The text
2.03.010 - Federal/State Law#
When procurement involves the expenditure of Federal assistance funds or Federal funds administered by the State of Utah, the Town shall comply with all applicable Federal laws, regulations and State laws.
2.03.020 - Town Procurement Code#
If not specifically regulated elsewhere the following procurement regulations and policies shall apply and be known as the "Virgin Town Procurement Code": A.
Definition. As used herein, "procurement" means buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring a supply, a service, construction, or technology.
B.
Procurement Policies.
1.
For purposes of procurement oversight, the Mayor, with the advice and consent of the Town Council, shall assign supervisory authority to members of the Council for the various departments, programs, services and facilities with separate income and expense categories with the Town's approved budget for a given year. Supervisory Assignments once approved will continue unless and until future modification by the Mayor, with the advice and consent of Town Council, occurs or the person's term as member of the Town Council expires (in which instance the supervisory assignment will fall to the person elected to fill the prior Town Council member's seat).
2.
Any procurement that is not part of the daily or regular expense of running the Town Offices, A Town Program, a Town Service and/or Town Facilities require a purchase order ("PO") to be completed prior to the procurement. At a minimum, the PO shall state:
a.
The date of the PO;
b.
A brief description of item(s) or service(s) to be procured;
c.
The amount of the procurement (or estimate rounded up to the next $100.00 increment);
d.
The category of the Town budget, from which the funds for the procurement will be drawn from, and;
e.
The name and signature of the Town Councilmember or Mayor who has the supervisory assignment for the budget category of the procurement being obtained. If the procurement is being secured for the benefits of two or more budget categories of which more than one member of the Town Council has supervisory authority, then the PO shall contain the name and signature of each necessary Town Councilmember.
3.
Any procurement of more than five hundred dollars ($500.00) made by the Town Administrative Staff or Employees must be approved by the Town Councilmember having supervisory authority for the budget category in which the procurement is being charged to.
4.
Any procurement of up to ten thousand dollars ($10,000.00) initiated by a Town Councilmember does not require the approval of the Town Council so long as: a) the Town Councilmember initiating the procurement is the person with supervisory authority over the budget category in which the procurement is being made, and b) the procurement would not cause the Town department or Town budget category for which the procurement is secured to exceed its remaining budget balance for the year.
5.
Any procurement of ten thousand dollars ($10,000.00) or more but less than one hundred thousand dollars ($100,000.00) shall require prior approval by the Town Council.
6.
Any procurement of ten thousand dollars ($10,000.00) or more but less than one hundred thousand dollars ($100,000.00) shall require:
a.
The Town to solicit and obtain three responsive bids through an RFP (Request for Proposal) if necessary;
b.
The Town Council to pre-approve or ratify the procurement after the fact; and
c.
The procurement to be awarded to the party who the Town Council believes to be most qualified and competent to provide the item or service and, in the instance of multiple equally qualified and competent bidders, the lowest bid of the group and according to the guidelines included in any RFP (Request for Proposal).
7.
Any procurement of one hundred thousand dollars ($100,000.00) or more shall be made in compliance with the Utah Procurement Code, Utah Code Annotated Sections 63G-61-101 et seq.
8.
No member of Town Council, Town Staff or Town Employee shall intentionally or knowingly divide a procurement into one or more smaller procurements with the intent to make a procurement meet a lower approval threshold established by this policy.
C.
Exemptions to Procurement Policies. In the following instances the Town is exempt, and need not comply with certain identified portions of the "Procurement Policies" set forth in Section B above:
1.
Compliance with Subsection B.6.a is not required if the procurement relates to a used or previously owned item(s) or the service to be procured is provided by less than 3 competent and qualified providers located with 150 miles of the Town;
2.
Compliance with Subsection B.4 and B.5 is not required if the procurement is an "Emergency Procurement" as identified in Utah Code Annotated 63G-6a-803(1);
3.
Compliance with all Subsections (except Subsection B.6.b) is not required if the procurement is for "Design Professional Services" as that term is defined in Utah Code Annotated 63G-6a-103(27);
4.
Compliance with all Subsections (except Subsection B.6.b) is not required if the procurement is for real property or water rights; and
5.
Compliance with all Subsections (except Subsection B.6.b) is not required if the procurement is for the provision of legal, accounting, or administrative services.
2.03.030 - Procurement Contracts/Uniform Terms and Conditions#
Upon awarding a procurement (or other than those exempt procurements set forth in Section 2.030.030) to a vendor or service provider, the Town shall require the party to enter into a basic written contract containing clauses which clearly sets forth the material terms of the procurement including: price, method of payment, date of delivery or completion and a clear scope of the goods and/or services provided. In addition, the Town shall attach thereto, and incorporate by reference, a uniform set of terms and conditions of procurement which the Town may modify and revise from time to time by resolution of the Town Council.