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HomeMy Public PortalAbout070_040_purchasing MAYOR CITY MANAGER „/„,..="0- Jason Buelterman /Cov ' -vb.\ Diane Schleicher I otr.,1,1„„, ,e,NNkI 44 V, CITY COUNCIL k,, krr _Ar CLERK OF COUNCIL , Ot440)" Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown Jan Fox CITY ATTORNEY Bill Garbett \\ Edward M.Hughes Tom Groover -,ArriocTiO4 Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: December 13, 2013 Item: To present the City Council with the proposed purchasing policies and procedures manual and proposed ordinance changes for review. Explanation: The primary objective of this manual is to provide guidance to and establish responsibility of all employees engaged in the purchasing process. It's believed that the procedural changes set forth in the purchasing manual futher serve to streamline the procurement process so that we can expedite the purchase of goods and services, comply with federal„ state and local laws,maintain the public trust in our stewardship of public funds and in corporate current trends in public purchasing. Budget Line Item Number(if applicable): Paper Work: 2c Attached* Already Distributed To Be Handed Out at Council Meeting (by Requester) Audio/Video Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting NOT : ' quest will be postponed if necessary information is not provided. Submitted by: ia.'„„; b Phone/Email: 912 472-5O21/ahudsoncityoftybee.org Comments: Date given to Clerk of Council ** * * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 * Certified * (866)786-4573—FAX(866)786-5737 City of Ethics www.cityoftybee.org 4.-4-1k AGENDA ITEM ATTACHMENT 1 Proposed Purchasing Ordinances Sec.5-413. Budget review prior to issuing purchase orders. Except as otherwise provided for in emergencies, no purchase order shall be issued unless there is a sufficient unencumbered appropriation, in excess of all unpaid obligations, of the using agency to cover the amount of such purchase. Sec.5-414.Sole-source purchases. The city manager shall be authorized to designate a sole source for any item or service,the purchase of which,due to special scientific,technology or extraordinary specifications and circumstances,is available from only one vendor. Any such purchase shall be documented as to the reasons for the sole source and shall be maintained in the office of the purchasing-division. Sec.5-415.Award of contracts. The City Manager shall be authorized to award a contract for purchase of goods and services to the lowest,best and most responsible bidder or vendor when approved in the budget or approved project resolution up --/ to$19,999.99.The manager shall be authorized to delegate authority to award contracts more than $,.01 and less than$5,000.00 to the finance director and the purchasing officer.The approval of the mayor and city council shall be required before the award of a contract over$20,000.00 that is in excess of the budget or approved project resolution.The mayor and city council shall approve all contracts$20,000.00 or above.The city manager shall report all contracts awarded above$5,000.00 to the mayor and city council for information.Should any question or discrepancy arise in any bid or contract,the disposition of such purchase shall be determined by the manager. Sec.5-416. Competitive quotations for bids over$20,000.00. Any supply,material or contractual service to be purchased by City of Tybee Island which has an estimated cost of more than$20,000.00 shall be purchased through formal sealed bids using formal advertising that may appear in the local newspaper in which the sheriffs sales appear or by other appropriate means to obtain competitive quotations. If advertised in the local newspaper, such notice shall be published once a week for two consecutive weeks prior to the time of the advertised bid opening.The manager shall be authorized to use the reverse auction procedure when appropriate.Reverse auctions may be used as a form of competitive bidding and as an alternative to sealed bidding.The reverse action process allows the vendors to see the lowest bid but not the identities of the bidders during the bidding process. Once the reverse auction is closed,the manager or the purchasing division administrator evaluates the bids and awards the contract to the lowest responsive and responsible vendor. Wage m age . rL posed Purchasing Ordinances Sec. 5-417. Competitive quotations under$19,999.99. Any supply,material or contractual service to be purchased by City of Tybee Island which has an estimated cost of not less than$1,000.00 and not more than$19,999.99 shall be purchased on the open market without regard for formal advertising. Upon the receipt of documented written price quotations from at least three reputable vendors, the purchasing officer shall award the contract. Sec. 5-418. Reserved. Sec. 5-419. Purchases of less than$1,000.00. Any supply,materials or contractual service which has an estimated cost of less than$1,000.00 may be purchased from any approved vendor recommended by the using agency or, in the absence of such recommendation,from any approved vendor selected by the purchasing officer. Each such purchase shall be authorized by the head of the using agency. Sec. 5-420.Selection of professional services. Professional services may be required on a project basis,for specific activities or for certain durations of time. Procurement of these services shall be the primary responsibility of the user agency with the assistance of the purchasing officer.A contract for professional services shall be awarded to the best qualified proposal based on the evaluation of the proposals and negotiation of reasonable and fair compensation for services. Such professional service needs must be approved by the manager and shall be limited to a maximum duration of five years without again requesting proposals for such general services from the professional community.The initial selection of such professional services shall be accomplished as outlined in subsection(1)below.Fees for such services may be negotiated at the time of such designation or on a project/activities basis: (1)Professional services which have an estimated cost of more than$20,000.00 shall be purchased through request for proposals.When determined appropriate by the city manager, solicitation may be made through formal advertising in the local newspaper in which the sheriffs sales appear or regional newspapers or any other similar means to notify the professional community. (2)Professional services which have an estimated cost of less than$19,999.99 but more than$4,999.99 shall be purchased on the open market without regard for formal advertising. Upon the receipt of written 2 I P a g e Proposed P u a c h " s i n O r d i n a n c e s proposals from at least three qualified professionals of the service,the user agency shall recommend and the purchasing division administrator shall award the contract. (3)Professional services which have an estimated cost of less than$1,000.00 may be purchased from any approved list of professionals recommended by the using agency or, in the absence of such recommendation,from any approved professional selected by the purchasing officer. Each such purchase shall be authorized by the department head. Sec.5-421. Rejection of bids or quotations. The city manager shall be authorized to reject any or all bids, in whole or in part,when in his or her judgment the terms, conditions or specifications received are not in compliance with those in the City of Tybee Island bid solicitation. In such event,the city manager shall document the circumstances of such rejection and reissue the solicitation as he or she deems appropriate. Sec.5-422. Federal and state contract purchases. Whenever any goods or services are available to City of Tybee Island through a contract with the federal or state government,and when such items or services meet the requirements of a using agency, such item or service shall be deemed to have met all the requirements of competitive bidding and may be purchased under the federal or state contract without regard to further government requirements.The city manager shall be authorized to award contracts for the acquisition of goods and services from a state or federal contract when the cost associated with the good or service is within the prescribed budget authorized by the mayor and city council. No additional city council approval shall be required.All such contracts shall be reported to the mayor and city council on a monthly basis. Sec. 5-423. Price agreement contracts. Goods or services used by one or more using agencies on a regular and continuing basis may be purchased under a contract covering a specified extended period of time,at an established price for such goods or services which shall be valid for the duration of the contract period. Purchase agreements under this provision shall be subject to applicable bidding or quotation requirements as any other purchase. Sec.5-424. Cooperative purchasing agreements. The city manager shall be authorized to enter into cooperative purchasing agreements with other units of government when,in his judgment, it would be in the best interest of City of Tybee Island. 3Irage Proposed Purchasing ' dinanc s (Sec.5-425. Emergency purchases. The city manager shall be authorized to waive any or all bidding requirements for the purchase of necessary goods or services whenever an emergency condition exists which presents a threat to the safety, health and welfare of the citizens of City of Tybee Island and whenever such requirements would cause undue delay in the delivery of essential services under such conditions. Sec.5-426. Deposits; bid bonds. The purchasing officer shall be authorized to require a bid bond or deposit, payable to City of Tybee Island,for contracts up to$99,999.00 from vendors bidding on any goods or services when, and in such amounts,as in his or her judgment the nature of the goods or services to be purchased would warrant such bond or deposit or whenever such bond or deposit is required under state law.Notice of a bond or deposit shall be included in the public notice and bidding specifications. Contracts over$100,000.00 shall require a bid bond or deposit. Such bond or deposit shall not exceed 100 percent of the bid amount. Sec. 5-427.Vendors in default. The purchasing officer shall not accept any bid or quotation from nor issue any purchase order to any vendor or contractor that is in default on the payment of any taxes, license fees or other monies due City of Tybee Island. Sec. 5-428. Records to be maintained. A record and description of all requisitions,competitive bids and quotations,purchase orders, receiving reports and other pertinent documentation of purchasing shall be maintained by the purchasing officer in accordance with regulations and procedures prescribed in the purchasing manual and shall be public record. Sec.5-429. Local buying preference. It is the desire of City of Tybee Island to purchase from local vendors whenever possible.City of Tybee Island has a higher responsibility to its residents,however,to ensure that the maximum value is obtained for each public dollar spent.Assuming quality and service are equal,the vendor or supplier who wishes to 4 I P a e P r o p o s e d u r c ) f a i n Ordia - ces do business with City of Tybee Island must submit the lowest quote for the goods or services being purchased. Sec. 5-430.Vendors'appeals. Any vendor or professional may appeal the award of a contract to the manager within five calendar days of the award of the contract.A vendor dissatisfied with the manager's decision shall have ten calendar days to appeal to the administrative hearing officer pursuant to section XXX of the City of Tybee Island Code for final determination. (Sec. 5-431. Conflict of interest. (a)In accordance with the provisions set forth in section of the City of Tybee Island, no elected official, appointed officer or employee of City of Tybee Island or any agency or political entity to which the Charter applies shall knowingly: (1)Engage in any business or transaction in which the person has a financial interest,which is incompatible with the proper discharge of official duties; (2)Disclose confidential information concerning the property,government or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3)Accept any gift that has a value of$50.00 or more from any person,firm or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such person is engaged; provided, however,that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (4)Represent private interests other than his or her own in any action or proceeding against City of Tybee Island, Georgia,or any portion of its government; or (5)Vote or otherwise actively participate in the negotiation or the making of any contract between City of Tybee, Georgia,and any business or entity in which he or she has a financial interest. (b)To avoid the appearance of potential conflicts,no city council of City of Tybee Island shall serve on the board of or on a committee of any agency or corporation that is funded wholly or in part by the Unified Government of City of Tybee Island unless otherwise required by law. 5I age Proposed Purchasing Ordinances nances Sec. 5-432. Federally funded projects and programs. In accordance with the provisions of the Office of Management and Budget(OMB)Circular A-1 02,entitled "Grants and Cooperative Agreements with State and Local Governments,"and all related provisions and laws, all City of Tybee Island departments shall comply with all federal procurement regulations when procuring goods and services funded in whole or in part with any federal grant. Further,such regulations shall supersede all local purchasing ordinance provisions. All sub-recipient agencies receiving federal funds through City of Tybee Island shall also comply with the federal granting agency procurement regulations which supersede all local purchasing ordinance provisions. Sec. 5-433. Public construction projects governed by O.C.G.A. § 36-91-1 et seq. (a)The purchasing division administrator is hereby delegated the authority to administer a process for mandatory prequalification of prospective bidders or offerors for public construction projects pursuant to O.C.G.A. § 36-91-20(0. Pursuant to this delegation of authority,the purchasing division administrator is authorized to implement a process for mandatory prequalification of bidders, subject to the following requirements: (1)Criteria for prequalification shall be reasonably related to the project or the quality of the work. (2)Criteria for prequalification shall be available to any prospective bidder or offeror requesting such information. (3)There shall be a method of notifying prospective bidders or offerors of the criteria for prequalification. (4) There shall be a procedure for a disqualified bidder or offeror to respond to his or her disqualification to the City of Tybee Island Manager; however, such procedure shall not include a formal appeal. (b)No bid or proposal shall be eligible for consideration by City of Tybee Island from a prospective bidder who has not been prequalified on the procurement in question where the invitation for bids or request for proposals specified that prequalification would be mandatory,and any bid or proposal so received shall be returned to the prospective bidder or offeror unopened. 6IPage Proposed Purchasing Ordinances PROCUREMENT AND DISPOSITION OF PROPERTY* —.' Section 7-501. Contracting procedures. The city council shall prescribe'by ordinance rules and regulations which must be followed in the making of contracts in order to bind the government of City of Tybee Island, Georgia. Except where otherwise provided by law or by ordinance, all contracts of the government of City of Tybee Island, Georgia, shall be signed by the mayor and authenticated by the city manager. Section 7-502. Sale and disposition of property. (a)The city council is authorized to sell any real or personal property owned or held by City of Tybee Island, Georgia, and not needed for governmental or other public purposes in such manner as is required in state law for counties as provided for in O.C.GA§§ 36-9-2 and 36-9-3. (b)The city council is empowered to authorize the following transactions: (1)A transfer of any real or personal property owned by City of Tybee Island,Georgia,to another governmental entity upon finding that such transfer is in the public interest; (2)A sale of any such property to another governmental entity; and (3)An exchange of such property for property that is owned privately or by some other governmental entity. 7I Page Proposed Purchasing Ordinances