HomeMy Public PortalAbout035-1985-ESTABLISHING A DEPT OF CENTRAL PURCHASING IN THE ADMIN SERVICEORDINANCE NO. 35- 1985
AN ORDINANCE ESTABLISHING A DEPARTMENT OF CENTRAL PURCHASING IN THE
ADMINISTRATIVE SERVICE OF THE CITY OF RICHMOND, CREATING THE OFFICE OF
CITY PURCHASING DIRECTOR; SETTING FORTH THE POWERS AND DUTIES OF THE CITY
PURCHASING DIRECTOR; ESTABLISHING PURCHASING PROCEDURES AND INTERNAL
SERVICE FUNDS; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS.
NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
RICHMOND:
SECTION 1. SHORT TITLE - This Ordinance shall be known and may be cited as the
"Purchasing Ordinance of the City of Richmond."
SECTION 2. DEFINITIONS - For the purposes of this Ordinance the following terms,
phrases, words, and their derivations shall have the meaning given
herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the
singular number, and words in the singular number include the plural number.
Words indicating masculine gender shall also refer to the feminine gender.
The word "shall" is always mandatory and not merely directory.
( 1) "Mayor" is the mayor of the City of Richmond.
(2) "City" is the City of Richmond.
(3) "Com mon Council" is the council of the City of Richmond.
(4) "City Purchasing Director" or "Director" is the Purchasing Director of
the City of Richmond.
(5) "Sanitary District Administrator" is the chief administrator of the
Richmond Sanitary District.
(6) "Contractual Services" shall mean and include all towel and cleaning
service; other labor contractual services; bases for all grounds,
buildings, office or other space required by the using agencies; and
the rental, repair or maintenance of equipment, machinery and other
city -owned personal property. The term shall not include professional
and other contractual services which are in their nature unique and
not subject to competition, such as legal, accounting, or consulting
services, except as a part of a grant supported by Federal funds.
(7) "Supplies" shall mean and include all supplies, materials, equipment
and construction.
(8) "Using Agency" is any department, agency, commission, bureau or
other unit in the City government using supplies or procuring contractual
services as provided for in this Ordinance, and includes the Richmond
Sanitary District as authorized by its CENTRAL PURCHASING RESOLUTION
# __ and any school syste m or govern m ental unit with which
the Director negotiates an an intergovernmental agreement for co-
operative purchasing as authorized herein to the extent and for the
purposes authorized by such intergovernmental agreement.
(9) "Federal Grants" shall include all federal grants but shall not include
annual Revenue Sharing allocations.
(10) "State Grants" shall include all state grants but shall not include
Motor Vehicle Highway or Local Road and Street funds,_or state tax
revenues.
SECTION 3. ESTABLISHMENT OF DEPARTMENT OF CENTRAL PURCHASING
1. There is hereby established in the Administrative Service of the: City
the Department of Central Purchasing, and in said Department the
office of City Purchasing Director.
2. This Ordinance shall set forth the procurement policies and procedures
to be followed by the using agencies of the City of Richmond. In the
event that a using agency is proposing to expend Federal or State grant
funds, the using agency shall comply with the procure ment rules and
regulations as set forth by the applicable Federal or State Agency
provided the same includes at a minimum provisions, as set forth in
this ordinance.
SECTION A. CITY PURCHASING DIRECTOR - Tile City Purchasing Director shall be the
head, and have general supervision of the Department of Central
Purchasing. The Director shall perform all duties required of a
department head by law, and shalt have the powers and duties prescribed
by this Ordinance.
(1) POSITION SPECIFICATIONS - The 'Director shall:
(a) Appointment - Be appointed by the Mayor according to
Personnel System regulations.
(b) Experience Require ment - Have had, prior to his appointment, at
least two (2) years experience in a purchasing office of a public
or private corporation in an executive capacity.
(2) SCOPE OF PURCHASING AUTRORITY - The Director shall. have the
power and it shall be his duty:
(a) Purchase or Contract - To purchase or contract for all supplies
and contractual services needed by any using agency which
derives its support wholly or in part from the City, or from
a Federal or State grant of which the City is the grantee, in
accordance with purchasing procedures as prescribed by this
Ordinance and such rules and regulations as the director shall
adopt for the internal management and operation of the
Department of Central Purchasing and such other rules and
regulations as shall be prescribed by the Mayor and the Co m mon
C ounciL
(a- 1) Exceptions prohibited - The authority of the Director
to negotiate all purchases for all using agencies shall
not be abridged by excepting any particular using agency.
(a-2) -Unauthorized purchases - Except as herein provided, it
shall be unlawful for any City officer or officers to
order the purchase of any supplies or make any contract
within the purview of this Ordinance other than through
the Department of Central Purchasing, and any purchase
ordered or contract made contrary to the provisions
hereof shall not be approved by the City officials, and
the City shall. not be bound thereby.
(a-3) Powers reserved - Nothing in this section shall be construed
to prevent the lawful advertising and awarding of bids and
letting of contracts by the Board of Public works and Safety
of the City, and by the Richmond Sanitary District Board of
C o m m issioners.
(3) O T HE R P O W E R S A N D D D TIES - In addition to the purchasing authority
conferred in subsection (2) above and in addition to any other powers and
duties conferred by this Ordinance the director shall:
(a) Minimum Ex enditure - Act to procure for the City the highest
quality in supplies and contractual services at least expense to the
city.
(b) Encourage Competition - Discourage uniform bidding and endeavor
to obtain as full and open competition as possible on all purchases
and sales.
(c) Rules and Regulations - Establish, and amend when necessary all
rules and regulations authorized by this Ordinance and any other
necessary to its operation.
(d) Purchasing Analysts - Keep informed of current developments in
the field of purchasing, prices, market conditions and new
products, and secure for the City the benefits of research done
in the field of purchasing by other governmental jurisdictions,
national technical societies, trade associations having national
recognition, and by private businesses and organizations.
(e) Forms - Prescribe and maintain such forms as he shall find
(e) F or m s - Prescribe and m aintain such for m s as he shall find
reasonably necessary to the operation of this Ordinance, subject
to approval of such forms by the City Controller and the SLate
Board of Accounts, where prescribed by Indiana law.
(f) Standard No meclature - Prepare and adopt a standard purchasing
no m enclature for using agencies and suppliers.
(g) Vendors' Catalog File - Prepare, adopt and maintain a vendors'
catalog file. Said catalog shall be filed according to materials
and shall contain descriptions of vendors' co m m odities, prices,
and discounts.
(h) Bulk Purchases - Utilize the possibilities of buying "in bulk"
so as to take full advantage of discounts.
(i) Federal Tax Fxe mptions -- Act so as to procure for the City all
Federal Tax exemptions to which it is entitled.
(j) Cooperation with DePartm_ en_ t of Finance - Cooperate with the
Department of Finance so as to secure for the City the m axim u m
efficiency in budgeting and accounting.
(k) Dis ualification of Bidders - Have the authority to declare
vendors who default on their quotations irresponsible bidders
and to disqualify them from receiving any business from the
municipality for a stated period of time.
(1) Intergovernmental Agreements - Negotiate intergovernmental
agreements with school systems and other governmental units
authorizing cooperative and joint bidding with such units where there
is econo mic justification for such; provided, that no agree menL shall
be negotiated which would require the actual co m mingling of City
Funds with those of such school systems and governmental units.
SECTION 5. AUTHORITY TO SET SPECIFICATIONS - In addition to all other powers and
duties conferred in subsections (2) and (3) above, the Director shall
have authority to prepare and adopt written specifications for all
purchases and contracts w9.thin the scope of his purchasing authority,
subject to the following guidelines.
(a) It shall be the Director's duty to classify all the supplies used
by using agencies, adopt as standards the minimum number of
qualities, sizes and varieties of supplies consistent with the
efficient operation of the using agencies, and prepare and adopt
written specifications of all such standard supplies.
(b) The Director shall consult with the heads and other officials of
using agencies to determine their precise require ments and
shall endeavor to prescribe those standards which meet the needs
of the majority of such agencies.
(c) The Director shall have the authority to make use of the laboratory
and engineering facilities of the using agencies and technical -
staffs thereof in connection with the preparation and adoption
of standards and written specifications.
(d) The Director shall have the authority, upon the recommendation
of the head or other official of a using agency or upon the
reco m m endation of the Chief Ad mini,strator, to consult with
experts outside the using agencies for technical assistance in
the preparation and adoption of standards and written specification.
(e) All specifications shall be definite and certain and shall permit
of competition, provided, however, that the provisions of this
Subsection shall not apply to non-competitive types and kinds of
supplies and services.
(f) The Director shall maintain a file of all written specifications
and current stan.dards adopted, which file shall be made available
for inspection by the using agencies and general public.
(g) The Director shall have the authority to exe m pt any using agency
fro in use of the supply described in any standard specification.
The Director shall maintain a written record of such exe m pLions
along with the reason for granting such exemptions.
SECTION 6. R E O UISITIO N AND ESTIMATES - All using agencies, either by or with the
authorization of the Head of the Department under which the using agency
operates, shall file with the Director detailed requisitions or
estimates of their requirements in supplies and contractual services in
such manner, at such times, and for such future periods as the Director
shall prescribe.
(1) Unforeseen requirements — A using agency shall not be prevented from
filing, in the same manner., with the Director at any time a requisition
or estimate for any supplies and contractual services the need for which
was nntforeseen when the detailed estimates were files.
(2) Revisory power in Director — The Director shah examine each
requisition or estimate and shall have the authority to revise it
as to quantity, quality or estimated cost} but revision as to quality
shall be in accordance with the standards and specifications established
pursuant to this Ordinance.
SECTION 7. ENC11MRANCE OF FIENDS — Except in cases of emergency, the Director shall
not issue any order for delivery on a contract or open market purchase
until the City Controller shall have certified that there is to the
credit of the using agencies concerned a sufficient unencumbered
appropriation balance, in excess of all unpaid obligations, to defray
the amount of such order.
SECTION B. PRO ITTRUTON OF INTEREST — Any purchase order or contract within the
purview of this Ordinance in which the Director , or any elective
ad ministrative officer, or agent of the using agency is directly
financially interested, shall be void, except that before the execution
of a purchase order or contract the Board of Public Works and Safety
shall have the authority to waive cc mpliance with this Section when it
finds such action to be in the best interests of the City, upon the
filing of a written state meat of such interest with the Board of Public
Works and Safety and the Cam coon Council. The Board of Sanitary
Commissioners shall likewise have authority, with respect to its officers,
employees, agents and its purchases, to waive compliance with this Section
when it finds such action to be in the best interests of the operation of the
Sanitary District. Such Boards shall have no authority to waive
compliance with this Section with regard to Federal Grants.
(a) Gifts and rebates — The Director and every officer, e m ployee, and
agent of the City and using agencies are expressly prohibited from
accepting, directly or indirectly, form any person, company, firm
or corporation to which any purchase order or contract is, or might
be awarded, any rebate of money or entertainment; or any gift, or
anything of value in excess of Ten Dollars ($ 10.00) per day, except
where given for the use and benefit of the City or using agencies.
(b) Loans — The Director and every officer, employee, or agent of the
City and using agencies shall not accept loans fro m an individual
or organization having prospective dealings with the City or using
agencies unless such individual or organization is in the business
of making loans to individuals.
(c) Avoidance of Appearance of Impropriety — The Director and every
officer, e mployee or agent of the City and using agencies shall
make every effort, in their contact with individuals or organizations
having prospective dealings with the City or using agencies, to
conduct the mselves in such as to not allow the mselves to be put
into a position where their judg m ents can be influenced, and so as
to avoid even the appearance of impropriety.
(d) Code of Conduct — No employee, officer, or agent of the City or any
using agency shall participate in the selection, award, or administration
of a contract if a conflict of interest, real or apparent, would be involved.
Such a conflict would arise when the employee, officer or agent; any
m e m ber of his i m m ediate fa mily; his partner; or an organization which
e m ploys, or is about to e m ploy, any of the above has a financial or other
interest in the firm selected for the award. The officers, employees or
agents of the city or using agencies as grantees of Federal funds shall
niether solicit nor accept,.gratuities, favors or
anything of monitary value,
from contractors, potential contractors, or parties to subagree ments.
(e) Disciplinary Action -- Any officer or employee of City or using agencies
found by the Board of Public Works and Safety or the Board of Sanitary
Co m missioners to have violated the prohibitions of subsections (a) or
(b) above shall, in addition to and independently of the prosecution
or results of any civil or criminal investigation or suit, be subject
to appropriate disciplinary action including suspension or dismissaL
Any officer or employee of City or using agencies found to have violated
the prohibitions of subsection (c) above shall be subject to such lesser
disciplinary action, including temporary suspension without pay,
as deemed warranted.
SECTION 9. PROCUREMENT PRACTICES AND COMPETITIVE BIDDING — All
procurement transactions regardless of whether by sealed bids or by negotiation
and without to dollar value, shall be in a manner that provides maximum open
and free competition consistent with the provisions of this ordinance
and all applicable state and federal procurement practices requirements.
All purchases of, and contracts or, supplies and contractual services,
and all sales of personal property which has hero me obsolete and unusable
shall, except as specifically provided herein, be based wherever possible
on co m petitive bids. Nonco in petiti.ve negotiation as a m ethod of procure m ent
shall be authorized only in the event that an item is available only from
a single source; a public emergency or exigency exists relative to the
procure m ent; co m petition is determined inadequate after solicitation of a
nu m ber of sources, or, in the case of contracts supported by Federal
funds, the Federal grantor agency authorizes nonco mpetitive negotiations.
SECTION 10 FORMAL CONTRACT PROCEDURE — All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof
shall exceed Fifteen Thousand Dollars ($ 15,000.00) or Ten Thousand Dollars
(S10,000.00) in the case of a contract or procure m ent supported by Federal
funds, shall be purchased by formal, written contract from the lowest
responsible bidder, after due notice inviting proposals, in accordance with
Indiana Code I.C. 35 — 1 — 9 — 3. All sales of personal property which have become
obsolete and unusable, when the estimated value shall equal or exceed Five
Hundred ($ 500.0d) dollars shall be sold by auction after due notice.
(1) Notice Inviting Bids
(a) Newspaper —Notice inviting bids shall be published twice in at
least one official newspaper in the City, at least seven days apart
and the final notice published at least ten days preceding the last
day set for the receipt of proposals, as provided in L C. 5 — 3 — 1— 2.
Notice inviting bids for contracts supported by Federal funds shall
be published in newspapers of general interest once per week for
three weeks prior to bid opening.
(a— 1) Scope of Notice — The newspapers notice required herein shall
-include a general description of the articles to be purchased
or sold, shall state where bid blanks and specifications may be
secured, and the time and place for opening bids.
(b) Bidders' List — The Director shall also solicit sealed bids from
all responsible prospective suppliers who have requested their names
to be added to a "Bidders` List" which the Director shall maintain
by sending the m a copy of such newspaper notice or such other notice
as will acquaint them with the proposed purchase or sale. In any case
invitations sent to the vendors on the "Bidders' List" shall be limited
to co m m odities that are similar in character and ordinarily handled
by the trade group to which the invitations are sent.
(c) Bulletin Board — The Director shall also advertise all pending
purchases or sales by a notice posted on the public bulletin board
in the City ff"
(2) Bid Deposits — When deemed necessary by the Director, bid deposits
shall be prescribed in the public notices inviting bids. Unsuccessful
bidders shall be entitled to return of surety where the Director has
required such. A successful bidder shall forfeit any surety required
by the Director upon failure on his part to enter a contract within
5
required such. A successful bidder shall forfeit any surety required
by the Director upon failure on his part to enter a contract within
ten (10) days after the award.
(3) Hid Opentng Procedure
(a) Sealed - Bids shall be submitted sealed to the Director, who is
hereby designated to receive such bids on behalf of the City,
using agencies, and the Board of Public Works and Safety of City,
and shall, be identified as bids on the envelope.
(b) Opening - Bids shall be opened in public at the time and place
stated in the public notices.
(c) Tabulation - A tabulation of all bids received shall be posted
for public inspection.
(4) Rejection of Bids - The Director shall have the authority to reject
all bids, parts of all bids, or all bids for any one or more supplies or
contractual services included in the proposed contract, when the public
interest will be served thereby.
(a) Bidders in Default to City - The Director shall not accept the bid
of a contractor who is in default on the payment of taxes, licenses
or other moneys due the City or using agencies.
(5) Awarding of Contract
(a) Authority in Agent - The Director shall have the authority to
award contracts within the purview of this Ordinance.
(b) Lowest Responsible Bidder - Contracts shall be awarded to the
lowest responsible bidder. In determining "lowest responsible
bidder", in addition to price, the Director shall consider:
(b - 1) The ability, capacity and skill of the bidder to perform
the contractor provide the service required;
(b - 2) Whether the bidder can perform the contract or provide the
service promptly, or within the time specified, without
delay or interference;
(b- 3) The character, integrity, reputation, judgment, experience
and efficiency of the bidder;
(b - 4) The quality of performance of previous contracts or services;
(b- 5) The previous and existing compliance by the bidder with laws
and ordinances relating to the contract or services, including
all applicable federal regulations;
(b-6) The sufficiency of the financial resources and ability of
the bidder to perform the contract or provide the service;
(b - 7) The quality, availability and adaptability of the supplies
or contractual services to the particular use required;
(b - 8) The ability of the bidder to provide future maintenance
and service for the use of the subject of the contract;
(b - 9) The nu m ber and scope of conditions attached to the bid.
(c) Award to Other Than Low Bidder - When the award is not given to
the lowest bidder a full and complete statement of the reasons for
placing the order elsewhere shall be prepared by the agent and filed
with the other papers relating to the transaction.
(d) Tie Bids - H all bids received are for the sa m e total am ount or
unit price, quality and services bring equal, the director shall reject
all bids and reco m m eace the bidding process. If, in the Director's
judgment, the rejection of such bids would seriously delay or
impede the operations of the City or using agencies, the Director
shall instead retain all bids and shall award the contract to one of the
tie bidders by drawing lots in public.
(e) Performance Bonds - The Director shall have the authority to
require a performance bond, before entering a contract, in such
amount as he shall find reasonably necessary to protect the best
interests of the City.
(6) ProMbi_tion against Subdivision - No contract or purchase shall be
subdivided to avoid the require ments of this Section.
SECTION 11 0 PE N H A R It B'r P R 0 C E D U RE - All purchases of supplies and contractual
services and of less than the estimated value of Fifteen Thousand Dollars
($ 15,000.00), or Ten Thousand Dollars ($ 10,000.00) in the case of a
contract or procurement supported by Federal funds, and all purchases in
excess of the estimated value of Fifteen Thousand Dollars ($ 15,000.00)
when such purchases are not required by Indiana law to be formally bid
shall be made by competitive negotiation in the open market.
( 1) Mini. m u m Number of Bids - All open market purchases shall, wherever
possible, be based on at least three corn petitive bids, and shall be
awarded to the lowest responsible bidder in accordance with the
standards set forth in subsection (5) (b) of Section 10 above.
(2) Notice Inviting Bids - The Director shall solicit bids by (a) direct
mail request to prospective vendors, including those on the "Bidders'
List" from the appropriate trade group, (b) by telephone and (c) by
public notice posted on the bulletin board of the City EalL
(3) Recording - The Director shall keero a record of all open market
orders and the bids submitted in competition thereon, and such
records shall also be open to public inspection.
SECTION 12. SOLICITATION OF OFFERS - All solicitations of offers, whether by
competitive sealed bids or competitive negotiation in the open market,
shall be prepared as follows:
(1) Technical Requirements - All such solicitations shall incorporate a
clear and accurate description of the technical requirements for
the material product, or service to be procured. Such description
shall not, in competitive procurements, contain features which
unduly restrict competition. The description may include a statement
of the qualitative nature of the material, product or service to
be procured, and when necessary, shall set forth those minimum
essential characteristics and standards to which it must conform
to satisfy its intended use.
(2) "Brand Name or Equal" Descriptions - When it is impractical or
uneconomical to make a clear and accurate description of the
technical requirements in a solicitation, a "brand name or equal"
description may be used as a means to define the performance or
or other salient requirements of a procurement. The specific features
of the named brand which must be met by offerors shall be clearly
stated. The Director shall have final authority to determine
whether supplies meet such a "brand name or equal" description.
(3) Requests for Proposals - Requests for proposals, where utilized,
shall identify all significant evaluation factors, including price
or cost where required and their relative importance, and shall
comply with all other applicable technical requirements of this
section and of LC. 36-1-9-3.
(4) Other Requirements_ - Ali such solicitations shall clearly set forth all
requirements which offerors must fulfill and all other factors to be
used in evaluating bids or proposals.
SECTION 13. INTERNAL SERVICE FUNDS - The Director shall control and supervise
storerooms and warehouses and shall administer three internal service
funds herein established, to be known as the Central Stores Fund, the
City Printing Fund, and the City Gasoline Fund.
(1) Central Stores Fund - There is hereby established a separate internal
service fund which shall be known as the Central Stores Fund.
(a) AccoungliN Procedure - Requisitions for supplies in a store room
or warehouse shall be credited to the Central Stores Fund by a
charge against the appropriation of the using agency, or by directly
hilling a using agency, according to a pricing system to be
established by the Director.
(b) inventory - The Director shall maintain a perpetual inventory
record of all m aterials, supplies or equip m ent stored in storeroo m s
and warehouses.
(2) City Printing Fund - There is hereby established a separate internal
service fund which shall be known as the City Printing Fund.
(a) Accounting Procedure_ - Requisitions for City printing services
shall be credited to the City Printing Fund by a charge against
the appropriation of the using agency, or by directly billing a
using agency, according to a pricing system to be established by
the Director.
(3) City Gasoline Fund - There is hereby established a separate internal
service fund which shall be known as the City Gasoline Fund.
(a) Accountinp_Procedure - Requisitions for gasoline shall be credited
to the City Gasoline Fund by a charge against the appropriation
of the using agency or by directly billing a using agency, according
to a pricing system to established by the Director.
(4) Internal Service Funds Accounting - The Director shall account for the
internal service funds created by this section according to guidelines
established by the Governmental Accounting Standards Board Statement
No. 1, Government Accounting, Auditing and Financial Reporting (GAAFR)
1980 Blue Book and revisions thereof.
SECTION 14 EMERGENCY PURCEASES
(1) By Director - In case of an apparent emergency which requires
immediate purchase of supplies or contractual services, the Mayor
shall be a mpowered to authorize the Director to secure by open
market procedure as herein set forth, at the lowest obtainable
price, any supplies or contractual services regardless of the
amount of the expenditure, provided quotes are invited from two
(2) or more persons known to deal in the materials required, in
accordance with I.C. 36 - 1-9 - 11.
(a) Recorded Explanation - A full report of the circumstances
of an emergency purchase shall be filed by the Director with
the Board of Public Works and Safety or the Board of Sanitary
Co m missioners and shall be entered in the minutes of the
respective Board and shall be open to public inspection.
(2) By heads of Depart ae_ats - Li case of actual emergency, the head of
any using agency may purchase directly any supplies whose im mediate
procure went is essential to prevent delays in the work of the using
agency which may vitally affect the safety or convenience of citizens,
provided that such head must first obtain the consent of one of the
following additional persons to such purchase: the Mayor, City
Controller, Purchasing Director, Director of Public Works, City
Attorney, President of Com mon Council., President of the Board of
Public Works and Safety, Sanitary District Administrator or an official
of any applicable federal funding agency.
to the Director a requisition and a copy of the delivery record
together with a full written report of the circumstances of the
e m ergency. The report shall be filed with the Board of Public
W arks and Safety or the Board of Sanitary Co m missioners as
provided in subsection (1) (a) above.
(b) E mergency Procedure - The Director shall prescribe by rules and
regulations the procedure under which emergency purchases by
heads of using agencies may be made.
SECTION 15. INSPECTION AND TESTING - The Director shall inspect or authorize
the inspection of all deliveries of supplies or contractual services to
determine their conformance with the specifications set forth in the
order or contract.
(1) Inspection by Using Agency - The Director shall have the authority to
authorize using agencies having the staff and facilities for adequate
inspection to inspect all deliveries made to any using agencies under
rules and regulations which the Director shall prescribe.
(2) Tests - The Director shall have the authority to require chemical and
physical tests of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and conformance with
the specifications. In the performance of such tests, the Director
shall have the authority to make use of laboratory facilities of any
using agency or of any outside laboratory, and to assess, or pro -rate
the assessment of costs for such testing against the using agency
which is to receive the tested supplies where no provision is made in
the contract with the vendor for the vendor to bear such costs.
SECTION 16 COOPERATIVE PURCHASING - The Director shall have the authority to
join with other units of government in cooperative purchasing plans when
the hest interests of the City would he served thereby, subject to the
provisions of Section 4 (3) (1) of this Ordinance.
SECTION 17. CONSTRUCTION WITH STATE LAW - The provisions a£ this Ordinance
are intended to supplement Indiana Code Chapters 36- 1-9 (Purchasing and
Leasing Materials), 36- 1- 11-(Disposal. of Property), and 35- 1- 12
(Public Work Projects), which chapters shall prevail in the event of conflict
with any provision of this Ordinance.
SECTION 18. CONSTRUCTION WITH REGARD TO CONTRACTS AND
PROCUREMENT SUPPORTED BY FEDERAL FUNDS - It is the
specific intent of the Coin coon Council in adopting this Ordinance to
enact a procurement system which meets the standards governing state
and local grantee procurement as regards procurements and contracts
supported by Federal funds and which is certifiable by Federal grantor
agencies. Therefore, as regards such procurements and contracts, the
provisions of this Ordinance are intended to be construed as compatible
with the fulfilling the requirements contained in Attachment 0 of Office
of Management and Budget Circular No. A- 102, Revised, contained in
Federal Register VoL 44, No. 159, pages 47874 to and including 47878;
and such additional requirements as are contained therein which may
be required for such certification are hereby adopted and incorporated
herein by reference as regards contracts and procurements supported by
Federal funds wherein the City or a using agency is a grantee, including
but not limited to the following provisions of the Procurement Standards
contained in such attachment:
( 1) Section S. Procurement Procedures
(2) Section 9. Contracting with Small and Minority Firms, Women's
Business Enterprise and Labor Surplus Area Firms.
(3) Section 12. Contract Pricing
(4) Section 13. Grantee Procurement Records
(5) Section 14. Contract Provisions
SECTION 19. EFFECT ON BOARD OF PUBLIC WORXS AND SAFETY - No provision
herein shall be deemed to limit the powers of the Board of Public Works
and Safety as defined in state law.
SECTION 19. EFFECT ON BOARD OF PUBLIC WORKS AND SAFETY - No provision
herein shall be deemed to limit the powers of the Board of Public Works
and Safety as defined in state law.
SECTION 20. PENALTIES - See Section 10.99 of the Code of. Ordinances of the
City of Richmond, Indiana.
SECTION 21. SEPARABILITY - If any provision of this ordinance as now or later
amended or its application to any person or circumstance is held
invalid the invalidity does not affect other provisions that can be
given effect without the invalid provision or application.
SECTION 22. ORDINANCES REPEALED - This Ordinance, from and after its
effective date, shall contain al-1 of the provisions of a general nature
pertaining to the subjects herein enumerated and embraced. All
prior ordinances pertaining to the subjects treated by the ordinance
shall be deemed repealed from and after the effective date of this
ordinance.
PASSED AND ADOPTED by the Com mon Council of the City of Richmond, Indiana,
this �V k day of % Y7 1985.
T
Pre dent of Co m m on Council
ATTEST:
City C rk
Presented by m e to the M ayor of the City of Rich m ond, Indiana this
of Y22 � , 1485.
i
Approved by m e, Frank H. W alter m ann, M ayor of the City of Rich m ond, Indiana, this
o?�?rr�dday of222a&J., 1985.
IF
Maynr
ATTEST: 22J�w-���-/�
City C�ley:k f
10
CITY OF RICHMOND
R
50 NORTH FIFTH STREET
u O RICHMOND, INDIANA 47374
TELEPHONE (317) 966-5551
�Y
�HOiANP
April 23, 1985
Common Counci 1
FRANK H. WALTERMANN
M-
KENNETk-i E. BARPEN
CITY AT --
RE- TECHNICAL AMENDMENT TO ORDINANCE NO. 35-1985
REGARDNG CENTRAL PURCHASING DEPARTMENT OF THE CITY OF
RICHMOND
Dear Council,
Due to a technical error in Section 10 of this ordinance, please make the
following amendment at the second reading of this ordinance:
On page five (5) Section 10 Introductory Paragraph - insert after
the third (3) line the following language:
"the lowest responsible bidder, after due notice inviting proposals,
in accordance with Indiana Code I.C. 36-1-9-3. All sales of personal
property which have become obsolete and unusable, when the estimated
value shall equal or exceed Five Hundred ($500.00) dollars shall be sold by
auction, after due notice."
Delete the language "The First one official newspaper in the city,
at least seven Q) days apart and the final notice published at least ten
(10) days proceeding the last day set for the receipt of proposals, as
provided in I.C. 5-3-1-2."
We apologize for any inconvenience in this error and we appreciate your
prompt attention to this matter at the second reading of the ordinance.
Sincerely,
A,—
�enneth E. Barden
City Attorney
KE@/bd
cc: City Controller; Rita Stout; File
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