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§ 2-400 Authority and duties generally.

[ Ord. No. 10376 , 12-15-2016 ] The Director of Procurement shall have the authority and the duty to procure or contract for all supplies and services needed by any using agency that derives its support entirely or in part from the City. Procurement procedures as prescribed by this article and such rules and regulations as the Director of Procurement, with the consent of the City Council, shall adopt for the internal management and operation of the office of the Director of Procurement shall be followed.

§ 2-401 Additional powers and duties enumerated.

[ Ord. No. 10376 , 12-15-2016 ] In addition to the procurement authority conferred in this article, and in addition to any other powers and duties granted and imposed by this article, the Director of Procurement shall: (1) Procure for the City the highest quality in supplies and contractual services at the least expense to the City. (2) Procure for the City all professional services following the correct methods of competitive proposals and requests for qualifications. (3) Discourage collusive or restrictive bidding and endeavor to obtain as full and open competition as possible for all procurements and sales. (4) Recommend and, with the consent of the City Council, establish and amend when necessary all rules and regulations authorized by this article an...

§ 2-402 Supervision of warehouses with inventory-controlled stock.

[ Ord. No. 10376 , 12-15-2016 ] The Director of Procurement shall be in control of and supervise all storerooms and warehouses where an inventory-controlled stock is maintained by the City or any using agency of the City.

§ 2-403 Inventory record.

[ Ord. No. 10376 , 12-15-2016 ] The Director of Procurement shall maintain an inventory record of all materials, supplies or equipment stored in the storerooms and warehouses where an inventory-controlled stock is maintained by the City or using agency of the City.

§ 2-404 Authority to engage in cooperative purchasing.

[ Ord. No. 10376 , 12-15-2016 ] The Director of Procurement shall have the authority, to the extent permitted by law, to join with other units of government or other government agencies or authorities in cooperative purchasing, under appropriate circumstances, to utilize cooperative purchasing programs. Cooperative agreements may be prepared or led by the City or by other local, state, or national entities. In order for a cooperative purchasing program to be considered an appropriate procurement method, the contract that the City desires to purchase under must have been competitively sourced and must meet or exceed City needs related to specification, availability and cost per all local and state requirements.

§ 2-405 Check of market conditions.

Before extending or renewing an existing contract, the Director of Procurement will conduct market research commensurate with the value of the contract or award to ascertain that the proposed contract is still advantageous to the City before it is extended.

§ 2-406 through § 2-419. (Reserved)

[ Ord. No. 10376 , 12-15-2016 ]

Ch 2 Art VI Div 3 Formal Procurement Procedures

§ 2-420 When required.

[ Ord. No. 10376 , 12-15-2016 ] All contracts for supplies or contractual services, except as otherwise provided herein, that exceed $15,000 during a fiscal year or when the full term of such contract may be annually renewed for more than five years and has a total contract price that will exceed $45,000 shall be procured through formal written contract from the lowest responsible bidder after due notice inviting proposals.

§ 2-421 Subdivision of contract to evade requirements prohibited.

[ Ord. No. 10376 , 12-15-2016 ] No contract or procurement shall be subdivided to avoid the requirements of this division. The value for said contract or procurement shall adhere to this section cumulatively in one fiscal year.

§ 2-422 Solicitation of bids.

[ Ord. No. 10376 , 12-15-2016 [1] ] The Director of Procurement shall, by certified or registered mail, electronic means or by first-class mail, solicit sealed bids from at least three responsible prospective suppliers wherever possible. Prospective suppliers to whom invitations to bid are sent shall be limited to those who are part of the trade group offering commodities and services that are similar in character to those being procured. If a lesser number of bids is received, the Director of Procurement will certify the attempt to obtain three bids. If the Director of Procurement, the head of the using agency, and the Chief Administrative Officer believe, after receipt of less than three bids, re-solicitation may cause excessive delay, public inconvenie...

§ 2-423 Bid deposit.

[ Ord. No. 10376 , 12-15-2016 ] When deemed necessary by the Director of Procurement or when requested by a using agency or when directed by the City Attorney, bid deposits shall be prescribed in inviting bids. An unsuccessful bidder shall be entitled to return of any bid deposit required. A successful bidder shall forfeit the bid deposit required by the bid in the amount of any damages incurred by the City as a result of the failure on the bidder's part to enter into a contract within 10 days after the award, and the invitation to bid shall so state.

§ 2-424 Manner of submission of bids; opening; recommendations to Council.

[ Ord. No. 10376 , 12-15-2016 ] (1) Sealed bids shall be submitted to the Director of Procurement and shall be identified as bids on the envelope. The bids shall be opened in public at the time and place stated in the invitations to bid and in any public notices. If the City elects to receive bids electronically, the bid submittals shall be delivered in accordance with the instructions concerning electronic bidding. After the opening, the Director of Procurement shall tabulate all bids received and file a report of the bids with the Chief Administrative Officer and City Council together with the Director of Procurement's recommendations as to whom the award shall be made. (2) Resolution or ordinance requests for procurements or contracts that require a co...

§ 2-425 Award of contract to lowest responsive and responsible bidder.

[ Ord. No. 10376 , 12-15-2016 ] The City Council, upon receiving the bid tabulation and recommendation of the Director of Procurement, shall award the contract to the lowest responsive and responsible bidder. The Director of Procurement and City Council shall have the right to reject any and all bids.

§ 2-426 Factors for determination of lowest responsive and responsible bidder.

[ Ord. No. 10376 , 12-15-2016 ] In determining the lowest responsive and responsible bidder, the Director of Procurement and City Council shall consider: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required. (2) Whether the bidder can perform the contract or provide the services promptly or within the time specified without delay or interference. (3) The character, integrity, responsibility, judgment, experience and efficiency of the bidder. (4) Whether the bidder is in default on the payment of taxes, licenses or other moneys due the City. This factor alone may justify disqualification. (5) The quality and performance of previous contracts or services. (6) The previous and existing compliance by the b...

§ 2-427 Specifications.

[ Ord. No. 10376 , 12-15-2016 ] The Director of Procurement shall monitor the use of specifications for supplies and contractual services required by the City. The Director of Procurement shall obtain advice and assistance from personnel of using agencies in the development of specifications. All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the City's needs and shall not be unduly restrictive. Specifications and scope of work prepared by non-City personnel, including, but not limited to, those prepared by architects, engineers, and designers, shall be provided to the Director of Procurement who has the authority to edit specifications as necessary to make them less restrictive and r...

§ 2-428 through § 2-442. (Reserved)

[ Ord. No. 10376 , 12-15-2016 ]

Ch 2 Art VI Div 4 Informal Procurement Procedures

§ 2-443 When allowed; requirements.

[ Ord. No. 10376 , 12-15-2016 ] All procurements of supplies and contractual services for the estimated value of $15,000 or less but in excess of the estimated value of $1,500 shall be made upon the basis of at least three written bids from three prospective suppliers, wherever possible. If a lesser number of bids are received, the Director of Procurement will certify the attempt to obtain three bids. If the Director of Procurement believes, after receipt of less than three bids, re-solicitation may cause excessive delay, public inconvenience and/or a significant cost penalty, this section's provisions may be waived. Additionally, the Director of Procurement may advertise, fax, e-mail or mail solicitation notices as is customary within the public procurem...

§ 2-444 Subdivision of contract to evade requirements prohibited.

[ Ord. No. 10376 , 12-15-2016 ] No contract or procurement shall be subdivided to avoid the requirements of this division. The value for said contract or procurement shall adhere to this section cumulatively in one fiscal year.