[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 entirety 12-2-2002. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Financial procedures — See Ch.
44.
[Amended 9-8-2015 by Ord.
No. 21-15]
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.
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 in their nature unique and not subject
to competition.
COUNCIL
The Common Council of the City.
DIRECTOR
The Director of Finance of the City.
EMERGENCY
A circumstance that may affect the health, safety, or welfare
of the City or its citizens.
MAYOR
The Mayor of the City.
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 SERVICES
Services requiring specialized knowledge or licensure, including,
but not limited to, lawyers, doctors, dentists, psychologists, certified
advanced practice nurses, veterinarians, architects, engineers, land
surveyors, landscape architects, accountants, actuaries, and insurance
consultants.
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.
SUPPLIES
Includes all supplies, materials and equipment.
USING AGENCY
Any department, agency, commission, bureau or other unit
of the City government using supplies or procuring contractual services
as provided for in this chapter.
B. Rules of construction. The following apply to §§
78-1 to
78-23, 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.
[Amended 10-1-2007 by Ord. No. 27-07; 9-8-2015 by Ord. No. 21-15]
A. Appointment.
A committee of three individuals consisting of the Mayor, or his/her
designee, as Chairperson; a director of a City department; and the
Director of Finance, or his/her designee, to be known as the Standardization
and Specifications Committee, shall be appointed by the Mayor and
confirmed by the Common Council every two years. The director position
on the Committee shall rotate among the various City departments at
each reappointment of the Committee.
B. Duties.
(1) It shall be the duty of this Committee to review and approve, where
appropriate, all requests for standardization of materials, supplies
or equipment, sole source and proprietary items up to $25,000. The
Committee may take into account factors including, but not limited
to, the following: fiscal analysis, governmental and operational efficiencies,
adaptability, and standardization. The Committee shall keep minutes,
which shall be publicly available.
(2) The Committee shall review all requests for bid waivers prior to
submission to the Common Council and shall make a recommendation to
the Council concerning said request(s).
[Amended 9-4-2007 by Ord. No. 25-07]
The Director of Finance or Supervisor of Purchasing
when designated 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 head of the department under which the using
agency operates, shall file requisitions in such manner, at such times,
and for such future periods as the Director of Finance or Supervisor
of Purchasing when designated shall prescribe. No purchases may be
made without an authorized requisition.
A. Unforeseen requirements. A using agency shall not
be prevented from filing, in the same manner, with the Director of
Finance or Supervisor of Purchasing when designated at any time a
requisition or estimate for supplies and contractual services, the
need for which was not foreseen when the detailed estimates were filed.
B. Revisory power. The Director of Finance or Supervisor
of Purchasing when designated 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.
Except in cases of emergency, the Supervisor
of Purchases 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.
Any purchase order or contract within the purview
of this chapter in which the Supervisor of Purchases 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 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 Purchases 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.
[Amended 9-4-2007 by Ord.
No. 19-07; 9-8-2015 by Ord. No. 21-15]
A. Except as otherwise provided in this chapter, all purchases of, and contracts for, supplies and contractual services, and all sales of personal property which has become obsolete and unusable shall be based wherever possible on competitive bids and subject to the formal contract procedure set forth in §
78-8.
B. The provisions of this section shall not be applicable to any proprietary or one-source items, except that in the case of proprietary and one-source items, the Mayor shall countersign all purchase orders, nor will they apply to procurement based on professional services, 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 user agency, to utilize state, federal, and/or other governmental cooperative purchasing agreements 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 §
78-8M shall be given the opportunity to match the contract price whenever possible prior to any contract award.
[Amended 9-4-2007 by Ord.
No. 20-07; 5-2-2013 by Ord. No. 11-13; 9-8-2015 by Ord. No. 21-15]
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, involves the expenditure of $25,000, the Director of Finance or Supervisor of Purchasing, when designated, unless it shall be determined by the Council to be against the best interest of the City, or unless the item is a proprietary or one-source item or may be purchased cooperatively as described in §
78-7B and
C, based on the considerations listed below, shall invite sealed bids or proposals, giving 10 days' notice thereof by publication at least once in a newspaper having a circulation in the City, 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. 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. Any Director 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 Director feels
relevant, including but not limited to the factors previously stated
above. 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 Director 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 newspaper notice 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. Bidders
list. The Director of Finance or Supervisor of Purchasing, when designated,
shall also solicit sealed bids from responsible prospective suppliers
selected from a bidders list, which the Director of Finance or Supervisor
of Purchasing, when designated, shall maintain, by sending them a
copy of such newspaper notice or such other notice as will acquaint
them with the proposed purchase or sale. In any case, invitations
sent to the vendors on the bidders list shall be limited to commodities
that are similar in character and ordinarily handled by the trade
group to which the invitations are sent.
D. Bulletin
board. The Director of Finance or Supervisor of Purchasing, when designated,
shall also advertise all pending purchases or sales by a notice posted
on the public bulletin board in the Municipal Building.
E. Bid
deposits. When deemed necessary by the Director of Finance or Supervisor
of Purchasing when designated, bid deposits shall be prescribed in
the public notices inviting bids. Bid deposits may be provided by
a bid bond, certified check or legal tender, bid bonds or certified
checks to be made payable to the Treasurer of the City. Unsuccessful
bidders shall be entitled to return of surety where the Director or
Supervisor of Purchasing, when designated, has required bid deposits.
Such return shall be made within 48 hours after rejection. A successful
bidder shall forfeit any surety required by the Director of Finance
or Supervisor of Purchasing, when designated, upon failure on his
part to enter into a contract or submit a letter of intent within
10 days after the award.
F. 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) Openings. Bids shall be opened in public at the time and place stated
in the public notice.
(3) Tabulation. A tabulation of all bids received shall be posted for
public inspection.
G. Rejection
of bids; bidders in default to City.
(1) 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, licenses or other monies
to the City.
H. Award
of contract.
(1) Authority in Director. The Director of Finance or Supervisor of Purchasing,
when designated, 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 Purchases 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.
I. 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 when designated and filed with the other papers to the
transaction.
J. 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
J(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.
K. 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 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, when designated,
of the agents writing each bond.
L. Prohibition
against subdivision of contracts. No contract or purchase shall be
subdivided to avoid the requirements of this section.
M. 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 §
78-8, as amended, except requests for proposal and contracts for professional services 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 $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 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 over $5,000,000 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.
[Amended 10-1-2007 by Ord. No. 28-07; 9-8-2015 by Ord. No. 21-15]
A. All purchases of supplies and contractual services, and all sales of personal property which have become obsolete and unusable, of less than the estimated value of $25,000, shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by §
78-8 for the award of formal contracts.
(1) Purchases costing up to $2,000. 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, cooperative agreements and approved vendors 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 costing over $2,000 and less than $25,000.
(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 his/her 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 §
78-8H(2).
(b) Price quotations. The using department, under the direction of the
Director of Finance or his/her designee, shall solicit price quotations
by direct mail request to prospective vendors, by telephone, by the
City's website, or by public notice posted on the bulletin board
of the Municipal Building.
(c) Award. The three price quotations shall be forwarded to the Director
of Finance or his/her designee with the requisition for the supplies,
and the Purchasing Department will determine the lowest responsible
vendor. After review, the Director of Finance or his/her designee
shall approve the purchase order if appropriate to do so following
submission of all quotations to the initiating department for review.
Following selection of a vendor, the initiating department follows
the City's normal contracting procedures. If three quotation
forms are not attached to the requisition, the Director of Finance
or his/her 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 contracts for professional services under §
78-10, emergency purchases under §
78-14, and cooperative purchases under §
78-18.
[Amended 7-5-2011 by Ord.
No. 11-11; 9-8-2015 by Ord. No. 21-15; 2-1-2016 by Ord. No. 02-16]
A. All contracts for professional services shall be on a negotiated
basis for a period not exceeding three years and will include a scope
of services, with three quotations, estimates, or proposals wherever
practicable to be procured before entering into a contract. Such contracts
are subject to approval by the Director of Finance, the Director of
the department requesting professional services and the Mayor, being
the parties representing the City, hereinafter referred to as the
"Professional Services Committee." The Council may authorize an exception
to these requirements.
B. Contracts for professional services in an amount of less than $2,000
are exempt from the requirement of Professional Services Committee
approval.
C. At each regular Finance and Government Operations Commission meeting,
the Director of Finance shall report a summary of the contracts for
professional services executed in a format approved by that Commission.
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 Supervisor of Purchases, with the approval
of the Mayor, shall transfer, to or between departments, offices and
agencies, or sell supplies, materials, and equipment, determined 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
Supervisor, at such times and in such form as he shall prescribe,
reports showing stocks of all supplies and equipment which are no
longer used or which have become obsolete, worn out or scrapped.
B. Transfer. The Supervisor shall have the authority,
with the approval of the Director of Finance or the Mayor, to transfer
surplus stock to other using agencies.
C. Sales. The Supervisor shall have the authority, with
the approval of the Director of Finance or the Mayor, 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. 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.
E. Competitive bidding. Sales under this section shall be made to the highest responsible bidder, and in conformance with §
78-8.
[Amended 9-8-2015 by Ord.
No. 21-15]
A. By Supervisor.
(1) 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 Purchases 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.
(2) Recorded explanation. A full report of the circumstances of an emergency
purchase shall be filed by the Supervisor of Purchases with the Director
of Finance and Mayor for forwarding to the Council to be entered in
the Council minutes and shall be open to public inspection.
B. By head of department.
(1) 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.
(2) Recorded explanation. The head of such using agency shall send to the Supervisor of Purchases 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 Purchases shall prescribe
by rules and regulations the procedure under which emergency purchases
by heads of using agencies may be made.
The Supervisor of Purchases 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 Purchases
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 Purchases 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 Purchases shall have the authority
to request use of laboratory facilities of any agency of the City
government or of any outside laboratory.
The Supervisor of Purchases shall purchase,
at the expense of the City, surety bonds for all officers and employees
of the City required by law or by ordinance to furnish bonds to the
City, and insurance of such types against liability, loss or damage
on the part of the City or its property as the Council may authorize,
and shall be responsible for the collection of insurance benefits
and other matters relating to the administration of the City's insurance.
[Amended 10-1-2007 by Ord. No. 29-07; 9-8-2015 by Ord. No. 21-15]
A. The Supervisor of Purchases, 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 on an equitable
basis in large bulk purchasing, when the best interests of the City
would be served thereby.
B. The City, as a matter of policy, makes purchases cooperatively with
other governmental agencies whenever it is to the mutual benefit of
both cooperating agencies.
C. Whenever the City participates in a cooperative bid, the record shall
include the following elements of a conventional bid:
(1) A registered certified vendor.
(2) A City file number and file.
(3) A copy of the specification, bid document, and contract award.
D. The City shall issue a notice of award, which is similar in content
to that sent to a vendor on a conventional advertised bid, stating
the City's desire to enter into an agreement at contract-awarded
prices. The vendor must acknowledge its acceptance in writing prior
to the City issuing a purchase order.
E. A purchase order signed by the Supervisor of Purchases must be encumbered
prior to any purchase and must include both the state and City's
contract number.
F. 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.
G. Exception. The Purchasing Supervisor shall grant an exception to the restrictions set out in Subsection
F 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 $25,000 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 Purchases.
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 Purchases shall explore the
purchase of machines which are capable of utilizing recycled paper
and which are capable of easily producing two-sided copies.
[Added 10-1-2007 by Ord. No. 30-07]
In April of each year, or in a timely fashion
coinciding with the City's budget adoption, the directors of the various
City departments shall meet with the Supervisor of Purchases 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. Any disputes shall be
reviewed and resolved by the Standardization and Specifications Committee.
[Added 10-1-2007 by Ord. No. 31-07]
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.