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City of El Reno, OK
Canadian County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of El Reno 9-1-1972 as Ch. 2, Art. III, of the 1972 Code. Amendments noted where applicable.]
[Amended 11-1-1976 by Ord. No. 2278]
A. 
The Competitive Bidding Act of 1974 of the State of Oklahoma, codified as 61 O.S. §§ 101 through 138, and as amended from time to time by the State Legislature, is hereby adopted and made a part of the Code of Ordinances, City of El Reno, Oklahoma, except:
(1) 
Section 113B3 thereof is hereby amended to read and provide as follows:
"A good and sufficient bond in a sum equal to the contract price with adequate surety for the first year and for 15% of the contract price for the second and third years after the acceptance of the project by the City to protect it against defective workmanship and materials."
B. 
All ordinances or parts of ordinances in conflict herewith are hereby repealed, except Subsection G of § 217-9 of the Code of Ordinances, City of El Reno, Oklahoma, dealing with special improvement districts, which shall remain in full force and effect.
For the purpose of this chapter, the following terms shall have the meanings indicated:
CONTRACTUAL SERVICES
Services performed for the City by persons not in the employment of the City and may include the use of equipment or the furnishing of commodities in connection with the services under express or implied contract. Contractual services include travel; freight; express; parcel post; postage; telephone; utilities; rents; printing and binding; repairs, alterations and maintenance of buildings, equipment, streets and bridges, and other physical facilities of the City; and other services performed for the City by persons not in the employment of the City.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Hospital Administrator, for the City hospital or hospitals, and the City Manager, for all other offices, departments and agencies of the City government, or their designated agents, shall contract for and purchase, or issue purchase authorizations for, all supplies, materials, equipment and contractual services.
[Amended 9-2-1975 by Ord. No. 2259A; 8-4-1980 by Ord. No. 2368; 6-2-1992 by Ord. No. 2675; 6-16-1992 by Ord. No. 2677]
A. 
The City Manager shall be responsible for the review and approval for payment of claims for all expenditures of the City. All claims shall be made on purchase orders properly issued by the Finance Department, which shall certify that the amount is within the approved budget for the account charged. All claims must be signed by the City Clerk or a purchasing officer and the department head initiating the purchase or expenditure prior to approval by the City Manager. The City Manager is authorized to designate an officer of the City to review and approve claims which are under $2,500 or periodic payments on a contract which has previously been entered into by the City. A monthly report shall be prepared listing all approved payments made for the preceding month. A copy of the payment listing shall be forwarded to each member of the City Council.
[Amended 8-28-2008 by Ord. No. 6020[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All payments shall be made on regular schedules which shall assure payment of bills in a timely manner. Exceptions to regular payment schedules must be authorized by the City Manager or his designee.
C. 
The City Manager is authorized to amend certain budget categories as needed without City Council action as provided for in 11 O.S. § 17-215. The City Manager is authorized to transfer any unexpended and unencumbered appropriation or any portion thereof from one account to another within the same department or from one department to another within the same fund; except that no appropriation for debt service or other appropriation required by law or ordinance may be reduced below the minimums required.
D. 
The City Manager is required to submit for City Council action all other budget amendments, including transfers of appropriations between funds and all other supplemental appropriations or decreases in appropriations. Such proposed amendments will be submitted to the City Council for action on a properly completed budget amendment form.
A. 
Before any purchase of or contract for supplies, materials, equipment or contractual services is made, except as otherwise provided in § 93-6, the City Manager or the Hospital Administrator, as the case may be, shall submit to at least three persons, firms or corporations dealing in and able to supply the same, or to a smaller number if there are not three dealing in and able to supply the same, a request for quotation (or invitation to bid) and specifications, to give them opportunity to bid; and/or publish notice of the proposed purchase in a newspaper of general circulation within the City.
[Amended 8-12-2014 by Ord. No. 9061]
B. 
All bids submitted under this section shall be sealed and shall be opened in public at a designated time and place. The City Manager or the Hospital Administrator, as the case may be, may repeatedly reject all bids, and again may submit to the same or other persons, firms or corporations the request for quotation or invitation to bid, and/or again publish notice of the proposed purchase. He shall purchase from the bidder whose bid is most advantageous to the City, considering price, quality, date of delivery and other relevant factors. In case of a tie, he may purchase from one of those tying, or may divide the purchase among those tying, always accepting the bid or bids most advantageous to the City.
[Amended 7-16-1979 by Ord. No. 2345; 8-4-1980 by Ord. No. 2368; 5-15-1986 by Ord. No. 2526; 12-5-1995 by Ord. No. 2801; 4-3-2001 by Ord. No. 2948; 2-8-2002 by Ord. No. 2927; 8-28-2008 by Ord. No. 6019]
A. 
The following may be purchased by the City Manager without giving an opportunity for competitive bidding:
(1) 
Supplies, materials, equipment or contractual services which cost does not exceed $50,000 in a single transaction.
(2) 
Supplies, materials, equipment or contractual services which can be furnished only by a single dealer, or which have a uniform price wherever bought.
(3) 
Supplies, materials, equipment or contractual services purchased from another unit of government at a price deemed below that obtainable from private dealers, including war surplus.
(4) 
Contractual services (gas, electricity, telephone service and the like) purchased from a public utility at a price or rate determined by the State Corporation Commission or other government authority.
(5) 
Supplies, materials, equipment or contractual services when purchased at a price not exceeding a price set therefor by the state purchasing agency or any other state agency hereafter authorized to regulate prices for things purchased by the state (whether such price is determined by a contract negotiated with a vendor or otherwise).
(6) 
Contractual services of a professional nature, such as legal, engineering, architectural and medical services.
B. 
Any award of contract for purchase of supplies, materials, equipment, or contractual services over $25,000 shall require the separate vote of the El Reno City Council.
C. 
The Trustees of the Hospital Trust Authority shall, by resolution, establish applicable limitations on the amount of any contract for the purchase of supplies, materials, equipment or contractual services for the use of the Hospital Trust Authority without competitive bidding; provided, however, that nothing provided for herein shall be construed to prohibit the expenditure of Authority funds for emergency purchase of equipment deemed to be essential to the maintenance of the trust facilities in good working order. Said resolution shall be available for public inspection at reasonable hours in the Hospital Administrator's office.
D. 
In an emergency situation, the City Manager is authorized to bypass competitive bidding with reference to notice and bids, but such authority shall not extend to any such contract exceeding $50,000. Whenever the City Manager shall declare such emergency, he shall notify the governing body and the Mayor of such action within 72 hours. Such notification shall contain a statement of the reasons for his action, and shall be recorded in the official minutes of said governing body. "Emergency," as used in this section, shall be limited to conditions resulting from a sudden, unexpected happening or unforeseen occurrence or condition in a situation wherein the public health or safety is endangered.
[Added 5-3-2011 by Ord. No. 9005; amended 8-12-2014 by Ord. No. 9061; 8-11-2015 by Ord. No. 9084]
A. 
The City may give preference to local vendors who are residents of the City of El Reno or Canadian County, Oklahoma, or the State of Oklahoma who submitted responsive bids and whose bids are within 10% of the lowest responsive bidder who is not a local vendor or is an out-of-state vendor. This preference shall not apply to public construction contracts.
B. 
A "local vendor" is any person, firm, corporation or other legal entity, if at the time the contract is advertised for bids and at the time bids are submitted, it meets the following requirements:
(1) 
Maintains its principal place of business in the City of El Reno or in Canadian County, Oklahoma.
(2) 
If the bidder is a corporation, then it must be domesticated or incorporated in Oklahoma and a majority of its outstanding shares must be owned by one or more individual citizens and residents of the City of El Reno or of Canadian County, Oklahoma, who pay income, real property and personal property taxes in this state.
(3) 
If the bidder is a partnership, general or limited, or other legal entity, then the partners or associates owning a majority beneficial interest therein must be citizens and residents of the City of El Reno or of Canadian County, Oklahoma, who pay income, real property and personal property taxes in this state. If one or more partners or associates are corporations, then a majority of its outstanding shares must be owned by individual citizens and residents of the City of El Reno or Canadian County, Oklahoma, who pay income, real property and personal property taxes in this state. If the entity is a trust, then a majority of the beneficial interest thereof must be owned by individual citizens and residents of the City of El Reno or Canadian County, Oklahoma.
(4) 
If the bidder is an individual, then the individual must be a citizen and resident of the City of El Reno or Canadian County, Oklahoma, who pays income, real property and personal property taxes in the State of Oklahoma.
(5) 
The provisions of this section shall not be applicable to any contract in which federal funds are involved; and
C. 
A "resident bidder" is any person, firm, corporation or other legal entity, if at the time the contract is advertised for bids and at the time bids are submitted, it meets the following requirements:
(1) 
Maintains its principal place of business in the State of Oklahoma.
(2) 
If the bidder is a corporation, then it must be domesticated or incorporated in Oklahoma and a majority of its outstanding shares must be owned by one or more individual citizens and residents of the State of Oklahoma who pay income, real property and personal property taxes in this state.
(3) 
If the bidder is a partnership, general or limited, or other legal entity, then the partners or associates owning a majority beneficial interest therein must be citizens and residents of the State of Oklahoma who pay income, real property and personal property taxes in this state. If one or more partners or associates are corporations, then a majority of its outstanding shares must be owned by individual citizens and residents of the State of Oklahoma who pay income, real property and personal property taxes in this state. If the entity is a trust, then a majority of the beneficial interest thereof must be owned by individual citizens and residents of the State of Oklahoma.
(4) 
If the bidder is an individual, then the individual must be a citizen and resident of the State of Oklahoma who pays income, real property and personal property taxes in the State of Oklahoma.
(5) 
The provisions of this section shall not be applicable to any contract in which federal funds are involved; and
D. 
A resident bidder or local vendor shall submit with his bid an affidavit stating that he meets the requirements of this section.