"Contractual services,"
for the purpose of this chapter, means services performed for the borough by persons not in the employment of the borough, and may include the use of equipment or the furnishing of commodities in connection with the services under express or implied contract. Contractual services include travel; telephone, telegraph, utilities; rents; printing and binding; repairs, alterations, and maintenance of buildings, equipment, streets and bridges, and other physical facilities of the borough; and other services performed for the borough by persons not in the employment of the borough.
(Ord. 444 § 4, 1983)
A. 
"Public improvement,"
as used in this chapter, means the erection, building, construction, placement, creation or explosion, demolition or removal of an improvement to land.
B. 
Funding Required Before Purchase. Unless specific borough assembly approval is given by budget revision, no purchase shall be made, or change order authorized, unless it can be paid for from nonobligated and unexpended funds from the current approved budget.
(Ord. 1064 § 2, 2024)
All purchases of supplies, materials, equipment, and contractual services for the offices, departments, and agencies of the borough government shall be made by the borough manager or by other borough personnel in accordance with purchase authorization issued by the borough manager. In the event any purchasing authority has any financial interest in a vendor, then the purchase order shall be issued by the borough clerk.
(Ord. 535 § 4, 1988; Ord. 444 § 4, 1983)
Every contract for, or purchase of, supplies, materials, equipment, contractual services, or public improvements for more than $50,000, excluding freight, shall require the prior approval by motion or resolution of the assembly; and under no circumstances may such contract or purchase be made without first obtaining the approval of the assembly.
(Ord. 1035 § 2, 2023; Ord. 856 § 1, 2011; Ord. 816 § 1, 2008; Ord. 444 § 4, 1983)
Any other provision notwithstanding, the borough may enter into an agreement for the purchase, sale or other disposal of electric power, or an agreement providing for participation by the borough in the construction, acquisition or operation of hydroelectric power facilities, upon such terms as the borough assembly may approve by resolution.
(Ord. 1076 § 2, 2025; Ord. 1072 § 2, 2025; Ord. 815 § 6, 2008)
A. 
Purchases of, or contracts for, supplies, materials, equipment, contractual services, or public improvements whose cost does not exceed $24,999 in a single transaction may be made on the open market without competitive bidding or quotations.
B. 
Except as otherwise provided in WMC § 5.10.050, purchases of, or contracts for, supplies, materials, equipment, or contractual services whose cost exceeds $25,000 but does not exceed $49,999 in a single transaction shall, at the option of the borough purchasing authority, be made in the open market by written quotation or telephone solicitation or through the competitive bidding process set out in subsection (C) of this section. Such open-market contracts, whenever practicable, shall be based on at least three competitive quotations and shall be awarded to the lowest qualified bidder. The basis for determining the lowest qualified bidder shall be the same as that used in formal bid purchases, including any preferences established by law.
C. 
Except as otherwise provided in WMC § 5.10.050, any purchase of, or contract for, supplies, materials, equipment, or contractual services whose cost exceeds $50,000, shall be by competitive sealed bidding. All bids shall be concealed at the time of bid and shall be opened in public at the designated time and place. Sealed bids may be submitted in one of two ways:
1. 
Sealed bids shall be designated as such on the outer envelope and shall be submitted by mail or in person at the designated place and no later than the time specified in the invitation to bid; or
2. 
Sealed bids shall be designated as such by email, as directed in the solicitation, as a password protected document. Following the bid receipt deadline, participating firms will be contacted for their document password. The person from whom the password shall be verbally provided to the borough shall be named, along with their with phone number, in the body of the bid submittal email.
Public notice of the invitation to bid shall be published at least 14 days before the last day on which the bids will be accepted.
Bids not submitted at the proper place or within the time specified shall not be opened or considered.
The borough manager may repeatedly reject all bids and again may submit to the same or other persons, firms or corporations an invitation to bid, and again publish notice of the proposed purchase.
D. 
Bids in excess of 10 percent of the engineer's estimate may be rejected.
E. 
Bid Security on Deposit. All bids for the construction or reconstruction of public improvements required to be submitted by competitive sealed bid shall be accompanied by either cash, a certificate of deposit or certified check or draft, or a cashier's check, or draft on some responsible bank in the United States, in favor of and payable at sight to the City and Borough of Wrangell, in an amount not less than five percent of the aggregate amount of the bid. If the bidder to whom the contract is awarded, for 15 days after the award of the contract, fails or neglects to enter into the contract and file the required bonds, the borough and borough shall draw the money due on the certificate of deposit or check or draft and pay the same or any cash deposited into the treasury, and under no circumstances shall it be returned to the defaulting bidder. In lieu of the foregoing, any bid may be accompanied by a surety bond in such amount furnished by a surety authorized to do a surety business in the state, guaranteeing that the bidder will enter into the contract and file the required bonds within such period. The manager may require bid bonds in an amount appropriate for any bid not required by this subsection to be accompanied by a bid bond.
F. 
Disposition of Bid Bond or Deposit. All deposits and bonds shall be returned to the unsuccessful bidders after execution of the contract and the deposit of the required bonds by the successful bidder.
G. 
Adequate public notice shall be given at least 21 days before bid opening. If the borough manager makes a determination, in writing, that a shorter notice period is necessary for a particular bid, the period may be shortened.
H. 
Publication. Where competitive sealed bidding is required, sealed bids shall be solicited by public notice in a manner calculated to reach prospective bidders. Such publication shall contain at least a general description of the item or work required and shall designate the place where detailed requirements and specifications may be obtained and the time and place where the sealed bids will be opened.
"Public notice,"
as used in this chapter, means notice posted on the City and Borough of Wrangell online procurement site and, when practicable, in a local newspaper advertisement. Public notice may also include:
1. 
Publication in a trade journal, online notification service, or other publication calculated to reach prospective bidders; and
2. 
Notices posted in public places within the area where the work or services are to be performed or the supplies furnished.
3. 
The bids shall be opened publicly. The borough may also solicit bids by sending notice by mail or electronic mail to any active prospective known bidders.
I. 
Local Bidder Preference Award.
1. 
Unless contrary to federal or state law or regulation, or as otherwise provided in subsection (I)(2) of this section, a contract for, or purchase of, supplies, materials, equipment, contractual services, or public improvements shall be awarded to a local bidder where the bid by such local bidder is in all material respects comparable to the lowest responsible nonlocal bid, and if the amount bid by such local bidder does not exceed the lowest responsible nonlocal bid by more than:
a. 
Five percent of the amount bid by the lowest responsible nonlocal bidder if that nonlocal bidder's bid is $1,000,000 or less;
b. 
Three percent of the amount bid by the lowest responsible nonlocal bidder if that nonlocal bidder's bid is $1,000,001 or more.
2. 
This preference shall not be interpreted to mean that the borough is precluded from making the purchase from whatever source is most advantageous to the borough after considering all factors in the public interest even when the price quoted by the local bidder satisfies subsection (I)(1)(a) or (I)(1)(b) of this section.
3. 
"Local bidder"
for purposes of this section shall mean a bidder who:
a. 
Holds a current Alaska business license;
b. 
Submits a bid for goods or services under the name appearing on the person's current Alaska business license;
c. 
Has maintained a place of business within the boundaries of the borough for a period of six months immediately preceding the date of the bid;
d. 
Is not delinquent in the payment of any utilities, taxes, charges or assessments owing to the borough on account of that business;
e. 
Is incorporated or qualified to do business under the laws of Alaska with its principal place of business in the borough, is a proprietorship and the proprietor is a resident of the borough, or is a partnership and all partners are residents of the City and Borough of Wrangell;
f. 
If a joint venture, all joint venture partners must qualify under subsection (I)(3)(a) through (I)(3)(e) of this section;
g. 
The manager may require such documentation or verification by the person claiming to be a local bidder as is deemed necessary to establish the requirements of this section.
J. 
The borough may waive any irregularity in a request for proposal if it determines that the acceptance of such proposal is in the public interest. The borough reserves itself the power to waive irregularities regarding proposals and to accept or reject any or all proposals in whole or in part.
(Ord. 1064 § 2, 2024)
A. 
Performance Evaluation Requirement. For each capital improvement project, major maintenance project, major rehabilitation project, or any project requiring professional services – including but not limited to engineering, architecture, surveying, geotechnical, design, project management, and environmental services – the borough manager or their designee shall ensure completion of a written after-action performance evaluation within 60 days of project closeout or final payment.
B. 
Evaluation Criteria. Each evaluation shall assess the provider's performance, including but not limited to:
1. 
Adherence to project schedule and milestones;
2. 
Compliance with budget and contract scope;
3. 
Responsiveness to borough staff and project needs;
4. 
Quality of workmanship and deliverables;
5. 
Change order management and dispute resolution;
6. 
Safety practices and regulatory compliance.
C. 
Recordkeeping and Use. All performance evaluations shall be retained in the borough's procurement records and may be considered in future contract award decisions. Consistent patterns of substandard performance, substantiated through evaluations, may serve as grounds for disqualification from competitive bidding or proposal processes.
D. 
Disqualification Procedures. The following applies to bid disqualification:
1. 
A contractor or professional service provider may be disqualified from consideration for future borough work for a period not to exceed five years if the assembly finds, based on substantial evidence in the evaluation record, that the provider:
a. 
Failed to perform in accordance with material contract terms;
b. 
Engaged in conduct causing significant delay or cost overruns; or
c. 
Delivered services or work of persistently deficient quality.
2. 
Disqualification may only occur by majority vote of the assembly following a public hearing at which the provider shall have an opportunity to respond to the proposed disqualification.
E. 
Effect of Disqualification. Disqualification pursuant to this section may serve as justification for rejecting the lowest responsible bid or proposal, provided the action is documented and approved by the assembly prior to award.
F. 
Exceptions. Nothing in this section shall restrict the borough's ability to terminate contracts for cause under existing contract terms.
G. 
Superseding State or Federal Requirements. If a project is funded in whole or in part by state or federal funds, and the applicable grant or funding conditions require compliance with procurement rules that prohibit consideration of prior performance evaluations for disqualification purposes, then the provisions of this section shall not apply to that procurement to the extent they conflict with such funding requirements.
(Ord. 1086 § 2, 2025)
The following may be purchased or contracted for without giving an opportunity for competitive bidding or soliciting quotations:
A. 
Supplies, materials, equipment, or contractual services whose cost does not exceed $24,999, excluding freight costs, in a single transaction;
B. 
Supplies, materials, equipment, or contractual services which can be furnished only by a single dealer, or which have a uniform price wherever bought; where the City and Borough of Wrangell's requirements can be met solely by an article or process obtainable from a known single source. No purchase shall be made pursuant to this subsection except upon written authorization of the purchasing officer certifying that there is no reasonable substitute for the article or process, and that it is clearly obtainable only from a known single source. Notice of the authorization shall be prominently posted in a public place at the offices of the purchasing officer;
C. 
Supplies, materials, equipment, or contractual services purchased from another unit of government at a price deemed below that obtainable from private dealers, including war surplus;
D. 
Contractual services purchased from a public utility corporation at a price or rate determined by state or other governmental authority;
E. 
Professional services, such as legal, engineering, architectural, and medical services. "Professional services," as used in this section, shall mean professional, technical or consultant services that are predominantly intellectual in character and that:
1. 
Include analysis, evaluation, prediction, planning or recommendations; and
2. 
Result in the production of a report, plan, drawings, or the completion of a task.
Contracts for professional services may be entered into without soliciting requests for sealed competitive bids or competitive proposals when the borough manager determines that there is qualified and experienced service provider that is available to perform the work, there is a single source of the expertise or knowledge required, that one person or firm can clearly perform the required task more satisfactorily because of the person's or firm's prior work experience with the borough, or that public necessity will not permit delay in conducting a formal request for competitive sealed bids or competitive proposals. The nonsolicitation of professional services is at the discretion of the borough manager with notice to the borough assembly;
F. 
Supplies, materials, equipment, or contractual services which must be purchased from a specific source to prevent incompatibility with previously purchased supplies, materials, equipment, or contractual services. For purposes of this subsection the term "incompatibility" is defined as the inability to (1) interconnect, combine, interchange, or join, or (2) that which causes or necessitates maintenance expertise or training where such acquisition would result in substantial duplication. The assembly must approve by motion or resolution any purchase whose cost exceeds $50,000 which is to be excluded from competitive bidding by the authority of this subsection;
G. 
Supplies, materials, equipment, contractual services, or public improvements which the assembly declares to be required on an emergency basis or which the assembly declares is impractical or impossible; to purchases of supplies, services or construction items during, and for the purpose of alleviating, a class 2 emergency; provided, that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the selection of a particular emergency contractor shall be included in the contract file. A record of all emergency procurements shall be made and shall set forth each contractor's name, the amount and type of the contract, a listing of the items procured under the contract, the record of the manager's justification for the procurement, and the identification number of the contract file;
H. 
Placement of insurance coverage;
I. 
Placement of lobbying services;
J. 
When it is advantageous to the borough to enter into a contract with a bidder for the same supplies or services such bidder is providing another Alaskan local government, the state of Alaska, or the United States where such supplies or services are being provided the other government unit on the basis of formal bids submitted and where the borough contract is on substantially the same terms as those bids, or to contract with or through such other government unit so that the benefit of the lowest and best responsible bid accrues to the borough;
K. 
When competitive bidding has been followed, but no bids or quotations are received or the bids or quotations are rejected. In such a case, after assembly approval, the borough manager may proceed to have the services performed or the supplies purchased without further competitive bidding or quotation;
L. 
The purchase of used vehicles or equipment when such purchase has been determined by the manager to be in the best interest of the borough;
M. 
The purchase of wireless phone services, wireless phones, devices and related accessories, when and under such terms and conditions as the council, in its sole judgment, deems advantageous to the borough;
N. 
When the public improvements are required on an emergency basis; provided, however, that to the extent practical under the conditions of the emergency, the assembly shall declare the emergency;
O. 
Public improvement whose cost does not exceed $24,999 in a single transaction.
(Ord. 1064 § 2, 2024)
A. 
All invoices, bills, or claims for goods delivered, services rendered, or other chargeable activities occurring on or before June 30th of any fiscal year must be received by the borough no later than 90 calendar days after June 30th.
B. 
Invoices or claims submitted after the 90-day deadline may be denied payment unless the delay is justified and approved in writing by the borough manager or their designee, based on a showing of good cause. For the purposes of this section, "good cause" shall mean circumstances that were unforeseeable and beyond the reasonable control of the vendor, contractor, or service provider, such as documented natural disasters, significant medical emergencies, or verified administrative errors by the borough. Lack of awareness of the deadline or internal delays within the submitting party's organization shall not constitute good cause.
C. 
This provision applies to all vendors, contractors, and service providers doing business with the borough, unless otherwise governed by contract, grant agreement, or state or federal law.
D. 
Nothing in this section shall preclude the borough from establishing stricter submission timelines in procurement documents or individual agreements.
(Ord. 1085 § 2, 2025)
The manager shall have authority to sell, transfer, or destroy surplus property that cannot be used by any department or that has become unsuitable for city and borough use, as provided in this chapter.
(Ord. 986 § 2, 2021)
A. 
Except as provided in subsection (B) of this section, all surplus property valued less than $5,000 unsuitable for city and borough use shall be disposed of in accordance with written policies and procedures established by the manager, when the disposal is determined by the manager to be in the best interests of the city and borough. Surplus property valued in excess of $5,000 shall be approved for disposal by the assembly by resolution.
B. 
Upon a determination by the manager that the best interests of the public would be served, the manager may transfer any surplus city and borough property to another governmental or quasi-governmental unit, or to a charitable, civic, or nonprofit organization, except that where the estimated value of the property to be transferred exceeds $5,000, the transfer may be made only after approval by the assembly by resolution.
(Ord. 986 § 2, 2021)
[1]
Editor's note: Ord. 986 adds this section as 5.10.065. It has been editorially renumbered to avoid duplication of numbering.
A. 
In the exercise of the borough's economic development powers, the assembly may determine, in its sole discretion, that it is in the best interest of the borough to dispose of borough-owned personal property, or any interest therein (as determined by the borough assessor or a qualified appraiser), by sale, lease or otherwise, without requests for proposals or public auction and at less than fair market value.
If an application is received with an offer for less than fair market value, the borough clerk shall forward the application to the economic development director for economic development consideration.
B. 
In determining the best interests of the borough under this section, the assembly may consider any relevant factors, which may include:
1. 
The desirability of the economic development project;
2. 
The actual or potential economic benefits to the borough, its economy and other businesses within the borough;
3. 
The contribution of the proponent to the economic development project in terms of money, labor, innovation, expertise, experience and otherwise;
4. 
The business needs of the proponent of the project in terms of integration into existing facilities and operations, stability in business planning, business commitments, and marketing;
5. 
Actual or potential local employment due to the economic development project; and
6. 
Actual and potential enhancement of tax and other revenues to the borough related to the project.
C. 
Prior to disposal under subsection (A) of this section, the assembly shall hold a public hearing. The borough clerk shall publish notice of the public hearing of the request to purchase borough-owned personal property. Such notice shall be published three times in the newspaper of general circulation in the borough with the final publication at least one week prior to the public hearing of the borough assembly to approve or reject the application. The notice shall identify the applicant, the personal property, and the proposed use. The notice shall state that anyone wishing to protest the application must file a written protest with the borough clerk not later than the date identified in the notice. Such a protest shall be in writing and shall state all reasons for the protest. Failure to protest timely as required by this subsection shall constitute a waiver of any right to contest the awarding of the sale. Any protests received shall be included in the public hearing agenda item for the assembly.
D. 
Following the public hearing, the assembly may authorize disposition of the personal property or interest therein by resolution.
(Ord. 1076 § 2, 2025; Ord. 780 §§ 1, 2, 2006; Ord. 757 § 1, 2004)
The borough assembly finds:
A. 
Because of its isolated location and economic dependency on the seasonal and volatile industries of timber and fishing, the City and Borough of Wrangell has historically experienced social, seasonal, and geographic economic conditions that result in an unstable economy.
B. 
Because of the unstable economy, there is a high rate of unemployment among the residents of the borough, creating a hardship that is aggravated by the influx of transient nonresident workers.
C. 
The borough has a vested interest in providing jobs for its unemployed residents.
D. 
There is a high rate of resident unemployment in the construction industry in the borough.
E. 
It is in the public interest for the borough to allocate public funds for capital projects in order to reduce unemployment among its resident construction workers.
F. 
It is appropriate for the borough to consider the welfare of its residents when it funds or administers construction activities.
G. 
The influx of transient nonresident construction workers contributes to the high unemployment among resident construction workers, because the nonresident workers compete with residents for the available construction jobs.
H. 
The borough has a vested interest in seeing that the benefits of public construction spending accrue to its residents, and nonresident workers displace qualified, available and unemployed Wrangell workers on borough funded and administered public works projects.
I. 
A high percentage of the borough's revenue is derived from property tax and the resident construction workers' contribution to the tax base help to fund the public works projects.
J. 
The borough has a duty of loyalty to its citizens and should fulfill this duty by giving Wrangell residents an employment preference on all borough funded or administered projects in order to promote a more stable economy.
K. 
There is a legitimate vested governmental interest, in that the public health and welfare of Wrangell will suffer if its residents are not afforded employment preference in borough funded and administered capital improvement and public works construction projects.
L. 
After review of the special study, measuring the economic impact of nonresidents on Alaska's economy during the 1984 calendar year, prepared by the State of Alaska, and specifically the data pertaining to Wrangell, the assembly finds support for its independent analysis and above findings.
M. 
The assembly has previously considered the preferential hire to Alaskans issue in August of 1985, and in 1983, and further finds that the need for local hire is greater now than previously.
(Ord. 489 § 4, 1986)
Contracts for public improvements which are funded in whole or in part by local funds or by funds which, in accordance with a federal grant or otherwise, the borough expends or administers, and to which the borough is signatory, may include the requirement that 90 percent of the work shall be accomplished by bona fide local residents, if qualified and available. In the case of federal funds used on a public improvement, the federal program should be intended to encourage economic revitalization, including improvement opportunities for the poor and unemployed.
(Ord. 489 § 5, 1986; Ord. 444 § 4, 1983)