Chapter 2-40 PURCHASING AGENT

There is created the office of purchasing agent. The purchasing agent shall be appointed by the mayor and shall serve at the pleasure of the mayor. (Ord. 2910 § 1 (part), 1995)

2-40-020 Powers and duties.

The purchasing agent shall have the following powers and duties:

A. To exercise the powers granted under this chapter with respect to open market purchases and emergency purchases;

B. To purchase or to approve the purchase, on behalf of all departments of the city government, such supplies and materials as may be necessary for the proper functioning of the departments of the government;

C. To distribute or cause to be distributed, to the various departments of the city government, such supplies, materials or equipment, as may be purchased;

D. To transfer materials, supplies and equipment to or between the various departments of the government as may be necessary for the efficient operation of each department;

E. To recommend to the mayor that the city trade in, sell or dispose of such materials, supplies, or equipment as may become surplus, obsolete or unusable and when authorized by the city council to dispose of such property, to advertise for the sale or disposal of such property in a manner calculated to produce the maximum revenue for the city;

F. To control inventories of all materials, supplies and equipment of common usage which are anticipated to be needed during any fiscal year by the various departments of the city and to purchase such items of common usage in advance of anticipated need where savings to the city may result;

G. To assume such related activities as the mayor or the city council may from time to time delegate.

H. To promulgate rules and regulations regarding the bidding process, bid assessment or evaluation and qualification or disqualification of bidders participating in the bidding process. Such rules and regulations shall become effective upon approval by the city council. (Ord. 2910 § 1 (part), 1995)

2-40-030 Purchasing agent may hold other city employment.

The purchasing agent of the city may hold other employment with the city or fill some other position within the city government and perform the duties of such employment as may be necessary. In the event that the purchasing agent holds other employment with the city, the purchasing agent shall only be entitled to one salary as may be provided for in the annual appropriation ordinance. (Ord. 2910 § 1 (Part), 1995)

2-40-040 Certification of payments.

The purchasing agent shall review all bills for supplies, materials, services and labor furnished upon purchase orders issued by him and shall certify to their correctness as to prices, extensions, totals and conformity to contract or purchase order. The comptroller shall not pay any bill unless the purchasing agent has certified the requisition. (Ord. 2910 § 1 (part), 1995)

Article II. Purchasing Procedures

2-40-050 Competitive bidding required.

A. Any work or public improvement which is not to be paid for in whole or in part by special assessment or special taxation shall be constructed by contract let to the lowest responsible bidder after advertisement, where the cost of the work or public improvement exceeds ten thousand dollars ($10,000.00). Nothing in this section shall apply to any contract by the city with the federal government or any agency thereof.

B. All purchases, orders or contracts for supplies, materials, equipment or contractual services, except as otherwise provided herein, when the estimated cost thereof shall exceed three thousand dollars ($3,000.00) shall be purchased from the lowest responsible bidder, after advertisement for bids, unless bidding is waived by two-thirds of the corporate authorities. (Ord. 2910 § 1 (part), 1995)

2-40-060 Contracts not requiring competitive bids.

Contracts which by their nature are not adapted to award by competitive bidding, such as, but not limited to, contracts for professional services, contracts for supplies, materials parts or equipment which are available only from a single source, and contracts for utility service shall not be subject to the competitive bidding requirements of this chapter. (Ord. 2910 § 1 (part), 1995)

2-40-070 Emergency contracts.

In the case of an emergency affecting the public health or safety, so declared by the corporate authorities of the city at a meeting thereof duly convened, which declaration shall require a majority vote of the corporate authorities then holding office and shall set forth the nature of the danger to the public health or safety, contracts may be let to the extent necessary to resolve such emergency without public advertisement. After having made such a declaration, the city shall be empowered to purchase on the open market such materials, equipment and supplies at the lowest obtainable price regardless of the amount of expenditure. (Ord. 2910 § 1 (part), 1995)

2-40-080 Open market purchases.

All work and public improvements of less than ten thousand dollars ($10,000.00) and all purchases of supplies, materials and services of less than the estimated value of three thousand dollars ($3,000.00) shall be made in the open market without newspaper advertisement and without observing the procedures prescribed by this chapter. No work or public improvement in excess of ten thousand dollars ($10,000.00) and no purchases of supplies, materials and services in excess of three thousand dollars ($3,000.00) shall be split into parts by the purchasing agent or the requisitioning department so as to produce requisitions of such amount as to avoid the competitive bidding requirements of this chapter. (Ord. 2910 § 1 (part), 1995)

2-40-090 Departmental requisitions.

The responsible head of each major department shall certify in writing to the purchasing agent the names of such officers or employees who shall be exclusively authorized to sign requests for purchases for such department and all requests for purchases for such department shall be void unless executed by such certified officers or employees and approved by the purchasing agent and the chief administrative officer. (Ord. 2910 § 1 (part), 1995)

2-40-100 Professional services contracts.

The term “professional services contract” as used in this chapter means contracts for professional services such as attorneys, engineers, real estate appraisers, claims management, architects, auditors and any such other profession whose work involves a high degree of professional skill where the ability or fitness of the individual plays an important part. (Ord. 2910 § 1 (part), 1995)

Article III. Competitive Bidding Procedures

2-40-110 Advertisement for bids.

The purchasing agent shall be authorized to advertise for bids by publishing notice of the solicitation at least three times in a newspaper of general circulation within the city. The city shall also advertise all pending work or purchases by posting a notice on the public bulletin board in the city hall. The purchasing agent may also send bid packages to prospective bidders who may wish to respond to the advertisement. (Ord. 2910 § 1 (part), 1995)

2-40-120 Bid deposits.

Where deemed necessary by the city council, the advertisement for bids shall prescribe a bid deposit requirement. Unsuccessful bidders shall be entitled to the return of their bid deposits upon award of the contract by the city. A successful bidder shall forfeit any bid deposit required by the city upon failure on his part to enter into a contract within ten days after the award. (Ord. 2910 § 1 (part), 1995)

2-40-130 Opening of sealed bids.

All bids shall be submitted sealed to the city clerk and shall be identified as sealed bids on the outside of the envelope in a prominent place. Bids shall be opened in public at a city council meeting at the time and place stated in the public notice. Upon opening, bids shall be referred to the appropriate department for tabulation and recommendation to the city council. (Ord. 2910 § 1 (part), 1995)

2-40-140 Rejection of bids.

The city shall have the authority to reject all bids or parts of all bids when the public interest will be served thereby. (Ord. 2910 § 1 (part), 1995)

2-40-150 Determination of lowest responsible bidder.

Contracts shall be awarded to the lowest responsible bidder on the basis of the bid that is in the best interests of the city to accept. In making the determination of the lowest responsible bidder, the following factors shall be considered in addition to price:

A. The ability, capacity and skill of the bidder to perform the contract to provide the service required;

B. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

C. The character, integrity, reputation, judgment, experience and efficiency of the bidder,

D. The quality of the performance of previous contracts or services;

E. The previous and existing compliance by the bidder with the laws and ordinances relating to the contract or service;

F. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

G. The quality, availability and adaptability of the supplies or contractual services to the particular use required;

H. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

I. The number and scope of conditions attached to the bid;

J. Whether the bidder is a local business or will create local jobs benefitting the local economy;

K. Whether the bidder is a minority or female business enterprise. (Ord. 2910 § 1 (part), 1995)

2-40-160 Bidder in default to city.

The city shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the city. (Ord. 2910 § 1 (part), 1995)

2-40-170 Preparation of bid specifications by city engineer.

All specifications pertaining to the construction, alteration, rehabilitation or repair of any real property or the construction of any public street, curb or gutter, shall be prepared by the city engineer and shall become a part of the purchase order or contract entered into for such improvement. (Ord. 2910 § 1 (part), 1995)

2-40-180 Requirements contracts.

The city may advertise for parts and supplies to meet its requirements on an annual basis pursuant to standard bid specifications approved by the city council. (Ord. 2910 § 1 (part), 1995)

2-40-190 Execution of contracts and bonds.

All contracts and bonds shall be taken in the name of, and run to, the city. No contract shall be binding upon the city, nor shall any work contracted for be commenced, or any materials or supplies be delivered thereunder until the contract, in the requisite number of copies, has been duly executed. Of every contract, one executed copy shall be filed and kept in the office of the purchasing agent, one in the office of the city clerk, one in the office of the city comptroller and one shall be given to the contractor. A purchase order duly executed by all parties may constitute the contract required under this section for purchases of materials and supplies. (Ord. 2910 § 1 (part), 1995)

2-40-200 Contracts must designate fund for payment.

Every contract shall specify the fund from which the obligation of the city is to be paid. (Ord. 2910 § 1 (part), 1995)