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HomeMy Public PortalAboutORD-CC-2008-38n ORDINANCE #2008-38 AN ORDINANCE AMENDING TITLE 2.28, OF THE MOAB MUNICIPAL CODE REGARDING PURCHASING PROCEDURES WHEREAS, flexibility in purchasing and procurement procedures is needed to obtain the most competitive and financially advantageous services available; and WHEREAS, the procurement of construction services in a small market area necessitates the ability to make exceptions to purchasing policies to facilitate a competitive process and obtain services at a lower cost; and WHEREAS, the increases in the costs of services and materials during the past several years has necessitated the need for increasing purchasing bid/quote limits; NOW THEREFORE, WE, the Governing Body of the City of Moab do hereby ordain the following: That Title 2.28 shall be amended as follows and 2.28.041 shall be added as detailed by the attached document: PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in open session this 28th day of October, 2008. This ordinance shall take effect immediately upon passage. NEST: ( L'� �Q/' Rachel Ellison Dave Sakrison Mcab City Recorder Mayor of Moab City Page 1 of 7 10/30/2008 Ordinance #2008-38 Chapter 2.28 PURCHASING AGENT Sections: 2.28.010 Establishment -Appointment -Designated. 2.28.020 City recorder supervision. 2.28.030 Purchasing procedure -Generally. 2.28.040 Purchasing procedure --Securing competitive proposals and bids. 2.28.041 Unresponsive bidders for three proposal requirement 2.28.042 Bid security, performance and payment bonds. 2.28.045 Purchasing procedures --Exceptions. 2.28.050 Purchasing procedure --Certification and approval of bills. 2.28.060 Responsibility for supplies and equipment. 2.28.070 Records to be kept 2.28.010 Establishment--Appointment--Designated. There is established the office of purchasing agent, and the person holding such office shall be designated as the purchasing agent of the city. S/he shall be appointed by the mayor with the advice and consent of the city council. Until otherwise provided for by resolution, the city recorder shall be ex officio purchasing agent of the city. (Ord. 84-03 § 1, 1984: prior code § 2-50) 2.28.020 City recorder supervision. The purchasing agent shall in all things pertaining to his office, and in the discharge of the duties thereof, be under the direction, control and supervision of the city recorder. (Prior code § 2-51) 2.28.030 Purchasing procedure --Generally. The purchasing agent shall make the purchase of supplies and materials for the use of the city, when authorized by the city council, and the mayor and city recorder shall let all contracts for labor to be performed for the city, in cases where the letting of contracts is necessary. Requisitions shall be made for all purchases to be made as provided in this chapter and such requisitions shall be approved in writing by the heads of the departments for which the same are required. Such Page 2 of 7 10/30/2008 Ordinance #2008-38 requisitions shall constitute the authority for all purchases and contracts to be made under the provisions of this article, and shall be filed in the office of the purchasing agent. The health officer shall make all purchases for the department of health for all medicinal, preventative and curative supplies and materials, and such other supplies and materials as require a technical knowledge of medicine, pharmacy or chemistry in their manufacture or preparation for use. The purchasing agent is empowered to sell scrap iron and such other materials belonging to the city as are not available to use. S/he shall make such sales upon terms most advantageous to the city, and to this end, S/he shall procure competitive offers from at least three persons and S/he shall accept in every case the highest cash offer. (Prior code § 2-52) 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 cases involving the expenditure of sums between seven and fifteen thousand, the department head shall ensure that at least three providers of services and/or products have been contacted to obtain pricing. All quotes received will be filed with the requisitions. If the providers decline or fail to provide pricing, documentation of pricing solicitation 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 fifteen thousand dollars and below twenty-five 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 expenditures of sums in excess of twenty-five thousand dollars, the purchasing agent must advertise and solicit sealed bids as provided under current procurement guidelines. (Ord. 06-07 (part), 2006: Ord. 05-04 (part), 2005: 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) Page 3 of 7 10/30/2008 Ordinance #2008-38 2.28.041 Unresponsive bidders for requirement. In cases involving the expenditure fifteen thousand dollars and below dollars for construction projects, three proposal of sums in excess of twenty-five thousand if fewer than three proposals are received by the proposal submittal deadline and the department head provides sufficient documentation that requests for proposals have been sent to either five providers or all local providers of the service to be procured, the three quote requirement may be waived by the purchasing agent if the quotes received are deemed to be competitive and fair. 2.28.042 Bid security, performance and payment bonds. A. A bid security bond is required on all construction projects in excess of fifty thousand dollars. Bid security shall be in an amount equal to at least five percent of the bid. B. Payment and performance bonds in the amount of one hundred percent of the contract price are required for all construction contracts in excess of fifty thousand dollars. Performance and payment bonding requirements shall be outlined in bidding and contract documents. C. Waiver of Bonding. The city manager and purchasing agent may elect to waive all or part of the bonding requirement if they find that bonds cannot reasonably be obtained for the work involved and if the city manager and purchasing agent determine that there exists other reasonable assurances that adequately substitute for construction guarantees to protect the city for individual construction projects. This staff level waiver may be applied to projects between fifty thousand dollars and four hundred ninety-nine thousand nine hundred ninety-nine dollars. Findings made pursuant to this section shall be in writing. D. Alternative Security. Where the city elects to waive or alter bonding requirements, the construction contract awarded by the city shall contain one or more alternative security mechanisms to secure performance by the contractor and/or payment to subcontractors, laborers, or material suppliers, which may include, but are not limited to: 1) an irrevocable letter of credit payable to the city; 2) a deed of trust, security agreement, deposit account at a financial institution, or similar collateral interest pledged to the city; or 3) joint payee checks or other disbursement controls by the city. In every contract Page 4 of 7 10/30/2008 Ordinance #2008-38 where there is any waiver of bonding requirements, or where no bonding is required, the general contractor, subcontractors, laborers, and material suppliers providing labor, equipment, or services under the contract shall be required to execute payment waivers extinguishing claims against the city, in a form acceptable to the city, contemporaneous with disbursement of all progress payments, and at final completion. (Ord. 06-07 (part), 2006) 2.28.045 Purchasing procedures --Exceptions. A. For cases between twenty-five thousand dollars and fifty 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 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 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; Page 5 of 7 10/30/2008 Ordinance #2008-38 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 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. 06-09, 2006: Ord. 05-04 (part), 2005) 2.28.050 Purchasing procedure --Certification and approval of bills. The purchasing agent shall receive all bills for supplies, materials and labor furnished upon order issued by him and shall certify to their correctness as to price, extension and totals. S/he shall present the same to the heads of the departments receiving such supplies, materials or labor for certification and approval, and when so certified and approved, the bills shall be presented to the city council for approval and shall then be paid as other bills of the city. (Prior code § 2-54) Page 6 of 7 10/30/2008 Ordinance #2008-38 2.28.060 Responsibility for supplies and equipment. The purchasing agent shall be responsible for the care of all stock purchased by him, and shall issue the same upon requisition approved in writing by the heads of the several departments, or by such employees as may be designated in writing by the heads of departments. S/he shall charge to the departments the supplies so furnished at their cost price, and shall render monthly statements to the heads of the departments of the amount charged to the respective departments. S/he shall also present to the city recorder monthly statements showing the total cost of supplies furnished to each department from stock on hand, and the amount thus stated when certified to be correct by the heads of the several departments shall be charged to funds appropriated for the use of such department. All books, blanks and forms pertaining to the accounting system of the city shall be submitted to the city recorder and approved by him before being purchased by the purchasing agent; and the purchasing agent shall from time to time, submit to the city council requisitions and estimates for supplies necessary to be carried in stock for use of the several departments of the city. (Prior code § 2-55) 2.28.070 Records to be kept. The purchasing agent shall keep books of record of all purchases made by his department, and of all contracts let under the provisions of this chapter. (Prior code § 2-56) Page 7 of 7 10/30/2008 Ordinance #2008-38