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HomeMy WebLinkAbout074 - 09/20/1973 - CREATING THE DEPARTMENT OF PURCHASES AND THE POSITION OF CITY PURCHASING AGENT AND ESTABLISHING BIDD ORDINANCE NO 74 1973 BEING AN ORDINANCE CREATING THE DEPARTMENT OF PURCHASES AND THE POSITION OF CITY PURCHASING AGENT AND ESTABLISH ING BIDDING AND PURCHASING PROCEDURES FOR THE CITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Pursuant to Section 5 of Article II and Section 29 of Article V of the Charter of the City of Fort Collins a Division of Purchases is hereby established in the General Administrative Services Department of the City Such Division shall be the purchasing agent for all departments and other agencies of the City Section 2 The position of City Purchasing Agent is hereby established and the Purchasing Agent shall be the head of the Division of Purchases He shall be appointed in accordance with the personnel rules of the City and shall have all powers and duties prescribed by this Ordinance Section 3 The City Purchasing Agent shall have the power and it shall be his duty to purchase or contract for all supplies and contractural services needed by any department or other agency of the City in accordance with purchasing procedures as prescribed by this Ordinance the City Charter and such rules and regulations as may be promulgated or approved by the City Manager Except as may be otherwise provided by law 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 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 Section 4 The City Purchasing Agent shall prepare and secure with the cooperation of the other departments and agencies of the City standard and written specifications for supplies generally used by and kept on hand for the various branches of the City Government The Purchasing Agent shall in conforming with the provisions of this Ordinance purchase I such supplies and the same shall be maintained for the use of the various departments and agencies of the City upon their requisition Section 5 Except as otherwise provided in this Ordinance purchases shall be made only after complying with the bidding procedure set forth herein A Before making any purchase the Purchasing Agent shall cause to be prepared written specifications detailing the City s requirements on the item to be purchased The Purchasing Agent may request other departments or agencies of the City to prepare specifications for purchases which will be made primarily for such department or agency All specifications shall be clear, free of ambiguity and shall provide a sound basis for competitive bidding In the case of specifications prepared primarily for a purchase for a specific department or agency of the City the same shall be approved by both the Purchasing Agent and the head of the department or agency concerned before being submitted to bid In case the Purchasing Agent and other department or agency heads do not agree the matters shall be referred to the City Manager through the head of the Department of General Administrative Services for final determination 2 i I B The Purchasing Agent shall maintain a bidders' list which shall be the basis for submitting invitations to bid Any person desiring to receive invitations for bid from the City may submit his name for inclusion on such list together with such prospective supplier's mailing address telephone number and the type of goods such prospective bidder would propose to supply Any such submitted name shall be included by the Purchasing Agent on the bidders' list but the Purchasing Agent shall have the authority to strike names from such list for good cause in accordance with rules i and procedures to be established in the purchasing manual Such rules and procedured shall be submitted to and approved by the council before final adoption C Such specifications shall be available to any person desiring to bid on the item to be purchased The Purchasing Agent shall also solicit bids from all prospective suppliers on the bidders' list which the Purchasing Agent shall maintain by sending such suppliers a copy of the specifications and an invitation to bid Invitations sent to suppliers on the bidders' list shall be limited to those suppliers ordinarily handling commodities similar in character to those to which the invitation relates The Purchasing Agent shall further submit an invitation to bid to any other supplier who the Purchasing Agent feels would be capable of submitting a bid and supplying the item to be purchased D The notice inviting bids shall set forth the time within which the bids must be submitted and the procedures to be followed in receiving and opening all bids When deemed necessary by the Purchasing Agent bid 3 deposits shall be required and the notice inviting bids shall describe the bid deposit requirements Unsuccessful bidders shall be entitled to the return of their surety where the Purchasing Agent has required bid deposits and a successful bidder shall forfeit any surety required by the Purchasing Agent upon failure on such successful bidder's part to enter into a contract within fifteen (15) days after the award E Bids shall be submitted sealed to the Purchasing Agent and shall be identified as bids on the envelope containing the same All i bids shall be opened in public at the time and place stated in the invitation to bid A tabulation of all bids received shall be available for public inspection in the office of the Purchasing Agent at all reasonable tunes F The Purchasing Agent shall have the authority to reject all bids parts of all bids or all bids for any one or more supplies or services included in the proposed contract when the public interest will be served thereby The Purchasing Agent shall not accept the bid of a contractor who is in default on the performance of any other contract with the City or in the payment of any taxes licenses or other monies due to the City G The Purchasing Agent shall have the authority to award any contract to the person submitting the lowest bid therefor which meets the specifications provided that in the case of an item to be purchased primarily for the use of a specific department or agency of the City the head of such department shall also approve such award of the bid before an award is made In the event the Purchasing Agent (or the department 4 i head concerned in the case of a purchase requiring such department head's approval) determines that the low bidder should not receive the contract, he shall submit the bids and his recommendation and any recommendation of the head of any department concerned to the City Manager and in the event the City Manager determines that the award should be made to the low bidder then the Purchasing Agent shall so award the contract In the event the City Manager determines that the contract should not be let to the low bidder he shall submit the bids received and his recommendation and the recommendation of the Purchasing Agent and any department head concerned to the City Council for their final determination In determining whether an award should be made to the low bidder the Purchasing Agent, the department head concerned and the City Manager shall consider the following (1) The ability capacity and skill of the bidder to perform the contract or provide the services required (2) Whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference (3) The character, integrity reputation judgment, experience and efficiency of the bidder (4) The quality of performance of previous contracts or services (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service (6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service 5 (7) The quality, availability and adaptability of the product supplies or contractural services to the particular use required (8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract (9) The number and scope of conditions attached to the bid H In any case where two or more bids are received for the I same total amount or unit price the low bidder shall be determined by drawing j lots in public i Section 6 In any case where it is determined in accordance with i the provisions of this Ordinance that only one supplier is available to supply a particular item to be purchased for the City the Purchasing Agent shall have the power to negotiate a purchase from such sole supplier in accordance with the provisions hereof A Before proceeding to negotiate a purchase pursuant to this provision the head of the department having jurisdiction over the agency for which the purchase is to be made shall file with the City Purchasing Agent a sole source justification establishing that only one supplier can provide the item to be purchased and that no substitute item is available which would accomodate the needs of the department or agency for whom the purchase is to be made The purchasing agent shall submit such sole source justification to the City Manager who shall approve or reject the same If such sole source justification is approved the Purchasing Agent shall proceed to negotiate the purchase of the item requested but before commiting 6 to purchase the same shall submit the result of his negotiations to the City Manager and obtain his approval therefor Any justification previously approved by the City Manager may be used as the basis for a negotiated purchase of additional quantities of the same item at any time within the period of two (2) years from the date of approval by the City Manager After such time the sole source justification must be resubmitted and reapproved by the City Manager before additional purchases are made thereunder The City Manager may if he believes it necessary limit his approval of a sole i source justification to a specific number of purchases or for a shorter period of time than two (2) years in which case such limitation shall control B Notwithstanding anything to the contrary in the foregoing subparagraph A, no purchase of any item negotiated pursuant to a sole source justification costing more than $10 000 00 shall be made until approved by the City Council in open Council meeting Section 7 The Purchasing Agent shall further have the power to negotiate purchases of supplies and services in the following cases where it is not practical to secure the purchase of such item by formal bid procedure, to wit A Supplies or services the availability of which is so limited tnat the normal bid process cannot be used or will result in substantially higher costs to the City B Perishable items 7 i I C Items which require substantial plant investment on the part of the supplier D Purchases made of items requiring a particular decorative effect or purchases based on particular individual usage or professional advice I Before a purchase is made pursuant to this Section 7, a justification for this type purchase shall be submitted to the City Manager for his approval in the same manner as a sole source justification in the case of a purchase made pursuant to Section 6 above and the purchase shall be made subject to all the requirements which would apply in the case of a sole source purchase Approval of any purchase hereunder may be used as the basis I for further purchases at any time within two years after the approval unless the approval provides for a listed period of time or restricts the number of purchases to some specific number Section 8 The Purchasing Agent shall have the authority to join with otner units of government in cooperative purchasing plans when the best interests of the City would be served thereby Bids received by any other governmental agency shall be the equivalent of bids received by the City of Fort Collins and may be the basis for any purchase by the City Section 9 In any case where the City has within the preceding twelve months received bids for the purchase of any item the Purchasing Agent ma) ne&-ti I I I uu eosful low bidder of such item for the further purchase of the same material previously bid No purchase shall be made pursuant hereto at a price higher than the previous bid of the 8 M supplier Section 10 In case of an apparent emergency requiring immediate purchase of supplies or contractural services the City Manager shall have the power to authorize the Purchasing Agent to secure by informal bid procedure at the lowest obtainable price any supplies or contractural services regardless of the amount of the expenditure Such informal bid procedures shall to I the extent possible consist of obtaining quotes from at least three suppliers of the material to be purchased either by telephone or otherwise and awarding the contract to the person supplying the lowest quote A full report of the circumstances of any such emergency purchase shall be made in writing by the City Manager to the City Council and the same shall be received by the City Council in open meeting and such report shall be open to public inspection at any time Section 11 The Purchasing Agent shall have the power to negotiate without bid for the purchase of any article or service not exceeding a cost of $1 500 00 Such negotiated purchases shall be made in the open market but wherever possible the purchasing agent shall obtain quotes from at least three suppliers for any item so selected and shall award the contract to the person supplying the lowest responsible quote after first taking into consideration the standards set forth in Section 5 The Purchasing Agent shall keep a record on all open market purchases and such record shall be open to public inspection Section 12 The rules and regulations to be adopted relating to purchasing hereunder may include provisions whereunder the Purchasing 9 Agent may authorize purchases of goods in the open market by other departments or agencies of the City, provided that such purchase shall not exceed a cost of $50 00 Such rules and regulations shall require that all receipts be filed with the Purchasing Agent and that any such purchases be from I a supplier approved by the Purchasing Agent Section 13 The City Manager shall have the power to authorize I the Purchasing Agent to approve a contract for services of a professional technical or consultive nature the major result of which would yield to j the City a report plan or similar document without regard to other provisions of this Ordinance No such contracts for services resulting in a cost to the City in excess of $10 000 00 shall be entered into until approved by the City Council in open Council meeting Section 14 Except in cases of emergency when authorized by the City Manager the Purchasing Agent shall not issue any order for delivery on a contract or open market purchase until the director of finance shall have certified that there is to the credit of the using agency concerned a sufficient unencumbered appropriation balance in excess of all unpaid obligations to defray the cost of such order Section 15 Any purchase order or contract made contrary to the provisions of this Ordinance shall be void and wholly without effect and shall not be binding upon the City of Fort Collins in any manner Section 16 Any case where formal bids are required by the provisions of this Ordinance and less than three bids are received by the Purchasing Agent no contract shall be awarded upon such bids except after a report 10 I' to and approval by the City Manager Introduced, cons eyed favorably on first reading and ordered published this/,a day of U 1973, and to be presented for final passage on the �2Qa day off� 1973 � yor ATTEST City Clerk Passed and adopted on final reading this day of 1973 My-or ATTEST ity er c 11