CHAPTER 10
PURCHASING Revised 2/23
Sections:
2-10-201 Purposes. Revised 2/23
2-10-202 Scope. Revised 2/23
2-10-203 Definitions. Revised 2/23
2-10-204 General Powers. Revised 2/23
2-10-205 Authority and Duties of Purchasing Agent. Revised 2/23
2-10-206 Purchase Approval – Procurement Procedures Generally. Revised 2/23
2-10-207 Evaluation and Procedure in Competitive Procurement Processes. Revised 2/23
2-10-208 Construction Projects. Revised 2/23
2-10-209 Contracting for Designated Professional Services. Revised 2/23
2-10-210 Public Announcement and Selection Process for Architectural and Engineering Services. Revised 2/23
2-10-211 Exceptions to Procurement Process. Revised 2/23
2-10-212 Appeals. Revised 2/23
2-10-213 Relief Due to Computation Error. Revised 2/23
2-10-214 Contract Change Orders. Revised 2/23
2-10-215 Performance and Bid Bonds. Revised 2/23
2-10-216 Records Maintained. Revised 2/23
2-10-217 No Collusion. Revised 2/23
2-10-218 Ineligibility. Revised 2/23
2-10-219 Personal Purchases. Revised 2/23
2-10-220 Cost Plus Percentage of Cost Contract Prohibited – Exception. Revised 2/23
2-10-221 Sales of Goods or Services to City by Officials or Employees. Revised 2/23
2-10-222 Participation by Bidder Who Supplies Specifications. Revised 2/23
2-10-223 Period of Time for Contract of Supplies or Services. Revised 2/23
2-10-224 Failure to Comply. Revised 2/23
2-10-201 Purposes. Revised 2/23
(1) The purposes of this Chapter are:
(a) To encourage an economic and efficient procurement process for the City;
(b) To encourage fair and competitive bidding in the City’s procurement process;
(c) To facilitate the procurement of the highest quality services, products, and construction at the most reasonable and responsible cost to the City;
(d) To provide fair treatment of persons or entities who conduct business, or wish to conduct business, with the City; and
(e) To provide for more transparency in the expenditure of City funds.
(2) Nothing in this Chapter shall create any right, interest, or cause of action against the City, its officers, agents, or employees. The City’s failure to follow any provision of this Chapter shall not invalidate any particular procurement; provided, that the purposes of this Chapter have been substantially achieved.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-202 Scope. Revised 2/23
This Chapter governs expenditures of public monies by the City under any contract or similar business agreement, except as otherwise provided in this Chapter.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-203 Definitions. Revised 2/23
As used in this Chapter:
“Applicant” means any bidder, offeror, vendor, supplier, or proposer making a proposal.
“Competitive procurement process” means the process of procuring any goods, services, or construction through competitive, sealed proposals to requests issued by the City through its open and public process.
“Proposal” means any bid, proposal, purchase, or other offer or submission which is related to procurement by the City.
“Request” means any invitation or request for bids, proposals, offers, submissions, quotes, or qualifications.
“Small purchase” means any purchase less than $5,000.00.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-204 General Powers. Revised 2/23
The City may take any action with respect to procurement which is in the best interest of the City; provided, that any such action is consistent with the purposes contemplated by this Chapter including:
(1) Rejecting any proposal from an individual or entity which is in any position adverse to the City in any past, present, pending, threatened, or likely litigation, administrative proceeding, dispute resolution process, or similar proceeding;
(2) Rejecting any proposal that is determined by the City to be nonresponsive or that the applicant is nonresponsible pursuant to criteria established by the City in the request, this Chapter, or a relevant City policy or code;
(3) Rejecting all or a portion of any proposal when doing so would be in the City’s best interests; and provided, that any such rejection does not violate applicable laws;
(4) Waiving or modifying requirements within a particular request when doing so would be in the City’s best interests; and provided, that any such waiver or modification does not violate applicable laws; or
(5) Utilizing any lawful means of solicitation to effectively, economically, and efficiently procure services, products, and construction, including, without limitation:
(a) Requiring prequalification;
(b) Maintaining lists of prospective applicants;
(c) Procuring in phases, subject to the restrictions in Section 2-10-206(2)(a);
(d) Awarding multiple contracts, subject to the restrictions in Section 2-10-206(2)(a);
(e) Requiring multistep, sealed bidding;
(f) Utilizing any means of notification;
(g) Requiring demonstrations of competence and responsibility; and
(h) Requiring special processes to meet the particular needs of the City.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-205 Authority and Duties of Purchasing Agent. Revised 2/23
(1) Authority. The Mayor shall appoint a Purchasing Agent to fulfill the duties of this Chapter. Except as otherwise provided herein, the Purchasing Agent, or designee, shall be responsible for the procurement of supplies, services, and construction in accordance with this Chapter, as well as the management and disposal of supplies and personal property of the City.
(2) Duties. In accordance with this Chapter, and subject to the supervision of the Mayor, the Purchasing Agent, or designee, shall:
(a) Procure or supervise the procurement of all supplies, services, and construction needed by the City;
(b) Manage and supervise the procurement to ensure to the extent practicable that taxpayers receive the best supplies, services and construction for the best value;
(c) Prepare and issue standard specifications for procurement items;
(d) Sell, trade, or otherwise dispose of surplus supplies belonging to the City;
(e) Review agreements, coordinate agreement compliance, conduct agreement audits, and approve change orders, subject to approvals required by law;
(f) Correct, amend, or cancel a procurement at any stage of the procurement process if the procurement does not comply with this Chapter;
(g) After consultation with the City Attorney’s office, correct, amend or cancel an agreement at any time during the term of the agreement if the agreement does not comply with this Chapter and the Purchasing Agent determines that correcting, amending or cancelling the agreement is in the best interest of the City;
(h) Establish and maintain programs for specifications development, agreement administration, inspection and acceptance, in cooperation with the City department using the supplies, services, and construction.
(3) Operational Procedures. Consistent with this Chapter, the Purchasing Agent may adopt operational procedures relating to the execution of its duties.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-206 Purchase Approval – Procurement Procedures Generally. Revised 2/23
(1) The Purchasing Agent, or designee, shall have the authority and responsibility for all procurements on behalf of the City and to enter into any contract or similar transaction necessary to carry out the procurement as follows:
(a) Purchases, contracts, and purchase orders less than $25,000.00 may be approved and signed by the department head provided the funds for such procurement have previously been appropriated by the City Council in the acquiring department’s total budget appropriation.
(b) Purchases, contracts, and purchase orders between $25,000.00 and $100,000.00 shall be approved and signed by the Finance Director, provided the funds for such procurement have previously been appropriated by the City Council to the acquiring department’s total budget appropriation.
(c) Purchases, contracts, and purchase orders between $100,000.00 and $250,000.00 shall be approved and signed by the City Administrator, provided the funds for such procurement have previously been appropriated by the City Council to the acquiring department’s total budget appropriation.
(d) Purchases, contracts and purchase orders exceeding $250,000.00 shall be approved by the Mayor.
(e) Any procurement not covered by a previous appropriation shall require approval of the City Council and shall be signed by the Mayor.
(f) All contracts must be countersigned by the City Recorder who shall, as the custodian of the records, maintain a copy of the contract as required by State Records Law.
(2) City procurements of goods and services reasonably expected to cost less than $5,000.00 do not require the solicitation of bids or proposals. Procurements of goods and services reasonably expected to be between $5,000.00 and $50,000.00 shall require three (3) written quotes for prices from proposed vendors. Where the amount of expenditure for any procurement is reasonably likely to exceed $50,000.00, a competitive procurement process shall be utilized. The Purchasing Agent, or designee, shall issue a request for the procurement by any means which the Purchasing Agent determines to be in the best interest of the City so long as the request is consistent with Sections 11-39-101 and 11-39-103, Utah Code Annotated 1953, and any other applicable Utah Code section. The request and subsequent award of a contract, if applicable, shall conform to the requirements of this Chapter.
(a) The City shall not avoid the competitive procurement process by dividing a project into smaller projects for the purpose of bringing each part of the project below the amount where the competitive procurement process would otherwise be required. Change orders which could not have reasonably been foreseen or contemplated shall not be deemed a division of a project into smaller projects for the purpose of bringing each part of the project below the amount where the competitive procurement process would otherwise be required.
(b) When the City has the option to extend the term of a contract for additional terms, the extension shall be approved by: (i) a department head if the annual amount of the original contract was less than $25,000.00; (ii) the Finance Director if the annual amount of the original contract was between $25,000.00 and $100,000.00; and (iii) the City Administrator if the annual amount of the original contract was greater than $100,000.00.
(c) If a multi-year or automatically renewing contract is for a term of five (5) or more years, or if the contract has been automatically renewed for a period of five (5) years, the contract shall generally be subject to the competitive procurement process at the end of the then-existing term thereof. If market conditions or unique circumstances exist that result in the extension of the contract being in the best interest of the City, the Purchasing Agent may authorize additional extensions of the contract.
(d) The competitive procurement processes shall include, at a minimum, the following requirements:
(i) Notice of the request shall be made public in a manner determined by the purchasing agent to be in the City’s best interests so long as the request is consistent with Sections 11-39-101 and 11-39-103, Utah Code Annotated 1953, or any other applicable Utah Code section. The request shall state the requirements to which a prospective applicant may respond.
(ii) Proposals which are received after the time established in the request or which are otherwise incomplete or nonresponsive shall not be considered unless, at the Purchasing Agent’s discretion, consideration is otherwise allowed by the request, this Chapter, or an applicable City policy.
(iii) Proposals which are received prior to or at the time established in the request shall be opened in a manner established by the request, this Chapter, or an applicable City policy. A record of each such proposal shall be retained by the City pursuant to the Utah Municipal General Records Retention Schedule.
(iv) Each timely and responsive proposal shall be evaluated based upon the criteria established in the invitation, this Chapter, and any applicable City policy.
(v) Prospective applicants may be prequalified by any process established by the Purchasing Agent. Failure to prequalify shall not disqualify a prospective applicant from consideration with respect to any request unless otherwise provided in the request, this Chapter, or an applicable City policy.
(vi) Any contract awarded pursuant to the competitive procurement process shall be awarded to the lowest responsive and responsible applicant according to the criteria set forth in any request, this Chapter, and an applicable City policy. However, no contract shall be awarded if the proposal submitted by the lowest responsive and responsible applicant exceeds the amount which has been previously appropriated to the applicable procurement.
(vii) The City shall provide written electronic or traditional notification to each applicant of the City’s determination of the lowest responsive and responsible applicant. Upon providing such notification, the proposals received by the City shall be open for public inspection to the extent that inspection is allowed by Utah State law.
(e) A department shall fully complete and submit to the Finance Department a purchase order, on a form provided by the Finance Department, for any purchase of $5,000.00 or more.
(3) The Purchasing Agent may waive minor defects in any proposal received; provided, that doing so is in the best interest of the City.
(4) An applicant may withdraw or modify its proposal at any time until the submission deadline set forth in the request has passed.
(5) When the City selects a lowest responsive and responsible applicant and awards a contract pursuant thereto, the applicant shall enter into a written contract with the City no later than forty-five (45) days after the award of contract. The form and contents of any such contract shall include any provisions set forth in the request and shall be acceptable to the City Attorney or his or her designee. In the event that the City and the successful applicant are unable to enter into a written contract within forty-five (45) days after the award of contract, the City may rescind the award and offer the same to the next lowest responsive and responsible applicant without having to start the competitive procurement process anew.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-207 Evaluation and Procedure in Competitive Procurement Processes. Revised 2/23
(1) In addition to any evaluation criteria established in a request, the City may evaluate the following criteria when selecting the lowest responsive and responsible applicant:
(a) The applicant’s capacity to perform the applicable contractual requirements, including, but not limited to, whether the applicant has available and appropriate financial, material, equipment, facility, and personnel resources and expertise;
(b) The applicant’s legal capacity and ability to enter into an agreement with the City;
(c) The applicant’s qualifications, ability, skill, and quality of performance in light of the required goods, services, or construction;
(d) The applicant’s ability to provide warranties, maintenance, and service with respect to the subject matter of the contract to be awarded;
(e) The applicant’s character, integrity, reputation, judgment, experience, and efficiency;
(f) The applicant’s ability to work cooperatively with the City, including, but not limited to, prior interactions with the City or other similar entities;
(g) Litigation or prosecution, or other similar claims, by or against the applicant;
(h) The cost of the applicant’s proposal to the City; and
(i) Past negative City experience with the applicant.
(2) Criteria for evaluating proposals in competitive procurement processes may also be established by an applicable City policy.
(3) Unless altered by the request, the following general steps will be followed in each competitive procurement process:
(a) The City shall initially review all proposals received by the submission deadline set forth in the request to determine if any of the proposals are nonresponsive or otherwise nonconforming to the requirements set forth in the request. Any such nonresponsive or otherwise nonconforming proposal may be eliminated.
(b) The City shall next cursorily review the remaining proposals and eliminate those which, in the sole judgment of the City, fail to provide enough substantive information required to warrant further consideration.
(c) Any remaining proposals shall then be reviewed and evaluated in detail pursuant to the criteria established in the request, this Chapter, and any applicable City policy.
(4) The City may, in its sole discretion, conduct interviews or discussions with applicants to ensure a full understanding of the proposals submitted.
(5) In the event two (2) or more applicants are equal in the City’s determination of the lowest responsive and responsible applicant, the City may request each such applicant to submit an amended bid so that the City may select a single lowest responsive and responsible applicant.
(6) The City shall document the basis of selecting the lowest responsive and responsible applicant.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-208 Construction Projects. Revised 2/23
(1) Contracts for City construction projects shall comply with this Chapter as well as any applicable Federal and State law, including, but not limited to, Sections 10-7-6 through 10-7-86, and 14-1-18, Utah Code Annotated 1953.
(2) The City may utilize as many alternative methods of construction contracting and management as the City determines to be in its best interest, including, but not limited to, design-bid and design-build.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-209 Contracting for Designated Professional Services. Revised 2/23
(1) Authority. The City may procure the services of financial and legal advisors, accountants, physicians, dentists, veterinarians, information technology professionals, as defined by the laws of the State of Utah, and similar professional services, in accordance with the selection procedures specified in this Section, subject to the requirements of Section 2-10-206(2). The procurement of architectural and engineering services is exempt from this Section and is governed by Section 2-10-210.
(2) Selection Procedure.
(a) Conditions for Use. Except as provided under Section 2-10-206(2), 2-10-210, 2-10-211(1)(f) or (1)(g), the professional services designated in subsection (1) of this Section shall be procured in accordance with this subsection.
(b) Statement of Qualifications. Persons engaged in providing professional services may submit statements of qualifications and expressions of interest in providing such professional services to the Purchasing Agent. The Purchasing Agent may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement with the Purchasing Agent.
(c) Public Announcement and Form of RFP or RFQ. Adequate notice of the need for professional services shall be given by the City through an RFP or RFQ. The RFP or RFQ shall describe the professional services required, list the types of information and dates required, and state the relative importance of particular qualifications.
(d) Discussions. The City may conduct discussions with any offeror who has submitted a proposal to determine such offeror’s qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors.
(e) Award. Award shall be made to the offeror determined in writing by the City to be best qualified based on the evaluation factors set forth in the RFP or RFQ, and negotiation of compensation determined to be fair and reasonable. If compensation cannot be agreed upon with the best qualified offeror, then negotiations will be formally terminated with the selected offeror. If proposals were submitted by one (1) or more other offerors determined to be qualified, negotiations may be conducted with such other offeror or offerors, of their respective qualification ranking, and the agreement may be awarded to the offeror then ranked best qualified if the amount of compensation is determined to be fair and reasonable.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-210 Public Announcement and Selection Process for Architectural and Engineering Services. Revised 2/23
(1) Public Announcement. It is the policy of the City to announce publicly all requirements for construction contract management, architectural and engineering services that are not excluded from competitive procurement procedures through one (1) or more of the exceptions in Section 2-10-211 or do not meet the small purchase threshold and to negotiate such agreements on the basis of demonstrated competence and qualifications at fair and reasonable prices. In the procurement of architectural and engineering services, the Purchasing Agent shall request firms to submit a statement of qualifications and performance data.
(2) Selection Process. A Selection Committee composed of at least three (3) members, including the Purchasing Agent, or designee, the Director of Public Works, or designee, and the department director in need of the architectural and engineering services shall conduct discussions with no less than three (3) firms regarding the proposed agreement and the relative utility of alternative methods of approach for furnishing the required services and shall select from among them no less than three (3) of the firms deemed most qualified to provide the required services. The selection shall be made in order of preference, based on criteria established and published by the Selection Committee.
(3) Negotiation. The Purchasing Agent, or designee, or department director, or designee, shall negotiate an agreement with the firm considered to be the most qualified for architectural and engineering services at compensation which the Purchasing Agent, or designee, determines in writing to be fair and reasonable to the City. In making this decision, the Purchasing Agent, or designee, or department director, or designee, shall take into account the estimated value, the scope, the complexity, and the professional nature of the services to be rendered. Should the Purchasing Agent, or designee, or department director, or designee, be unable to negotiate a satisfactory agreement with the firm considered to be the most qualified at a price the Purchasing Agent determines to be fair and reasonable to the City, negotiations with that firm shall be formally terminated. The Purchasing Agent, or designee, or department director, or designee, shall then undertake negotiations with the second most qualified firm. Should the Purchasing Agent, or designee, or department director, or designee, be unable to negotiate an agreement at a fair and reasonable price with any of the selected firms, the Selection Committee shall select additional firms in order of their competence and qualifications, and Purchasing Agent, or designee, or department director, or designee, shall continue negotiations in accordance with this Section until an agreement is reached.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-211 Exceptions to Procurement Process. Revised 2/23
(1) The following procurements, transactions, scenarios, products, and services are not subject to the competitive procurement processes contemplated by this Chapter as approved by the Purchasing Agent:
(a) Grants, gifts, and bequests; provided, that any such transfer complies with applicable law and ethical practices and that prior to the City accepting any such transfer, the Purchasing Agent has approved the same;
(b) Superior or more suitable products; provided, that the City documents in writing how any such product significantly surpasses similar competing products in terms of quality, serviceability, or longevity, or that such product is better suited to the needs of the City to lower costs of inventory or to maintain compatibility with existing City-owned equipment;
(c) Interlocal agreements or other similar cooperative arrangements with any Federal, State, County, or other local government entity, including special service districts, school districts, and other similar entities, for the purpose of procuring goods and services via any such agreement or arrangement administered by another governmental entity; however, prior to entering into any such interlocal agreement or other similar cooperative arrangement, the City shall document in writing that the benefits of this method of procurement outweigh utilizing the competitive procurement process;
(d) State Contracts. The City may purchase supplies from the vendor who has submitted the lowest bid price (single-award contract) for such items to the State of Utah Purchasing Office at the quoted price, without any solicitation or price quotation or invitation to bid. For such purposes, the quoted price shall be deemed to be the lowest price available for such items and the City need not follow any other bidding requirements. For multiple-award State contracts, the City shall seek quotations from all multiple-award State contract holders and award the contract to the lowest responsible quote;
(e) When procurement involves the expenditure of Federal or State funds received by the City; provided, that the City’s qualifications for receiving the funds require the City to utilize procurement processes other than those contemplated by this Chapter;
(f) Emergency situations where the competitive procurement processes could not reasonably be utilized, in which case the emergency procurement shall be made with as much competition as practicable in light of the circumstances and, following the emergency procurement, the individual who made the procurement shall provide a written declaration to the Purchasing Agent detailing the procurement, including the cost of the emergency procurement, the circumstances necessitating an emergency procurement, and the procedures utilized in the emergency procurement. An emergency situation is an imminent threat to the public’s health, welfare, safety, or when there exists an imminent and substantial risk of injury or loss to property under conditions which reasonably do not permit fulfilling all the purchasing requirements in this Chapter. Before proceeding with procurement under this Section, a Purchasing Agent must notify and receive approval from the City Administrator;
(g) When products or services are reasonably available only from a single source, in which case prior to procurement the City shall document in writing the efforts that were taken to determine that the subject products or services were, in fact, reasonably available only from a single source. Examples of circumstances which may necessitate sole source procurement are:
(i) If there is only one (1) vendor or supplier who can provide the needed product or service;
(ii) If the compatibility of supplies, accessories, replacement parts, or service is the paramount consideration;
(iii) If a sole supplier’s product is needed for trial use or testing;
(iv) If the City is procuring utility services;
(v) If the City seeks to add to, repair or maintain supplies owned by the City which may be more efficiently added to, repaired or maintained by a particular person or firm;
(vi) If the City seeks supplies which, by reason of the training of City personnel or the inventory of replacement parts maintained by the City, are more compatible with the existing supplies owned by the City and if the supplies can only be acquired from a sole source;
(vii) If the purchase is executed through a day-ahead or real-time forward market where a competitive procurement process is impractical or would preclude participation in the market; and
(viii) Transitional costs are a significant consideration in selecting a procurement item; and the results of a cost-benefit analysis demonstrate that transitional costs are unreasonable or cost-prohibitive, and that the award of a contract without engaging in a standard procurement process is in the best interest of the procurement unit;
(h) When a contractor is already on site and if the Purchasing Agent determines that there is an established price for the type of work that the City needs completed and that the City can save on mobilization costs by hiring the contractor that is already in the area, then the City may negotiate with and contract directly with the contractor without following formal purchasing processes;
(i) When due to an inventory of replacement or servicing parts which is compatible with existing specific equipment used by the City, the City has a contract or multiple contracts for the continual replenishment of the inventory;
(j) When fewer than three (3) timely and responsive proposals are received by the City, in which case the Purchasing Agent may procure the goods or services from any source and in any legal manner which the Purchasing Agent determines to be in the best interests of the City;
(k) Contracts for special investigatory or similar services or supplies for the Police Department where confidentiality is necessary;
(l) Internet Auction Sites. The City may acquire supplies from Internet auction sites without following formal purchasing procedures if the City Administrator determines that there is an established market price for the supplies and that the supplies can be acquired less expensively from an Internet auction site.
(2) At the discretion of the Purchasing Agent, the City may utilize the competitive procurement process for any of the exceptions listed in subsection (1) of this section.
(3) When granting a concession in which a person makes use of City property to provide goods or services to the public, or arrangements of similar nature, the City shall make use of this Chapter to the extent determined to be practicable by the City’s Purchasing Agent in order to provide for the desired concession or arrangements on terms most beneficial to the City.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-212 Appeals. Revised 2/23
(1) An applicant may appeal an award of contract by filing a written notice of appeal with the City Recorder.
(a) The notice of appeal shall be filed by the applicant or its legal representative within ten (10) calendar days of the award of contract by the City and shall contain:
(i) The name, address, email, and telephone number of the applicant;
(ii) Identification of the contract or procurement number;
(iii) A detailed statement of all legal and factual grounds for the appeal, including true and accurate copies of all supporting documentation;
(iv) A detailed explanation of the relief requested; and
(v) The signature of the applicant or its legal representative.
(b) The Purchasing Agent shall issue a written decision within fifteen (15) calendar days after receiving the notice of appeal. The Purchasing Agent shall send the written decision to the applicant, as well as any other party which the Purchasing Agent determines may have an interest in the appeal. The written decision shall state the basis for the decision and either grant or deny the relief requested by the applicant.
(i) If no written decision is issued within fifteen (15) calendar days after receiving the notice of appeal, the applicant’s appeal shall be considered denied by the Purchasing Agent.
(ii) The Purchasing Agent, in the agent’s sole discretion, may conduct a hearing before rendering a decision on the applicant’s notice of appeal. Notice of the hearing shall be provided to the applicant, as well as any other party which the Purchasing Agent determines may have an interest in the appeal. At the hearing, interested parties shall have an opportunity to be heard and to present evidence within the discretion of the Purchasing Agent.
(iii) The Purchasing Agent, in his or her sole discretion, may decide to postpone moving forward with the appealed procurement until the appeal has been resolved.
(2) The Purchasing Agent’s written decision may be appealed to the City Administrator by any aggrieved party, including the City, by filing a written notice of appeal of the decision with the City Recorder.
(a) The notice of appeal shall be filed by the aggrieved party or its legal representative within ten (10) calendar days after the Purchasing Agent has issued the written decision and shall contain:
(i) The name, address, email, and telephone number of the aggrieved party or its legal representative;
(ii) Identification of the contract or procurement number;
(iii) A detailed statement of all legal and factual grounds of the appeal of the Purchasing Agent’s written decision, including true and accurate copies of all supporting documentation;
(iv) A detailed explanation of the relief requested; and
(v) The signature of the aggrieved party or its legal representative.
(b) The City Administrator, or the City Administrator’s designee, shall issue a written decision within fifteen (15) calendar days after receiving the notice of appeal. The City Administrator, or the City Administrator’s designee, shall send the written decision to the aggrieved party, as well as any other party which the City Administrator, or the City Administrator’s designee, determines may have an interest in the appeal. The written decision shall state the basis for the decision and shall either grant or deny the relief requested by the aggrieved party.
(i) If no written decision is issued within fifteen (15) calendar days after receiving the notice of appeal, the aggrieved party’s appeal shall be considered denied by the City Administrator, or the City Administrator’s designee.
(ii) The City Administrator, or the City Administrator’s designee, in his or her sole discretion, may conduct a hearing before rendering a decision on the aggrieved party’s notice of appeal. Notice of the hearing shall be provided to the aggrieved party, as well as any other party which the City Administrator, or the City Administrator’s designee, determines may have an interest in the appeal. At the hearing, interested parties shall have an opportunity to be heard and to present evidence within the discretion of the City Administrator, or the City Administrator’s designee.
(iii) The City Administrator or the City Administrator’s designee, in his or her sole discretion, may decide to postpone moving forward with the appealed procurement until the appeal has been resolved.
(c) The administrative appeals procedure contemplated by this Chapter shall be exhausted before other legal remedies may be pursued.
(d) At all times, the party filing the appeal or lawsuit shall bear the burden of proof. A procurement decision made pursuant to this Chapter shall be presumed valid unless the party can prove by clear and convincing evidence that any such decision is arbitrary, capricious, or illegal.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-213 Relief Due to Computation Error. Revised 2/23
Any bidder who seeks to withdraw or modify a bid may do so prior to the date and time set for the bid closing.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-214 Contract Change Orders. Revised 2/23
A City department head is authorized to approve change orders to a contract when the total amount of all such change orders is less than $25,000.00. The Finance Director is authorized to approve change orders to a contract when the total amount of all such change orders is between $25,000.00 and $100,000.00. The City Administrator is authorized to approve change orders to a contract when the total amount of all such change orders is between $100,000.00 and $250,000.00. The Mayor must approve change orders to a contract when the total amount of all such change orders exceeds $250,000.00. At their discretion, the Mayor or City Administrator may require a change order of any amount to be approved by the City Council. In all cases, approval of a change order is subject to availability of funds appropriated by the City Council for that purpose.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-215 Performance and Bid Bonds. Revised 2/23
Performance and bid bonds may be required by the Purchasing Agent in such amounts as the Purchasing Agent determines are needed to protect the best interests of the City. The nature, form, and amount of such bonds shall be described in the notice inviting bids or in the request for competitive sealed proposals.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-216 Records Maintained. Revised 2/23
Except when a longer minimum time is required by State law or City ordinance, the Purchasing Agent or department head making a procurement of more than $5,000.00 shall keep records relating to the procurement for not less than three (3) years from the time of the procurement.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-217 No Collusion. Revised 2/23
(1) Collusion Among Bidders. Any agreement or collusion among bidders or prospective bidders is a restraint of freedom of competition and any agreement to bid a fixed price, or otherwise, shall render the bids of such bidders void. In addition to any criminal penalties that may be applicable, the City may pursue all other legal and equitable remedies against any individual or entity involved in such an agreement or collusion. Any individual or entity which the City determines to have engaged in any such agreement or collusion shall be disqualified from consideration in future procurement opportunities with the City. Any such agreement or collusion shall constitute a material breach of any contract which was obtained as a result of the agreement or collusion.
(2) Gratuities. The acceptance of any gift, benefit, or gratuity in the form of cash, merchandise or any other thing of value greater than $50.00 by an official or employee of the City from a vendor or contractor, or prospective vendor or contractor, which would reasonably be expected to substantially influence the actions of the official or employee in favor of the giver in future procurements or negotiations may be deemed to be a violation of this Chapter and may be cause for removal or other disciplinary action.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-218 Ineligibility. Revised 2/23
In addition to all other remedies permitted by law, the City Administrator may declare a bidder or contractor ineligible to bid on City procurement and public works contracts for a period not to exceed five (5) years for any of the following grounds: two (2) or more claims of computational error in bid submission within a two (2) year period; an unjustified refusal to provide or execute contract documents; unsatisfactory performance of contract; unjustified refusal to perform or complete contract work or warranty performance; unjustified failure to honor or observe contractual obligations or legal requirements pertaining to the contract; or conviction under State or Federal statutes for fraud, bribery, theft, falsification or destruction of records, receiving stolen property or of any other similar crime or offense indicating a lack of business integrity and which would directly affect the reliability and credibility of performance of such a vendor or contractor with future contracts with the City.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-219 Personal Purchases. Revised 2/23
Procurements of goods and services ordered on City credit or paid for by the City which are for the personal use of an official or employee of the City shall not be delivered, or if delivered, shall be void or voidable at the City’s option. Such personal procurements shall not be permitted and shall be considered cause for disciplinary action. City officers and employees may purchase goods or services for personal use from suppliers at discounted rates offered to the City where the supplier makes such goods or services available to all City officials and employees on the same terms, provided the official or employee pays for such items from the official’s or employee’s own money, and provided the purchase is not reasonably likely to improperly influence the official, employee or a City department in the discharge of their duties or in making purchases of supplies or services.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-220 Cost Plus Percentage of Cost Contract Prohibited – Exception. Revised 2/23
Subject to the limitations of this Section or other applicable law, any type of contract which will promote the best interests of the City may be used, except a cost plus a percentage of cost contract is prohibited. A cost reimbursement contract may be used only when a determination is made in writing by the Mayor, City Administrator, or the department head, that such contract is likely to be less costly to the City than any other type, or that it is impracticable to obtain the supplies, services or construction required except under such a contract.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-221 Sales of Goods or Services to City by Officials or Employees. Revised 2/23
City officials and employees may sell goods or services to the City under the following conditions:
(1) An employee or the employee’s spouse, parent, children or siblings may not sell goods or services to the employee’s department unless the sale is first approved in writing by the department head and either the Mayor or City Administrator.
(2) All such transactions are subject to applicable provisions contained in Utah Code Annotated 1953 regarding ethics of municipal officials and employees.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-222 Participation by Bidder Who Supplies Specifications. Revised 2/23
A person other than a City employee who has prepared specifications used substantially by the City in determining from which bidder or proponent it wishes to purchase goods or services may participate in a bid or proposal procurement where the Purchasing Agent determines, in his or her reasonable discretion, that such participation will be in the best interest of the City in light of the purposes stated in Section 2-10-201.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-223 Period of Time for Contract of Supplies or Services. Revised 2/23
(1) Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the City; provided, that the term of the contract and conditions of renewal or expansion, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds by the City Council.
(2) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled. The contractor may apply for reimbursement for the reasonable value of any nonrecurring costs incurred, but not amortized in the price of the supplies or services delivered under the contract, which may be awarded in the reasonable discretion of the Purchasing Agent. The cost of cancellation may be paid from any appropriations available for that purpose.
(Ord. No. 25-2022, § 2, 12/20/2022)
2-10-224 Failure to Comply. Revised 2/23
The failure to follow any provision of this Chapter shall not render procurement invalid nor give a bidder or proponent a claim or right against the City or the employee responsible for such failure.
(Ord. No. 25-2022, § 2, 12/20/2022)