ORDINANCE NO. 121-14 – 8/22

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ORDINANCE NO.  121-14

AN ORDINANCE TO AMEND SECTION 2-147 OF THE CODE OF ORDINANCES

OF THE CITY OF OPELIKA, ALABAMA

BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1.  Amendment.  That Section 2-147 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read as follows:

Sec. 2-147. Purchasing agent Generally.

There is hereby established the office of purchasing agent.  The offices of purchasing agent and revenue officer may be consolidated with the approval of the city council. Subject to the administrative direction of the mayor, the purchasing agent is authorized to contract for and make purchases of all supplies, materials, equipment and services required by the city, subject to the following limitations:

(a)  Budgetary requirements.  Neither the mayor, the purchasing agent nor any other officer or employee of the city shall make purchases in the name of the city, on the credit of the city or create any debt or liability against the city, unless the expenditure has been previously authorized by the city council, or unless the funds for such expenditure have been appropriated by the city council, either specifically or in the annual budget of the city.

(b)  Competitive bidding requirements.  All procurements for the city shall be awarded in accordance with the applicable provisions of the Code of Alabama 1975 Tits 39 and 41 (Code of Alabama 1975 §§39-1-1 etc., 41-1-1 etc., and in accordance with the provisions of this article.  For those types of contracts meeting threshold requirements for competitive bids, invitation for bids shall be issued by the purchasing agent and shall be awarded upon the approval of the city council.

(c)  Professional services. Any contract for the purpose of procuring professional services as defined by the competitive bid laws of the State, with a value greater than required for competitive bidding, shall be awarded by the City Council in the form of a professional services contract.  Any such contract with a value less than required for competitive bidding shall be awarded by the purchasing agent.  Contracts for professional services as defined in the Competitive Bid laws of the State of Alabama are exempt from competitive bidding.

(d)  Electric and sewer system purchases.  The purchase of equipment, supplies or materials needed, used or consumed in the normal and routine operation of the City’s municipally owned electric and sanitary sewer systems shall be exempt from competitive bidding provided no part of the operating expenses of said system or systems have, during the current fiscal year, been paid from revenues derived from taxes or from appropriations from the general fund of the City.

(e)  Small purchases. Contracts for small purchases of $500.00 or less may be approved by the mayor, the department heads, division managers or their designees without proposals or quotations.  The purchasing agent shall adopt operational procedures to facilitate small purchases.  Such operational procedures shall require the proper accounting for funds expended and facilitate an audit of the small purchase made.

(f)   Motor vehicle repairs.  The mayor, department heads, division managers and their designees are hereby authorized to contract for the purchase of automotive repair parts or enter into contracts for repair of motor vehicles for amounts of $1500.00 or less without proposals or quotations, subject to the administrative instructions of the mayor.

(g)  Emergency purchases.  Notwithstanding any other provisions of this article, the purchasing agent may make or authorize others to make emergency procurements of commodities and services.  In cases of emergency affecting the public health, safety or convenience, so declared in writing by the purchasing agent, setting forth the nature of the danger to public health, safety or convenience involved in delay, requisitions may be submitted and purchase orders issued for the purchase of materials, services, equipment, supplies, or other personal property to the extent necessary to meet the emergency without public advertisement pursuant to §41-16-53, Code of Alabama 1975; provided, however, that proper documentation and verification of the facts supporting the same shall be submitted to the purchasing agent and approved by the city council.

(h)  Sole source purchases.  A contract may be awarded without competition when the purchasing agent receives in writing a valid justification from the requesting department head/division manager that there is only one source for the required supply or service item or, by the nature of an item, the bid cannot be awarded by competition.  Such written justification shall include specific facts which support the conclusion that there is only one source.  The purchasing agent shall conduct a good-faith review of available sources and conduct negotiations, as appropriate, as to price, qualifications, delivery and terms. Sole source justifications must receive the approval of the purchasing agent and the mayor.

(i)  Requisitions and purchase orders.  Except as otherwise stated herein, a purchase requisition must be submitted or transmitted to the purchasing agent in order to receive a purchase order to acquire with city funds, materials, equipment, supplies, other personal property, or services.  The requisition shall be initiated and properly documented by the requisitioning department head, division manager or their designees and sent to the purchasing agent. All purchases executed by the purchasing agent will be made pursuant to an approved requisition from the department head or division manager whose appropriation is to be charged.  Insofar as it is practical, as determined by the purchasing agent, for purchases of $500.00 or more up to the amount required by competitive bids for purchases of materials, supplies, equipment, merchandise or services, and $1500.00 or more up to the amount required for competitive bids for purchases of automotive repairs, parts and accessories, competitive prices will be solicited from at least three vendors. Approval shall be made by the purchasing agent to the responsive and responsible vendor offering the lowest quoted price. Such written quotes shall be maintained as public record.

(j) Field Purchase Orders. Commodity purchases (personal property), which are $500.00 or less, for immediate delivery and not fleet related, can be made without a purchase order, except in cases of prepayments.  No purchase shall be made unless the department has adequate budgeted funds to cover the amount of the purchase.

(k)  Credit card purchases. The Mayor may authorize certain officials, officers, employees and municipal board member to use a City credit card to pay work-related expenses.  All such purchases shall be made in accordance with all City guidelines and procedures. No purchases of personal items shall be made on City credit cards, even if the intent is to reimburse the City.

(l)  Responsible bidder/contractors.  The City will make awards to responsible bidders or contractors possessing the ability to perform successfully under the terms and conditions of the procurement.  Consideration will be given to such matters as the bidder/contractor’s integrity, compliance with public policy, record of past performance, relevant experience, reliability, capacity, facilities, equipment and credit which will assure good-faith performance, technical resources and other necessary essential qualities to assure financial stability and adequate personnel.  If a bidder or contractor who otherwise would have been awarded a contract is found non-responsible, a written determination of non-responsibility setting forth the basis of the finding, shall be prepared by the purchasing agent.  The failure of a bidder or contractor to supply prompt information in connection with an inquiry with respect to responsibility may be grounds of a determination of non-responsibility with respect to such bidder or contractor.   A copy of the determination shall be sent promptly to the non-responsible bidder or contractor. The final determination shall be made part of the contract file and be made a public record.

(m)  Promulgation of rules and regulations. The purchasing agent, subject to the direction of the mayor, is authorized to promulgate rules, regulations and policies in furtherance of the provisions of this article.

(n)  Controlling laws.  All procurements of goods, materials, equipment, supplies, personal property or services shall comply with all federal, state and local laws, rules and regulations.  To the extent this article may conflict with any superseding federal or state law, it shall automatically conform to such federal or state law.

Section 2.  Severability Clause.  If any section, subsection, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of valid jurisdiction, it is expressly provided that any and all remaining portions of this ordinance shall remain in full force and effect.  The City of Opelika declares that it would have adopted this ordinance, and each section, subsection, clause, sentence or phrase thereof irrespective of the fact that any one or more section, subsection, clause, sentence or phrase be declared unconstitutional or invalid.

Section 3.   Repealing or Savings Clause.  All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict.  All remaining portions of said Ordinance shall remain in full force and effect.

Section 4.    Effective Date.  This ordinance shall become effective upon its passage and publication as required by law.

Section 5.  Publication.  The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED this the 19th day of August, 2014.

/s/C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE

CITY OF OPELIKA, ALABAMA

ATTEST:

/s/R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 20th day of August, 2014.

/s/R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 20th day of August, 2014.

/s/Gary Fuller

MAYOR

ATTEST:

/s/R. G. Shuman

CITY CLERK

Legal run 8/22/14

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