[HISTORY: Adopted by the Common Council of the City of Middletown 2-8-1978 as Ch. 8, Art. II of the 1978 Code; amended in its entirety9-16-2025 by Ord. No. 12-25.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also amended the title of this chapter, formerly "Purchasing."
A. 
Definitions. The following words and phrases when used in §§ 78-1 to 78-23, inclusive, shall have the following meanings:
CITY
The City of Middletown.
COMPETITIVE BIDDING
A contract that adheres to the requirements of the formal contract procedure for the purchase of goods under § 78-9.
COMPETITIVE NEGOTIATION
A procedure for contracting for professional services providers or consulting services or technical services in which (A) proposals are solicited from qualified professional and technical service providers or consultants by a request for proposals or other such solicitations as set forth in in this chapter, and (B) changes may be negotiated in proposals and prices after being submitted.
CONTRACT
As defined in § 1-3, limited for the purposes of this chapter to those contracts procured for goods and services and, thereby subject to the competitive procurement requirements of this chapter.
CONTRACTUAL SERVICES
Includes all telephone, gas, water, electric light and power services; towel and cleaning service; leases for all grounds, buildings, office or other space required by the using agencies; and the rental, repair or maintenance of equipment, machinery and other City-owned personal property. The term shall not include professional and other contractual services which are unique in their nature and may not be subject to competition.
COUNCIL
The Common Council of the City.
DEPARTMENT HEAD
An employee, as defined by the City Charter, who heads any Department in the City; has substantial supervisory control of a permanent nature over other municipal employees; and, is directly accountable to the Mayor, including "Directors" as the term was used in prior Charters.
DIRECTOR
The Director of Finance of the City.
EMERGENCY
A circumstance that may affect the immediate health, safety, or welfare of the City or its citizens.
INVITATION FOR BIDS ("IFB")
A formal competitive bidding process utilized for the purchase of goods which can be quantified and defined and is generally awarded based on the lowest net cost to lowest responsive and responsible bidder.
LOWEST RESPONSIBLE BIDDER
The qualified bidder that submitted a responsive bid at the lowest price of all the responsive bids submitted, and whose past performance, reputation, and financial capability is deemed acceptable by the City.
MAYOR
The Mayor of the City.
MULTI-YEAR CONTRACT
Means any contract as defined in § 1-3, limited for the purposes of this chapter to those contracts procured for goods and services and, thereby subject to the competitive procurement requirements of this chapter.
NOTICE
Means the publication of any solicitations, under this chapter, by a posting on the website of the City or such other notifications as may be determined in the sole discretion of the Supervisor of Purchasing or as otherwise may be required by law.
PERSONAL PROPERTY
Any movable or intangible thing that is subject to ownership and not classified as real property, which, for purposes of this chapter, is owned by the City.
PROFESSIONAL AND TECHNICAL SERVICES ("PTS")
Services requiring specialized knowledge or licensure as well as the furnishing of judgment, expertise, advice or effort by any independent contractor or business, not including an employee of the City, including, but not limited to, lawyers, doctors, dentists, psychologists, certified advanced practice nurses, veterinarians, architects, engineers, land surveyors, landscape architects, accountants, actuaries, electricians, plumbers, HVAC technicians, and insurance consultants. Contracts for Professional and Technical Services shall be referred to as "PTS contracts."
PROPRIETARY PURCHASE
A proprietary purchase is a method of procurement where the specific specifications or conditions of the purchase are unique to one vendor, meaning no other vendor can offer a comparable product or service. This is often because the product is patented or involves a unique process or design.
RECYCLED PAPER
Paper which meets or exceeds minimum recycled content as defined by the Northeast Recycling Council procurement guideline, as amended, or the EPA procurement guideline, as amended. The guideline which specifies the higher minimum postconsumer content shall control. If no minimum postconsumer standards have been established, the guideline with higher minimum percentage of recovered paper material shall control.
REQUEST FOR PROPOSAL ("RFP")
A formal competitive bidding process utilized when the result is more of an intangible such as a professional or technical service. Price is only one factor in the award decision, and the methods provide for negotiation with the proposer. When the term RFP is used the Purchasing Supervisor may also issue requests for qualifications or other related solicitation vehicle for consideration under a competitive negotiation.
RESPONSIBLE BIDDER
A vendor who has submitted a bid which conforms in all material respects to the requirements stated in the IFB.
SOLE SOURCE
A sole source purchase is a method of procurement when only one supplier/vendor possesses the unique ability or capability to meet the requirements of the entity or when only one vendor is available.
SUPERVISOR OF PURCHASING
The employee in charge of the Purchasing Department and designee for the City for the administration of the procurement provisions of this Code.
SUPPLIES
Includes all supplies, materials and equipment.
USING AGENCY or USING AGENCIES
Any department, agency, commission, bureau or other unit of the City government using supplies or procuring contractual services as provided for in this chapter.
VENDOR
One who sells goods and/or services; a supplier.
B. 
Rules of construction. The following apply to §§ 78-1 to 78-19, inclusive:
(1) 
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.
(2) 
The word "shall" is always mandatory and not merely directory.
A. 
Multi-year contracts that are less than $100,000 in aggregate value for the duration of multi-year term do not require Common Council approval but rather must adhere to the other approval and disclosure requirements of this Code, including but not limited to § 78-10E.
B. 
Multi-year contracts costing $100,000 and over in aggregate value for the duration of the term must adhere to a formal competitive procurement process, unless otherwise exempted, and include final approval by a majority vote of the Common Council, as further set forth in Chapter 78 and Chapter 79.
C. 
Contracts under Chapter 79 or otherwise. The provision of § 78-2A and B, above, shall not apply to any written agreements documenting negotiated consensual settlements of any claims or allegations involving the City and any third parties, whether originating in a judicial or administrative proceedings under law, the Charter or ordinances or pursuant to or otherwise related to rights derived from any agreement, including collective bargaining agreements. Moreover, other written agreements such as letters of intent, letters of interest, and other examples of latent, potential, unilateral or executory documents or arrangements that otherwise may not be binding upon the City may become a binding legal obligation of the City only if and to the extent that any such document or arrangement has been approved by a majority vote of the Common Council.
The Supervisor of Purchasing, when designated by the Director of Finance, shall prescribe the time of making requisitions for such supplies, materials, and equipment and the future period which said requisitions are to cover. All using agencies, either by or with the authorization of the Department Head under which the using agency operates, shall file requisitions in such manner, at such times, and for such future periods as the Supervisor of Purchasing when designated shall prescribe. No purchases may be made without an authorized requisition.
A. 
Revisory power. The Supervisor of Purchasing when designated by the Director of Finance shall examine each requisition or estimate and shall have the authority to revise as to quantity, quality, or estimated cost, but revisions as to quality shall be in accordance with the standards and specifications established pursuant to this chapter. In case of a difference of opinion between the Director of Finance or Supervisor of Purchasing when designated and the using agency as to the revision, the Mayor shall resolve the difference.
[1]
For requisitions pertaining to contracts not within the purview of Chapter 78, please refer to § 79-2.
A. 
Except in cases of emergency, the Supervisor of Purchasing shall not issue any order for delivery on a contract or open market purchase until the Director of Finance, or other official designated by the Director of Finance, shall have certified, after preaudit, that there is to the credit of the using agencies concerned a sufficient unencumbered appropriation balance in excess of all unpaid obligations, to defray the amount of such order.
B. 
The Supervisor of Purchasing is authorized to commence the purchasing process for all Procurements of the City including those in excess of one year from the effective date of the Agreement where said Supervisor determines the following, in writing:
(1) 
Sufficient funds are certified and encumbered for the first year of the proposed transaction; or, the Procurement is funded exclusively from a capital project fund account or other multi-year approval or funding commitment or loan or grant agreement, as approved by the Common Council, and, if a capital or grant funded project, said transaction shall have a term that does not exceed the duration of the project as set forth in the plan or narratives accompanying the capital budget, multi-year funding commitment or loan or grant agreement; and
(2) 
The estimated quantity requirements or scope of services cover the period of the contract and are reasonably firm and continuing; and
(3) 
Such a contract will serve the best interests of the City by encouraging effective competition or otherwise promoting economies in procurement for the City.
[1]
For encumbrances of funds pertaining to contracts not within the purview of Chapter 78, please refer to § 79-3.
Any purchase order or contract within the purview of this chapter in which the Supervisor of Purchasing or any officer or employee of the City is financially interested, directly or indirectly, shall be void, except that this section, however, shall not apply to supplies and services furnished in the regular course of business at prevailing market prices or at competitive bid, and before the execution of a purchase order or contract the Council shall have the authority to waive compliance by a majority vote of the Common Council, as defined by the City Charter with this section when it finds such action to be in the best interest of the City.
A. 
Noncollusive bid statement. All bidders shall be required to provide a signed noncollusive statement with all public bids as follows:
(1) 
The bid has been arrived at by the bidder independently and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with, any other vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition; and
(2) 
The contents of the bid have not been communicated by the bidder or its employees or agents to any person, not an employee or agent of the bidder or its surety on any bond furnished with the bid and will not be communicated to any such person prior to the official opening of the bid.
B. 
Gifts and rebates. The Supervisor of Purchasing and every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoever, except where given for the use and benefit of the City.
A. 
Except as otherwise provided herein, all purchases of supplies and contractual services, and all sales of personal property which have become surplus, obsolete, or unusable, of less than the estimated value of $35,000, shall be made in the open market, without any notice requirement and without observing the procedures pertaining for the award of formal contracts.
(1) 
Purchases in the amount of $10,000 or less.
(a) 
Purchasing card or purchase order. A City-issued purchasing card or a purchase order may be used to obtain these supplies or general services. Procedures adopted for the use of purchasing cards must be followed. Consideration should be given to vendors with existing contracts, state contracts, and other government cooperative purchasing agreements as set forth in § 78-18 when making such purchases. Capital nonrecurring ("CNR") items may be obtained with a purchasing card only with the prior approval of the Director of Finance.
(2) 
Purchases of $10,000 and less than $35,000.
(a) 
Minimum number of price quotations. Purchases of these supplies or general services must be based on at least three price quotations, documented on a Summary Quotation Form approved by the Director of Finance or their designee, that includes the same information from all vendors and shall be awarded to the lowest responsible vendor in accordance with the standards set forth in § 78-9H(2).
(3) 
Award. The three price quotations shall be forwarded to the Director of Finance or their designee with the requisition for the supplies or contractual services, and the Purchasing Department will determine the lowest responsible vendor. After review, the Director of Finance or said director's designee shall approve the purchase order. If three quotation forms are not attached to the requisition, the Director of Finance or the Director's designee may recommend additional vendors from which to solicit quotes.
B. 
These open-market procedures do not apply where a more specific procedure is in place, including PTS contracts under § 78-10, emergency purchases under § 78-14, and government cooperative purchases under § 78-18.
A. 
Except as otherwise provided in this chapter, all purchases of, and contracts for, supplies, and all sales of personal property, involving the expenditure of $35,000 or more, which has become surplus, obsolete and unusable shall be based wherever possible on competitive bids and subject to the formal contract procedure set forth in § 78-9.
B. 
The provisions of this section shall not be applicable to any proprietary purchases or sole source items, except that in the case of proprietary purchases and sole-source items, the Mayor shall countersign all purchase orders, in accordance with the provisions pertaining to multi-year contracts, nor will they apply to procurement based on PTS contracts, which are set forth in § 78-10.
C. 
The Director of Finance or Supervisor of Purchasing, when designated, shall have the discretionary authority, after consultation with the using agency, to utilize state, federal, and/or other governmental cooperative purchasing agreements, as set forth in § 78-18, in lieu of obtaining sealed competitive bids for commodities and/or equipment, if to do so is in the City's best interest. Local bidders meeting the requirements of § 78-9K shall be given the opportunity to match the contract price whenever possible prior to any contract award.
Purchases shall be made in accordance with this Code of Ordinances, provided that if any purchase or contract for purchasing, including a continuing order or contract for the purchase of the same commodity or service over a period of four months; or, the sale of personal property that has become surplus, obsolete, or unusable involves the expenditure of $35,000 or more; or, a multi-year contract as defined in this Code (and as further addressed in § 79-2 and § 79-10H), the Director of Finance or Supervisor of Purchasing, when designated, unless it shall be determined by a majority vote of the Common Council, as defined by the City Charter, to be against the best interest of the City, or unless the item is a proprietary purchase or sole-source item or unless the item may be purchased cooperatively as described in § 78-18, based on the considerations listed below, shall invite sealed bids or proposals, giving 10 days' notice, as defined, and shall let the purchase or contract to the lowest responsible bidder thereon or may reject any or all such bids or proposals. All such sealed bids or proposals shall be opened publicly. The reason for rejection shall be placed on file with the bids.
A. 
Waiver. In reaching a determination if a waiver of the bidding procedure is in the best interest of the City, the Council shall consider factors such as the urgency of the sale, purchase or contract; the type of purchase, sale or contract; the amount of money involved; the necessity of the purchase, sale or contract; the lack of an appearance of favoritism or impropriety; and other factors which the Council deems to be applicable to the situation.
(1) 
Complete documentation. Any Department Head seeking a waiver shall be responsible to supply to the Mayor's office, in a timely manner, prior to the Common Council meeting at which the bid waiver request is to be heard, complete documentation to support the request to waive the bidding procedures, addressing all considerations the Department Head feels relevant, including but not limited to the factors previously stated above.
(2) 
Inclusion of documentation in notice and agenda. Said documentation shall be included in the Common Council notice and agenda served on Council members prior to their regularly scheduled meeting. At the Common Council meeting, the Department Head shall be expected to address all of the foregoing considerations and be ready to answer any and all other questions related to the bid waiver request.
B. 
Scope of notice. The notice as defined and required herein shall include a general description of the supplies or contractual services required and shall state where bid blanks and specifications may be secured and the time and place for opening bids.
C. 
Bulletin board. The Director of Finance or Supervisor of Purchasing, when designated, shall, in addition to notice requirements, also advertise all pending purchases or sales by a notice posted on the public bulletin board in the Municipal Building.
D. 
Bid opening procedure.
(1) 
Sealed. Bids shall be submitted sealed to the Director of Finance or Supervisor of Purchasing, when designated, and shall be identified as bids on the envelope.
(2) 
Public bid openings. Bids shall be opened virtually at the time and place stated in the public notice.
(3) 
Tabulation. A tabulation of all bids received shall be posted for public inspection.
E. 
Rejection of bids; bidders in default to City.
(1) 
Authority to designate. The Director of Finance or Supervisor of Purchasing, when designated, with the approval of the Mayor, shall have the authority to reject all bids or parts of all bids for any one or more supplies or contractual services included in the proposed contract when the public interest will be served thereby.
(2) 
Bidders in default to City. The Director of Finance or Supervisor of Purchasing, when designated, shall not accept the bid of a contractor who is in default on the payment of taxes, charges, assessments, levies, licenses, or other monies to the City.
F. 
Award of contract.
(1) 
Authority in Director of Finance or designee. The Director of Finance or, if designated, the Supervisor of Purchasing, shall have the authority to award contracts within the purview of this chapter after approval of the form by the General Counsel.
(2) 
Lowest responsible bidder. Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder," in addition to price, the Supervisor of Purchasing shall consider:
(a) 
The ability, capacity and skill of the bidder to perform the contract or provide the services required in relation to the standards and specifications as required.
(b) 
Whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference.
(c) 
The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(d) 
The quality of performance of previous contracts or services.
(e) 
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services.
(f) 
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
(g) 
The quality, availability and adaptability of the supplies or contractual services to the particular use required.
(h) 
The number and scope of conditions attached to the bid.
G. 
Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reason for placing the order elsewhere shall be prepared by the Director of Finance or Supervisor of Purchasing, if designated, and filed with the other papers to the transaction.
H. 
Tie bids.
(1) 
Local vendors. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.
(2) 
Outside vendors. Where Subsection H(1) of this section is not in effect, the Director of Finance or Supervisor of Purchasing, when designated, shall award the contract to one of the tie bidders by drawing lots in public, after giving due notice by mail to the tied bidders.
I. 
Performance bonds. The Director of Finance or Supervisor of Purchasing, when designated, shall have the authority to require a performance bond, a payment bond, and liability insurance coverage before entering into a contract, in such amount as he shall find reasonably necessary to protect the best interest of the City. Such bond and insurance coverage, if required, must be provided by the contractor, at his own expense, to the City of Middletown and written by a company authorized to write business in the State of Connecticut and subject to the approval of the Director of Finance, the Mayor and the General Counsel. A log shall be maintained by the Director of Finance or Supervisor of Purchasing, if designated, of the agents writing each bond.
J. 
Prohibition against subdivision of contracts. No contract or purchase shall be subdivided to avoid the requirements of this section.
K. 
Bid preference for local vendors.
(1) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CITY-BASED BUSINESS
A business with a principal place of business located within the City of Middletown. A business shall not be considered a City-based business unless evidence satisfactory to the Director of Finance or Supervisor of Purchasing, when designated, has been submitted with each bid submitted by said business to establish that said business has a bona fide principal place of business in Middletown. Such evidence may include evidence of ownership of or a long-term lease of the real estate from which the principal place of business is operated or payment of property taxes on the personal property of the business to be used in performance of the bid.
PROJECT
All bids and all quotes solicited for purchases exempted from bidding pursuant to § 78-9, as amended, except requests for proposal and PTS contracts pursuant to § 78-10, as amended.
(2) 
On any project, the lowest responsible bidder shall be determined in the following order:
(a) 
City-based bidders.
[1] 
On projects the cost of which is equal to or less than $1,000,000 total contract price or less, any City-based bidder which has submitted a bid not more than 10% higher than the low bid, provided such City-based bidder agrees to accept the award of the bid at the amount of the low bid. If more than one City-based bidder has submitted bids not more than 10% higher than the low bid and has agreed to accept the award of the bid at the amount of the low bid, the lowest responsible bidder shall be that one of such City-based bidders which submitted the lowest bid.
[2] 
On projects the cost of which is over $1,000,000 but equal to or less than $5,000,000 total contract price, any City-based bidder which has submitted a bid not more than 5% higher than the low bid, provided such City-based bidder agrees to accept the award of the bid at the amount of the low bid. If more than one City-based bidder has submitted bids not more than 5% higher than the low bid and has agreed to accept the award of the bid at the amount of the low bid, the lowest responsible bidder shall be that one of such City-based bidders which submitted the lowest bid.
[3] 
On projects the cost of which is $5,000,000 or more total contract price, any City-based bidder which has submitted a bid not more than 3% higher than the low bid, provided such City-based bidder agrees to accept the award of the bid at the amount of the low bid. If more than one City-based bidder has submitted bids not more than 3% higher than the low bid and has agreed to accept the award of the bid at the amount of the low bid, the lowest responsible bidder shall be that one of such City-based bidders which submitted the lowest bid.
A. 
Generally. All PTS contracts shall be negotiated on the basis of a competitive negotiation unless otherwise set forth in this section and will, at a minimum and in accordance with the applicable provision, comply with all due diligence provisions as set forth herein; unless the solicitation falls within an exception or waiver under this chapter.
B. 
Due diligence. The Department Head requesting such services shall provide the following, to the Supervisor of Purchasing unless otherwise required by said Supervisor:
(1) 
General requirements for PTS contract solicitations.
(a) 
Covered transactions. This provision applies to (i) one-year PTS contract solicitations over $10,000 and less than $75,000; and (ii) multi-year PTS contract solicitations less than $100,000.
(b) 
Solicitation of vendors. The Department Head is required to solicit three quotations, estimates, or proposals from proposed vendors approved by the Director of Finance or a designee that includes the same information from all vendors, documented on a Summary Quotation Form or other such form.
(c) 
Failure to obtain quotations, estimates or proposals. If three quotations, estimates, or proposals are not obtained, the Department Head is required to provide, in writing, the reasons why three quotes were not obtained, and such solicitation shall be made through RFP regardless of the amount; unless otherwise set forth in this chapter.
(d) 
Other factors for consideration. In the administration of such solicitations, the Supervisor of Purchasing shall take into consideration the requirements pertaining to (a) declared public emergency, an emergency as defined in this chapter; or (b) any other exception set forth in this chapter, before the City shall consider awarding and entering into a contract with the selected vendor; and
(2) 
Requirements for all solicitations.
(a) 
Description of provider. Provide a description of the PTS provider or consultant for all requests for professional and technical services; and
(b) 
Scope of services. Provide a description of the Department's needs and desired outcomes for the procurement; or
(3) 
Waiver. Request and justify a waiver from the competitive negotiation process, in accordance with § 78-10I, below.
Such requests shall be written in such a manner as to describe the requirements to be met, without having the effect of exclusively requiring a proprietary product or service, or procurement from a sole source, unless approved in accordance with the requirements of this Code.
C. 
Defined terms applicable to § 78-10.
PROFESSIONAL AND TECHNICAL SERVICES
Has the meaning set forth in § 78-1A.
PTS PROVIDER OR CONSULTANT
Means any independent contractor providing highly technical, specialized, and advanced advice and/or work product. PTS providers or consultants shall not be dependent on the City as their sole client and must be clearly considered an independent contractor as opposed to an employee as defined by state and federal laws, regulations and court decisions. Furthermore, PTS includes work or services that require consistent exercise of independent discretion and judgment to perform according to their own methods and without being subject to the control of the City; except, as to the result and acceptance of the work.
D. 
Approval process: approving parties. PTS contracts are subject to initial approval or, in the case of contracts set forth in § 78-10E, final approval by the Director of Finance, the Department Head requesting the services, and the Mayor, being the parties representing the City referred to as the "approving parties." The award of PTS contracts shall be conducted in a manner designed to obtain the best possible value to the City, in accordance with the requirement of this chapter.
(1) 
Approval by a majority vote of the Common Council. Unless otherwise set forth in this chapter or Charter, the sole authority to bind the City to a multi-year contract is within the jurisdiction of the Common Council, unless otherwise excepted or exempted as set forth below.
(2) 
Exception to Common Council approval. Contracts of one year or less in duration and that have an identified source of funds for the intended purpose in the approved budget do not require approval by the Council.
(3) 
Exemption from § 78-10: PTS contracts in an amount less than $10,000. PTS contracts in an amount less than $10,000 are exempted from the provisions of § 78-10.
E. 
PTS contracts of one year or less in an amount of $10,000 to less than $75,000, in accordance with the provisions of § 78-10D(2), above.
(1) 
Compliance with due diligence requirements. PTS contracts for these services, including contracts procured through § 78-18 of this chapter, must comply with the provisions of § 78-10B(1), above.
(2) 
Submission of quotes, estimates and proposals to Mayor and Director of Finance. All quotes, estimates, or proposals required under the provisions of § 78-10B(1) shall be prepared by the Department Head or their designee requesting the service and shall be shared with the approving parties; and
(3) 
Submission of other required information. The Department Head shall provide the approving parties with the information required by § 78-10B(2); and
(4) 
Approval of contracts on one-year or under in duration. The Department Head shall:
(a) 
Draft a memorandum utilizing the PTS form approved by the Director of Finance or their designee summarizing the selection process supporting their recommendation and the outcome to be shared with the Director of Finance and the Mayor.
(b) 
The Department Head must share said memorandum with the Director of Finance and the Mayor and provide all written documentation relating to the selection process supporting their recommendation and the outcome.
(c) 
At least two of the approving parties (including the appropriate Department Head) must sign the document for it to be enforceable and considered approved.
F. 
PTS contracts of one year or less costing over $75,000 shall be required to adhere to a formal competitive process.
(1) 
Scope of notice. The City is required to provide notice, as defined, through the City's website. Such notice shall include a general description of the services required and shall state where the RFP or other solicitation processes, documents and specifications, including but not limited to competitive negotiation, may be secured and the time and place submittals are due.
(2) 
Bulletin board. The Director of Finance or a designee shall provide such notice on the on the public bulletin board in the Municipal Building and as otherwise defined.
(3) 
Sealed. Proposals shall be submitted sealed to the Director of Finance or a designee and shall be identified as a proposal on the envelope.
(4) 
Submission of other required information. The Department Head shall provide the approving parties with the information required by § 78-10B(2).
(5) 
Initial approval. The Department Head shall:
(a) 
Draft a memorandum utilizing the PTS form approved by the Director of Finance or their designee summarizing the selection process supporting their recommendation and the outcome to be shared with the Director of Finance and the Mayor.
(b) 
The Department Head must share said memorandum with the Director of Finance and the Mayor and provide all written documentation relating to the selection process supporting their recommendation and the outcome.
(c) 
At least two of the approving parties (including the appropriate Department Head) must sign the document for it to be enforceable and considered approved.
(6) 
Following initial approval, the Department Head shall:
(a) 
In the event Council approval is required, the Department Head is required to transmit the recommended contract award before the Common Council at its next regularly scheduled meeting or a special meeting so as to seek authorization and approval of the contract, by a majority vote of the Common Council, based on the recommendation.
(b) 
Said memorandum shall be included in the Common Council notice and agenda served on Council members prior to their regularly scheduled meeting. At the Common Council meeting, the Department Head shall be responsible to provide details to support their recommendation and the outcome. The Department Head is required to address all of the foregoing considerations and be ready to answer any and all questions supporting their recommendation.
G. 
Multi-year PTS contracts that are $100,000 or less in aggregate value for the duration of multi-year term do not require Common Council approval but rather must adhere to the other approval and disclosure requirements of this Code, including but not limited to § 78-10E, above.
H. 
Multi-year PTS contracts costing over $100,000 in aggregate value for the duration of the term must adhere to a formal competitive procurement process, including but not limited to competitive negotiation, and include final approval by a majority vote of the Common Council.
(1) 
Scope of notice. The notice, as defined, shall include a general description of the services required and shall state where the RFP or other solicitation processes, documents and specifications, including but not limited to competitive negotiation, may be secured and the time and place submittals are due.
(2) 
Bulletin board. The Director of Finance or a designee shall advertise all RFPs on the public bulletin board in the Municipal Building and by a notice as defined.
(3) 
Sealed. Proposals shall be submitted sealed to the Director of Finance or a designee and shall be identified as a proposal on the envelope.
(4) 
Submission of other required information. The Department Head shall provide the approving parties with the information required by § 78-10B(2).
(5) 
Initial approval. The Department Head shall:
(a) 
Draft a memorandum utilizing the PTS form approved by the Director of Finance or their designee summarizing the selection process supporting their recommendation and the outcome to be shared with the Director of Finance and the Mayor.
(b) 
The Department Head must share said memorandum with the Director of Finance and the Mayor and provide all written documentation relating to the selection process supporting their recommendation and the outcome.
(c) 
At least two of the approving parties (including the appropriate Department Head) must sign the document for it to be enforceable and considered approved.
(6) 
Following initial approval. The Department Head shall:
(a) 
The Department Head is required to transmit the recommended contract award before the Common Council at its next regularly scheduled meeting or a special meeting so as to seek authorization and approval of the contract, by a majority vote of the Common Council, based on the recommendation.
(b) 
Said memorandum shall be included in the Common Council notice and agenda served on Council members prior to their regularly scheduled meeting. At the Common Council meeting, the Department Head shall be responsible to provide details to support their recommendation and the outcome. The Department Head is required to address all of the foregoing considerations and be ready to answer any and all questions supporting their recommendation.
I. 
Request for waiver: action by the Common Council.
(1) 
Any Department Head seeking a waiver from the competitive procurement process, including a competitive negotiation, shall be responsible to provide documentation to support the request to waive the formal RFP process addressing all considerations the Department Head feels relevant.
(2) 
In the case of sole source and proprietary professional and technical services, the waiver application should include a written determination by the Supervisor of Purchasing, or designee under the authority of said Supervisor, that said services qualify therefor.
(3) 
Documentation shall be included in the Common Council notice and agenda served on Council members prior to their regularly scheduled meeting.
(4) 
At the Common Council meeting, the Department Head shall be expected to address all of the foregoing considerations and be ready to answer any and all other questions related to the RFP waiver request. Said waiver may be granted by a majority vote of the Common Council, as defined by the Charter.
A. 
There shall be a fund known as the "Petty Expenditures Revolving Fund." From this fund shall be paid purchases not in excess of $30 each made by the heads of using agencies for incidentals, with the approval of the Supervisor.
B. 
At the end of each month, the Supervisor shall render to the Director of Finance a statement showing the actual expenditures for each using agency made out of such Petty Expenditures Revolving Fund, and the Director of Finance shall reimburse such revolving fund for such expenditures in the same manner as other expenditures of such using agencies are paid.
C. 
The supervisor shall promulgate rules and regulations for use of the Petty Expenditures Revolving Fund.
The Director of Finance or a designee shall transfer, to or between departments, offices, and agencies, sell supplies, materials, and equipment, or donate items after consultation with the head of the Department, office or agency concerned, to be surplus, obsolete or unused.
A. 
Reporting. All using agencies shall submit to the Director of Finance or a designee, at such times and in such form as they shall prescribe, reports showing stocks of all supplies and equipment which are no longer used or which have become surplus, obsolete, worn out, or scrapped.
B. 
Transfer. The Director of Finance or a designee shall have the authority to transfer surplus stock to other using agencies.
C. 
Sales. The Director of Finance or their designee shall have the authority to sell all supplies which have become unsuitable for public use or to exchange the same for, or trade in the same on, new supplies.
D. 
Donate. It is the responsibility of the Department Director to go before the Common Council to seek approval for their donation request prior to donating.
E. 
Accounting procedures. Supplies, materials and equipment transferred between departments or offered for sale, exchange or trade shall be credited by the Supervisor to the storeroom inventory and, if transferred, by a charge against the appropriation of the using agency.
F. 
Competitive bidding. Sales under this section shall be made to the highest responsible bidder, and in conformance with § 78-9.
A. 
Any emergency purchases up to $10,000 are exempt from the procedures set forth in § 78-11 and can be purchased at the discretion of the Department Director or their designee.
B. 
Any emergency purchases above $10,000 must comply with the following:
(1) 
By Supervisor of Purchasing.
(a) 
In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Director of Finance or Mayor shall be empowered to authorize the Supervisor of Purchasing to secure, by open-market procedure as herein set forth, at the lowest obtainable price, any supplies or contractual services regardless of the amount of the expenditure.
(b) 
Recorded explanation. A full report of the circumstances of an emergency purchase shall be filed by the Supervisor of Purchasing with the Director of Finance and Mayor for forwarding to the Common Council to be entered in the Council minutes and shall be open to public inspection.
(2) 
By Department Head.
(a) 
In case of actual emergency, the head of any using agency may purchase directly any supplies or contractual services whose immediate procurement is essential to prevent delays in the work of the using agency.
(b) 
Recorded explanation. The Department Head shall send to the Supervisor of Purchasing a requisition and a copy of the delivery record, together with a full written report of the circumstances of the emergency. The report shall be filed with the Director of Finance, Mayor and Council as provided in Subsection A(2) above.
C. 
Emergency procedure. The Supervisor of Purchasing shall prescribe by rules and regulations the procedure under which emergency purchases by heads of using agencies may be made.
The Supervisor of Purchasing shall inspect all deliveries of such supplies, materials and equipment and cause tests to be made, when necessary, in order to determine their quality, quantity and conformance with specifications.
A. 
Inspection by using agency. The Supervisor of Purchasing shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the Supervisor shall prescribe.
B. 
Tests. The Supervisor of Purchasing shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the Supervisor of Purchasing shall have the authority to request use of laboratory facilities of any agency of the City government or of any outside laboratory.
A. 
The Supervisor of Purchasing, after consultation with the Director of Finance, shall have the authority, in accordance with the procedure outlined herein, to join with other units of government in cooperative purchasing plans and participation with other utilities when it would be in the best interests of the City to do so.
B. 
Restrictions in the use of these cooperative bids shall be as follows:
(1) 
There must be agreement by both parties to the same terms.
(2) 
The prices, terms, and conditions must be the same as actually bid. The City shall not participate in any cooperative purchasing contract where separate pricing and/or terms are quoted for municipalities until it has been determined that the municipal prices offered are, in fact, the lowest responsible bid.
(3) 
Exception. The Supervisor of Purchasing shall grant an exception to the restrictions set out in Subsection B in the following situation only: whenever a City department desires to make a purchase utilizing a cooperative purchasing contract and desires to add options or accessories to the base bid, so long as the bid threshold of $35,000 is not exceeded. This exception is intended for features that are offered as additional equipment options such as seats, lights, liners, etc., that can be purchased "after-market" and that do not materially affect the overall size, performance, or specification of the unit currently under the cooperative purchasing contract. For purposes of determining compliance with the bid threshold limit, the amount will be the value of the additional equipment itself and not the value of the original item being purchased plus the additional equipment.
A periodic audit shall be made to verify that authorized procedures have been followed, using generally accepted accounting principles and procedures based upon recommendations of the Council as provided by Chapter VI, Section 10, of the Charter.
All uniforms purchased by the City for the use of employees of the City shall contain thereon a union label signifying that the uniforms were made under proper working conditions. This section shall not apply if no uniforms are available with a union label that meet the required specifications of the purchaser.
A. 
The requesting department is encouraged to include specifications or alternate specifications for recycled content in all bids and quotes.
B. 
All bids and quotes for the procurement of paper products and printing or copying services shall include specifications or alternate specifications for recycled content. The contract language in the bid documents shall clearly specify the manner in which the contract shall be awarded, with reference to price preferences for recycled paper, if any. However, where a price preference is not specified in the bid documents, if all bids received are for the same total amount or unit price, quality, service and performance being equal, the contract shall be awarded to the bidder of recycled paper. All direct department purchases of paper products and printing or copying services shall include requests for recycled paper. Paper products shall include but not be limited to photocopy paper, computer paper, letterhead, memo paper, lined paper, business cards, and envelopes. Paper products shall also include all tissue products such as paper towels, toilet tissue, and napkins. Outside contractors bidding on provision of paper products shall document recycled fiber content on a form to be provided by the Supervisor of Purchasing.
C. 
When recycled paper is used by City departments, reasonable efforts shall be undertaken to label the products to indicate that they contain recycled materials.
D. 
When requesting bids or quotes for the procurement of new copy machines, the Supervisor of Purchasing shall explore the purchase of machines which are capable of utilizing recycled paper and which are capable of easily producing two-sided copies.
In April of each year, or in a timely fashion coinciding with the City's budget adoption, the Department Heads of the various City departments and heads of using agencies shall meet with the Supervisor of Purchasing to discuss the next fiscal year's capital nonrecurring budget for authorized major equipment purchases and to establish a bidding calendar for those purchases. The purpose of the meeting(s) is to identify similar equipment that can be purchased as soon as possible after the beginning of the fiscal year and to combine requests to achieve economies of scale and to reduce duplication of efforts.
In any instance where purchases are made in violation of the requirements of this chapter or the Purchasing Manual adopted in accordance therewith, the director of the City department in violation shall provide a written explanation of the occurrence to the Mayor and the Director of Finance. The explanation shall include the date on which the purchase was made, the vendor from whom the purchase was made, the total cost of the purchase, and the reason why a purchase order was not obtained prior to the purchase being made.