§ 33.05 PURCHASES FROM CITY EMPLOYEES AND OFFICIALS.
It is the policy of the city that any employee or elected official of the city is prohibited from contracting, either as an independent contractor, subcontractor or vendor, either in writing or by oral agreement or understanding, to provide public works, supplies and/or services to the city. This prohibition does not apply to the reimbursement of city employees or elected officials for travel expenses and for small purchases of supplies or services made on behalf of and for the convenience of the city. Also, this prohibition does not apply to transactions where an employee or elected official of the city contracts directly with a property owner or lessor for work that is partially paid by a grant or reimbursement from the city.
(Ord. 827, passed 10-23-06)
PROCUREMENT PROCEDURES
§ 33.10 PURCHASES EXCEEDING $20,000.
(A) Purchases of public works, supplies and services exceeding $20,000 shall be made through a formal bid process or an alternative procurement procedure, as provided by state law, that provides due diligence and reasonable assurance of compliance with the state law and the objectives of this chapter. In all cases, purchases exceeding $20,000 shall be approved by the City Council prior to the award of a contract.
(B) Procurement procedure.
(1) The City Manager shall review the need for the purchase, review budget and expenditures to verify that appropriated funding is available.
(2) The City Manager, or designee, shall prepare an explanation of the need, the specifications, a cost estimate and any documents required for the solicitation of bids or proposals and identify the source of funding.
(3) The City Manager shall notify the City Council at a City Council meeting of the need for the purchase, estimated cost and source of funding.
(4) If the City Council does not object to the purchase, the City Manager will follow the appropriate procurement procedure to solicit and obtain bids, quotes or proposals, as required by state law.
(5) If a formal bid procedure is required, or desired, for the purchase, the City Manager will instruct the City Clerk to publish a notice of call for bids in a newspaper of general circulation by at least one insertion which shall be published at least ten days prior to the time designated for the opening of bids. The notice shall include a general description of the public works, supplies or service to be purchased, shall state the time, date and place of the bid opening and shall designate where and when bid documents may be obtained.
(6) If a formal bid procedure is used, bids shall be opened, tabulated and analyzed by the City Manager, or designee, and reported to the City Council for award of the contract to the lowest responsible bidder who meets the bid specifications in accordance with state law. If an alternative procurement procedure is used, the City Manager shall provide a written report and recommendation for award of the contract to the City Council. This report shall justify the cost and terms of the contract and demonstrate that due diligence was exercised in the procurement process.
(Ord. 827, passed 10-23-06)
§ 33.13 EMERGENCY PURCHASES.
In the event of an immediate threat to the public health and safety of the city, its citizens and/or public or private property, the City Manager, based on his or her professional judgment and discretion, may authorize emergency purchases which serve to protect such persons and/or property, but which may not comply with provisions of this chapter. As soon as practicable after such emergency purchase(s) is made, the City Manager shall submit a written report to the City Council describing the reason for the emergency purchase(s), the supplies and/or services purchased, the cost of the emergency purchase(s) and the provisions of this chapter which were superceded.
(Ord. 827, passed 10-23-06)
