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HomeMy WebLinkAbout3935 ORDINANCE NO. A~'- AN ORDINANCE establishing purchasing procedures, including formal bid requirements in the awarding of public contracts. THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN SECTION 1: Definitions - a. The term "force account" shall mean existing City employees. b. The term "public work" shall mean all work, construction, alteration, repair or improvement other than ordinary maintenance. SECTION 2: Discretionary Purchases - The head of a department or his/her designee or other authorized employee of the City of Bremerton may select a person or firm of his/her choice for the purchase, lease or rental of materials, goods and/or services of an amount under $300.00; provided, however, that the Purchasing Officer retains the authority to determine final approval of the person or firm on the basis of price, suitability and availability, utilization of approved vendor lists and appropriate vendor contacts. SECTION 3: Telecon - A person or firm shall be selected to supply materials, goods and/or services through purchase, lease or rental of an amount between $301.00 and $2,500.00 in the following manner: (a) The head of a department or his/her designee or other authorized employee of the City of Bremerton shall advise the Purchasing Officer of the desired purchase, lease or rental and the Purchasing Officer shall, in his discretion, determine whether the supplier shall be selected through telecon procedures. (b) If the Purchasing Officer determines that the supplier shall be selected through telecon procedures, then Steps 1 through 3 below shall be followed: (1) The department head or his/her designee or other authorized employee shall submit a list of persons or firms to the Purchasing Officer for approval. The Purchasing Officer may add to or delete persons or firms from the list; (2) The Purchasing Officer or his/her designee shall contact the persons or firms by telephone and request a price quotation for the materials, goods and/or services. Each person or firm shall be requested to respond within a designated time which shall be at least three days excluding weekends; (3) At the end of the designated response time, the Purchasing Officer shall determine the lowest responsible person or firm, or in his/her discretion, seek additional price quotations using the procedures outlined in this Section. (c) If the Purchasing Officer determines that selection of the supplier through telecon procedures is not required, then the procedures set forth in Section 7 infra shall be followed. SECTION 4: Sealed Quotations - A person or firm shall be selected 'to supply materials, goods and/or services through purchase, lease or rental in an amount between $2,501.00 to $10,000.00 in the following manner: (a) The department head or his/her designee or other authorized employee shall submit a list of persons or firms to the Purchasing Officer for approval. The Purchasing Officer may add to or delete persons or firms from the list. (b) The Purchasing Officer shall request sealed price quotations from the persons or firms within a designated time which shall be at least ten (10) days. (c) At the end of the designated response time, the Purchasing Officer shall determine the lowest responsible person or firm, or in his discretion, seek additional sealed price quotations using the procedures outlined in this Section. SECTION 5: Additional Procedures to be Followed Whenever the City Purchases, Rents or Leases Goods Costing Less than $10,001.00 Associated With a Public Works Project Which is to be Accomplished Through Use of Force Account and Whenever the City Selects an Outside Firm Through a Method Other Than Competitive Bidding to Accomplish a Public Work with a Total Cost Under $10,001.00 - (a) Whenever purchasing, leasing or renting goods or materials costing less than $10,001.00 to be used in a public work which has a total cost of less than $10,001.00 which the department head wishes to accomplish through the use of force account, he/she shall, prior to selecting a person or firm to supply such materials and goods pursuant to Sections 2, 3 or 4 above, give plans and/or specifications of the public work and an estimate of the cost of such public work to the Purchasing Officer as required by RCW 39.04.020. The Purchasing Officer shall publish a description of the work and the estimate of cost whenever required by RCW 39.04.020 and the head of the department or his/her designee shall otherwise comply with RCW 39.04 under the direction of the Purchasing Officer. (b) Prior to selecting an outside person or firm to accomplish a public work with a total cost of under $10,001.00 through a method other than competitive bidding, the head of the department or his/her designee shall give plans and/or specifications of the public work and an estimate of the cost of such public work to the Purchasing Officer as required by RCW 39.04.020. The Purchasing Officer shall publish a description of the work and an estimate of the cost whenever required by RCW 39.04.020, and the department head or his/her designee shall otherwise comply with RCW 39.04 under the direction of the Purchasing Officer. SECTION 6: Formal Bids - A person or firm shall be selected to supply materials, goods and/or services through purchase, lease or rental, of an amount over $10,000.00 in the following manner: (a) City of Bremerton Administrative Policies and Procedures 4.2 as now or hereafter modified by the Purchasing Department shall be followed to the extent they are not in conflict with this Ordinance. (b) The Department Head, his designee or authorized employee shall submit a written request to the City Council requesting approval of the bid call if such call is for goods, materials and/or services which have not been line-item approved in the City's final budget. The Purchasing Officer shall allow up to forty-five (45) days for preparation of specifications, advertisements, distribution, receipt of bid, tabulation, evaluation and recommendation to Council for award of bid. (c) The Purchasing Officer shall publish notice of the call for bids at least once in the official newspaper and in such other publications determined appropriate by the City's Purchasing Department. (d) The City Council shall award the contract to the lowest responsible bidder or shall reject all bids and make further calls for bids in the same manner as the original bid. In the event the City Council awards the contract to a bidder who is not the lowest bidder, a finding shall be recorded in the Council minutes why the firm or person selected was the lowest responsible bidder. SECTION 7: Use of the Telecon, Sealed Quotation or Formal Bid Procedures When the Cost of the Goods, Materials or Services is Less than the Amount set Forth Above for use of those Procedures - Notwithstanding the fact that the cost of the goods, materials or services is less than the amount set forth above for the use of the Telecon, Sealed Quotation or Formal Bid Procedures, the Purchasing Officer in his discretion, may require the use of a more competitive selection procedure. SECTION 8: Computation of Costs - a. The estimated cost of the goods, materials or services to be purchased or leased from an outside person or firm shall determine whether the procedures set forth in Section 2, 3, 4 or 7 shall be followed; provided, that all public works having an estimated total cost exceeding $10,000.00 shall be accomplished pursuant to Section 7 whenever required by RCW 35.22.620 as now or hereafter amended. b. In purchasing, renting or leasing materials, goods and/or services, the purchase or lease may not purposely be separated into several parts to avoid the requirements of this Ordinance. SECTION 9: Exceptions to the Requirements of this Ordinance (a) The City is not required to seek competitive bids or follow the procedures outlined for Discretionary Telecon and Sealed Quotation requests when: (i) The City contracts for professional services; provided, however, that in contracting for architectural or engineering services, the City must comply with RCW 39.80. (ii) The City contracts with other governmental units pursuant to RCW 47.24.050, RCW 36.75.200, RCW 39.34.080 or other statutes authorizing inter- governmental contracts without the necessity of seeking competitive bids. (iii) The City contracts for materials, goods and/or services in order to effectively deal with an emergency affecting public health and safety; provided, however, that the City must comply with RCW 39.04 when contracting for a public work. (iv) The City contracts for materials, goods and/or services with a person, form or vendor who constitutes a sole source; provided, however, that the City must comply with RCW 39.04 when contracting for a public work. (v) The City uses a Small Works Roster for public works projects as provided for in RCW 35.22.620. (b) The Purchasing Officer shall determine whether the purchase, lease or rental of goods falls within the above-enumerated exceptions when the amount of the materials, goods and/or services is under $10,001.00. The Purchasing Officer may require that procedures outlined in this Ordinance be followed even if an exception is found to exist. The City Council shall determine by resolution whether the purchase, lease or rental falls within the above enumerated exceptions and whether to follow the provisions of this Ordinance, even if an exception is found, when the amount of the materials, goods and/or services is over $10,001.00. APPROVED by the City Council on the first reading this ~ day of ~~~ , 1984. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested to by the City Clerk in authentication of such passage this ~% day of ~aq~%~m,~_ , 1984. ~OR~ DAWKINS, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk