The text
1-9-1: - DEFINITIONS:#
Unless the context requires otherwise, the terms as used in this chapter shall have the following meanings:
BIDDING: Procedure used to solicit quotations on price and delivery from various prospective suppliers of supplies, equipment, and contractual services.
CONTRACTUAL SERVICES: Professional services such as architectural, auditing, banking, engineering, insurance, legal, or other consulting services.
PUBLIC PROPERTY: Any item of real or personal property owned by the city.
RESPONSIBLE BID: An offer submitted by a responsible bidder to furnish supplies, equipment, or contractual services in conformity with the specifications, delivery terms and conditions, and other requirements included in the invitation for bids.
RESPONSIBLE BIDDER: A bidder who has furnished, when requested, information and data to prove that his financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of the supplies, equipment, or contractual services on which he bids; and who has not violated or attempted to violate any provisions of this chapter.
SUPPLIES, MATERIALS, AND EQUIPMENT: Any and all articles or things which shall be furnished to or used by any city department.
(Ord. 553, 12-10-1998)
1-9-2: - ADMINISTRATION; PURCHASING AUTHORITY:#
A.
The mayor and city administrator shall have approval authority for budgeted purchases of up to twenty-five thousand dollars ($25,000.00). Department heads shall have approval authority for budgeted purchases of up to fifteen thousand dollars ($15,000.00). Department heads may designate a person or persons within their department to have approval authority for budgeted purchases up to one thousand dollars ($1,000.00); all purchases being authorized must be made pursuant to the approved city/RDA budget.
B.
No purchases, including petty cash purchases, are to be made without the prior knowledge and consent of the city administrator, or the department head for his/her department or the department head's designee as stated in subsection A of this section. Each department head is responsible for approving all purchases by his/her department members subject to the provisions in subsection A of this section which approval shall not be granted if such approval will require expenditure of funds in excess of the departmental budget or if the approval request is for more than the department head's approval authority limit specified in subsection A of this section. Departmental employees shall not otherwise obligate the city for any amount of money without the prior approval of his/her department head or the department head's designee. All purchases and petty cash withdrawals are to be documented on the appropriate forms and to be properly receipted for at the point of the transaction. The penalty for failure to comply with this subsection could be liability for the expenses incurred or other disciplinary action.
(Ord. 844, 8-20-2013)
1-9-3: - COMPETITIVE BIDDING REQUIREMENTS:#
Except as hereinafter provided, purchases of supplies, equipment, and letting of contracts shall follow one of the following procedures: A.
Formal Contract Procedure: Except as otherwise provided herein, purchases of supplies, equipment or contractual services of an estimated value greater than twenty-five thousand dollars ($25,000.00) shall be by written contract with the lowest responsible bidder, pursuant to the procedure hereinafter prescribed.
1.
Approval of Specifications: Prior to seeking bids for equipment or contractual services having a unit cost in excess of twenty-five thousand dollars ($25,000.00) and not appropriated in the current budget, action of the city council shall be required to approve specifications and to authorize advertising for bids.
2.
Notice Inviting Bids: Notice inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. Notice shall be distributed as widely as possible to solicit a large number of bids to assure that the city gets the lowest price available for the product or service being purchased or contracted for.
a.
Published Notice: Notices inviting bids shall be published at least ten (10) days before the date of opening of the bids. Notices shall be published at least once in a newspaper of general circulation in the city.
b.
Bidders List: Sealed bids shall be solicited from all responsible prospective suppliers whose names are on the bidders list or who have made written request that their names be added thereto.
c.
Bulletin Board: Notices advertising pending purchases shall also be posted on a public bulletin board in the city hall.
3.
Bid Opening Procedure: Sealed bids shall be submitted as designated in the notice with the statement "Bid for (item)" on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) days after the bid opening.
4.
Rejection of Bids: In its discretion, the city council may reject without cause any and all bids presented, and readvertise for bids pursuant to the procedure hereinabove prescribed. If an acceptable bid is not received after two (2) attempts, the city council may proceed as it sees fit.
5.
Award of Contracts: Except as otherwise provided herein, contracts shall be awarded by the city council to the lowest responsible bidder. No particular number of bids needs to be received in order to make a valid award of a contract so long as the procedures in this section are followed.
6.
Tie Bids: If two (2) or more bids received are the low bids and are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the city council shall determine which bid, if any, to accept after negotiation with the tied bidders at the time of the bid opening.
B.
Public Improvement Contracts: The procedures established by Utah Code Annotated shall govern all contracts for public improvements.
C.
Open Market Procedure: Purchases of supplies, equipment or contractual services of an estimated value of twenty-five thousand dollars ($25,000.00) or less may be made in the open market pursuant to the procedure hereinafter prescribed, and without observing the procedure prescribed in subsection A of this section. All bidding may be dispensed with for purchasing having a total estimated value of less than one thousand dollars ($1,000.00).
1.
Minimum Number of Bids: Open market purchases shall, whenever possible, be based on at least three (3) bids (price quotations) and shall be awarded to the lowest responsible bidder. However, no particular number of bids needs to be received in order to make a valid award of a contract so long as the procedures in this section are followed.
2.
Solicitation of Bids: Bids (price quotations) shall be solicited from prospective vendors by oral, written, or telephone requests.
D.
Professional Service Contracts Procedure: Contracts for professional services shall be awarded at the discretion of the city council to include, but not be limited to, the following services: architectural, auditing, banking, engineering, insurance, and legal. Contracts shall be awarded at the discretion of the city council based on the evaluation of professional qualifications, serviceability, cost of service, and other criteria deemed applicable by the city council.
(Ord. 668, 9-19-2006; Ord. 828, 12-4-2012; Ord. 833, 2-5-2013)
1-9-4: - EXEMPTIONS TO COMPETITIVE BIDDING REQUIREMENTS:#
A.
Special Contracts: Contracts which by their nature are not adapted to being awarded by competitive bidding shall not be subject to the bidding requirements of this chapter. Some examples of such contracts are: contracts for items which may only be purchased from a single source; contracts for additions to equipment owned by the city which may be more efficiently added to by a certain person or firm; contracts for repairs and maintenance of equipment owned by the city which may be more efficiently repaired or maintained by a certain person or firm; contracts for equipment which is similar to existing city owned equipment on which city personnel are already trained; and contracts for equipment which is compatible with existing city owned equipment for which the city maintains an inventory of replacement parts.
B.
Auction, Closeout, Bankruptcy Sales: If the purchasing agent determines the supplies, materials or equipment can be purchased at any public auction, closeout sale, bankruptcy sale or other similar sale, and if a majority of the city council at a regular or special meeting concurs in such determination and makes a finding that a purchase at any such auction or sale will be made at a cost below the market cost in the community, a contract or contracts may be let, or the purchase made, without complying with the competitive bidding requirements of this chapter.
C.
Exchanges: Exchanges of supplies, material or equipment between the city and any other public agency which are not by sale or auction shall be by mutual agreement of the respective public agencies.
D.
State Contract: The city may purchase any goods or services from the vendor who has the contract to sell that item to agencies of the state of Utah without complying with the competitive bidding requirements of this chapter.
(Ord. 553, 12-10-1998)
1-9-5: - INTERLOCAL AGREEMENTS IN LETTING OF CONTRACTS FOR COMMODITIES OR SERVICES:#
The city shall have the power to enter into joint purchase agreements with any or all other public agencies within the state for the purchase of any commodity or service, wherein it is determined by the city council to be in the best interest of the city.
(Ord. 553, 12-10-1998)
1-9-6: - DISPOSAL OR LEASE OF PUBLIC PROPERTY:#
All disposals, leases, and subleases of public property of the city shall be made under the same conditions and limitations as nearly as possible, as required by this chapter in the purchase of public property, but the city council, at its discretion, may also authorize: A.
The sale of any such property at public auction if it deems such a sale desirable and in the best interest of the city;
1.
The city may dispose of a significant parcel of real property after giving at least fourteen (14) days' notice before receiving public comment on the proposed disposition of real property, and
2.
After giving at least fourteen (14) days' notice, the city shall hold a public hearing for the public to comment on the proposed disposition of real property, and
3.
Said notice and hearing for public comment shall be given and held on the proposed disposition of significant parcels of real property. A significant parcel of real property is any real property owned by the city having a land mass of one-half (1/2) acre or more, or a value of twenty-five thousand dollars ($25,000.00) or more, whichever is greater; or
B.
Any property with a pecuniary value of less than one hundred dollars ($100.00), as determined by a reasonable market inquiry made by the department head or city administrator, is exempt from surplus procedures, as set forth in this chapter, and from sale at public auction, and shall be sold or disposed of in such a manner as is reasonable and in the best interest of the city, upon written authorization by the city administrator. Any proceeds received from the sale of such property shall be placed in the general fund of the city. The sale or disposal of such property is hereby authorized by the city council, and no further authorization is needed from the city council; or
C.
The lease or sublease of any such property at a properly advertised public hearing under such terms and conditions as it may deem desirable, fair, and appropriate considering intended land use, equivalent property tax value, and the best interest of the city.
(Ord. 629, 10-21-2003)
1-9-7: - DONATED PROPERTY:#
All items of property donated, gifted, or transferred to the city, in any manner whatsoever, is property owned by the city and the sale or disposal of such property shall be subject to the requirements set forth in section 1-9-6 of this chapter.
Gifts and donations made from the city to outside groups or interests are strongly discouraged and shall be subject to and handled according to the provisions set forth in Utah Code Annotated section 10-8-2, concerning the appropriation of public funds.
(Ord. 770, 9-21-2010)
1-9-8: - PERSONAL PURCHASES:#
Purchases of supplies or equipment for the personal use of an official or employee of the city shall be made only when the item or items are required parts of his or her equipment and are necessary to the successful performance of the duties of such city official or employee. Other personal purchases shall not be permitted and will be the cause for disciplinary action.
(Ord. 553, 12-10-1998)
1-9-9: - APPROVAL OF CLAIMS AND SIGNING OF CHECKS:#
A.
Approval Required: All checks drawn on the accounts of the city of Riverdale and all claims against the city of Riverdale must be approved either by the mayor or the city council before they are paid.
B.
Two Signatures Required; Exceptions:
1.
Unless otherwise designated in this section, all checks drawn on the accounts of the city of Riverdale must be signed by two (2) separate individuals. The city treasurer or his deputy shall determine that a sufficient amount is on deposit in the appropriate bank account of the city to honor the check.
2.
The city treasurer or his deputy may sign the following checks without the necessity of a second signature after adoption of the annual budget by the city council:
Semimonthly payroll checks;
Withholding deposits for federal, state, FICA, Utah state retirement, fireman's fund;
Withholding for health and life insurance.
(Ord. 553, 12-10-1998; amd. 2001 Code)
1-9-10: - BUSINESS ADMINISTRATOR/TREASURER DESIGNATED FINANCIAL OFFICER:#
A.
Authority: Pursuant to Utah Code Annotated, title 10, chapter 6, the business administrator/treasurer is hereby designated as the city's financial officer and is authorized to:
1.
Approve the following items:
a.
Any payroll checks prepared for an authorized city employee hired in accordance with personnel policies established by city ordinance or resolution. The amount paid to any such authorized employee shall also be in agreement with a specific salary assigned to such employee pursuant to a salary schedule adopted by the city council or a salary amount assigned by ordinance or resolution of the city council.
b.
Payment of routine expenditures, such as utility bills and payroll related expenses (e.g., insurance payments, tax remittance, etc.).
c.
Any payments in accordance with an authorized city contract that was made pursuant to established purchasing procedures, referenced in the budget document, and approved by an appropriation resolution adopted for the current fiscal year budget, provided that the expenditure does not cause the budget to be exceeded.
d.
Payments for capital purchases which were made pursuant to established purchasing procedures, referenced in the budget document and approved by an appropriation resolution adopted for the current fiscal year budget.
2.
Approve payment for other items not included in subsection A1 of this section, provided that the amounts do not exceed the amount limits specified in section 1-9-2 of this chapter.
B.
Approval by City Council: All other checks and claims must be approved by the city council before they are paid.
C.
Restrictions: The above purchasing approval authority delegated to the mayor, city administrator, and department heads is hereby subject to the following restrictions:
1.
No purchase may be approved by the mayor or his designees which is not within the duly and legally adopted or adjusted budget.
2.
No purchase may be approved which was not made in accordance with personnel and purchasing procedures established by ordinance or resolution.
D.
Verified Claims: The above authorization shall not prevent the city council from approving all or part of a list of verified claims, including a specific claim in an amount in excess of the stated maximum, where certified by the business administrator/treasurer.
E.
Preaudit: The business administrator/treasurer shall preaudit all claims pursuant to state statute requirements and shall not disburse any payments without appropriate approval. Procedures shall be established whereby documented approval is obtained as authorized by this chapter. At least monthly a detailed expenditure report shall be prepared and submitted to the council.
F.
Procedures Established by Resolution: Specific budgetary and administrative procedures consistent with this chapter may be established by resolution.
(Ord. 674, 12-19-2006; Ord. 828, 12-4-2012)
1-9-11: - PROHIBITED ACTS AND ACTIVITIES:#
A.
Conflicts of Interest: No member of the city council or city employee may have a direct or indirect interest in any contract entered into by the city. A violation of this provision shall be cause for removal or other disciplinary action.
B.
Collusion Among Bidders: Any agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition, by agreement to bid a fixed price, or otherwise, shall render the bids of such bidder void.
C.
Advance Disclosures: Any disclosure about the bids in advance of their opening made or permitted by a member of the city council or a city employee shall render the bids void. This applies whether the bids were solicited by advertisement or by request.
D.
Gratuities; Exceptions: No elected or appointed officer shall knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or loan for himself or another if the gift or loan tends to influence him in the discharge of his official duties, but this subsection does not apply to:
1.
An occasional nonpecuniary gift having a value of less than fifty dollars ($50.00); or
2.
An award publicly presented; or
3.
Any bona fide loan made in the ordinary course of business; or
4.
Political campaign contributions actually used in a political campaign.
(Ord. 553, 12-10-1998)