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The intent of this chapter is to establish procedures which are in conformance with the Kentucky Model Procurement Code, KRS 45A.345 through 45A.460. It is the intent of the city to comply with the letter and spirit of the statute in making all contracts and purchases whether or not each requirement of the statute is specifically referred to in this chapter.
(Ord. 2022-02, passed 5-10-2022)
(A) All purchases during a year should be made within the general guidelines of the city budget. No city purchase commitment should be made, verbal or written, by anyone, unless the appropriate procedures outlined herein have been followed.
(B) These regulations are divided into two categories, small purchase procedures and large purchase procedures.
(C) Supplies, services, or construction normally supplied as a unit cannot be artificially divided for the sole purpose of using small purchase procedures.
(D) Small purchases may still require Mayoral and/or Council approval based on budgetary considerations and/or constraints.
(E) In the event it cannot be determined within a reasonable certainty as to whether a purchase can be categorized as a small purchase or large purchase, the large purchase procedures outlined herein shall be followed. Furthermore, in the event small purchase procedures are followed and the information/ quotes received from vendors establishes that the amounts/costs are in excess of the amounts allowed for small purchase procedures, the small purchase procedures utilized shall immediately be terminated, informing any applicable vendors of the same, and the procedures of making large purchases shall immediately be followed.
(Ord. 2022-02, passed 5-10-2022)
Statutory reference:
Small purchases, see KRS 45A.385
(A) Purchases from $0 to $ 1,000. It is the policy of the city to achieve the highest level of practical competition in all city purchases. Small purchases should be made from existing city contracts or state contracts where available and practical. If said contracts are not available, purchases should be made from the best source available based upon cost, availability, and location of the vendor.
(B) Purchases from $ 1,001 to $5,000. It is the policy of the city to achieve the highest level of practical competition in all city purchases. Purchases in this range of prices should be made from existing state contract/state approved vendors where available and practical. Notwithstanding, if state approved vendors are not utilized, purchase from amounts between $1,001 to $5,000, may be made only after three informal quotations have been received to assure maximum practicable competition. Informal quotations do not require formal specifications to be established by the city and can be given by vendors by telephone or in person. Notwithstanding, the city shall document the dates, times, and amounts of said informal quotations.
(C) Purchases from $5,001 to $29,999. It is the policy of the city to achieve the highest level of practical competition in all city purchases. Purchases in this range of prices should be made from existing state contract/state-approved vendors where available and practical. Notwithstanding, if state- approved vendors are not utilized, purchases for amounts between $5,001 to $29,999 may be made only after three written quotations have been received by the city to assure maximum practicable competition. The procedures for formal quotations shall include, but not necessarily limited to the following:
(1) The city shall develop a written description of the service or good requested into specifications.
(2) The specifications shall include whether the award will be made based on the lowest quote or best value quote.
(3) If the award is based on best value, the evaluation criteria must be clearly defined in the specifications.
(4) Establish time and date for opening of quotations.
(5) Solicit written quotations from vendors by distributing packets directly to vendors or distributing the same online (if available).
(Ord. 2022-02, passed 5-10-2022)
The city hereby adopts the Kentucky Model Procurement Code as set forth in KRS 45A.343 to 45A.460, along with any applicable amendments which the Kentucky General Assembly may adopt, said code to be incorporated in full herein by reference.
(Ord. 2022-02, passed 5-10-2022)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person who violates any provision of § 33.04 of this chapter shall be fined not less than $50, nor more than $500. In addition, any officer who fails to comply with any of the provisions of § 33.04 of this chapter shall, for each failure, be subject to a forfeiture of not less than $50, nor more than $500, in the discretion of the court, which may be recovered only once, in a civil action brought by any resident of the city. The costs of all proceedings, including a reasonable fee for the attorney of the resident bringing the action, shall be assessed against the unsuccessful party.
(KRS 91A.040) (Prior Code, § 33.04)