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HomeMy WebLinkAbout00-407.docSEPTEMBER 26, 2000 FIRST READING 00-407 ORDINANCE (CARRIED LOST LAID OVER WITHDRAWN .) PURPOSE: AMEND PURCHASING ORDINANCE INITIATED BY: CITY ADMINSTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING ARTICLE II OF CHAPTER 12 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PURCHASING REGULATIONS The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Article II of Chapter 12 of the Oshkosh Municipal Code pertaining to purchasing regulations is repealed and recreated to read as follows: ARTICLE II. PURCHASING SECTION 12-8 AUTHORITY OF PURCHASING AGENT. The Purchasing Agent shall make all purchases for all City departments, which operate under the direction of the City Manager. Those administrative entities, which are not under the direction of the City Manager, may utilize the services of the Purchasing Division. All purchasing shall be done on a basis of the lowest price commensurate with quality, service and delivery. The Purchasing Agent may join with other governmental units in cooperative negotiating and/or purchasing for the purpose of obtaining more economical rates and/or prices. SECTION 12-9 PUBLIC WORKS CONSTRUCTION. (A) STATE STATUTES ADOPTED The provisions of Sections 62.15 and 66.29, of the Wisconsin Statutes, pertaining to public works, contracts and bids, together with any future additions, deletions or supplements thereto, are incorporated as part of this chapter and shall be enforced with the same force and effect as though set forth in full herein. (B) CONSTRUCTION WORK BY THE CITY The Common Council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the City without submitting the same for bids, including but not limited to: grading and groveling, repair, resurfacing and reconstruction of streets or alleys; construction, repair or maintenance of electrical, cable or fiber optics, sanitary or storm sewers, water mains and other above or below municipal utilities; repair, alterations or improvements to, and demolition and removal of structures on municipal property or property to be acquired by the City. SECTION 12-10 FORMAL BIDS, SEALED QUOTATIONS, INFORMAL QUOTES. (A) OFFICIAL SEALED BID When the estimated price exceeds the amount established by Section 16.75(1 )(b), of the Wisconsin Statutes, as may be amended from time to time, the Purchasing Agent, or designee, shall take formal bids for contractual services, materials and equipment. (B) SEALED QUOTATIONS When the estimated price exceeds the amount established by Section Adm 7.09, of the Wisconsin Administrative Code, as may be amended from time to time, the Purchasing Agent, or designee, shall take sealed quotations for contractual services, materials and equipment. (C) INFORMAL QUOTES When the estimated price is less than the amount established by Section Adm. 7.09, of the Wisconsin Administrative Code, as may be amended from time to time, the Purchasing Agent, or designee, may take informal quotations, whether oral or written, for contractual services, materials and equipment. (D) EXCEPTIONS The provisions of this Section do not apply when: 1. the service(s), material(s) or equipment item(s) is(are) available from only one source of supply, or when standardization or compatibility is the overriding consideration; 2. warranted by an emergency situation that threatens the public health, safety, or welfare; and all of the following conditions exist: was unforeseen; calls for immediate action; and cannot be responded to using established procurement methods; or exists as the result of a proclamation under Section 9-2 Declaration of Emergency and Emergency Powers, of this Code; provided in such case, the Department or Division head reports such purchases to the Purchasing Agent during the next City Hall working day, or as soon thereafter as practicable; 3. the purchase is pursuant to a contract with any other local, state or federal governmental unit or agency; or, 4. a more favorable price can be secured by negotiating a purchase agreement with the supplier; or, 5. Professional services are of a continuing or specialized nature, such as appraisals architectural, engineering, environmental, financial, health and medical, legal, planning, real estate, or similar in nature, as approved by the City Manager. (E) REPORT OF CITY MANAGER The City Manager shall prepare and submit to the Common Council a written report concerning any purchases made under paragraph (D) of this Section. SECTION 12-11 AWARD OF CONTRACTS. The Common Council shall award all contracts, which require official sealed bids. The City Manager shall furnish tabulations of all sealed bids and explanations of any exceptions to bidding procedures. The Purchasing Agent shall award all contracts for which official sealed bids are not required, provided sufficient money is available in the budget. SECTION 12-12 ABANDONED OR SURPLUS PROPERTY. (A) SURPLUS PROPERTY The Purchasing Agent shall dispose of all surplus materials or equipment and all personal property which has been abandoned or remained unclaimed for a period of 30 days after the City has taken possession of such property by any of the following means: 1) 2) 3) 4) on a competitive basis by informal quotation; by public auction; by converting such property to City use; or where the property has no apparent value, by disposal of such property by any appropriate means. The Purchasing Agent, or the Oshkosh Police Department in the case of abandoned property held in its custody, shall maintain as a public record for a period of not less than two years from the date of disposal, an inventory of the abandoned or unclaimed personal property, a record of the date and method of disposal including the consideration, if any received, for the property and the name and address of the person taking possession of the personal property. (B) FLAMMABLE PROPERTY The Purchasing Agent or designee may safely dispose of abandoned or unclaimed flammable, explosive or incendiary substance, materials or devices posing a danger to life or property in their storage, transportation or use immediately after taking possession of the substances, materials or devices without a public auction, in consultation with appropriate authorities. If such items do not pose an immediate danger and have commercial value in the normal business usage, or if such items appear to be or are reported stolen, the Purchasing Agent or designee shall attempt to return such items to the rightful owner if ownership can be determined; if such attempt is not successful or ownership cannot be determined, the Purchasing Agent or designee shall dispose of such items as provided in subparagraph (1) of this subsection. SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication.