2.20.050 Business dealings with borough.
Subject to all other applicable ordinances, an entity disclosed by an official under subsection (a)(6) of this section may sell to, barter with, or buy from the borough only as provided below.
(a) Sales to the borough:
(1) A sale to the borough for $500 or less is permitted if it is at a price prevailing in the community.
(2) A sale to the borough following competitive bidding purchasing procedures as required in Chapter 11.20 KGBC is permitted if:
a. An invitation to bid is published requesting sealed bids and the borough selects the bid which is the most advantageous to the borough; or
b. The procurement is by a request for proposals (RFP) process under which the borough assembly awards the contract to the respondent which is most advantageous to the borough; or
c. The procurement is a noncompetitive, sole source, or emergency procurement; and
1. The borough assembly adopts a finding that such procurement method is justified, setting out the facts which support that finding and make procurement by the method the most advantageous to the borough; and
2. The borough assembly approves the award.
(3) A sale to the borough for over $500 and less than the amount required to follow the competitive bidding purchasing procedures as required in Chapter 11.20 KGBC is permitted if the sale amount is the lowest of the three written quotes as obtained by borough staff.
(4) Before a sale by an assembly member or the manager, attorney, or clerk under subsection (a) of this section for procurement by formal competitive sealed bids or competitive sealed proposals is allowed, notice of the proposed action shall be provided in writing to the borough clerk prior to submission of a bid or proposal. That notice shall be made available at the next borough assembly meeting.
(5) At least once a quarter a report shall be furnished to the borough assembly listing the number of sales and total price.
(6) In addition to filing the annual financial disclosure statement with the office of the borough clerk, as directed by the Alaska Public Offices Commission, officials shall, as changes occur, submit an updated statement to the borough clerk of business entities in which the official has a financial interest as defined in the APOC financial disclosure statement. The clerk or manager may, where warranted by a particular procurement, inquire of an official regarding whether they have a substantial financial interest in a transaction.
(b) Purchase from the borough:
(1) Purchase from, or barter exchange with, the borough for $500 or less or equivalent value is permitted if it is at a price or rate prevailing in the community and such purchase or exchange is offered to the public; or
(2) Purchase from or barter exchange with the borough for any amount or equivalent value is permitted if an invitation to bid is published requesting sealed bids and the borough selects the bid which is the most advantageous to the borough.
(c) For purposes of this section only, the term “official” does not include members of the school board, or members of a board, commission, or committee of the borough or School District whose appointment is subject to confirmation by the borough assembly or school board. [Ord. No. 1578, §1, 12-20-10; Ord. No. 1532, §1, 9-8-09; Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.040.]