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DIVISION 3. PURCHASING, CONTRACTING AND SELLING PROCEDURES
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
AGENT. The Clerk, Deputy Clerk or any other officer or employee designated by the City Manager to act as purchasing agent.
CONTRACT. Includes contracts for services, subject to the exclusion mentioned in this division, and shall include any type of service, leases for grounds, buildings, offices or maintenance of equipment, machinery and other city-owned personal property.
LOWEST COMPETENT BIDDER. In determining the lowest competent bidder, and in addition to price, the purchasing agent shall consider the following, as applicable:
(1) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
(2) The ability to perform the contract or provide the service promptly, within the time specified;
(3) The character, integrity, reputation, judgement, experience, and efficiency of the bidder;
(4) The quality of performance of previous contracts or services;
(5) The compliance by the bidder with laws and ordinances related to the contract or service;
(6) Demonstration of financial resources sufficient to perform the contract or service;
(7) Quality and availability of the supplies or services;
(8) Ability of the bidder to provide future maintenance and service; and/or
(9) The number and scope of conditions of the bid.
(1993 Code, § 2-176) (Ord. 2022-07, passed 11-10-2022)
Charter reference:
City contracts, see Chapter 15
Cross-reference:
Definitions and rules of construction generally, see § 1-2
The purchasing agent shall prepare rules concerning purchasing, the necessary forms therefor and a purchasing manual. Copies of the manual shall be issued to all departments of the city, to the members of the Council and to the Manager. The rules, forms and manual shall be in effect, except as and when amended by the majority vote of the Council.
(1993 Code, § 2-177)
(A) Competitive prices for all purchases and public improvements shall be obtained and the purchase made from or the contract awarded to the lowest competent bidder.
(B) Formal sealed bids shall be obtained in all transactions involving the expenditure of $10,000 or more or such other amount which may be established by the Council by resolution.
(C) When other considerations are equal, contracts shall be awarded to local vendors.
(D) If the lowest competent bids are for the same amount, the purchasing agent shall negotiate with the low bidders for a reduced bid and shall make or recommend purchase which shall appear to be to the advantage of the city.
(E) Competitive bidding may not be required in the following cases:
(1) Where the subject of the contract is other than a public work or improvement; the product, material, or services contracted for is not competitive in nature or no advantage to the city would result from requiring competitive bidding; and the Council authorizes execution of a contract without competitive bidding;
(2) Where the city elects to do, with city forces, work suitable for contracting, provided such work is authorized by the Council;
(3) In purchasing any type of insurance coverage.
(1993 Code, § 2-178) (Ord. 2022-07, passed 11-10-2022)
(A) Purchases of supplies, materials, services, or equipment, the cost of which is less than $10,000 or such other amount which may be established by the Council by resolution, may be made in the open market by the purchasing agent, but such purchase shall be based on competitive prices and shall be awarded to the lowest competent bidder, except as otherwise provided in this section.
(B) The agent shall solicit prices in accordance with the city's Purchasing Manual.
(C) If the purchase is not made from the lowest bidder, a statement of the reasons for placing the order with a higher bidder shall be prepared by the agent, provided that when the amount of the transaction shall be $2,500 or more or such other amount which may be established by the Council by resolution, the agent shall report such purchase to the Council with a copy of the required statement.
(1993 Code, § 2-179) (Am. Ord. passed 12-27- 2004; Am. Ord. 2022-07, passed 11-10-2022)
(A) Any expenditure for supplies, materials, services, equipment, construction projects or contracts obligating the city, where the amount of the city obligation is in excess of $10,000 or such other amount which may be established by the Council by resolution, must be approved by the Council.
(B) Sealed bids shall be requested by the purchasing agent by electronically noticing the request, mailing a copy of the specifications or requirements to such qualified vendors as may be known, and by posting a copy of the request in the City Hall.
(C) Unless fixed by the Council, the agent with the concurrence of the Manager shall prescribe the amount of any security to be deposited with any bid and, in the case of construction contracts, the amount of labor and material or performance bonds to be required of the successful bidder. Such security shall be in the form of certified or cashier’s check or bond written by a surety company authorized to do business in the state.
(D) Bids shall be opened in public at the time and place designated in the notice requesting bids. Bids shall be opened in the presence of the agent and at least 1 other city employee. Immediately following the opening, the bids shall be examined, tabulated and made available for inspection.
(E) The full tabulation of all bids shall be submitted to the meeting of the Council next following the opening of bids, together with the recommendation of the agent, department head or City Manager. The Council in its discretion may accept the low bid, reject all bids or determine the low bid to be unsatisfactory and make the award to the lowest competent bidder.
(F) After the opening of the submitted bids, such bids may not be withdrawn without forfeiture of the bid deposit. Deposits of security accompanying the 3 low bids shall be retained until the contract is awarded and signed, other deposits shall be returned to the unsuccessful bidders immediately after the bids have been tabulated. If any successful bidder fails or refuses to enter into the contract awarded to him within 10 days after being notified of such an award or file any bond required within the same time, the deposit accompanying his bid shall be forfeited to the city, and the Council may, in its discretion, award the contract to the next lowest bidder or readvertise the project.
(G) At the time the contract of a construction project is executed by the contractor, he shall file a bond executed by a surety company authorized to do business in the state, assuring payment of all just debts incurred in the performance of the contract, including wages and material bills, and shall file a performance bond when one is required in the bid specification. The contractor shall also file evidence of public liability insurance and workers’ compensation insurance in an amount satisfactory to the Manager and shall also protect the city from loss or damage caused to any person or property by reason of negligence of the contractor or his employees.
(H) The Council shall reserve the right to accept or reject any or all bids as submitted if in the Council’s discretion such action would be in the best interests of the city.
(1993 Code, § 2-180) (Ord. 2022-07, passed 11-10-2022)
(A) No contract or purchase shall be subdivided to avoid the requirements of this division.
(B) The purchasing agent and every officer and employee of the city are expressly prohibited from accepting, directly or indirectly, from any person doing business or contemplating doing business with the city, any rebate, gift, money or anything of value.
(1993 Code, § 2-181)
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