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Section 13-5 Purchasing.

(a) General supervision. The utilities committee shall have general supervision of all purchasing and sales or disposal of surplus or unserviceable equipment for the utilities systems.

(b) Overall supervision. The superintendent in his capacity as purchasing agent shall have overall supervision of all purchases of supplies, services, and equipment and of all disposal of surplus or unserviceable equipment for the utilities systems.

(c) Competitive bids. All purchases shall be authorized and approved by the superintendent and all purchases in excess of five thousand dollars ($5,000.00) shall be on competitive bid except as hereinafter provided. Bids shall be advertised as hereinafter required or request for informal bids mailed to competitive concerns. Informal bids may be taken for and the superintendent is authorized to purchase any amount of supplies and inventory for installation by the city's own employees, and in the case where it is advantageous to furnish materials and supplies to the city's contractor for installation.In lieu of the sealed bid process the Utilities Superintendent may authorize the use of the reverse auction process.

(d) Supplies, equipment or services available from only one source. Repair parts, emergency procurements, unique professional services, equipment or materials available from only one (1) source shall not require competitive bids irrespective of the amount. In all purchases available from only one (1) source, or where quality as well as price is involved, the superintendent or in matters involving over fifteen thousand dollars ($15,000.00), the utilities committee, shall in their sole discretion make all determinations with respect to the purchase. The award of any contract shall constitute approval of payment therefor in accordance with the terms of said contract. The superintendent may authorize emergency purchase of any repair parts, supplies or services providing that he shall file written justification for such emergency in matters of more than fifteen thousand dollars ($15,000.00).

(e) Current bid list; time limit for bidding. Any legitimate supplier may be placed on the current year's bid list for his products by making such requests each year to the purchasing agent in writing. The time required to enable free and open competition in bidding shall be at the discretion of the purchasing agent except where formal advertising is required. Where formal advertising is required, such advertisement shall be run once during each of the seven (7) days prior to the opening of the bids in a daily newspaper published in the city.

(f) Manner of advertising for competitive bids or proposals. Prior to the awarding of a contract for construction work or equipment manufactured to the city's specifications or the issuance of a purchase order for new equipment such as trucks, tractors, ditches, office machinery, etc., of more than fifteen thousand dollars ($15,000.00), the purchasing agent shall advertise in a local newspaper as previously specified, inviting sealed bids or proposals to be submitted by responsible offerors. Such bids or proposals shall be received by the purchasing agent at any time prior to the time set for their opening. All of any bids received shall be opened and read at the time and place designated in the advertisement. Any competitive proposals shall be opened for consideration, but not for disclosure of contents, until final proposals. The superintendent shall be empowered to receive and open bids or proposals. The superintendent shall have the authority to waive formalities related to the opening of bids or proposals.

(g) Consideration of bids or proposals. After the opening and reading of all bids submitted, the superintendent of the utilities department together with the department staff or consultants, will make recommendations together with a tabulation of all bids to the city council in a regular or called meeting. The city council may waive any informalities as they see fit and will award the contract to such offeror as the city council may consider in the best interest of the city or may reject any or all bids.

(h) Absence of proper bids. In the event that no bids are received after proper advertising, then the city council may empower the superintendent to negotiate with any qualified person or firm.

(i) Competitive sealed proposals. The superintendent may solicit competitive sealed proposals and negotiate specifications of such proposals when he determines that competitive sealed bids are impractical or not in the best interest of the city. Adequate public notice of requests for proposals shall be given in the same manner as required for bids in section 13-5(e). The superintendent or in matters involving over twelve thousand dollars ($12,00000), the city council shall have sole discretion to award contracts to qualified proposers.

(j) Maintenance of records. All bids for supplies, services, or equipment purchased by the utilities department shall be kept on file in that department for a period of two (2) years where they may be inspected at any time during regular office hours by any citizen of the city.

(Code 1958, 18-4.1; Ord. of 4-14-86(2); Ord. of 6-30-99)

(2005 [13-05(c)], Amended, 03/14/2005, Prior Text; 1999 (13-05), Amended, 06/30/1999, Prior Text)