(A)   Procedures for sealed bidding.
      (1)   The agency, department or person requiring supplies, services or construction shall submit to the Mayor a request containing specifications and quantities desired.
      (2)   The Mayor shall place an advertisement in the newspaper of largest paid circulation in the county at least once not less than seven nor more than 21 days before bid opening. The advertisement shall include:
         (a)   The time and place the bids will be opened;
         (b)   The time and place where specifications may be obtained; and
         (c)   The basis for bid award (either the lowest bid price, or the lowest evaluated bid price).
      (3)   The Mayor shall open all bids publicly at the time and place stated in the advertisement, and shall select:
         (a)   The lowest bid price; or
         (b)   The lowest evaluated bid price, based on the criteria set forth in the invitation for bids.
      (4)   The Mayor shall submit the bid selected to the legislative body for approval and thereafter shall notify all bidders of the award.
      (5)   The Mayor shall sign contract, if one is used, or the contract may become effective as otherwise provided in the Kentucky Revised Statutes.
      (6)   When items are delivered, the invoice shall be placed in a file by vendor name.
      (7)   The Mayor or his or her designee officer shall enter the amount of the expenditure in the disbursement ledger.
   (B)   Procedures for determination of qualifications of bidders. The contractors who have demonstrated by past performance the ability to perform in a satisfactory manner in accordance with other awarded contracts on a timely basis, and have shown a sound financial structure, shall be qualified as responsible.
   (C)   Procedure prerequisite to use of negotiated process.
      (1)   The non-competitive negotiated process may be used instead of advertisement when the amount exceeds $20,000.00, in the following circumstances:
         (a)   An emergency exists;
         (b)   The contract is for professional services;
         (c)   All bids received exceed the amount-budgeted;
         (d)   All bids received are unresponsive;
         (e)   No bids are received at all;
         (f)   There exists only a single provider of the product or service; or
         (g)   Purchase involves perishable items.
      (2)   Before an emergency is declared the Mayor shall determine whether or not the delay in obtaining bids will result in danger to health, safety or property, and submit such determination to the Chief Financial Officer.
      (3)   The Mayor shall certify the existence of an emergency and file a copy of such certificate with the Chief Financial Officer of the city.
      (4)   A professional service is one performed by a licensed professional and an activity for which the license is required provided, however, that this provision shall not apply to architects or engineers providing construction management rather than professional architect or engineer services.
      (5)   In the event all bids submitted are in excess of funds available, the Mayor shall prepare a written determination that:
         (a)   There are no additional funds available so as to permit an award to the responsible bidder with lowest bid or the lowest evaluated bid; and
         (b)   Delay in advertising for additional bids is not in the best interest of the city.
   (D)   Procedures for negotiated process.
      (1)   When the prerequisites have been met for use of the negotiated process, the Mayor shall proceed to negotiate with one or more suppliers in order to obtain the most advantageous terms for the city.
      (2)   The Mayor shall prepare a record of all negotiated contracts showing the items and quantities acquired, name the suppliers, cost and date of contract.
      (3)   Professional services shall be negotiated with such person or firm as are properly licensed to perform such services and shall be limited to those services to which the license applies.
      (4)   Where more than one bid was received and all were in excess of the amount available, the lowest three bidders (or lowest two bidders if only two bids were received) shall be notified that the city desires to negotiate a contract for a lesser amount. A request for proposals, based on revised quantities or specifications, may be issued with a time limit set for submission of new proposals.
      (5)   The Mayor shall examine the proposal received and shall negotiate with the suppliers for the terms most advantageous to the city.
      (6)   The best negotiated proposal shall be submitted to the legislative body for approval and award.
      (7)   The Mayor shall notify all persons submitting a proposal that the award had been made.
   (E)   Small purchase procedures.
      (1)   The Mayor or his or her designee and each official or department head shall determine:
         (a)   The need for any item requested;
         (b)   Whether or not the contract is for less than $20,000.00; and
         (c)   The expenditure is provided for in the current budget.
      (2)   The Mayor or his or her designee shall enter the actual amount of the expenditure in the ledger.
(Ord. 10-09-1, passed 10-12-09) Penalty, see § 33.99