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Home My Public Portal AboutORD-CC-2005-04ORDINANCE #2005-04 AN ORDINANCE AMENDING TITLE 2, OF THE MOAB MUNICIPAL CODE REGARDING PURCHASING PROCEDURES WHEREAS, the State of Utah negotiates purchasing contracts for services and materials with a multitude of vendors to ensure the best pricing and quality for all State Agencies and Local Governments; and WHEREAS, a policy exception is needed to allow City Purchasing from a State Contract without securing proposals and bids; NOW THEREFORE, WE, the Governing Body of the City of Moab do hereby ordain the following: That Section 2.28.040 shall be amended as follows and 2.28.045 shall be added as follows: Chapter 2.28 2.28.040 Purchasing procedure -Securing competitive proposals and bids. It shall be the duty of the purchasing agent to make all purchases upon the most advantageous terms to the city, and to this end, the purchasing agent shall procure competitive proposals from at least two responsible persons, and shall take advantage of the lowest possible prices for goods of equal value. In all cases involving the expenditure of sums in excess of five thousand dollars and below ten thousand dollars, the purchasing agent shall secure proposals in writing from at least three bidders, which proposals shall be filed with the requisitions pursuant to which the expenditures are made. Unless specifically excepted by provisions of this section in all cases involving the expenditure of sums in excess of ten thousand dollars, the purchasing agent must advertise and solicit sealed bids as provided under current procurement guidelines. 2.28.045 Purchasing procedures -Exceptions A. For cases between ten thousand dollars and twenty thousand dollars involving essential public works projects, and approved in advance by the city manager and purchasing agent, the sealed bid requirement may be waived, providing that the purchasing agent procure proposals in writing from at least three bidders, as specified in this section. All other exceptions to purchasing procedures require city council approval. B. Essential public works projects shall include projects related to the maintenance and operation of the water and sewer system, the wastewater treatment plant, streets and sidewalks, storm drainage and flood control systems. C. Where there is only one provider of goods or services to be procured by the city, the purchasing agent may waive the requirement that competitive proposals accompany the Ordinance 2005-04 Page 1 of 2 requisition, provided the department head shall have made reasonable efforts to identify or obtain an alternative provider or bidder for the goods or services. D. Notwithstanding the requirements of this chapter, where there exists an emergency situation involving a threat to public health, welfare or safety, the purchasing agent may authorize requisitions for expenditures without first complying with the proposal or bid provisions of this chapter. In the event of any such emergency situation, the purchasing agent shall assure that the terms of purchase are as competitive and favorable to the city as is practicable under the circumstances. E. When a bid/quote is submitted by a local vendor, and the bid/quote is not the lowest bid/quote received by the city, a preference may be granted to local providers of products and services if the following conditions are met: 1. "Local vendor" is defined as a licensed business or individual whose business is located within Grand County or within a twenty mile radius of Moab city limits; 2. Requests for local's preference must be submitted to the purchasing agent in writing prior to the purchase and are subject to approval. Requests for local's preference for purchases not exceeding nine thousand nine hundred ninety-nine dollars and ninety- nine cents will be approved or denied by the purchasing agent. Purchases in excess of ten thousand dollars will be approved or denied by the city council; 3. The total amount of the local's preference cannot exceed more than five percent of the lowest competitive bid/price received; 4. The total amount of the local's preference cannot exceed twenty-five thousand dollars for a given project/product; 5. The granting of a local's preference is subject to the budget constraints of the specified project or product. F. State of Utah Contract. If a State Contract is in place for the item or service that the department is purchasing, and the total of the item or service is under $25,000.00, then there is no need to solicit bids or quotations. The department should use State Contracts when available and when they meet pricing and service requirements. However, it is the option of the department head as to whether or not to use a State Contract. This exception must be approved by the purchasing agent prior to the purchase being made or negotiated. If the department decides not to use the State Contract the appropriate bid/proposal process described above must be followed. . G. Procurements by procedures other than as specified in this chapter shall be allowed only upon good cause shown, and by approval of the city council. (Ord. 03-07, 2003: Ord. 03-01, 2003: Ord. 99-10, 1999: Ord. 97-09, 1997: Ord. 84-03 § 2, 1984: prior code § 2-53) PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in open session this 22ND day of March, 2005. This ordinance shall take effect immediately upon passage. Rachel Ellison Moab City Recorr}er Dave Sakrison Mayor of Moab City Ordinance 2005-04 Page 2 of 2 ORDINANCE #2005-04 AN ORDINANCE AMENDING TITLE 2, OF THE MOAB MUNICIPAL CODE REGARDING PURCHASING PROCEDURES WHEREAS, the State of Utah negoti- ates purchasing con- tracts for services and materials with a multi- tude of vendors to en- sure the best pricing and quality for all State Agencies and Local Governments; and WH,EREAS, a policy exception is needed to allow City Purchasing from a State Contract without securing proposals and bids; NOW THERE- FORE, WE, the Gov- erning,Body of the City of Moab do hereby or- dain the following: That Section 2.28.040 shall be amended as follows and 2.28.045 shall be added as follows: Chapter 2.28 2.28.040 Purchasing procedure -Securing competitive propos- als and bids. It shall be the duty of the purchasing agent to make all pur- chases upon the most advantageous terms to the city, and to this end, the purchasing agent shall procure competi- tive proposals from at least two responsible persons, and shall take advantage of the low- est possible prices for goods of equal value. In all cases involving the expenditure of sums in excess of five thousand dollars and below ten thousand dollars, the purchasing agent shall secure pro- posals in writing from at least three bidders, which proposals shall be filed with the requi- sitions pursuant to which the expenditures are made. Unless spe- cifically excepted by provisions of this sec- tion in all cases involv- ing the expenditure of sums in excess of ten thousand dollars, the purchasing agent must advertise and solicit sealed bids as pro - this chapter, where there exists an emer- gency situation involv- ing a threat to public health, welfare or safety, the purchasing agent may authorize requisitions for expen- ditures without first complying with the pro- posal or bid provisions of this chapter. In the event of any such emergency situation, the purchasing agent shall assure that the terms of purchase are as competitive and fa- vorable to the city as is practicable under the circumstances. E. When a bid/ quote is submitted by a local vendor, and the bid/quote is not the lowest bid/quote re- ceived by the city, a preference may be granted to local provid- ers of products and services if the following conditions are met: 1. "Local vendor" is defined as a licensed business or individual whose business is lo- cated within Grand County or within a twenty mile radius of Moab city limits; 2. Requests for local's preference must be submitted to the purchasing agent in writing prior to the pur- chase and are subject to approval. Requests for local's preference for purchases not ex- ceeding nine thousand nine hundred ninety- nine dollars and ninety- nine cents will be ap- proved or denied by the purchasing agent. Purchases in excess of ten thousand dollars will be approved or de- nied by the city coun- cil; 3. The total amount of the local's prefer- ence cannot exceed more than five percent of the lowest competi- tive bid/price received; 4. The total amount of the local's prefer- ence cannot exceed twenty-five thousand dollars for a given project/product. 5. The granting of a local's preference is subject to the budget constraints of the specified project or product. /s/Dave Sakrison Mayor of Moab City ATTEST: /s/Rachel Ellison Moab City Recorder PUBLISHED IN THE TIMES INDE- PENDENT, Moab, Utah APRIL 14, 2005. Proof if Publication STATE OF UTAH, County of Grand, ss. Samuel J. Taylor or Adrien F. Taylor, being first duly sworn according to law, deposes and says: That he/she is the co -publisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice R_ECED•TED MAY 2 MI5 B Ordinance #2005-04 hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 1 consecutive issues, the first publication date having been made Apr . 14 , 2005 ;and the last on ;and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the news- paper proper and not in a supplement thereof. Subscribed and sworn before me this Notary Public Residing at Moab, Utah My Commission Expires e a -