HomeMy WebLinkAbout71.60 ORDINANCE NO. ~1. 60
AN ORDINANCE OF THE CITY OF SARATOGA
ADDING ARTICLE 2-45 TO THE CfrY CODE TO
ESTABLISH A PURCHASING SYSTEM
The City Council of the City of Saratoga hereby ordains as follows:
SECTION 1: A new Article 2-45 is added to Chapter 2 of the City Code, to read
as follows:
~ARTICLE 2-45
PURCHASING SYSTEM
Sections:
2-45.010 Adoption of purchasing system
2-45.020 Definitions
2-45.030 Exclusions from Article
2-45.040 Centralized purchasing system; Purchasing Officer
2-45.050 Purchase orders
2-45.060 Availability of funds
2-45.070 Authorization for purchase orders and contracts; emergencies
2-45.080 Use of brand names
2-45.090 Basis of award
2-45.100 Purchases under $100
2-45.110 Open market purchases
2-45.120 Competitive bidding; exceptions
2-45.130 Formal bidding procedure
2-45.140 Request for proposals
2-45.150 Inspection and testing
2-45.160 Joint purchase with other agencies
2-45.170 Disposal of personal property
S2-45.010 Adoption of purchasing ~y~tem
In order to establish efficient procedures for the purchase of supplies and
services at the lowest possible cost commensurate with operational needs, to
exercise positive financial control over such purchases, to clearly define authority
for administration of the purchasing function, and to assure the quality of supplies
and services purchased by the City, a purchasing system is hereby adopted.
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S2-45.020 Definitions
For the purposes of this Article, the following words and phrases shall have the
meanings respectively ascribed to them by this Section, unless the context or the
provision clearly requires otherwise:
(a) Brand name means a product, item or material described by reference to
its manufaeturer's name or catalogue number.
(b) Brand name or equal specification means a contract or purchase order
specification containing a brand name to describe the nature, standard of quality,
performance, and other eharaeteristies needed to meet the City's requirements, and
which provides for the submission of equivalent products.
(e) Cost, as applied to a single transaction for the purchase of supplies or
services, means the total amount to be expended by the City, exclusive of sales or
use taxes.
(d) Supplies means and includes all materials, supplies, equipment, products,
and other items of tangible personal property.
(e) Services means and includes labor, professional services and consulting
services. Services shall not include incidental labor such as set-up, testing, and
maintenance of supplies where the primary purpose is to purchase the supplies.
S2--45.030 Exclusions from Article
The provisions of this Article shah not apply to any of the following:
(a) The award of contracts for public projects governed by the provisions of
the State Public Contract Code or the provisions of the City's informal bidding
ordinance, as contained in Chapter 12, Article 12-15 of this Code.
(b) The award of contracts governed by any State or Federal law which
prescribes a different procedure.
(c) The granting by the City of franchises, rights, privileges, licenses or
permits, including, but not limited to, a cable television franchise granted pursuant
to Chapter 4, Article 4-25 of this Code, a garbage collection franchise granted
pursuant to Chapter 7, Article 7-05 of this Code, or a franchise for installation of
facilities granted pursuant to Chapter 10, Article 10-25 of this Code.
(d) The purchase of utilities, including, but not limited to, electricity,
water, gas, or telephone service.
(e) Employment contracts or collective bargaining agreements with any
employees of the City.
(f) The purchase of insurance, including coverage provided by any self
insurance pool in which the City is a participant.
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(g) The extension or renewal of any existing contract for technical or
professional services to be performed by consultants, unless the City Council elects
to award a new contract pursuant to this Article.
(h) Contracts for technical or professional services to be performed by
consultants, where the cost thereof will be paid in advance by a person applying to
the City for a permit, license or other approval.
(i) Contracts for educational, recreational, travel or entertainment services
furnished by independent contractors or consultants, where the total cost thereof is
paid by the persons utilizing the services.
(j) Contracts for supplies or services to be furnished by any other public
agency.
(k) The purchase of supplies or services made in compliance with the terms
and conditions of any grant, gift or bequest to the City that is otherwise consistent
with law.
~2-45.040 Centralized purchasing system; Purehas'rag Officer
(a) Except as otherwise provided by this Article, all purchases of supplies.
and services shall be centralized under the Purchasing Officer.
(b) The City Manager is hereby appointed as the Purchasing Officer for the
City, and as such shall have authority to:
(1) Procure or supervise the procuremerit of all supplies and services
needed by the City, in accordance with the procedures prescribed
in this Article and any administrative rules and regulations as may
be adopted by the Purchasing Officer pursuant hereto.
(2) Exercise direct supervision over the City central stores and general
supervision over all other inventories of supplies belonging to the
City.
(3) Establish or supervise the establishment of specifications for
supplies and services required by the City.
(4) Inspect or supervise the inspection of all supplies purchased by the
City to insure quality, quantity and conformance with the
specifications therefor.
(5) Prepare and adopt administrative rules and regulations not in
conflict with the provisions of this Article for the purpose of
implementing the purchasing system established hereunder.
(6) Sell, trade or otherwise dispose of surplus supplies, in accordance
with the provisions of this Article.
(c) The Purchasing Officer may authorize any department head to
investigate, solicit bids, or negotiate the purchase or award of contracts for supplies
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or services independently of the centralized purchasing system, provided that all
such actions shall be done in conformity with the procedures prescribed by this
Article or by duly adopted administrative rules and regulations pertaining thereto.
$2-45.050 Purchase orders
Purchases of supplies or services having a cost of One Hundred Dollars or more
shall be made only by purchase orders signed by the Purchasing Officer, or other
City employees as may be designated by the Purchasing Officer to act in his behalf.
Nothing herein shall preclude the use of authorized petty cash funds for purposes
intended by their establishment.
82-45.060 Availability of funds
Except in cases of emergency, the Purchasing Officer shall not issue any
purchase order for supplies or services unless there exists an unencumbered
appropriation in the fund account against which such purchase is to be charged. The
appropriate account and funds shall be encumbered immediately after the issuance
of the purchase order.
82-45.070 Authori~-~tion for purchase orders and contracts;
emergencies
(a) The Purchasing Officer is hereby authorized to issue purchase orders and
award contracts for supplies or services where the cost thereof does not exceed Five
Thousand Dollars.
(b) Contracts or purchase orders for supplies or services involving a cost in
excess of Five Thousand Dollars must be approved or awarded by the City Council.
(c) Notwithstanding Paragraphs (a) and (b) of this Section or any other
provision of this Article, the Purchasing Officer may purchase supplies or services
having a cost in excess of Five Thousand Dollars in the event of emergency requiring
the immediate preservation of the public peace, health or safety, and precluding
action by the City Council. In such instances, the Purchasing Officer shall submit to
the City Council at its next succeeding meeting a written report describing the
circumstances of the emergency, the supplies or services purchased~ and the cost
thereof.
$2-45.080 Use of brand names
(a) Brand name or equal specifications may be used when the Purchasing
Officer determines that:
(1) No other design or performance specification or products list is
available; or
(2) Time does not permit the preparation of another form of purchase
description which does not include a brand name specification; or
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(3) The nature of the product or the nature of the City's requirements
makes use of a brand name or equal specification suitable for the
procurement; or
(4) Use of a brand name or equal specification is in the City's best
interests.
(b) Brand name or equal specifications shall state that substantially
equivalent products to those designated will be considered for award.
(c) Where a brand name or equal specification is used in a solicitation, the
solicitation shall contain explanatory language that the use of a brand name is for
the purpose of describing the standard of quality, performance and characteristics
desired and is not intended to limit or restrict competition.
S2-45.090 Basis of award
(a) Purchases of supplies or services will be made on the basis of the bid or
bids most advantageous to the City. In addition to price, the criteria for
determining the most advantageous bid shall include, but not be limited to the
following:
(1) Compliance with the bid specifications.
(2) The ability, capacity and skill of the bidder to perform the
contract or provide the supplies or services required.
(3) The ability of the bidder to perform the contract or provide the
supplies or services promptly, or within the time specified, without
delay or interference.
(4) The character, integrity, reputation, judgment, experience, and
efficiency of the bidder.
(5) The quality of the bidder's performance on previous purchases or
contracts with the City.
(6) The previous and existing compliance by the bidder with the
ordinances of the City.
(7) The sufficiency of the bidder's financial resources to perform the
contract or provide the supplies or services required.
(8) The quality, availability and adaptability of the supplies or services
to the particular use required.
(9) The ability of the bidder to provide future maintenance, repair
parts and services for the use of the supplies purchased.
(10) The number and scope of conditions attached to the bid.
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(b) Where a formal competitive bidding procedure is required and the
contract is not awarded to the bidder offering the lowest price, the Purchasing
Officer shall prepare and place on file with the records of such contract a written
statement of the reasons for the award. Such statement shall be open to public
inspection.
$2-45,100 Purebases under $100
The purchase of supplies or services having a cost of less than One Hundred
Dollars can be made without a purchase order by the Purchasing Officer or other
employee of the City having authorization from the Purchasing Officer to do so. A
petty cash fund can be used for such purchases.
$2-45.110 Open market purchases
(a) Purchases of supplies or services having a cost of One Hundred Dollars or
more but less than Fifteen Thousand Dollars may be made in the open market
without formal competitive bidding procedures, if authorized by either the
Purchasing Officer or the City Council as provided in Section 2-45.070 of this
Article.
(b) Open market purchases involving a cost of Five Hundred Dollars or more
shall, whenever possible, be based upon at least three informal price quotations and
shall be awarded on the basis of the price quotation most advantageous to the City.
The Purchasing Officer may solicit price quotations either orally or in writing, or
may utilize price information on file with the City or available elsewhere.
$2-45,120 Competitive biddingl, exceptions
(a) Except as otherwise provided in Paragraph (b) of this Section, all
purchases of supplies or services involving a cost of Fifteen Thousand Dollars or
more shall be made by contract awarded pursuant to the formal competitive bidding
procedure set forth in Section 2-45.130.
(b) A contract for the purchase of supplies or services involving a cost of
Fifteen Thousand Dollars or more may be awarded by the City Council without
competitive bidding in each of the following cases:
(1) Where the City Council determines that the immediate
preservation of the public peace, health or safety requires the
purchase to be made without competitive bids;
(2) Where the supply or service required by the City can only be
obtained from a single source;
(3) Where the contract is for specialized or professional services such
as, but not limited to, services rendered by architects, engineers,
attorneys, appraisers, geologists, and other specialized consultants;
(4) Where the City Council determines that use of the competitive
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bidding process is impracticable or impossible, or would not be
likely to result in a lower price to the City from a responsible
bidder, or would cause unnecessary expense or delay under the
circumstances;
(5) Where the City Council utilizes the request for proposal method of
purchase, as set forth in Section 2-45.140 of this Article.
§2-45.130 Formal bidding procedure
Where formal competitive bidding is required, the following procedure shall be
followed:
(a) Notice inviting bids. Notices inviting bids shall include a general
description of the supplies or services to be purchased, the place where bid forms
and speeifieations can be obtained, the time and place for opening bids, whether a
bid deposit or bond will be required, and whether a performance bond will be
required. The notice shall be published at least once, not less than ten days prior to
the date set for final receipt of bids, in a newspaper having general circulation in
the City, and shall be posted at the City Hall location used for the posting of legal
notices. Notices shall also be sent to persons who have submitted a written request
to the City to be notified of such bidding opportunities, and notices may be sent at
the discretion of the Purchasing Officer to any additional persons.
(b) Bidder~s security. When deemed necessary by the Purebasing Officer,
bids shah be accompanied by a bidder's security in the form of a cashiers cheek,
certificate of deposit, money order, or unconditional and irrevoeable letter of
credit, payable at sight to the City, or a surety bond in favor of-the City, in such
amount as determined by the Purchasing Officer to be adequate for 9roteorion of
the City's interests. Bidders shall be entitled to return of their bid security;
provided, however, a successful bidder shall forfeit his bid security upon failure or
refusal to execute a contract within ten days after mailing the notice of award,
unless the City is responsible for the delay. The City Council may, on failure or
refusal of the successful bidder to execute the eontraet, award it to the next lowest
responsible bidder, in which event, the lowest bidder's security shall be applied by
the City first to the difference between the low bid and the second lowest bid, then
toward payment of any other costs, expenses or damages incurred by the City as a
result of such failure or refusal, and the balance of the security, if any, shall be
returned to the lowest bidder.
(e) Bid opening procedure. Sealed bids shall be submitted to the Purchasing
Officer and shall be identified as bids on the envelope. Bids received after the
deadline for submitting the same shall not be accepted and shall be returned to the
bidder unopened. The bids shall be opened in public at the time and place stated in
the public notice. All opened bids shall be available for public inspection during
regular business hours from the time of bid opening until the contract has been
awarded by the City Council.
(d) Rejection of bids. If, in the opinion of the City Council, none of the bids
is satisfactory, the Council may reject all bids and either purchase the supplies or
services in the open market or readvertise for new bids.
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(e) Award of contact. Except as otherwise provided herein, a contract
shall be awarded to the lowest responsible bidder, taking into consideration the
criteria listed in Section 2-45.090 of this Article.
(f) Tie bids. If two or more bids received are for the same total amount or
unit price, quality and service being equal, and if a delay for readvertisement would
not be in the public interest, the City Council may accept the bid it chooses or
accept the lowest bid made by negotiation with the tie bidders at the time of the bid
opening.
(g) Performance bond. The City Council may require that a performance
bond be furnished before entering into a contract with a successful bidder. The
form and amount of such bond shall be satisfactory to the Purchasing Officer and in
compliance with the contract specifications.
(h) Waiver of irreg,,1Rrities. The City Council may waive any minor
irregularities in the bids, based upon a determination that the same have no material
impact upon the bidding process or other bids submitted.
(i) No bids. If no bids are received in response to the notice inviting bids,
the City Council may proceed to purchase the supplies or services without further
competitive bidding.
S2-45.140 Request for proposals
(a) The City Council may utilize the request for proposal method of
purchasing supplies or services upon a determination that competitive bidding is not
practical or advantageous to the City because:
(1) Quality, capability, performance or qualification is overriding in
relation to price; or
(2) Delivery, installation, service, maintenance, reliability or
replacement is overriding in relation to price; or
(3) In the opinion of the City Council, the marketplace will respond
better to a solicitation permitting a range of alternative proposals
or evaluation and discussion of proposals before entering the
contract.
(b) Proposals shall be solicited in such manner as directed or approved by
the City Council. The identity of persons responding to the request for proposals
and the content of proposals submitted to the City may be kept confidential during
the process of negotiation and until a contract is awarded.
(e) The request for proposals shall state evaluation factors. Discussions may
be conducted with responsible offerors and revisions to proposals, based upon such
discussions, may be accepted.
(d) The contract award shall be based upon the proposal determined by the
City Council to be most advantageous to the City, taking into consideration price
and the evaluation factors set forth in the request for proposals.
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t (e) The City Council may reject any and all proposals if sueh rejection is
· deemed to be in the best interests of the City. The Council may thereupon direct
that new proposals be solicited or utilize any other purchasing method set forth in
this Article.
S2-45.150 Inspection and testh~
The Purchasing Agent shall inspect, or cause to be inspected, all deliveries of
supplies or services'to determine their conformante to specifications set forth in
the purchase order or contract. The Purchasing Agent shall have the authority to
require any tests necessary to determine quality and conformante with
specifications.
S2-45.160 Joint purelmse with other agencies
Notwithstanding any other provision of this Article, the Purchasing Officer
may issue a joint purchase order together with any other city, county, or public
agency in the State for the purchase of supplies or services, provided the
specifications for such supplies or services have been approved by the Purchasing
Officer if the cost thereof is less than Fifteen Thousand Dollars, or by the City
Council if the cost thereof is Fifteen Thousand Dollars or more, and provided
further that at least one of the other agencies has solicited or advertised for bids in
a manner similar to the applicable procedures set forth in this Article.
S2-45.170 Dlsp~,al of personal property
The Purchasing Officer Shall have authority to dispose of personal property of
the City which cannot be used by any department or has become obsolete or worn
out. The disposition may be accomplished by negotiated sale, public auction,
exchange or trade in for other supplies or, upon a determination by the Purchasing
Officer that the property has no commercial value, by abandonment, destruction or
donation to a public body or a nonprofit charitable or civic organization. The
disposition of any property having a value of Five Hundred Dollars or more shall
first be authorized by the City Council."'
SECTION 2: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Saratoga hereby declares that it
would have passed this Ordinance and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that one or more sections, subsections,
sentences, clauses or phrases may be held invalid or unconstitutional.
SECrlON 3: This Ordinance shall be in full force and effect thirty days after its
passage and adoption.
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The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular
meeting of the City Council of the City ~of Saratoga held on the 15th day of
Merch , 19818, by the following vote:
AYES: Councilme~abers Clevenger, ,~yles, Peterson, Stutzman, and Mayor Anderson
NOES: None
ABSENT: None ~M~/
YOR
ATTE~ ~y. ~,
CITY CLERK
1he a~ve and 10rec0i
lX~D~' ~ Ordinance
'lmYdt~d accordineJ t0 i,~. ,~
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