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The Agent shall prepare rules concerning purchasing, the necessary forms therefor and a "Purchasing Manual". Copies of said Manual shall be issued to all departments of the City, to the members of the Council and to the Manager. Said rules, forms and Manual shall be in effect, except as and when amended by the majority vote of the Council.
(Ord. 362. Passed 3-1-94.)
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.
In addition:
(a) Formal sealed bids shall be obtained in all transactions involving the expenditure of two thousand and one dollars ($2,001) or more (or such other amount which may be established by the Council by resolution).
(b) When other considerations are equal, contracts shall be awarded to local vendors.
(c) If the lowest competent bids are for the same amount, the Agent shall negotiate with the low bidders for a reduced bid and shall make or recommend the purchase which shall appear to be to the advantage of the City.
(d) 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 and the product or material contracted for is not competitive in nature and/or no advantage to the City would result from requiring competitive bidding and the Council by resolution authorizes execution of a contract without competitive bidding.
(1) In the employment of professional services.
(2) Where the City elects to use City forces for work suitable for contracting, provided such work is authorized by the Council.
(Ord. 362. Passed 3-1-94.)
Purchases of supplies, materials or equipment, the cost of which is less than two thousand and one dollars ($2,001) (or such other amount which may be established by the Council by resolution) may be made in the open market by the Agent, but such purchase shall be based on competitive prices and shall be awarded to the lowest competent bidder, except as otherwise provided herein.
(a) The Agent may solicit prices verbally, by telephone or by written communication; provided that where bids are solicited by written communication, a copy of such request for bids shall be posted in the City Hall.
(b) In determining the competency of a bidder the Agent shall be guided by his or her judgment of the ability of the bidder to provide the required material or services in compliance with the specifications set forth. 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 and filed with the purchase order; provided, that when the amount of the transaction shall be one thousand dollars ($1,000) 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.
(Ord. 362. Passed 3-1-94.)
Any expenditure for supplies, materials, equipment, construction projects or contracts obligating the City, where the amount of the City obligation is in excess of two thousand and one dollars ($2,001) (or such other amount which may be established by the Council by resolution) must be approved by the Council.
(a) Sealed bids shall be requested by the Agent by mailing a copy of the specifications or requirements to such qualified vendors as may be known to him or her, and by posting a copy of the request in the City Hall.
(b) 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 a certified or cashiers check or bond written by a surety company authorized to do business in Michigan.
(c) Bids shall be opened in public at the time and place designated in the notice requesting bids. Bids shall be opened by or in the presence of the Agent and at least one other City employee. Immediately following opening the bids shall be examined, tabulated, and made available for inspection.
(d) The full tabulation of all bids shall be submitted to the meeting of the Council next following the opening of said bids, together with the recommendation of the Agent. The Council in its discretion shall accept the lower bid, reject all bids, or determine the low bid to be unsatisfactory and make the award to the lowest competent bidder.
(e) After the opening of the submitted bids, such bids may not be withdrawn without forfeiture of the bid deposit. Deposits of security accompanying the three 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
(f) contract awarded to him or her within ten days after being notified of such an award, or to file any bond required within the same time, the deposit accompanying his or her 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 or she shall file a bond executed by a surety company authorized to do business in the State of Michigan, 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. Said contract shall also file evidence of public liability 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 or her employee.
(h) (Ord. 362. Passed 3-1-94.)
(a) No contract or purchase shall be subdivided to avoid the requirements of this chapter.
(b) The Agent and every officer and employee of the City are expressly prohibited from accepting directly or indirectly, from any person, company, firm, or corporation doing business or contemplating doing business with the City, any rebate, gift, money or anything of value.
(c) (Ord. 362. Passed 3-1-94.)
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