The purchasing agent shall be responsible for the acquisition and provision of supplies, materials and equipment for the city. Such responsibilities shall include, but not be limited to, the following:
A. 
Take the necessary action to ensure that the city will receive the needed quality and quantity of supplies, materials and equipment at least expense to the city;
B. 
Negotiate and execute contracts and purchase orders for the purchase of supplies, materials and equipment;
C. 
Keep informed of current developments in the field of purchasing prices, market conditions and new products;
D. 
Prepare and recommend to the city manager procedures governing the purchase of supplies, materials and equipment for the city;
E. 
Prescribe and maintain forms as are reasonably needed to implement this chapter.
(Ord. 1500 § 1(part), 1993)
A. 
The purchasing agent may enter into and execute on behalf of the city, without prior approval of the city council:
1. 
Contracts and purchase orders for the acquisition of supplies, materials and equipment, provided there is an unencumbered balance of an allocated appropriation available for such contracts or purchase orders; and
2. 
Contracts and purchase orders for the acquisition of supplies, materials and equipment for which funds have not been appropriated, which do not exceed twenty-five thousand dollars.
B. 
Contracts and purchase orders for the acquisition of supplies, materials and equipment for which funding has not been appropriated and which exceed twenty-five thousand dollars shall be approved by the city council.
C. 
Subsection (B) of this section notwithstanding, in the event of an emergency, the purchasing agent may enter into contracts and purchase orders for the acquisition of supplies, materials and equipment for which funding has not been appropriated and which exceed twenty-five thousand dollars when the purchasing agent determines that such supplies, materials and equipment are needed to safeguard life, health, safety or property.
(Ord. 1500 § 1(part), 1993)
The purchasing agent shall obtain competitive bids on contracts or purchase orders for the acquisition of supplies, materials and equipment if the purchasing agent determines the solicitation of bids to be in the best interest of the city. The purchasing agent shall not be required to obtain competitive bids when, in his or her judgment, the solicitation of bids would not be in the best interest of the city or its residents.
(Ord. 1500 § 1(part), 1993)
A. 
The solicitation of competitive bids shall not be deemed to be in the best interests of the city or its residents in situations including, but not limited to, the following:
1. 
The purchase or acquisition of supplies, materials or equipment from or through agreement with any public agency or utility;
2. 
The purchase or acquisition of supplies, materials or equipment which can be obtained from only one vendor or manufacturer;
3. 
The purchase or acquisition of any supplies, materials or equipment deemed by the purchasing agent to be of urgent necessity for the preservation of life, health or property during a public emergency;
4. 
The purchase of supplies, materials or equipment where solicitation of bids would, for any reason, be an idle act.
B. 
The purchasing agent is authorized to acquire supplies, materials or equipment in the open market where the solicitation of competitive bids would not be in the best interests of the city or its residents.
(Ord. 1500 § 1(part) 1993)
Bids shall be solicited in the manner deemed appropriate by the purchasing agent under the circumstances. The manner of solicitation may include, but shall not be limited to, any of the following methods:
A. 
Notices inviting bids published in newspapers or other publications;
B. 
Direct mailings to vendors;
C. 
Telephonic communications with vendors;
D. 
Facsimile transmissions to vendors.
(Ord. 1500 § 1(part), 1993)
All bids shall include such bidder's security as is required by the bid documents and shall be presented under sealed cover. If the successful bidder fails to execute the contract within the time specified in the notice inviting bids or in the specifications referred to therein, the bidder's security may be declared forfeited by the purchasing agent to the city, and any bonds so forfeited may be prosecuted and collected and the amount of the security paid into the general fund. Unsuccessful bidders shall be entitled to return of their bidders' security. The form and amount of such security shall be described in the notice inviting bids or in the specifications referred to therein.
(Ord. 1500 § 1(part), 1993)
To secure faithful performance of the contract, the purchasing agent is authorized to require security in the form of cash, cashier's check, certified checks or corporate faithful performance bonds, in such amount as the purchasing agent shall deem reasonably necessary to protect the best interests of the city. If the purchasing agent requires such security, the form and amount thereof shall be described in the notice inviting bids or in the specifications referred to therein. The purchasing agent need not require such security if he or she does not deem such to be reasonably necessary to protect the best interest of the city, or if he or she believes the interests of the city are best served by not requiring the same.
(Ord. 1500 § 1(part), 1993)
The purchasing agent may, in his or her discretion, reject any or all bids presented. If the purchasing agent rejects all bids, the purchasing agent may, in his or her discretion, readvertise for new bids or may have such supplies, materials or equipment purchased in the open market without readvertising for bids.
(Ord. 1500 § 1(part), 1993)
If no bids are received, the purchasing agent may, at his or her discretion, readvertise or may otherwise acquire in the open market such supplies, materials and equipment. In the event that bids are received, but none of the bids meets specifications, this section shall apply as if no bids were received.
(Ord. 1500 § 1(part), 1993)
The purchasing agent shall not be required to award a contract to the bidder with the lowest price. Rather, the purchasing agent shall determine the most advantageous bid to the city and to its residents, which shall be based on, but not limited to, the following factors:
A. 
Price;
B. 
Trade discounts;
C. 
Shipping costs, when included in the specifications;
D. 
Life cycle costs when included in the specifications;
E. 
City's share of tax revenue generated by sale (e.g., sales tax);
F. 
Vendor proximity to the using department;
G. 
Completeness of inventory;
H. 
Quality of past service;
I. 
Most favorable price discounts; and
J. 
Vendor that has consistently offered the lowest price during the previous twelve-month period.
(Ord. 1500 § 1(part), 1993)
Where bidding is utilized, contracts shall be awarded by the purchasing agent to the most advantageous bid meeting specifications, unless the purchasing agent rejects all bids. The purchasing agent shall have the right to waive any informalities or minor irregularities in bids or bidding. For the purpose of this section, "informalities or minor irregularities" shall include, but not be limited to, clerical errors, erasures, incompletions, misspellings and other such items.
(Ord. 1500 § 1(part), 1993)
Following the execution of a contract or purchase order for supplies, materials or equipment, the purchasing agent may purchase additional quantities at the quoted price, if such an option for additional quantities is offered by the vendor and an unencumbered balance of an allocated appropriation is available.
(Ord. 1500 § 1(part), 1993)
Where the purchasing agent has determined that it is required by the health, safety or welfare of the people or employees of the city or that significant costs savings have been demonstrated, standardization of supplies, materials or equipment is permitted and the specifications may limit the purchase to a single brand or trade name. Among the factors that may be considered in determining to standardize on a single brand or trade name are that:
A. 
Repair and maintenance costs would be minimized;
B. 
User personnel training would be facilitated thereby;
C. 
Supplies or spare parts would be minimized;
D. 
Modifications to existing equipment would be minimized or not be necessary;
E. 
Training of repair and maintenance personnel would be minimized; and/or
F. 
Matching existing supplies, materials or equipment is required for proper operation of a function or program.
(Ord. 1500 § 1(part), 1993)
A. 
The purchasing agent shall have authority to require chemical and physical tests of samples submitted with proposals, to determine their quality and conformance with specifications.
B. 
Within a reasonable time after delivery to and receipt by the city, the purchasing agent shall have the right to inspect and test any supplies, materials or equipment purchased by the city in order to determine whether they conform with the specifications set forth in the order or contract.
C. 
Acceptance by the city shall not constitute a waiver of performance by the seller, in accordance with the specifications and other contract documents.
(Ord. 1500 § 1(part), 1993)
Purchases of supplies are not obtained through the use of competitive bidding may be made in the open market. Open market purchases of supplies, materials and equipment by the purchasing agent shall be awarded to the vendor which, in the judgment of the purchasing agent, submits an offer that is most advantageous to the city.
(Ord. 1500 § 1(part), 1993)