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HomeMy WebLinkAbout23. 12-317JUNE 12, 2012 12 -317 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND CHAPTER 12 / FINANCE (PURCHASING) INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING CHAPTER 12 PERTAINING TO FINANCE AND PURCHASING The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Chapter 12 of the Oshkosh Municipal Code pertaining to Finance and Purchasing is hereby created to read as follows: (See attachment. A copy of the ordinance is available for review in the Office of the City Clerk or on the City's website at www.ci.oshkosh.wi.us) SECTION 2. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #12 -XXX AMEND CHAPTER 12 / FINANCE on June 26, 2012. The ordinance updates the city's municipal ordinances pertaining to Finance Administration and Purchasing. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone 920/236-5011. ( 0 OlHKOlH TO: Honorable Mayor and Members of the Common Council FROM: Peggy Steeno, Finance Director Lynn A. Lorenson, City Attorney DATE: June 7, 2012 RE: Amendments to Chapter 12- Finance BACKGROUND Chapter 12 Finance of the City's Municipal Code covers Fiscal Regulations - related primarily to the City budget, procedures for disbursements and payment of property taxes in installments, purchasing regulations; and the disposition of abandoned and surplus property. Since this chapter was last updated in October 2000, there have been a number of changes in staff and technology and a number of concerns have been raised regarding the application of the current language. At the direction of the City Manager, staff reviewed and proposed changes to the ordinance which were then presented to the Long Range Finance Committee for review and recommendation. Comments from this Committee were incorporated into the final proposal being presented to the Council. The general considerations underlying the review and revision of the ordinance included complying with statutory requirements; following prudent business practices; providing a means to obtain the highest quality goods and services at the best prices; establishing an open, clear, understandable and fair set of procedures and rules governing city purchases; establishing procedures which balance the costs of those procedures with the benefits gained; and appropriately balancing the authority between the city manager and the city council . ANALYSIS Because so much of the Chapter was reorganized and rewritten, it was not practical to provide a redlined version of the Chapter. A brief summary of each Article is provided below. In addition, an outline of the proposed revisions and a table setting forth the changes in purchasing procedures from the current ordinance to the proposed ordinance is attached. Article l — Fiscal Regulations Minor changes to terminology were made in this section to update the code to be consistent with current terminology and practices. The proposed changes do not reflect any changes in the current practices. A provision requiring the Purchasing Agent to keep records of insurance policies on all city properties was deleted. This provision was likely in the current ordinance due to the way the division was structured in 2000 when the previous amendments were made to the ordinance. It is more appropriately placed in Chapter 2 with the administrative provisions of the code and will be included in that chapter which is also under review. # 'b 41. : Article IL Purchasing This Article was reorganized and revised to more clearly set forth the authority and responsibility for purchasing functions in the Purchasing Authority, currently designated as the General Services Bureau Manager; to establish a number of general provisions setting forth the basic rules to be applied to all purchasing; and to create separate sections setting forth the particular requirements for the various types of purchases. The attached outline summarizes the basic provisions applicable to the various types of purchases and the attached table compares the requirements for the various types of purchases under the current and proposed ordinances. Article Ill. Abandoned or Surplus Property This Article clarifies and updates the provisions related to abandoned or surplus property and complies with the City's current practices. FISCAL. IMPACT Many of the proposed changes simply update and clarify current language and would not have any anticipated fiscal impact. The proposed change to the current ordinance requirement related to public notice for purchases of equipment, materials, supplies and contractual services anticipated to exceed $25,000 would potentially save the City some costs of publication. While the Purchasing Authority may determine in an individual case that publication is appropriate, the proposed revisions would not require that publication in every case. RECOMMENDATION Staff recommends adoption of the proposed ordinance. 3 Resctfully Submitte Lynn A. Lorenson e City Attorney 26pvio TSteeno Finance Director Approved: _e Mfk Rohl off City Manager Chapter 12 Article I Fiscal Regulations • Updated terminology related to budget • Deleted reference to keeping record of insurance (Chapter 2 organizational reference) Article II Purchasing • Designation of "Purchasing Authority" • Grant of Authority • Clarify and centralize purchasing authority and functions • Create General Provisions Section (New 12 -8) covering: • : $25,000 City Manager Approval • >$25,000 Council Approval required — exceptions must be specific and are limited • No serial purchases to avoid application of rules • Applies to all purchases regardless of source of funding • Authorize multi -year and renewal agreements if included in original request (up to 5 year maximum) • Change Orders — • Within Budget & <$25,000 & <15% = City Manager approval • Over Budget or >$25,000 or >15% = Council approval • Emergency or Necessity = City Manager approval, Report to Council if CO would otherwise require Council approval • Annual Report for Vendors or Service Providers with annual total aggregate payments of $300,000 or more • Public Works Contracts o Definition of public works o Statutory Requirements— Must be Bid if >$25,000 o Council Approval if >$25,000 • Other than "Public Works" -- Services, Materials, Supplies Equipment o In General (new 12 -10) >$25,000 Bid (similar to but less stringent than statutory public works process) Process for Bids — invitation, publication, evaluation, recommendation to award, protest Publication — not required to publish in newspaper ■ Criteria for evaluation ■ Tie bids ■ Protest procedure o $1,500 - $25,000 -- Competitive Quotations (Removed former categories of formal and informal quotations) • Less formal process than bidding • Three quotes • Sole Source • No requirement to seek bids or quotations • >$25,000 council approval • Commodities (ex. Fuel) ■ No requirement to seek bids or quotations ■ No limitation - budgeted items ■ No Council approval ■ Generally competitively quoted, however, this provision gives flexibility if market conditions dictate a different approach • Used or Surplus Equipment ■ No requirement to seek bids or quotations ■ >$25,000 council approval • Emergency Purchases • No requirement to seek bids or quotations • No council approval, report to council • Cooperative Purchasing ■ No requirement to separately seek bids or quotations <$25,000 City Manager Approval ■ $25,000 - $75,000 Report to Council ■ 1$75,000 Council Approval • Professional Services ■ No requirement to seek bids or quotations ■ <$25,000 City Manager Approval ■ $25,000 - $75,000 Report to Council ■ 1$75,000 Council Approval it No limit on length of time for agreement or upon renewals Article 111. Abandoned or Surplus Property • Updated to reflect current practices Limits and Process Report or Approval , Limits and Process under Report or Approval required under under current ordinance Required under current draft ordinance draft ordinance ordinance Public Works Statutory Approved by the Council Statutory <$25,000 Approved by City Manager Construction Projects >$25,000 must be bid - >$25,000 must be bid - >$25,000 Approved by Council statutory requirements of statutory requirements of notice and publication notice and publication Purchases of <$10,000 Informal Quotes < $25,000 Approved by <$1,500 no specific x$25,000 Approved by City Manager Equipment, Materials, $10,000 - $25,000 Sealed City Manager requirements for Quotes >$25,000 Approved by Council Supplies and Formal Quotations >$25,000 Approved by $1,500 - $25,000 Quotes Contractual Services >$25,000 Official Bids Council >$25,000 Bids Sole Source / Unlimited, City Manager City Manager to report to Does not require formal x$25,000 Approved by City Manager Standardization / Approval only Council competitive bidding or >$25,000 Approved by Council _ g2mpatibili ty q uotation proce Commodities (fuel) Not specified in current None, authorization has Does not require formal Approval by City Manager ordinance been under resolution competitive bidding or q uotation process Surplus Equipment Not specified in current Not specific, may have Does not require formal < $25,000 Approved by City Manager ordinance been done under former competitive bidding or >$25,000 Approved by Council p rovision for negotiation quotation process Emergency Purchases Unlimited, City Manager City Manager to report to Does not require formal City Manager to Report to Council Approval only Council competitive bidding or q uotation process Cooperative Purchasing Unlimited, City Manager City Manager to report to Does not require formal < $25,000 Approved by City Manager Approval only Council competitive bidding or $25,000 - $75,000 Report to Council quotation process to be > $75,000 Approval by Council done sep by Cit Professional Services Unlimited, City Manager City Manager to report to Does not require formal < $25,000 Approved by City Manager Approval only Council competitive bidding or $25,000 - $75,000 Report to Council q uotation process > $75,000 Approval by Council More Favorable Price Unlimited, City Manager City Manager to report to Not Applicable Not Applicable through Negotiation Approval onl y Council Change Orders Not addressed in current Not specific, general No specific limits set for Within Budget &:<$25,000 & <15% = City ordinance practice has been amounts of change orders, Manager approval approval by Council if limits set for approval Over Budget or >$25,000 or >15% original contract was purposes Council approval approved by Council Emergency or Necessity = City Manager approval + Report to Council if Council approval otherwise would be required City of Oshkosh CHAPTER 12 FINANCE ARTICLE 1. FISCAL REGULATIONS 12 -1 FISCAL YEAR 12 -2 CITY MANAGER TO PREPARE ANNUAL BUDGET 12 -3 BUDGET OVERDRAFTS 12 -4 CITY OFFICERS TO PAY RECEIPTS MONTHLY 12 -5 MUNICIPAL DISBURSEMENTS 12 -6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES ARTICLE II. PURCHASING Municipal Code Revised thru )Wxxtl2 12 -7 AUTHORITY 12 -8 GENERAL PROVISIONS 12 -9 PUBLIC WORKS CONSTRUCTION PROJECTS 12 -10 PURCHASE OF EQUIPMENT, MATERIALS, SUPPLIES, AND CONTRACTUAL SERVICES 12 -11 SOLE SOURCE 12 -12 PURCHASES OF COMMODITIES 12 -13 USED OR SURPLUS EQUIPMENT 12 -14 EMERGENCY PURCHASES 12 -15 COOPERATIVE PURCHASING PROGRAMS 12 -16 PROFESSIONAL SERVICES ARTICLE Ill. ABANDONED OR SURPLUS PROPERTY 12 -17 ABANDONED OR SURPLUS PROPERTY ARTICLE 1. FISCAL REGULATIONS SECTION 12 -1 FISCAL YEAR The calendar year shall be the fiscal year. SECTION 12 -2 CITY MANAGER TO PREPARE ANNUAL BUDGET The City Manager shall prepare, submit, and recommend to the Council a proposed annual budget on or before the 1 st day of November of each year. SECTION 12 -3 BUDGET OVERDRAFTS City of Oshkosh Chapter 12 — Page 1 Municipal Code City of Oshkosh Municipal Code Revised thru xxlxx/12 (A) Prohibited No City officer, employee or agent, including the members of all boards and commissions, either acting individually as officers, employees, or agents, or acting in concert as a board or commission, shall overdraw the annual budget as adopted by the Common Council for the particular department or phase of City work with which such officer, employee, agent, board or commission is charged. Such prohibition against overdrafts is intended to apply to each particular item set out in the particular budget of each department, or devoted to some particular phase of City work, except as otherwise allowed pursuant to the following Subsections. (B) City Manager Action Required for Overdrafts of Accounts In the event that any overdraft of any divisional budget in the annual budget is to be made the department head, board or commission officer, agent, or employee requesting the same shall present his or her request to the City Manager in writing, setting forth the amount requested and the reason therefore. If the City Manager deems it necessary to permit an overdraft covering the divisional budget and if there are sufficient and available funds in the departmental budget, the City Manager may cause the necessary and appropriate transfer to be made by written executive order. (C) Council Action Required for Overdrafts of the Approved Annual Budget In the event that of an overdraft of any approved departmental budget is to be made, the department head, board or commission officer, agent, or employee requesting the overdraft shall present his or her request in writing to the City Manager, setting forth the amount requested and the reason(s) therefore. if the City Manager determines that it is necessary to permit the requested overdraft the City Manager shall recommend approval of the overdraft to the Council, the Council may then cause the necessary and appropriate transfer to be made in such amount as the Council shall determine. SECTION 12 -4 CITY OFFICERS TO PAY RECEIPTS MONTHLY See Section 65.10, Wisconsin Statutes. SECTION 12 -5 MUNICIPAL DISBURSEMENTS (A) State Statutes Adopted All municipal disbursements shall be made in accordance with the provisions of Section 66.0607 of the Wisconsin State Statutes, except as hereafter provided. (B) Facsimile Signatures-of Officials All order checks shall be signed by the City Manager, City Treasurer, and City Clerk. In lieu of the personal signatures of the City Manager, City Clerk, and City Treasurer, there may be affixed on all order checks drawn against a City Depository for all purposes the facsimile signatures of such persons as adopted by them and the Council. The use of such facsimile signature shall not relieve any municipal official from any liability to which he or she is otherwise subject, including the unauthorized use thereof. Any depository shall be fully warranted and protected in making payment on any check bearing such City of Oshkosh Chapter 12 - Page 2 Municipal Code City of Oshkosh Municipal Code Revised thru xxha112 facsimile notwithstanding that the same may have been placed thereon without the authority of the designated persons. (C) Filing Vouchers Prior to the issuance of any disbursement, a proper voucher containing the name of the claimant and the address and amount and nature of the claim shall be filed with the City Treasurer either by the claimant or by the board or commission which authorized the expenditure, who will prepare a list of the same to be filed with the City Clerk. (D) Issuance of Orders Upon the filing of such vouchers, the City Clerk shall issue orders to the City Treasurer in accordance with said Section 66.0607. SECTION 12 -6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES Taxes, special assessments and special charges shall be paid and collected in the City as provided in Chapter 74 of the Wisconsin Statutes, and as herein provided. (A) Full Payment Taxes and special assessments may be paid in one payment on or before five (5) working days after January 31. Special charges and other taxes must be paid in full on or before five (5) working days after January 31. (B) Installment Pa menu Taxpayers have the option of paying their real estate taxes and special assessments in four installments, each equal to twenty -five percent (25 %) of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (C) Minimum Installment If the amount of either real estate taxes or special assessments is less than $100, the amount shall be paid in full on or before five (5) working days after January 31. (D) Personal Property Taxes (1) All taxpayers have the option of paying personal property taxes on improvements on leased land in four installments, each equal to 25% of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (2) Notwithstanding any other provision to the contrary, all personal property taxes not subject to paragraph (1) above shall be paid in full on or before five (5) working days after January 31. (E) Interest Penalty. City of Oshkosh Chapter 12 - Page 3 Municipal Code City of Oshkosh Municipal Code Revised thru xxtxxtl2 Any payment not received on or before five (5) working days after its due date shall have added thereto interest at the rate of one percent (1 %) per month or fraction thereof until paid in full. Delinquent payments shall accrue interest as of February 1. ARTICLE II. PURCHASING SECTION 12 -7 AUTHORITY The General Services Bureau Manager is hereby designated as the Purchasing Authority for the City of Oshkosh and shall make all purchases for all City departments, whose funds are under the direction of the City Manager or Council. The Purchasing Authority will be responsible for city purchases, but may delegate to others the tasks related to purchasing. Those city entities, whose funds are not under the direction of the City Manager or Council, may, upon mutual agreement, utilize the services of the Purchasing Authority. Regardless of whether purchasing is performed by the Purchasing Authority, a designee of the Purchasing Authority or another city entity, all purchasing shall be done in accordance with state statutes, municipal code, and the city's purchasing policies and on the basis of the lowest price commensurate with quality, service, and delivery. SECTION 12 -8 GENERAL PROVISIONS (A) The City's Purchasing Authority or City Departments or Divisions may purchase supplies, equipment, goods and materials, and recommend that the City enter into agreements or contracts for services or Public Works when the costs of the same have been included in the approved City budget. Except as specifically excluded by State Statute or this Municipal Code, when the estimated aggregate costs may exceed twenty -five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. (B) The City Manager and his/her designee shall be authorized to enter into agreements or purchase orders as appropriate, when the costs have been included in the City Budget and the estimated aggregate costs of the purchase will not exceed twenty -five thousand dollars ($25,000). (C) No contract or purchase shall be done by serial purchases or otherwise artificially subdivided to avoid complying with the requirements of this ordinance. (D) This Chapter shall apply to every purchase regardless of the source of the funds to be used for the purchase, including state and federal assistance, gifts, grants and any other funds received by the City, except nothing in this Chapter shall prevent the City from complying with the terms and conditions of any federal or state grant or other assistance requirements. (E) Upon approval of the City Manager, the City may enter into multi -year agreements or renew existing agreements for supplies, equipment, goods and materials, and/or services, with an initial term of no longer than three (3) years and with extensions thereof up to a City of Oshkosh Chapter 12 — Page 4 Municipal Code City of Oshkosh Municipal Code Revised thru Wx)(J12 maximum of five (5) years in total duration, when the original bid or quotation requested pricing for multiple years or the option for renewal and the appropriate department head together with the Purchasing Authority determines that it is in the best interest of the City to enter into the multi -year agreement or renewal. (F) Change orders are required for changes in project scope or cost. Change orders will be made in accordance with the following procedures: 1. Approval authority. Unless otherwise specified, change orders can be approved by the City Manager for an amount within the amount budgeted, up to $25,000 or 15% of the contract price, whichever is lower. Any Change order in excess of the budgeted amount, in excess of $25,000 or in excess of 15% of the contract price, shall require recommendation by the City Manager and approval by the Common Council. 2. For contracts or purchases which were not approved by the Common Council because they were estimated to not exceed $25,000, change orders shall not cause the total contract or purchase to exceed $25,000 without Council Approval. 3. Notwithstanding the limitations contained in paragraphs 1 and 2 above, the City Manager shall have the authority to approve change orders which, in the City Manager's discretion, are in the best interests of the City and necessary to not impede progress upon a project or required by emergency or other necessity. The City Manager shall report change orders entered into under this paragraph which would have required Council approval to the Common Council as soon as practicable and within 60 days of approval of the change order. (G) The City Manager shall prepare and submit to the Common Council a written report concerning purchases for any vendors or service providers whose total aggregate purchases in a single calendar year exceed $300,000. SECTION 12 -9 PUBLIC WORKS CONSTRUCTION PROJECTS In accordance with Wisconsin State Statute Section 62.15, as amended or renumbered, all Public Works projects for which the cost may exceed $25,000 must be competitively bid. The bidding and award process for such projects shall be governed by Section 66.0901, as amended or renumbered, of the Wisconsin State Statutes. All public works projects for which the cost may exceed $5,000 but are anticipated to not exceed $25,000 must be noticed with a Class I Notice as provided in Wisconsin State Statute Section 62.15. 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 graveling, City of Oshkosh Chapter 12 -- Page 5 Municipal Cade City of Oshkosh Municipal Code Revised thru )aha/12 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 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 PURCHASES OF EQUIPMENT, MATERIALS, SUPPLIES, AND CONTRACTUAL SERVICES Except as provided in sections 12 -12 through 12 -17 below, all purchases of equipment; materials; supplies; and contractual services, including but not limited to, telephone services, cleaning and dry cleaning services, rental, repair or maintenance of equipment, machinery or other property to be owned or used by the City shall be done according to the following procedure: (A) Purchases or Contracts for Services Supplies, Materials and Equipment in excess of $25,000 W- Competitive Sealed Bids When the estimated aggregate costs for contractual services, materials and equipment may exceed twenty -five thousand dollars ($25,000) the Purchasing Authority, or designee, shall take competitive sealed bids: 1. Invitation for Bids. Where competitive sealed bidding is utilized, an Invitation for Bids shall be issued which shall include a purchase description and all contractual terms and conditions applicable to the procurement. 2. Public Notice. Appropriate public notice of the Invitation for Bids shall be given a reasonable time prior to the date set forth therein for the opening of bids, as required by law, or in accordance with policy approved by the City Manager. 3. Bid Opening. Bids shall be opened publicly at the time and place designated in the Invitation for Bids. The amount of each bid, and such other relevant information as may be specified in the Invitation for Bids, together with the name of each bidder, shall be recorded. The record and each bid shall be open to public inspection. 4. Bid Acceptance. Bids must be submitted timely, be substantially complete and when applicable, must include any pre - qualification documentation and bond requirements. 5. Bid Evaluation and Award. Bids shall be evaluated based on the requirements set forth in the bid documents, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, environmental responsibility, economic sustainability, delivery and suitability for a particular purpose. The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the bid documents. Such criteria may include: City of Oshkosh Chapter 12 — Page 6 Municipal Code City of Oshkosh Municipal Code Revised thru xxfxxfl2 • the ability, capacity and skill of the bidder to perform the contract or provide the service required; • whether the bidder can perform or contract 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 the equipment supplies or contractual services to the particular use required; • the ability of the bidder to obtain or provide future maintenance and services for the use of the subject of the contract; • the number and scope of conditions attached to the bid. Minor errors in bid procedures shall not be grounds for delaying or prohibiting Common Council approval of a purchase. Minor errors include, but are not limited to, errors in a bidder's completion of bid documents which are not material to the bid itself; which indicate no apparent prejudice to the public or other bidders, and which have no indication of compromising the integrity of the bidding process. The Purchasing Authority shall have authority to reject any and all bids or parts of all bids and re- advertise or re- solicit bids whenever it is deemed to be the best interest of the City, 6. Tie Bids. While state law does not allow a local preference, in the event that identical lowest bids are received for the same contract total amount with unit price, quality and service being equal, the contract shall be awarded to a bidder with a business located within Oshkosh city limits. If there is no bidder with a business located within Oshkosh city limits the contract shall be awarded to one of the tie bidders by drawing lots. 7. Recommendation to Award. A bid tabulation summarizing the bids received for each item listing the name, bid price and other bid details shall be submitted by the Purchasing Authority to the City Manager with recommendation to award to the Common Council. 8. Protest. Any interested party who wishes to protest the award of a competitive bid must submit a detailed statement in writing of the grounds for protest and any supporting documentation to the Purchasing Authority prior to bid award. The appealing party must be an actual or prospective bidder whose direct economic interest would be affected by the award, or failure to award the contract bid. Award of contract will be suspended temporarily unless this action will cause undue harm to the City of Oshkosh. The Purchasing Authority shall issue a determination upon the protest and notify protesting party and the lowest responsible bidder of the determination. Thereafter, the Purchasing Authority may reject any or all bids, City of Oshkosh Chapter 12 — Page 7 Munfcfpal Code City of Oshkosh Municipal Code Revised thru )odpol2 make a Recommendation to Award as provided in Paragraph 7 above or take such other action as may be appropriate. (B) Purchases or Contracts for Services Supplies, Materials and E ui ment greater than $1,500 but not in excess of $25,000 — Competitive Quotations When the purchase of contractual services, supplies, materials and equipment is expected to be greater $1,500 but not in excess of $25,000, the Purchasing Authority, or designee, shall solicit competitive quotations for contractual services, supplies, materials and/or equipment. 1, Competitive quotations. Whenever practicable, the Purchasing Authority shall solicit three competitive quotations from prospective suppliers. 2. Solicitation methods. The solicitation will require formal quotations to be delivered to the Purchasing Authority or designee as specified in the solicitation, in writing by direct mail, facsimile, telephone, email or in- person delivery by a date and time specified. SECTION 12 -11 SOLE SOURCE Upon approval of the City Manager to do so without following a formal competitive bidding or quotation process, the City's Purchasing Authority or City Departments or Divisions may enter into agreements for the purchase of service(s), material(s), supplies, or equipment item(s) that is (are) available from only one source of supply or when standardization or compatibility is the overriding consideration. When the estimated aggregate cost of a purchase made under this paragraph may exceed twenty -five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. SECTION 12 -12 PURCHASES OF COMMODITIES Subject to approval of the City Manager, the City's Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process and without separate approval from the Common Council for the purchase of commodities when the Purchasing Authority determines that it is in the best interest of the City to do so. For purposes of this ordinance, commodities shall mean products, such as fuel, which are reasonably homogenous goods or materials and which may be subject to changes or fluctuations in supply and demand and market price such that it is impractical or may not be in the best interest of the City to follow a competitive bidding or quotation process for procurement. SECTION 12 -13 USED OR SURPLUS EQUIPMENT Subject to approval of the City Manager, the City's Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation City of Oshkosh Chapter 12 — Page 8 Municipal Code City of Oshkosh Municipal Code Revised thru XxJW12 process for the acquisition of any used or surplus or excess equipment, materials or supplies, from a federal, state or local government if the Purchasing Authority in consultation with the appropriate department head determines that such acquisition is in the best interest of the City. When the estimated aggregate cost of a purchase made under this paragraph may exceed twenty -five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. SECTION 12 -14 EMERGENCY PURCHASES Subject to approval of the City Manager and without separate approval from the Common Council, the City's Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process for purchases when warranted by an emergency situation: (1) 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 (2) 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 Authority during the next City Hall working day, or as soon thereafter as practicable. Purchases made pursuant to the provisions in this paragraph shall be reported to the Common Council upon Declaration of the end of the Emergency. SECTION 12 -15 COOPERATIVE PURCHASING PROGRAMS Subject to approval of the City Manager, the City's Purchasing Authority or City Departments or Divisions may without following a competitive bidding or quotation process enter into agreements for purchases pursuant to a contract with any other local, state or federal governmental unit or agency. Where a federal, state or local government or cooperative purchasing group made up of purchasing officers from a federal, state or local government, has awarded a contract for the purchase of equipment; materials; supplies; and contractual services, the Purchasing Authority may, using the same terms and conditions of the contract, purchase or lease the same equipment; materials; supplies; or contractual services from the vendor to whom the contract was awarded. The City may participate in cooperative purchasing agreements with other federal, state or local governments. The City may enter into agreements for the common use or lease of facilities with other units of federal, state or local government. The City Manager shall prepare and submit to the Common Council a written report concerning purchases made under this paragraph under a competitive bidding process from City of Oshkosh Chapter 12 - Page 9 Municipal Code City of Oshkosh Municipal Code Revised thru xx/xx112 any cooperative purchasing program anticipated to exceed $25,000 on a single project. When the estimated costs may exceed $75,000, such purchase, agreement or contract shall be approved by the Common Council by resolution. SECTION 12 -16 PROFESSIONAL SERVICES Subject to the approval of the City Manager, the City's Purchasing Authority or City Departments or Divisions without following a competitive bidding or quotation process and without separate approval from the Common Council may enter into agreements, without regard to the limitation on duration for multi -year and renewal agreements specified in section 12 -8 of this code, for the purchase of professional services. For purposes of this ordinance, professional services includes services, the value of which are substantially measured by the professional competence of the persons performing them and which are not susceptible to realistic competition by cost alone, including, but not limited to, those customarily rendered by architects, engineers, surveyors, real estate appraisers, certified public accountants, attorneys, financial advisors, medical and social service providers, computer software applications, systems development and implementation, management and other consultants, promotional programs such as marketing and advertising. The City Manager shall prepare and submit to the Common Council a written report concerning purchases made under this paragraph for any professional services anticipated to exceed $25,000 on a single project. When the estimated costs may exceed $75,000, such purchase, agreement or contract shall be approved by the Common Council by resolution. ARTICLE III. ABANDONED OR SURPLUS PROPERTY SECTION 12 -17 ABANDONED OR SURPLUS PROPERTY (A) SURPLUS PROPERTY The Purchasing Authority 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) On a competitive basis by informal quotation; 2) By public auction such as Osh -Buy; 3) By converting such property to City use; 4) Where the property has no apparent value, by disposal of such property by any appropriate means. 5) Where the property is liquor, fermented malt beverages or contraband, by destruction of such property by any appropriate means. The Purchasing Authority, 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 2 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 City of Oshkosh Chapter 12 —Page 10 Municipal Code City of Oshkosh Municipal Code Revised thru Wxx112 received, for the property and the name and address of the person taking possession of the personal property. (B) FLAMMABLE PROPERTY 1. The Purchasing Authority 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. 2. 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 Authority 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 Authority or designee shall dispose of such items as provided in subparagraph (1) of this subsection. City Of Oshkosh Chapter 12 — Page 11 Municipal Code