Chapter 3.12 - PURCHASING AND PROCUREMENT*

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Sections:

3.12.010 - Definitions.#

The terms used in this chapter shall have the following meanings:

"Bid" or "proposal" means an offer to perform.

"Bidding" means procedure used to solicit quotations on price and delivery from various prospective suppliers of supplies, equipment, or contractual services.

"Bid limit" means the estimated dollar cost of a building improvement or public work project which, if exceeded, requires bids to be requested for the project, and which shall be as follows: a.

For a building improvement:

For the year 2003, forty thousand dollars ($40,000.00); and

ii.

For each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of three percent or the actual percent change in the Consumer Price Index during the previous calendar year; and

For a public works project:

For the year 2003, one hundred twenty-five thousand dollars ($125,000.00); and

ii.

For each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of three or the actual percent change in the Consumer Price Index during the previous calendar year.

"Building improvement" means the construction or repair of a city building or structure.

"Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity offering supplies, equipment, or services.

"City" means the city of South Salt Lake, the redevelopment agency of South Salt Lake City, and all departments, divisions, and enterprise funds of the city.

"City-funded" means the use of funds from a budget approved by the city council to pay a contractor or subcontractor for work on a building improvement or public works project regardless of whether city obtains funds from a state or federal government grant, or any other source of funds, to pay the cost of a particular project.

"Consumer Price Index" means the "Consumer Price Index For All Urban Consumers" as published by the bureau of labor statistics of the United States Department of Labor.

"Contract" means all types of city agreements, regardless of what they may be called, for the purchase or disposal of supplies, equipment, services, or construction. It includes awards and notices of award; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. It also includes supplemental agreements with respect to any of the foregoing.

"Contractor" means any person having a contract with a governmental body. "Contractor" includes a person or entity who is or may be awarded a construction contract for a building improvement or a public works project.

"Covered employee" means an individual who provides part time or full time services directly related to a construction contract for a contractor or subcontractor, including, but not limited to, an individual in a safety sensitive position such as a design position responsible for the safety of a building improvement or public works project.

"Debarment" means the disqualification of a person, firm, business, supplier, etc., to receive invitations for bids or requests for proposals, or the award of a contract by the city, for a specified period of time commensurate with the seriousness of the offense or the failure or the inadequacy of performance.

"Designee" means a duly authorized representative of a person.

"Drug and alcohol testing policy" means a policy under which a contractor or subcontractor tests a covered employee to establish, maintain, or enforce the prohibition of: a.

The manufacture, distribution, dispensing, possession, or use of drugs or alcohol, except the medically prescribed possession and use of a drug, and

The impairment of judgment or physical abilities due to the use of drugs or alcohol.

"Employee" means an individual drawing a salary from a governmental body, whether elected or not, and any nonsalaried individual performing personal services for any governmental body.

"Enterprise fund" means a special fund as defined in Section 10-6-106, Utah Code Annotated. An example of such fund include the water and sewer funds.

"Health benefit plan" means an insurance policy that provides healthcare coverage, including major medical expenses, or that is offered as a substitute for hospital or medical expense insurance, such as a hospital confinement indemnity or limited benefit plan; but a health benefit plan does not include an insurance policy that provides benefits solely for accidents, dental, income replacement, long term care, a Medicare supplement, a specific disease, vision, or a short term limited duration where it is offered and marketed as supplemental health insurance.

"Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

"Lowest responsive responsible bidder" means a prime contractor who; a.

Has submitted a bid in compliance with an invitation to bid and within the requirements of the plans and specifications for a building improvement or public works project;

Is the lowest bidder that satisfies the requirements of this chapter relating to financial strength, past performance, integrity, reliability, and other factors used to assess the ability of a bidder to perform fully and in good faith the contract requirements;

Has furnished a bid bond or equivalent in money as a condition to the award of a prime contract; and

Furnishes a payment and performance bond as required by law or city policy.

"Person" means any business, individual, union, committee, club, or other organization or group of individuals.

"Procurement" means the buying, purchasing, renting, leasing, or otherwise obtaining any supplies, equipment, services, or construction. "Procurement" also includes all functions that pertaining to each phase of contract administration, including description of requirements, selection and solicitation of sources, and preparation and award of contract.

"Professional services" means those services that are provided by a person skilled in the practice of advanced or technical discipline. Providers of professional services often require prolonged and specialized intellectual training, and profess attainments in special knowledge as distinguished from mere skills. Discipline may include, without limitation, accounting, auditing, architecture, court reporting, engineering, experts in a specialized field, finance, law, materials testing, medicine, planning, and surveying.

"Public works project" means the construction, replacement, or repair of: a.

A park or recreational facility;

A pipeline, culvert, dam, canal, or other system for water, sewage, stormwater, or flood control;

Class "C" roads, including maintenance and resurfacing; and

Any other city facility except a building improvement.

"Purchasing agent" means any person authorized by a governmental body, in accordance with procedures prescribed by regulations, to enter into and administer contracts and make written determinations and findings with respect thereto. The term also includes an authorized representative acting within the city limits of authority.

"Qualified health insurance coverage" means at the time a contract is entered into or renewed; a.

A health benefit plan, not including dental coverage, and employer contribution level with a combined actuarial value at least actuarially equivalent to the combined actuarial value of the benchmark plan under U.C.A. 26-40-106, as amended, and a contribution level of fifty (50) percent of the premium for the employee and the dependents of the employee who reside or work in the state of Utah under which;

The employer pays at least fifty (50) percent of the premium for the employee and the dependents of the employee who reside or work in the state of Utah; and

ii.

For purposes of calculating actuarial equivalency under this provision, rather than benchmark plan's deductible and the benchmark plan's out-of-pocket maximum based on income levels;

(1)

The annual deductible is one thousand dollars ($1,000.00) per individual and three thousand dollars ($3,000.00) per family; and

(2)

The annual out of pocket maximum is three thousand dollars ($3,000.00) per individual and nine thousand dollars ($9,000.00) per family; or

A federally qualified high deductible health plan, not including dental coverage, that, at a minimum;

Has a deductible that is either:

(1)

The lowest deductible permitted for a federally qualified high deductible plan; or

(2)

A deductible that is higher than the lowest deductible permitted for a federally qualified high deductible health plan, but includes an employer contribution to a health savings account in a dollar amount at least equal to the dollar amount difference between the lowest deductible permitted for a federally qualified high deductible plan and the deductible for an employer offered federal qualified high deductible plan;

ii.

Has an out of pocket maximum that does not exceed three times the amount of the annual deductible; and

iii.

The employer pays at least sixty (60) percent of the premium for the employee and the dependents of the employee who work or reside in the state of Utah.

"Random testing" means periodic examination of a covered employee, selected on the basis of chance, for drugs and alcohol in accordance with a drug and alcohol testing policy.

"Request for proposals" or "RFP" means soliciting to receive sealed proposals.

"Responsible bid" means an offer, submitted by a responsible bidder to furnish supplies or services in conformity with the specifications, delivery terms and conditions and other requirements included in the invitation for bids.

"Responsible bidder" means a bidder who submits a responsible bid who has furnished, when requested, information and data to prove that said financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of the supplies or services on said bids, and who has not violated or attempted to violate any provisions of this chapter and who has the reliability which will assure good faith performance.

"Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements.

"Specification" means any description of the physical or functional characteristics, or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service or construction item for delivery.

"Subcontractor" means any person or entity who may be awarded a contract with a contractor or another subcontractor to provide services or labor for a building improvement or public works project, and includes a trade contractor or specialty contractor but does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor.

"Supplies" means all property, including, but not limited to, equipment, printing, insurance, and leases on real property. "Supplies" does not include land real property or a permanent interest in land real property.

"Suspension" means the disqualification of a person to receive invitations for bids or requests for proposals, or the award of a contract by the city for a temporary period pending the completion of an investigation, and any legal proceedings that may ensue because a person is suspected upon probable cause of engaging in criminal, fraudulent, or serious improper conduct or failure of adequacy of performance which may lead to debarment.

"Veteran" means an individual who; a.

Has served in the Unites States Armed Forces for at least one hundred eighty (180) days:

On active duty; or

ii.

In a reserve component, to include the National Guard: or

Has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed one hundred eighty (180) days: and

Was separated or retired under conditions characterized as honorable or general.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.020 - Purchasing agent.#

The city recorder is the purchasing agent of the city.

(Ord. 2008-13 (part))

3.12.030 - Purchasing agent—Authority.#

The city recorder or city recorder's designee shall administer the purchasing system provided by this chapter.

All rights, powers, duties, and authority relating to the procurement of supplies, materials, and equipment services and the management, control, warehousing, sale and disposal thereof, regardless of source of funding, are assigned to the purchasing agent.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.040 - Purchasing agent—Scope of responsibilities and duties.#

The scope of the purchasing agent's responsibilities and duties are to: A.

Serve as the central procurement officer for the city;

Administer and maintain the purchasing system and other rules and regulations established by this chapter and its authority;

Prescribe and maintain such forms as reasonably necessary to the operation of this chapter;

Recommend to the city such new or revised purchasing systems, rules and regulations as deemed desirable and in conformance with other statutory requirements, and to determine compliance with the provisions of this chapter and applicable statutes in conjunction with the city attorney's office;

Keep informed of current developments in the field of purchasing, i.e., prices, market conditions, new products, etc.;

Seek to obtain as full and open competition as possible throughout the procurement process;

Negotiate and recommend execution of contracts for the purchase of supplies, materials, and services;

Supervise the inspection and testing of all supplies and equipment to assure conformance with specifications;

Transfer surplus or unused supplies and equipment between departments as needed;

Maintain a bidder's list, vendor's catalog file and other records needed for the efficient operation of the purchasing system.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.050 - Civil and administrative remedies.#

Civil and administrative remedies which are in existence on the effective date of the ordinance codified in this chapter shall not be impaired under the direction of the purchasing agent.

Suspension of all purchasing transactions with a vendor may be imposed during an investigation of charges based on probable cause indicating the existence of a breach of ethical standards under this section or other irregularities which would affect the integrity of the city's purchasing procedure.

In addition to existing remedies of this section or regulations promulgated thereunder, the city may impose any one or more of the following sanctions against a vendor that is a party to a violation of this chapter:

Written warnings or reprimands;

Termination of the questioned transaction; or

Suspension or debarment from contracting with the city.

Appeals from a decision of the purchasing agent pursuant to this section shall be made to the administrative law judge.

All procedures under this section shall be in accordance with due process requirements, including, but not limited to, a right to notice and an opportunity for a hearing prior to imposition of any remedies provided in this section.

The value of anything transferred or received in breach of ethical standards of this section or regulations promulgated thereunder by an employee or a nonemployee may be recovered from both the employee and the nonemployee.

(Ord. 2008-13 (part))

3.12.060 - Correction of errors, modification of submissions.#

After the time for submission, a Bid, or Proposal may be modified as follows: A.

Confirmation of a Bid, or Proposal. When it appears a mistake has been made, or when the city desires an assurance of any matter, the city may request a bidder or offeror to confirm the Bid, or Proposal in writing.

Notification of Error. A bidder or offeror shall notify the purchasing agent of any error contained in a Bid, or Proposal within two business days after bid opening or the time for submitting proposals unless the purchasing agent waives this requirement. The purchasing agent shall have sole discretion to determine whether to permit any modification or withdrawal.

Modification by Agreement. The purchasing agent may agree with a bidder or offeror to any modifications as long as they do not prejudice fair competition or the city's interests. Modifications may include such matters as:

Time for Accepting. The purchasing agent and bidder or offeror may agree that a Bid or Proposal will remain effective for a longer period of time than that stated in the Bid or Proposal.

Subcontractor or Supplier Changes. Any proposed change in subcontractors or suppliers must be submitted to the purchasing agent, and the purchasing agent may reject any such proposed change. The bidder or offeror will receive no additional compensation as a result of a change to any subcontractors or suppliers, and must continue to meet the requirements of any federally mandated program and other contractual and legal requirements.

Change in Specification. The purchasing agent and bidder or offeror may agree to a change in specification when such a change is in the city's interest in fair competition.

City's Correction of Ministerial Mistakes. The purchasing agent may at any time correct mistakes in a bid or proposal that are of a ministerial or minor nature as follows:

Ministerial Mistakes. Ministerial or minor informalities are clerical errors and matter of form, rather than substance, that are evident from the document, or insignificant mistakes or informalities that can be waived or corrected without prejudice to other bidders or offerors. They generally do not have a substantial effect on process. Examples include a failure to:

Sign the Bid or Proposal but only where they are accompanied by other materials indicating an intent to be bound;

Acknowledge receipt of an addendum, but only if the materials demonstrate the bidder or offeror received the addendum and intended to be bound by it, or the addendum has a negligible effect on the Bid or Proposal.

Mistakes Where Intent is Evident. If the intent of the Bid, or Proposal is clearly evident on the face of the document, the purchasing agent shall correct it as intended and it may not be withdrawn. Examples include:

Typographical errors;

Errors in extending unit process;

Transposition errors;

Arithmetical errors;

Differences in written and numerical process (written shall control).

Mistakes Where Intent Not Evident. If the bidder or offeror's intent is not clearly evident on the face of the document, the bid, proposal or other offer or submission may not be withdrawn except as agreed by the purchasing agent.

Correcting Errors in Judgement. Errors in judgement may not be corrected and the bid, proposal or other offer or submission may not be withdrawn, except as agreed by the purchasing agent. The purchasing agent may allow correction of an error in judgement if it can be done without prejudice to other bidders or offerors. The purchasing agent may allow withdrawal if it is in the city's interest.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.070 - Authority to resolve controversy.#

The purchasing agent or purchasing agent's designee is authorized, prior to commencement of an action in court concerning the controversy, to settle and resolve a controversy which arises between the city and a contractor under or by virtue of a contract between them. This includes, without limitation, controversies based upon breach of contract, mistakes, misrepresentation, or other cause for contract modification or rescission.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.080 - Retention of records.#

The purchasing agent shall keep records of all public contracts and related bid documents for four years or the applicable record retention schedule period.

(Ord. 2008-13 (part))

3.12.090 - Sole source purchasing.#

A contract in any amount may be awarded to a sole supplier for supplies, materials or equipment if the requesting department justifies in writing to the satisfaction of the city purchasing agent that there is only one source for the supply, service or item sought.

(Ord. 2008-13 (part))

3.12.100 - Purchases under five thousand dollars.#

Purchases of supplies, materials, or equipment having a total value of less than five thousand dollars ($5,000.00) may occur without informal or formal bid procedures.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.110 - Informal bid procedure—Purchases generally between five thousand dollars and fifteen thousand dollars.#

Except as provided in Section 3.12.120, purchases of supplies, materials or equipment valued costing between five thousand dollars ($5,000.00) and fifteen thousand dollars ($15.000.00) shall, at a minimum, be made by informal bid procedure as provided in this section.

Price quotation bids shall be solicited from prospective vendors by written or telephone requests or by published notices as the city purchasing agent may determine.

Informal bid purchases shall be selected from at least three price quotation bids, and shall be awarded to the lowest responsible bidder.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.120 - Formal bid required.#

Except as otherwise provided herein, a purchase of supplies, materials, or equipment costing in excess of fifteen thousand dollars ($15.000.00) shall comply with formal bidding procedures.

Purchases may not be split or divided to avoid this requirement.

If the mayor determines that the safety of police personnel or operatives or criminal investigations would be compromised by the publicity inherent in the competitive bidding process, the police department may request the purchase of items for security or investigative purposes without the necessity of competitive bidding.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.130 - Special procedures for public works projects and building improvements, including the construction or repair of a public building.#

Except as provided in subsections B and D of this section, all purchases of supplies, materials, or equipment shall be made according to the same regulations described in Sections 3.12.100, 3.12.110 and 3.12.120.

All public works projects or building improvements shall adhere to the bidding requirements of Utah State Code Title 11, Chapter 39 and Title 72, Chapter 6, Sections 108 and 109.

Prior to undertaking a public works project or building improvement, the city shall require plans and specifications to be made and prepare an estimate of the cost of the public works project and/or building improvement.

Public works projects and building improvements are subject to the following bidding requirements:

Public works projects and building improvements at or below thirty thousand dollars ($30,000.00), based on the city's prepared estimate, are not subject to the bidding requirements of this section.

All public works projects and building improvements falling below the state limit requiring a formal bid and above thirty thousand dollars ($30,000.00), based on the city's prepared estimate, shall be required to follow the informal bidding procedures of Section 3.12.110, except as provided in subsection 4.

All public works projects and building improvements in excess of the state bid limit, based on the city's prepared estimate, require a formal bidding procedure as set forth in Utah State Code Ann 11-39-103 and 72-6-108.

Public works projects and building improvements falling below the state bid limit may be awarded to a contractor pursuant to a current, state-procured agreement for job order contracting, without following the bidding procedures of this chapter. The city shall follow the procedures established in the state contract when utilizing these agreements.

Notwithstanding Section 3.12.150, a public works project or building improvement shall be awarded as follows:

When the city undertakes a city-funded public works project or building improvement under two hundred fifty thousand dollars ($250,000.00), based on the city's prepared estimate, the city shall award the contract to the lowest responsive responsible bidder;

When the city undertakes a city-funded public works project or building improvement over two hundred fifty thousand dollars ($250,000.00), based on the city's prepared estimate, the city shall seek bids inquiring as to the preferences outlined in 3.12.130(F)(1) and apply the preference system of Section 3.12.130(F)(2) in determining award of the contract.

Preference System.

When soliciting bids for public works projects or building improvements exceeding two hundred fifty thousand dollars ($250,000.00), the contractor and every subcontractor, if any, shall certify to the Purchasing Agent and provide appropriate documentation whether they have and will maintain the following preference criteria:

An offer of qualified health insurance available to a contractor's and subcontractor's covered employees and the employee's dependents;

A drug and alcohol testing policy during the period of the contract that:

Applies to all covered employees of the contractor and any subcontractor; and

ii.

Requires covered employees to submit to random testing under the drug and alcohol testing policy;

A program to actively recruit and employ veterans;

A federal or state recognized job training program or a city-approved job training program;

A safety program; and

A formal policy of nondiscrimination consistent with federal, state, and local law.

The purchasing agent shall apply the preference system by designating one point for each of the preference criteria set forth in Subsection (F)(1) that both the contractor and all subcontractors, if any, qualify for. In awarding a contract, the purchasing agent shall give preference to the responsible bidder who qualifies for the most points based on the preference criteria and whose bid is within one hundred four (104) percent of the lowest responsive responsible bid. In the event of a tie, the bid shall be awarded to the lowest of those bidders.

The failure of a contractor or subcontractor to meet the requirements of this section:

May not be the basis for a protest under this chapter or other action;

May not be used as the basis for any action or suit that would suspend, disrupt, or terminate a building improvement or public works project; and

May not be used by an employee of a contractor or subcontractor or any other third party as a basis for any private action or suit against the city for damages for the failure of a contractor or subcontractor to meet the requirements of this section.

Should the city determine that any contractor or subcontractor, deemed to be the lowest responsible bidder under subsection F(2), inappropriately certified the preference criteria listed in Subsection F(1), the Purchasing Agent, at the city's sole discretion and in addition to any other remedies available at law, may:

Terminate the contract for the contractor's failure to comply with the terms of the bid;

Suspend or debar the contractor and/or subcontractor from contracting with the city;

Immediately award the contract to the next lowest responsible bidder;

Order an audit, at the sole expense of the contractor or subcontractors, to determine the extent of the inappropriate certification; or

Bring legal action against the contractor or subcontractor, on behalf of the city and affected employees, for monetary damages.

All procedures under Subsection F(4) shall be in accordance with Section 3.12.050.

Nothing in this section shall be construed to apply to:

A change order or a modification to an existing contract;

A sole source contract;

An emergency procurement contract; and

A contract subject to a grant requirement or other legal obligation that the city must honor as a condition of receiving the grant or other funds.

(Ord. 2008-13 (part))

(Ord. No. 2012-16, 10-20-2012; Ord. No. 2017-23, 7-12-2017; Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

Editor's note— Ord. No. 2017-23, adopted July 12, 2017, changed the title of § 3.12.130 from "Special procedure for public works projects, including the consruction or repair of a public building" to read as herein set out.

3.12.140 - Notice required for formal bid.#

Notices inviting bids pursuant to formal bid procedures shall be published in all locations required by law.

Notice inviting bids may be mailed to qualified vendors on the bidder's list.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.150 - Award of bid or contract.#

The purchasing agent shall have the authority to award bids and contracts within the limits of this chapter, rules, and regulations, and the city retains the right to accept or reject any or all parts of any bids presented and all bid proposals shall so state. However, all bids and contracts in excess of five thousand dollars ($5,000.00) shall be approved by the mayor.

Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. No criteria may be used in bid evaluation that are not set forth in the invitation for bids.

When the contract is not awarded to the lowest bidder, a full and complete statement of the reasons for awarding the contract to another bidder shall be submitted, along with the recommendation to award the bid from the requesting department, and shall be retained in the contract file.

If the low bid is a tie bid with the same amount or unit price, quality and service being equal, the contract shall be awarded to the lowest bid made by and after negotiation with the tie bidders.

If bids received pursuant to an invitation for bids are unreasonable, noncompetitive, or the low bid exceeds available funds, all bids may be rejected and new bids may be solicited. If, after twice, no satisfactory bid is received, the city may proceed at its own discretion to complete the purchase or proposed improvement as directed by the mayor.

(Ord. 2008-13 (part))

3.12.160 - Bidder qualification.#

In determining the qualification of the responsible bidder, the purchasing agent shall consider any or all of the following: A.

The ability, capacity and skill of the bidder to perform the contract or provide the service required;

Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

The quality of performance of previous contracts or services;

The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

The quality, availability and adaptability of supplies, or contractual services to the particular use required.

(Ord. 2008-13 (part))

3.12.170 - Cancellation or rejection of invitation for bids.#

The cancellation or rejection of invitations for bids will be accepted only if the determination is submitted in writing from the requesting department head, signed by the mayor, to the purchasing agent that such action is taken in the best interest of the city.

(Ord. 2008-13 (part))

3.12.180 - Exemptions to competitive bidding—Auction, closeout and bankruptcy sales.#

If the purchasing agent determines that supplies, materials, or equipment can be purchased at any public auction, closeout sale, bankruptcy sale or other similar sale, a contract or contracts may be let, or the purchase made upon approval from the mayor.

(Ord. 2008-13 (part))

3.12.190 - Exemptions to competitive bidding—Governmental purchases.#

The city may purchase supplies, materials or equipment which have been declared surplus by any governmental agency.

Exchanges of supplies, materials, 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.

The city may purchase supplies, materials, or equipment from state, federal or local units of government who have active procurement contracts with prior approval from the purchasing agent.

(Ord. 2008-13 (part))

3.12.200 - Cooperative purchasing—Authorization.#

The city may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the acquisition of any supplies or materials with one or more public agencies in accordance with an agreement entered into between the participants. A cooperative purchasing agreement may include joint or multi-party contracts and open-ended state contracts.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.210 - Contractual services—Professional.#

Contracts for professional services are not subject to the bid procedures described in this chapter. Departments seeking professional services shall obtain the approval of the mayor for professional services contracts.

(Ord. 2008-13 (part))

3.12.220 - Multi-year contracts—Determination of use.#

Prior to utilization of a multi-year contract, it shall be determined that: A.

Estimated requirements cover the period of the contract and are reasonably firm and continuing;

Such a contract will serve the best interest of the city; and

The contracts reasonably complies with Governmental Accounting Standards Board requirements.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.230 - Multi-year contracts—Termination.#

When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent year of a multi-year contract, the contract for such subsequent years shall be terminated.

(Ord. 2008-13 (part))

3.12.240 - Contract changes.#

Purchase order changes must be made on the form titled "Request for Purchase Order Correction."

Type of changes:

An error in extension or addition;

An over/under shipment which the city is willing to accept;

An increase in the total of the purchase order of more than ten percent.

(Ord. 2008-13 (part))

3.12.250 - Prohibition against subdivision.#

A contract or purchase may not be subdivided to avoid the bid procedures described in Sections 3.12.110 through 3.12.180 of this chapter.

(Ord. 2008-13 (part))

3.12.260 - Inspection and testing.#

Inspection. The purchasing agent or purchasing agent's designee shall inspect or supervise the inspection of all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order of the contract. The purchasing agent or purchasing agent's designee shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under the rules and regulations which the purchasing agent shall prescribe.

Testing. The purchasing agent or purchasing agent's designee shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the purchasing agent shall have the authority to make use of laboratory facilities of any agency of the city government or of any outside laboratory.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.270 - Preference to local vendors.#

Only for the purpose of calculating the low bid in either a formal or informal bid situation, and not to establish the actual contract price, prior to comparing bids, the city purchasing agent shall reduce by five percent the bid of each vendor that provides an affidavit attesting that for the two years preceding the bid deadline the vendor:

Operated a physical business location within the corporate limits of the city on property that it either leased or owned;

Held a valid city business license for the business location within the corporate limits of the city;

Timely paid all sums due and owing to the city;

Had no judgment entered against it for violation of any federal or state law or city ordinance relating to its business activity within the city;

Remitted sales tax receipts from its business location within the city to the State Tax Commission; and

Paid franchise tax to the city as part of its utility bill.

In order to offer the preference for local vendors established in subsection A of this section, the city shall first give notice of the availability of the local preference in the invitation to bid.

If for any reason the local preference should be found to be invalid, all bids shall be rejected automatically.

(Ord. 2008-13 (part))

3.12.290 - Ethics.#

Generally. All persons participating in a procurement process shall act in accordance with federal, state and city ethics and conflict of interest requirements. All personnel dealing with procurement shall prevent abuses of the procurement system as described below.

Prohibited Acts. With respect to procurement matters, city employees, officers and appointees, or any other person participating in a procurement process shall comply with all applicable ethics and conflict of interest laws, which shall include the following:

Special Benefits. They shall not use the procurement system to secure special privileges or exemptions for themselves or others because of their positions. See also Utah Code Annotated Section 10-3-1304.

Gifts or Loans. They shall not knowingly receive gifts or loans that tend to influence the discharge of their official duties. However, they may accept occasional nonpecuniary gifts of less than fifty dollars ($50.00), publicly presented awards, or bona fide loans or political campaign contributions. See also, Utah Code Annotated Section 10-3-1304.

Payment for Assisting in Transactions. They shall not receive or agree to receive compensation for assisting another in a transaction with city unless they file a disclosure of information with the mayor as required by state law, and with their supervisors and others who rely on their representations during the transaction. See also Utah Code Annotated Section 10-3-1305.

Interest in Business Within Regulatory Authority. When they are officers, directors, agents, employees or owners of a substantial interest in an entity under their regulatory authority, they must file a disclosure of information as required by the state law. See also Utah Code Annotated Section 10-3-1306.

Interest in Business Seeking City Business. When they are officers, directors, agents, employees or owners of a substantial interest in an entity anticipating doing business with the city, they must file a disclosure of information as required by state law. See also Utah Code Annotated Section 10-3-1307.

Interests Conflicting with Public Duties. When their personal interests and investments conflict with their public duties, the conflict must be disclosed as required by state law. See also Utah Code Annotated Section 10-3-1308.

Individual Material Benefits. When their actions may result in a specific financial, professional or personal material benefit to them, they must disclose those interests in the manner provided by city code. 8. Use of Confidential Information. They shall not disclose or use confidential information acquired in their jobs for their or another's private gain or benefit.

Contracts Benefitting Self or Family. They shall not enter contracts in which they or members of their immediate family have any private pecuniary interest, whether direct or indirect, when they have participated in making, recommending or preparing the contract, or when they have performed or will perform some function in connection with the contract requiring the exercise of discretion on their part, unless the contract is awarded through a public competitive process and the interest is disclosed as provided by city code.

Manner of Disclosure. Disclosure under this chapter must comply with all applicable law, and shall include the following:

Relating to Transaction. When disclosure relates to a specific transaction, the disclosing employee, officer or appointee must do the following:

Disclosure to Mayor. The employee, officer or appointee must file a sworn statement with the mayor giving his or her name and address, the name and address of the third party involved in the transaction, and a brief description of the transaction, and the nature of the employee's, officer's or appointee's involvement.

Disclosure to Others. The employee, officer or appointee must disclose the same information described above to his or her immediate supervisor, to the responsible purchasing agent, and to any other city employees, officer or appointee who may rely on his or her representation. If a member of a public body, that body must also receive notice.

Time of Disclosure. The above disclosures must occur at least ten days before the date of any agreement relating to the transaction, or ten days before the date when any compensation may be received, whichever is earlier. See also Utah Code Annotated Section 10-3-1305.

Relating to Conflict of Interest. When disclosure relates to a conflict of interest, the disclosing employee, officer or appointee must do the following:

Required Disclosure. Upon becoming employed or taking office, the employee, officer or appointee must disclose any positions held, or the nature and value of any substantial interests held, in any business or entity conflicting with city duties, or any business or entity which is subject to regulation by the city and over which that person may have influence. This disclosure must be updated whenever the employee's, officer's or appointee's position in the business changes, or the value of his or her interests significantly increases.

ii.

Manner of Disclosure. Disclosure must be made in a sworn statement filed with the mayor, with a copy to the responsible purchasing agent. See also Utah Code Annotated Section 10-3-1306.

Duty of Procurement Personnel. All personnel dealing with procurement shall comply with requirements imposed on city employees as described above. If they become aware of circumstances that may indicate a violation of any provision of this chapter on the part of the city employee, officer, appointee or other person to explain in writing the nature of these circumstances, they shall forward the written explanation to the city recorder. The city recorder shall consult with the city attorney's office as needed.

(Ord. 2008-13 (part))

3.12.300 - Request for proposals.#

Conditions for Use. When the purchasing agent or the purchasing agent's designee determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the city, a contract may be made by use of the competitive sealed proposals method.

Request for Proposals. Competitive sealed proposals shall be solicited through a request for proposals ("RFP").

Public Notice. Adequate public notice of the RFP shall be given in the same manner as provided in Section 3.12.140 of this chapter.

Receipt of Proposals. No proposal's contents, except for the names of the offerors, shall be disclosed to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after award.

Evaluation Factors. The RFP shall state the relative importance of price and other evaluation factors, including the quantitative basis for evaluation. No criteria may be used in an RFP response evaluation that is not set forth in the RFP.

Discussion with Responsible Offerors and Revisions to Proposals. As provided in the RFP, discussions may be conducted with responsible offerors who submit proposals determined to have a reasonable chance of being selected in order to clarify and assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment to discuss and revise proposals in writing and such written revisions may be permitted by the selection committee after submissions and prior to award to obtain best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors, except for the names of the offerors.

Award. Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the city, taking into consideration the price and the evaluation factors set forth in the RFP. No other factors or criteria shall be used in the evaluation. The file shall contain the basis on which the award is made.

Cancellation of an RFP. An RFP, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is for good cause and in the best interests of the city. Each solicitation issued by the city shall state that the solicitation may be canceled and that any bid or proposal may be rejected in whole or in part for good cause when in the best interests of the city. Notice of cancellation shall be sent to all businesses responding. The notice shall identify the solicitation, explain the reason for cancellation and, where appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurement of similar items. Reasons for rejection shall be provided upon request by unsuccessful bidders or offerors.

(Ord. 2008-13 (part))

(Ord. No. 2024-08, § 1(Exh. A), 7-31-2024)

3.12.310 - Appeals and remedies.#

Any actual or prospective bidder or offeror who is aggrieved in connection with the solicitation or award of a contract for procurement may protest the procurement by filing a written protest with the purchasing agent. The protest shall contain the following information:

The protesting party's name, mailing address and daytime telephone number, the signature of the protesting party or the attorney for the protesting party, and the date the protest is signed;

The relief sought, a statement of facts and a recitation of the reasons and legal authority in support of the protest sufficient to permit review;

Protests shall be submitted prior to the closing date for receiving bids or proposals unless the protestor did not know and could not reasonably have known of the facts giving rise to the protest prior to such time, but in any event, all protests shall be submitted within five business days after the closing date for receiving bids or proposals;

The purchasing agent may designate another individual to assist in reviewing the matter, which assistance may include finding facts, analyzing the protest, and making recommendations to the purchasing agent;

The purchasing agent or the purchasing agent's designated representative may request additional information from the protesting party or from other persons to make a determination. The protesting party shall provide all information requested by the purchasing agent reasonably needed to decide the protest except information which is protected from disclosure by law, or which could reasonably be expected to result in unfair competitive injury to the protestor in spite of the protections for the protestor provided by law;

The purchasing agent shall review and decide protests, and shall issue a written determination to the protesting party within fifteen (15) business days of receipt of the protest;

The protesting party may appeal the written decision of the purchasing agent by filing a written appeal with the administrative law judge within five business days of the purchasing agent's written determination. The notice of appeal shall contain the following information:

The appellant's name, mailing address and daytime telephone number, the signature of the appellant or of the attorney for the appellant, and date, and

The relief sought, a statement of facts and a recitation of the reasons and legal authority in support of the protest sufficient to permit review;

The administrative law judge shall review and hear the appeal. No later than five business days after receiving a notice of appeal, the administrative law judge shall schedule a hearing on the appeal. Unless otherwise agreed to by the city and the appellant, the hearing shall be held no sooner than five business days and not later than thirty (30) business days from the date of the filing of the appeal;

At the hearing before the administrative law judge, the appellant and the city's representative shall be allowed to testify, present evidence, and comment on the issues. The administrative law judge may allow other interested persons to testify, comment or provide evidence on the issues;

10.

No later than fifteen (15) business days after the hearing, the administrative law judge shall issue a signed order either granting the appeal in whole or in part, or upholding the determination of the purchasing agent in whole or in part. The order of the administrative law judge shall include:

The decision, and any reasons for the decision the administrative law judge may wish to provide, and

A statement that any party to the appeal may appeal the decision to the State District Court;

11.

If the administrative law judge fails to issue a decision within fifteen (15) business days after the hearing, said failure shall be considered the equivalent of an order denying the appeal;

12.

The administrative law judge may appoint a person other than the purchasing agent to fulfill his or her respective responsibilities described in this section.

(Ord. 2008-13 (part))

3.12.320 - Remedies for solicitations or awards in violation of law.#

Prior to Bid Opening or Closing Date for Receipt of Proposals. If prior to the bid opening or the closing date for receipt of proposals, the purchasing agent, after consultation with the city attorney, determines that a solicitation is in violation of federal, state, or local law, then the solicitation or proposed award shall be canceled or revised to comply with applicable law.

Prior to Award. If after a bid opening or the closing date for receipt of proposals, the purchasing agent, after consultation with the city attorney, determines that a solicitation or a proposed award of an agreement is in violation of federal, state, or local law, then the solicitation or proposed award shall be canceled.

After Award. If after an award the purchasing agent, after consultation with the city attorney, determines that a solicitation or award of an agreement was in violation of applicable law, then:

If the person awarded the agreement has not acted fraudulently or in bad faith:

The agreement may be ratified and affirmed, provided it is determined that doing so is in the best interests of the city; or

The agreement may be terminated and the person awarded the agreement shall be compensated for the actual costs reasonably incurred under the agreement, plus a reasonable profit, prior to the termination.

If the person awarded the agreement has acted fraudulently or in bad faith, the agreement may be declared null and void or voidable, if such action is in the best interests of the city.

Acting in Violation of this Chapter. Any violation of this chapter shall be grounds for disciplinary action, and civil and criminal prosecution at the discretion of the city.

(Ord. 2008-13 (part))