid specifications. The purchasing officer or designee shall prepare a recommendation to the department for award or rejection; the department shall then prepare a recommendation for award or rejection to the Town Council.
G. 
Rejection of Bids. If the Town Council determines that bids are excessively high or that specifications were unclear, or if no bids are received, the Council may reject all bids presented and use whatever method it deems appropriate, such as rebid, abandon acquisition, or negotiate a contract.
H. 
Award of Contracts. Contracts shall be awarded by the Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to criteria designated in the solicitation, provided the award amount is within the unencumbered appropriation for that item. The Council may waive any minor bid irregularities.
I. 
Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the Council may accept either bid or accept the lowest bid made by negotiation with the tied bidders.
J. 
Performance Bonds. The Town may require a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the Town requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
(Ord. 348-04; Ord. 417-13)
A. 
Special Equipment/Supplies. In purchasing any special equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions, the purchasing officer may:
1. 
Limit bidding to a specific product type, or a brand name product; or
2. 
Utilize a request for proposal approach where warranties, servicing obligations, and product performance will be evaluated in addition to the price of the product, and the award of the contract is made by the Council to the proposal it deems is in the best public interest.
B. 
Sole Source Purchases. Commodities or services that can be obtained from only one vendor or one distributor authorized to sell in this area, are exempt from the competitive bidding requirements in Section 3.32.150 and are deemed sole source purchases. Sole source purchases may include proprietary items sold direct from the manufacturer. All sole source purchases shall be supported by written documentation indicating the facts and nature supporting the determination of a sole source, signed by the appropriate department head and forwarded to the purchasing officer. Approval of any sole source acquisition shall be obtained from the Town Council for an award of a contract or purchase order of $45,000.00 or more.
C. 
Bid Exceptions. The competitive bid process is not applicable to certain purchases. The following are exempt from bid processes of this chapter:
1. 
Departmental purchases, as defined in Section 3.32.160;
2. 
Subscriptions;
3. 
Trade circulars or books;
4. 
Newspaper advertisements and notices;
5. 
Utility payments;
6. 
Land.
(Ord. 348-04; Ord. 417-13)
The bidding requirements of Section 3.32.150 shall not apply to the purchasing of any equipment or supplies which the purchasing officer decides to obtain through a cooperative competitive bidding procedure prepared by and processed through another public, local, State, or Federal governmental agency. If it is determined to be in the best interest of the Town, the purchasing officer is authorized to "piggy-back" onto or join into an existing written purchase contract, which contract was obtained within the last 12 months through a competitive bidding process prepared by and awarded by another public, local, State or Federal government agency. However, the Town Council's consent shall be required prior to and for the joining of a "piggy-back" purchase or cooperative purchase for a purchase of $45,000.00 or more.
(Ord. 348-04; Ord. 417-13)
If in procuring supplies a recycled product can achieve the necessary Town performance standard, and if such recycled product is readily available, specifications should, if economically feasible, require products made with recycled materials be bid. If the department head determines that: (a) a recycled product lacks performance capabilities or needed quality levels; or (b) a sufficient amount of such recycled or reusable product is not currently available in the market, then a reduced percentage can be required, or the supply specification can be limited to nonrecycled or virgin materials. When recycled products are required, reasonable efforts shall be made to label the products as containing recycled materials. As used in this section, recycled products does not mean used products, but is limited to new products made with materials which have been recycled.
(Ord. 348-04; Ord. 417-13)
Bidding procedures may be dispensed with in the case of an emergency. The Town Council delegates to the Town Manager the authority to declare a public emergency subject to confirmation by the Town Council at its next meeting for any purchase of $45,000.00 or more.
(Ord. 348-04; Ord. 417-13)
All departments shall submit to the purchasing officer, at such times and in such forms as he or she may prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing officer may direct that the designated supplies or equipment be:
A. 
Transferred to another Town department or agency; or
B. 
Exchanged or traded in on new supplies and equipment; or
C. 
Disposed of in some other suitable manner, which may include sale at auction or on-line auction, donation or deposit at a landfill.
(Ord. 348-04; Ord. 417-13)
The purchasing officer or designee or department requesting the item shall inspect all deliveries of supplies and equipment to assure conformance with the contract or order specifications. The purchasing officer or designee, at his or her discretion, may require such reasonable chemical and physical tests of samples of supplies and equipment as he or she deems necessary to determine the quality in conformance with those specifications.
(Ord. 348-04; Ord. 417-13)
No goods or services for personal use or pleasure may be purchased with Town funds. The Town reserves the right to charge back the responsible party for all costs determined to be personally motivated.
(Ord. 348-04; Ord. 417-13)