HomeMy Public PortalAboutORD-CC-2003-07ORDINANCE #2003-07
AN ORDINANCE AMENDING TITLE 2, OF THE MOAB MUNICIPAL CODE
REGARDING PURCHASING PROCEDURES
WHEREAS, the Moab City Council finds that it is in the interest of the
community's economy to encourage buying products and services locally ; and
WHEREAS, a policy establishing conditions allowing for a local's preference
within Moab City's Purchasing Policy is needed;
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:
Chapter 2.28
2.28.040 Purchasing procedure --Securing competitive proposals and bids.
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.
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 requisition, provided the department head shall have
Ordinance #2003-07 Page 1 of 2
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 20 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 $9,999.99 will be approved
or denied by the Purchasing Agent. Purchases in excess of $10,000.00
will be approved or denied by the City Council.
3) The total amount of the local's preference cannot exceed more than 5% of
the lowest competitive bid/price received;
4) The total amount of the local's preference cannot exceed $25,000.00 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. 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. 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 July 2003. This ordinance shall take effect
immediately upon passage.
CITY F MOAB
C� 1
ayor David L. ‘Sakrison
Rachel Ellison
City Recorder
Ordinance #2003-07
Page 2 of 2
ORDINANCE
#2003-07
AN ORDINANCE
AMENDING TITLE 2,
OFTHE MOAB
MUNICIPAL CODE
REGARDING
PURCHASING
PROCEDURES
WHEREAS, the
Moab City Council
finds that it is in the in-
terest of the
community's economy
to encourage buying
products and services
locally ; and
WHEREAS, a policy
establishing conditions
allowing for a local's
preference within
Moab City's Purchas-
ing Policy is needed;
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:
Chapter 2.28
2.28.040 Purchasing
procedure- Securing
competitive proposals
and bids.
2.28.040 Purchasing
procedure- Securing
competitive proposals
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 he 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
gent 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-
vided under current
procurement guide-
lines.
i�
safety, the purchasing
agent may authorize •A. For cases be-
tween ten thousand
dollars and twenty
thousand dollars in -
requisitions for expen-
ditures without first
complying with the pro-
posal or bid provisions volving essential pub -
of this chapter. In the lic works projects, and
event of any such approved in advance
emergency situation, by the city manager
the purchasing agent and purchasing agent,
shall assure that the the sealed bid require-
ment may be waived,
providing that the pur-
chasing agent procure
proposals in writing
from at least three bid-
ders, as specified in
this section. All other
exceptions to purchas-
ing procedures require
city council approval.
B. Essential public
works projects shall in-
clude projects related
to the maintenance
and operation of the
water and sewer sys-
tem, 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 require-
ment that competitive
proposals accompany
the requisition, pro-
vided the department
head shall have made
reasonable efforts to
identify or obtain an al-
ternative provider or
bidder for the goods or
services. '
D. Notwithstanding
the requirements of
this chapter, where
there exists an emer-
gency situation involy-
! ing a threat to public
• health welfare nr
F. Procurements by
procedures other than
as specified in this
chapter shall be al-
lowed only upon good
cause shown, and by
approval of the city
council. (Ord. 99- 10,
1999: Ord. 97-09,
1997: Ord. 84-03 §2,
1984: prior code §2-53)
P A S S E D,
ADOPTED AND AP-
PROVED by the Gov-
erning Body of the City
of Moab in open ses-
sion this 22nd day of
July 2003. This ordi-
nance shall take effect
immediately upon pas-
sage.
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 received by
the City, a preference
may be granted to lo-
cal providers of prod-
ucts 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 20
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 $9,999.99 will
be approved or denied
by the Purchasing
Agent. Purchases in
excess of $ 10,000.00
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 5% of the
lowest competitive bid/
price received;
4) The total amount
of the local's prefer-
ence cannot exceed
$25,000.00 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;
Attest:
Rachel Ellison
City Recorder
Published in The
Times -Independent,
Moab, Utah August 7,
ab o3
CITY OF MOAB
David L. Sakrison
Mayor
sF P 2, 2:N3
Prooi of Publication
STATE OF UTAH,
County of Grand,
ss.
1
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
Ordinance 2003-07
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 Aug . 7 , 2003
;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.
Co -Publisher
Subscribed and sworn before me this
My Co
Notary Public
Residing at Moab, Utah
THOMAS S. TAYLOR
MOTRIVIIBLIC,STATEoIUTAH
29 EAST CENTER
MOAB, UT 84532
COMM. EXP. 10-17-2004