(A) (1) (a) The Mayor may order the expenditure of funds for purchase of items included within a budget classification, which classification has been previously budgeted and for which funds have been allocated by the Council, in any amount up to and including $5,000 without taking competitive bids therefor.
(b) Purchases of such budgeted items in excess of $5,000, but not in excess of $10,000 shall not be made except following the taking of competitive bids therefor; however, the Mayor shall not be obligated to accept the lowest bid, or any bid, but may accept the bid which is in the judgment of the Mayor the lowest responsible bid most capable of satisfying the needs of the city.
(c) Purchases of such budgeted items in excess of $10,000 shall be made only after sealed competitive bids are received by the Mayor; however, the Mayor shall not be obligated to accept the lowest bid, or any bid, but may accept the bid which is in the judgment of the Mayor the lowest responsible bid most capable of satisfying the needs of the city.
(d) Notwithstanding the requirements for competitive bids contained in sub-paragraphs (b) and (c) above, such goods or services, previously budgeted and for which funds have been allocated by the Council may instead be purchased by way of a cooperative purchasing process with other governmental units or agencies such as (by way of example) MiDeal, GSA, or National Joint Powers Alliance (NJPA).
(2) Award to other than the low bidder. From the bidders so determined to be responsible, the Mayor shall award the contract to the lowest such bidder; provided, that in determining the lowest bid, the Mayor shall consider the bonafide business location of the bidder. If the lowest responsible bidder is not located within the city limits of Burton, and the lowest bid of the responsible bidders located within the city limits of Burton does not exceed that of the lowest non-local bidder by more than 5%, then the Mayor may determine the lowest local bidder to be the lowest responsible bidder, and make the award to such local bidder accordingly, subject to the approval of the City Council.
(3) In those instances when sealed competitive bids are required by the terms of this ordinance, the President of the City Council or his or her designee or alternate designee, shall be notified at least 24 hours in advance of the date, time and place of the opening of the sealed competitive bids received. The Mayor or the Mayor’s designee shall open the sealed bids at the designated time and place, irrespective of whether or not any member of the City Council is present for the opening.
(4) At the time the Mayor submits a resolution authorizing the expenditure of funds to the Council for consideration, a summary of the competitive bidding process, including the bids and bid tabulation sheets, will accompany the resolution along with a copy of the proposed contract. The proposed contract shall include the details of any required insurance and bonding but the actual insurance certificates or bonds need not be attached.
(5) In the case where the particular item required by the city is only supplied by 1 known supplier, or in the case of an emergency requiring immediate purchase of an item, no bids shall be necessary.
(B) Whenever competitive bids shall be required by the terms of this ordinance, the Mayor may select the method and procedure for taking bids as shall in his or her best judgment encourage bonafide bidding by suppliers of the product or service.
(1) The Mayor or his or her designee shall place a synopsis of a request for bids on the official City of Burton website for all goods and services exceeding $10,000 which the city seeks to purchase.
(2) The requirement that purchases in excess of $5,000 but less than $10,000 be made only after competitive bids therefor are received shall not apply to those goods and services which may be purchased by way of a cooperative purchasing process with other governmental units or agencies such as MiDeal or GSA. Further, such purchases of goods and services at cooperative pre-bid pricing are also exempt from competitive bidding requirements provided the vendors are properly registered with the city.
(C) (1) All persons wishing to bid on any contract with the City of Burton, shall be registered as a vendor with the city. Registration may be completed online or by obtaining the necessary forms at the Burton City Hall, and by paying the registration fee which is hereby established at $25 per year, which fee may be amended from time to time by resolution of the City Council.
(2) No contract shall be made with any person who is in default to the city.
(3) No contract shall be made with any officer or employee of the city unless the officer or employee has fully complied with the requirements of Section 11.4 of the Charter.
(D) Contracts authorized by Council shall be signed by the Mayor and the Clerk within 10 days of Council approval provided all of the insurance and bonding requirements have been met.