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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