(A) Generally, all procurement in excess of two hundred dollars ($200) will be memorialized and supported by a written contract. Where it is feasible or impractical to prepare a contract, a written finding to this effect will be prepared and some form of documentation regarding the transaction will also be prepared. The contractual provisions required by OMB Circular A-102, attachment “O” will be included in all required contracts.
(B) The city may employ and utilize all legally recognized forms and types of contracts and agreements for the procurement of goods, services, and materials, including, but not limited to, contracts and agreements recognized under the Uniform Commercial Code, common-law or statute. In addition, the city may employ and utilize all legally recognized forms and types of contracts and agreements for the procurement of goods, services, and materials not specifically prohibited by law.
(C) In accordance with KRS 65.025, the city may utilize the “design-build” method for capital construction projects whereby one (1) entity performs both architectural/engineering and construction under one (1) single contract. When the city employs the “design-build” system, the city shall follow the “best value” contracting principles set out in KRS 65.025(1). The city will comply with KRS 65.025(1)(e) which provides that: “‘best value’ means a procurement in which the decision is based on the primary objective of meeting the specific business requirements and the best interests of the local government. These decisions shall be based on objective and quantifiable criteria that shall include price and that have been communicated to the offerors as set forth in the invitations for bids or request for proposals. Every invitation for bids or request for proposals shall provide that an item equal to that named or described in the specifications may be furnished. The specification may identify a sole brand in cases where, in the written opinion of the City Council, documented unique and valid conditions require compatibility, continuity, or conformity with established standards. An item shall be considered equal to the item named or described if, in the opinion of the owner and the design professional responsible for the specifications.”
(1) It is at least equal in quality, durability, appearance, strength, design, and other criteria deemed appropriate;
(2) It will perform at least equally the function imposed by the general design for the public work being contracted for or the material being purchased; and
(3) It conforms substantially to the detailed requirements for the item on the specifications.
(D) No person, business, company, entity or organization that employs, hires, retains or contracts with a person, business, company, entity or organization that employs, hires or retains a person not lawfully authorized to work in the United States of America shall provide goods, services, materials or labor in connection with any contract or agreement with the city.
(E) The city, in procuring goods, services, materials, or labor, when feasible, shall give preference to persons, businesses, companies, entities or organizations that manufacture materials and goods in the United States of America.
(Ord. 15-2010, passed 12-14-10)