(a) Definitions. "Commodities" means supplies, materials, equipment, contractual services and any other article or thing used by or furnished to the City or any of its departments or agencies, including printing and other similar services.
(b) Powers and Duties of Mayor. The Mayor, acting by and with the advice and consent of Council, except as hereinafter provided, shall direct and supervise the purchasing for the City, and he shall have the power and duty to purchase or contract, in the name of the City, for the commodities required for the operation of the City.
(Passed 6-24-78.)
(c) Competitive Bids. The purchase of and contract for commodities shall be based whenever possible on competitive bids; and the Mayor shall solicit sealed bids for the purchase of commodities and services that are estimated to exceed four thousand dollars ($4,000.00), such sealed bids to be solicited either by advertising therefore or by sending requests by mail, fax or e-mail to responsible suppliers and contractors. In the case of bids solicited by advertising, the advertisement for such bids shall set forth the services or commodities desired and the date and time for the submission of bids. All sealed bids shall be opened at a regular or special Council meeting and Council may on proper motion, either at such meeting or a subsequent meeting, reject all bids or award such purchase contract. Any written contract entered into by the City for the purchase of commodities or services shall be approved by Council and then executed for and on behalf of the City by the Mayor and the City Clerk.
(Ord. 363. Passed 11-21-11.)
(d) The Mayor may make a purchase of materials, supplies or services on the open market without prior approval of Council when such purchase or service does not exceed the sum of four thousand dollars ($4,000.00). Where any purchase does exceed the sum of four thousand dollars ($4,000.00), the Mayor must present such purchase to Council for approval.
(Ord. 362. Passed 12-5-11.)
(e) Awards to Bidders. All purchases of commodities and contractural services shall be awarded to the lowest responsible bidder taking into consideration the articles to be supplied, their conformity with the specifications and the use for which the article is intended, and their suitability to the requirements of the Municipal government and the delivery or performance terms. Any or all bids may be rejected. If all bids received on a pending request for commodities or services will have the same unit price or total amount, Council shall have authority to reject all bids and to direct the Mayor to purchase the required commodities or services on the open market if the price paid does not exceed the bid prices. Each bid, with the name of the bidder, shall be entered on the minutes of Council meeting and the successful bidder, if an award is made, shall be so designated. If all bids are refused, this likewise shall be set forth in the minutes of the meeting.
(f) Emergency Purchases on Open Market. The Mayor is hereby authorized to purchase on the open market commodities or services for immediate delivery to meet bona fide emergencies arising from unforeseen causes or acts of God. A report of any such purchase or contract, together with a record of the competitive bids upon which it was based, if any, shall be submitted by the Mayor to Council at the next regular or special meeting thereof, together with a full accounting of the circumstances of the emergency. Such report by the Mayor shall be entered on the minutes.
(g) Purchases from Federal and State Governments. Notwithstanding any other provisions of this section, the Mayor may, upon the recommendation of Council, purchase from the government of the United States or the State commodities, equipment or services by tendering aids therefor.
(h) Disposition of Surplus Commodities. With the consent of Council, the Mayor shall have the duty and power to make disposition of commodities now owned or in the future acquired by the City when any such commodities are or shall become obsolete, unusable or unused, or in need of replacement. The Mayor shall dispose of such commodities in the manner he deems most advantageous to the City:
(1) By trading in such commodities as a part payment of the purchase of new commodities;
(2) By sale thereof to the highest bidder at public auction; or
(3) By sealed bids after first having advertised the time, terms and place of such sale once a week for two successive weeks in a newspaper of general circulation in the municipal area:
The Mayor shall have the authority to sell to the highest bidder or to any one or more of the highest bidders if there be more than one, or if in his opinion the best interest of the City will be served to reject all bids. The proceeds of such sale or sales shall be deposited in the City treasury to the credit of the fund or funds out of which the purchase of the particular commodity was made, on a pro rata basis.
(i) Financial Interest. Neither the Mayor, the City Clerk nor any member of Council shall have any beneficial personal interest, directly or indirectly in the purchase of any commodities now in any firm, corporation or partnership furnishing them. No member of Council, the Mayor or City Clerk shall accept or receive from any person, firm or corporation to who a contract may be awarded, by a rebate, gift or otherwise, any money or other thing of value whatsoever nor any promise, obligation or contract for future reward. This subsection shall not preclude the award to a bidder when such bidder is the lowest responsible bidder in the opinion of Council, and a member of the Council or the City Clerk is in fact a bona fide employee of such bidder. Any person who violates this subsection shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).
(Passed 6-24-68.)
(j) No donations to any charitable or civil organizations may be made without an affirmative vote of Council. (Ord. 322. Passed 5-19-08.)