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HomeMy WebLinkAbout1968-02-26 74-V ORDINANCE74-v Introduced by Councilor irewn, Feb. 26, 1968 CITY OF BANGOR (TITLE.) MrMnmtrey Amending Chapter n, Article 9 of the Laws and ordinances R e rchasin1 .1s Be u ordained by W City Coux2 of she Citg ofBanyur, ao foU urs: That Chapter II, Article 9, be amended to read as follow: Sec. 1 Purchasing Department Created. In accordance with Article V, Section 2(a) of the City Charter, there is hereby established a Purchasing Department. Sec. 2 Definitions. For the purpose of this Article the following terms, phrases, words and derivations shall have the meaning given herein unless the context in which they are used clearly requires a different meaning. 2.1 Purchasing. Purchasing includes ,purchasing, renting, leasing or other- wise obtaining supplies or services. 2.2 Supplies. Supplies shall mean all supplies, materials and equipment. 2.3 Services. Services shall me all telephone, gas, ter, electrical and power service, nwater, towel service, laundry and cleaning service, leases o rentals of all groundsebuildings, offices, space or equipment required by the City, the repairint nonce of equipment o eat property owned by, or the responsibility of, the City and shall include all labor furnished to the City by persons, firms, individualsrcorporationsnot part of o connected with the City Government. It shall not include debt service, either the re- paynant of principal or the payment of Intereschargee. 2.4 Negotiate or Negotiation. Negotiation, when applied to the making of purchases, means any method of purchasing other than formal advertising. 2.5 Formal Advertising. Formal advertising and purchasing by sealed bid are synonymous and mass purchasing by competitive bids and awards involving the followng basic steps. 2.5.1 Preparation of the invitation for bide, describing the require- ments of the City clearly, accurately and completely, but avoiding a rily restrictive specifications o qui ements which might unduly limit the powder of bidders. (The term "incitation for bids"na the complete assembly of related documents (whether attached or incorporated by reference) far- nshed prospective bidders for the purpose of bidding){ 2.5.2 Publicizing the invitation for bids, through distribution to prospective bidders, posting in public places, ad- vertising in local news media, and such other means as may be appropriate for at least five calendar days prior to the time set for public opening of sealed bide; 2.5.3 Submission of sealed bids by prospective contractors; and 2.5.4 Awarding the contract, after the bids are e publicly opened i e n the pre of a member of the City Council, to that responsible bidder whose bid,tonforming to the invitation for bids, will be most advantageous the City, price and other factors considered. 2.6 Bids. Bidersealed bids responses to invitations for bide issued under formal advertising procedures. 2.7 ouctations. Quotations, quotes and proposalsaa informal replies (written, telephonic, wire, oral, etc.) to price queries made during the course of a negotiated purchase. Sec. 3 Functions and Policies The following shall be the basic functions and basic policies of this department. 3.1 Purchasing. It shall purchase all Supplies and/or services s for the v City and for the several officers and boards thereof, accepting the school department, which may or may not, at its option, utilise the facilities of this department. 3.1.1 Formal Advertising. Purchases shall be made by formal advertising whenever such method is feasible and practicable under existing conditions and circumstances. 3.1.1.1 Record of Bids. The Purchasing Agent shall keep a record of all bids submitted and such record shall be open to proper inspection by any in - retested person. 3.1.1.2 Preferential Treatment. Local vendors shell not be granted preferential treatment except if all bideme tacelved are for the a total Dunt o c unit price, qualitya and service equal. In such instances, their bide shall berpreferred over those of outside vendors. 3.1.1.3 Tie Bids. If tie bids are solved by preferential treatment for local vendors, ties shall be solved by the drawing of lots witnessed by a member of the City Council. 3.1.2 Negotiation. Notwithstanding the basic policy expressed in Bee. 3.1.1, purchases may be negotiated when one of the following circumstances is present. 3.1.2.1 Small Purchases. Chan the total dollar value of the purchase does not exceed $1,500. 3.1.2.2 Fmexgenciee. When the public exigency will not permit the delay incident to advertising. In such emergencies the City Manager, acting with the advice and approval of the Finance Committee, may authorize immediate negotiated purchase of supplies o services necessary eces ary to protect the best interests of the City, 3.1.2.3 Formai Advertising Impractical. When the purchase i of supplies or services for which it is impracticable o impossible to obtain competition. In such circuses tances the Purchasing Agent will prepare a written statement of the facts for the r and approval of the Finance Committee prior to hie entering into negotiations with a pro- spective contractor. 3.2 Negotiation Procedures and Policies. Negotiated procurements shall be on a competitive basis to the maximum practical extent. Whenever supplies o services are p[ocared by negotiation, price quotations or other evidence of reasonable prices and other vital matters deemed necessary by the Purchasing Agent shall be solicited from the maximum number of qualified sources of suppliesor ervice e consistent with the mature of and requirements for the supplies or a services to be purchased, in accordance with the basic policies act forth below. 3.2.1 Decentralized Purchases. At the discretion of, and subject to the review and approval of, the Pur- chasing Agent, department heads or their authorized represen- tatives may effect purchases in amounts not to exceed $50. Tne Purchasing Agent shall issue such rules and regulations and prescribe such forma as hedemms necessary to control such purchases. ma He y also permit department heads to order delivery of supplies o without monetary limitation, n those instance$ whereeservices, terms, conditions and con- tractors have been predetermined by his establishing open-end (estimated requirement type) contracts. 3.2.2 Purchases - Not to Exceed $250. When the Purchasing Agent con- siders prices to be fair and reasonable and the total amount of a purchase does not exceed $250, proceduresm and doc entation will be simplified t the mum degree possible. He shall establish such rules of procedure for such purchases a as he Posts necessary to insure against abuse of the public's beat interest 3.2.3 Purchases - $250 to $1.500. Negotiated purchases exceeding $250 but not exceeding $1,500 is total cost will be supported by a record ofprice quotations from three competitive sources or adequate explanation jus tifyi¢g the absence of such competition. Such quotations my be ob- tained in writing, verbally, or by such other me ma ay be prescribed by the Purchasing Agent a appropriate to the eir come tames. 3.2.4 Purchases exceeding $1,500. Negotiated purchases exceeding $1,500 in veins, as permitted by sections 3.1.2.2 and 3.1.2.3, most be approved by the Finance Committee prior to award. Request for such approval will be accompanied by a full statement of facts justifying the re- commendation for award. 3.3 Requisitions. Purchases Involving the immediate encumbrance of City funds shall be made only on a written requisition sub- mitted by the head of the requesting department, in such form as pre- scribed by the Purchasing Agent. Requisitions involving the expen- diture of $50o or more shall bear the written approval of the City Manager. 3.4 Appropriation Required. No purchase of supplies or services not provided for in theannual appropriation resolve shall be made unless by specific order of the City Council. Signature of the initiating department head and, when required, the City Manages n the requisition shall be evidence to the Purchasing Agent that foods have been provided. 3.5 Sale of Property. It shall conduct the sale of all municipal property which may be unfit or for which the City hue as further use, on the written request of the responsible department head. 3.5.1 Sale Procedure. The estimated dollar value of the sale will control the procedure to be utilized in es- sentially thesame a purchase ; i.e.,sales estimated f toexceed $250 cancer value will follow procedurensection 3.2.2; sales eeding $250 but notexceeding $1,500i value will follow procedures in section 3.23; sales estimated to exceed $1,500 in value will be formally advertised. 3.6 unauthorized Purchases. Except as herein provided, or as may be spe- cifically authorized by the City Council he the Purchasing Agent, it shall be unlawful for any City employee or official to purchase any supplies o other than through the Purchasing Department and in accordance with this Ordinance. 3.7 Conflict of Intereaq No person authorized to act on behalf of the City shall enter into any agreement, contract, purchaseorder, etc., with any individual, firm, corporation, argent- zaciov.,ec ., in which said person has a financial interest. 3.7.1 Gifts and Gratuities. The Purchasing Agent aM every officer and employee of the City a expressly prohibited from accepting, directly a indirectly, e from any person, firm corporation a organization o which any purchase order or contract is, or might be, awarded, any rebate, gift or anything of value whatsoever, except where given for the use or benefit of the City. Sec. 4 Purchasing Agent. There is hereby authorized and established the position of Purchasing Agent. The Purchasing Agent shall supervise and control the entire operation of the Purchasing Department. The Purchasing Agent shall be appointed by the City Manager on the basis of merit and fit- ness alone, subject to the confirmation of the City Council. 4.1 Rules and Regulations. The Purchasing Agent may establish and amend such lawful rules and regulations, not incon- sistent - sistent herewith, mabest promote efficient and economical opera- tion of the functions and policies of this department pn 4.2 Tax Exemptions. The Purchasing Agent will act to procure for the City all Federal or State tax exemptions to which the City is entitled. 4.3 Disqualification of Bidders. Me Purchasing Agent will have the author- ity to disqualify bidders who default o their bids, quotations, contracts or purchase orders from receiving further awards from the City. Such decisions will be subject to the right of the so disqualified bidder to appeal to the City Council for a reversal or reinstatement. 4.3.1 Resection of Bide. Me Purchasing Agent will have the authority to reject any and all bidsrved in re - appose to invitations for bide when bids a deemed non-responsive, taken collusive otherwise non -acceptable and sucaction is in the best interests of the Cit. 4.4 Cooperative Purchasing. The Purchasing Agent shall have the authority to join other units of government (Federal, State, County.cipal and municipal subdivisions, including such quasi-municipal®agen as Water Districts, Sewer Districts, etc.) in consecutive purchasing plans when the best interests of the City Auld be served thereby and such action is in accordance with and pursuant to law. 4.5 Ocher Duties. Tae Purchasing Agent shall perform such other duties related to the functions, duties and authorities set forth herein, as may be prescribed by the City Meager or any applic- able State or local laws and ordinances. Sec. 5 Insurance Advisory Committee. TM1ere is hereby authorised and established n Insurance Advisory Committee to consist of four people who shall be anointedbythe City Council and who shall be insurance agents in the City of Bangor. 5.1 Members Appointed. Of those first appointed to the Ire mance Advisory Committee, one person shall be appointed to serve until December 31, 1965, one person shall be appointed to serve until December 31, 1966, one person shall be appointed to serve until December 31, 1967, and one person shall be appointed to serve until December 31, 1968. Thereafter, members shall be appointed annually to serve terms of four yea and until e e duly appointed. Any vacancy created years successors idle ar ace r in Me Committee shall be filled by appointment by she City Council for the remainder of she cerin. 5.2. Duties of the Committee. The dudes of the Insurance Advisory Committee shall be to hold regular meetings and to advise the City Council, the City Manager and the Purchasing Agent with aspect to the administration of the City's insurance program. 5.3 Chairman of the Advisory Committee. The Chairman of the Insurance Advisory Committee shall be chosen at the first meeting of the Committee each year by vote of the Committee. 5.4 8x -officio Members. Any other i agent who may be awarded any part of the City's insurance program shall serve -offi< s aanmember without vote, of the Insurance Advisory Co mitten during the term of insurance coverage by his agency. Sec. 6 Ordinance Repealed. All ordinances,order and resolves and parts of n ordine re= and resolves inconsistent herewith e hereby repealed, except insofar as they may relate to or affect existing contracts and rights. ORDINANCE (Irrub) dveudi ng Chao. II, Art. 9 Re: Purchasipg IN CITY CCURCIL Feb. 26, 1966 Amended by adding subsection 3.1.1.4 Approval. No purchase of IntnWhA3 and Mad by Suppliesox a services :ceeding $1500 shall be made without the written approval of the lYamCiLwx Finance Committee. and by adding the following to TIES onjt:yye.a t3 cmYeftly P,il Ssol. Saction 3.2.1 (Decentralized Purchases) " or where prices are established by the State Public Utility Commission ' -- (electricity, telephone servme, etc.)]^ and by deleting the word "fox" in the all, line of 2.5.2. as amended passed 1st reading by the • LErz om following yes end no vote: Councilors q,"Bed �fnmwDe voting yes: Perry, Broom, Houston, Hunt, McKay, Porter. Councilors season Minsky, Balaacci, Ballon. Tabled. CITY Cr IN CI 'COUNCIL v March 11, 1968 Taken from table, passed 2nd reading by the following yes and no vote: Councilors voting yes: Baldacci, Barry, Brown, Houston, Hunt, McKay, Minsky, Porter. Councilor Ballow Honest. CITY C IN CITY COMIL March 11, 1968 This ordinance having received 2 readings on separate dates, being properly certified a correctly engrossed, PASSED a 3rd and final readixg by the following yea and no vote: Councilors voting yes: Ealdacci, Berry, brown, Houston, Pont, McKay, Mi say, Porter. Councilor Ballcu absent.