Chapter 3.05 PROCUREMENT ORDINANCE

Purchasing policies and procedures shall be adopted by the city council from time to time and amended as needed. [Ord. 19-29 § 1 (Exh. A); Code 1997 § 8-3-10.]

3.05.020 Purpose and scope of chapter.

The purpose of this chapter is to simplify, clarify, and modernize the procurement policies of the city, ensure the fair and equitable treatment of all persons who deal with the procurement system of this city, and provide increased economy in city procurement activities. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-1.]

3.05.030 Definitions.

“Annual cumulative threshold” means the maximum total annual amount that a procurement unit may expend to obtain procurement items from the same source.

“Business day” means a day when Riverton City administration offices are open for public business.

“Change order” means a written order signed by the procurement officer, directing the contractor to suspend work or make changes.

“City” means Riverton City Corporation.

“City purchasing agent” or “purchasing agent” means the purchasing agent or assistants whose duties include procurements of goods and services for the entire city.

“Construction” means the process of building, renovation, alteration, improvement, or repair of any public building or public works. Construction does not mean routine operation, routine repair, or routine maintenance of existing structures, buildings or real property.

“Contract” means any agreement by the state, city, or other political subdivision for the procurement or disposal of supplies, services, or construction.

“Goods or supplies” means all property, including equipment, materials and printing.

“Individual procurement threshold” means the maximum amount of purchases for which a procurement unit may purchase a procurement item.

“Invitation for bid” means all documents whether attached or incorporated by reference utilized for soliciting bids.

“Part of the itemized annual city budget” means a specific service or a particular obligation which is described as a line item within the Riverton City budget, as approved annually or as amended. In addition, the specific service or particular obligation must define the scope of the specific service or particular obligation to be paid from the Riverton City budget, and allocates monies which are calculated from methods used to ascertain the cost of a specific service or a particular obligation established in this chapter. A specific service or particular obligation which exceeds limitations set within the Riverton City budget may not be deemed to be a part of the itemized annual city budget under this section. A change order may not be considered a part of the itemized annual budget if the change order increases the goods or services provided under an existing agreement for a specific service or particular obligation and, when added together with the cost for the original specific service or particular obligation, the aggregate cost exceeds amounts budgeted under the corresponding line item of the Riverton City budget.

“Procurement” means buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of a contract, and all phases of contract administration.

“Professional services” includes, but is not limited to, the following services: medical diagnosis or treatment; veterinary; psychological or emotional diagnosis, testing, analysis, counseling or treatment; auditing; banking; insurance; bonding; risk management; engineering; architectural; legal; public surveying and statistical analysis; hazardous substance consulting and disposal; construction management; tax consulting; financial investment; appraisal; title research; geology consulting; hydrology; history; technical writing; seismic consulting; impresarios, producers, directors, music conductors, choreographers, authors, artists, and other artistic services; and other consulting services which require a high level of training, skill and special knowledge not common among lay people.

“Request for proposal” means all documents whether attached or incorporated by reference utilized for soliciting proposals.

“Responsible bidder or offeror” means a person who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability which will assure good faith performance.

“Responsive bidder” means a person or company whose response conforms in all material respects to and terms required by the city in a quote, bid or proposal solicitation.

“Sealed bid” means the delivery or receipt of a bid in a sealed condition, whether in printed form or by electronic means, which remains in a sealed condition until such time as the city opens such bids at a predetermined date and time.

“Services” means the furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. It does not include employment agreements or collective bargaining agreements.

“Single procurement aggregate threshold” means the maximum total amount that a procurement unit may expend to obtain multiple procurement items from one source at one time under this section.

“Specific service” or a “particular obligation” means a service or obligation to be purchased or procured, but not yet purchased or procured, defines the scope of work, and contains a cost estimate which is determined by at least one of the following means: by obtaining two or more preliminary price quotes, bids, or proposals from competing services providers; by established pricing in an existing procurement contract between a vendor and the state of Utah; or by other reasonable means of estimation approved by the Riverton City purchasing manager. A “specific service” or a “particular obligation” may include a combination of goods and services provided by the service vendor, such as (without limitation) the construction and installation of a public facility.

“Surplus property” means city property that is used, obsolete, depreciated, excess or is no longer necessary to current and projected needs as to be unfit or undesirable for use or retention by the city. [Ord. 19-29 § 1 (Exh. A); Ord. 11-07 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-2.]

3.05.040 Procurement authority.

(1) Procurement of supplies, services or construction items where the dollar amount to be paid by the city exceeds $30,000 shall require approval by the city council before being awarded, unless the purchase is for a specific service, or for the payment of a particular obligation which the city council has approved as part of the itemized annual city budget. The city manager may select preapproved budgeted items to present to the city council for informative purposes. All contracts, other than purchase orders, shall require the signature of the city mayor or designee.

(2) The city council delegates to the city purchasing manager, and his/her designee, authority to purchase supplies, services or construction items where the dollar amount to be paid by the city is less than $30,000, or for a specific service, or for the payment of a particular obligation which the city council has approved as part of the annual city budget regardless of the dollar amount to be paid by the city. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-3.]

3.05.050 Small purchases.

(1) Four Thousand Dollars or Less. For purchases up to $4,000, departments may select the best source without seeking competitive quotes. The individual procurement threshold for small purchases valued at $4,000 or less is 10 per budget year.

(2) Four Thousand One Dollars to $10,000. For purchases between $4,001 and $10,000, departments or purchasing agent shall obtain three or more competitive quotes. These quotes may be oral or written; however, a written record documenting the quotes must accompany the request. The purchasing agent shall order the item from the supplier, provider or contractor offering the lowest responsive and responsible quote.

(3) Ten Thousand One Dollars to $30,000. For purchases between $10,001 and $30,000, the purchasing agent shall obtain three or more written quotes, and shall purchase the item from the supplier, provider, or contractor offering the lowest responsive and responsible quote. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-4.]

3.05.060 Large purchases greater than $30,000.

For purchases greater than $30,000, the purchasing agent shall obtain three competitive sealed bids or proposals and shall, in the case of a sealed bid, award the purchase to the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth in the solicitation, and in the case of a proposal, awarded to offerors whose proposals are found to be the most advantageous to the city based upon the criteria factors set forth in the request for proposals. Purchases shall require approval of the city manager or his designee. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-5.]

3.05.070 Artificial division of purchases.

Procurements shall not be artificially divided to avoid using standard purchasing methods and policy. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-6.]

3.05.080 Specifications.

(1) The overall purpose of written specifications is to provide a basis for obtaining a product or service which will satisfy a particular need at an economical cost. It also should invite maximum reasonable competition. To this end, specifications should not be too restrictive but should be closely tailored for an item’s intended use or functional capabilities and levels of performance.

(2) Brand Name or Equivalency. Specifications citing one or more brand name, model number or other designation may identify the specific product of a particular manufacturer as a manner to describe the characteristics of a desired item. Any other brands or models substantially equivalent to those named may be considered for an award; however, the city purchasing agent or designee reserves the right to determine equivalency. This type of specification invites product and price competition across the marketplace and can be identified by the phrase “as equal,” or “acceptable substitute.” Such references are not intended to be restrictive, and bids are invited on these and comparable brands or products of any manufacturer.

(3) Performance specifications are less interested in dimensions and materials and configurations and are more interested in what a product does. It is less interested in how a product is made and more interested in how it performs. Tests or criteria may be developed to evaluate a product’s ability to perform and to endure as required.

(4) The city council, city manager or city purchasing agent may allow others to prepare specifications for the city’s use in making procurements, provided there is no substantial conflict of interest involved. [Ord. 19-29 § 1 (Exh. A); amended during 2011 recodification; Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-7.]

3.05.090 Invitation for bids.

(1) Invitations for bids are used to initiate competitive sealed bid acquisitions and should include instructions and information to bidders concerning the bid submission requirements, including the time and bid opening date, bid number and location to which bids are to be delivered. An invitation for bid may direct or authorize bidders to submit bids electronically. The invitation for bid also requires the acknowledgment of the receipt of all addenda issued to ensure a submission on the latest addendum.

(2) Bidding time is the period of time between the date of distribution of the bids and the date set for opening of bids. Bidding time will be set to provide bidders a reasonable time to prepare their bids. A minimum of 10 calendar days will be provided unless the purchasing agent deems a shorter time necessary. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-8.]

3.05.100 Request for proposals.

Proposals are used when competitive sealed bids are not practicable or advantageous to use. Proposals permit discussion with competing offerors. Proposals allow comparative judgmental evaluations when selecting among a number of offerors. Contracts are awarded to offerors whose proposals are found to be the most advantageous to the city based upon the criteria factors set forth in the request for proposals. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-9.]

3.05.110 Multi-step sealed bids.

(1) Multi-step bidding is a two-phase process consisting of an unpriced technical offer phase and a separate pricing phase. Multi-step sealed bids are designed to obtain the benefits of both a sealed proposal and sealed bid.

(2) The city may utilize competitive multi-step sealed bids for procurement. When appropriate, the purchasing agent shall obtain competitive multi-step sealed bids and award a contract to the lowest responsible and responsive bidder whose unpriced offer has been deemed to be acceptable. If more than one unpriced offer has been deemed acceptable the contract will be awarded to the lowest priced offer. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-10.]

3.05.120 Opening competitive solicitations.

(1) Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid and any other relevant information specified by rules, together with the name of each bidder, shall be recorded.

(2) Proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. The name of each offeror shall be recorded at the time and place designated in the proposal. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-11.]

3.05.130 Addenda.

Addenda shall be issued when new provisions differ from those of the original contract documents and specifications. Addenda shall be considered part of the contract documents and specifications, as though it had been issued at the same time, and shall be incorporated integrally therein. Addenda shall not be issued within 24 hours of the established opening unless the purchasing manager deems necessary.

Bid and proposals shall require the acknowledgment of the receipt of all addenda issued. Submission of a response on the latest addendum to the solicitation, together with all other requirements, constitutes acknowledgment of the receipt of all amendments. Absence of said acknowledgment could invalidate the bid response as determined by the city’s evaluation of bidder’s responsiveness, responsibility, extent of offer, degree of compliance with the specifications and/or determination of an acceptable offer. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-12.]

3.05.140 Public notice.

(1) Supplies, services or equipment where the dollar amount is greater than $30,000 shall be publicized in any or all of the following:

(a) In a newspaper of general circulation, or a newspaper of local circulation in the area pertinent to the procurement.

(b) In industry media.

(d) Via the Internet web page, fax on demand or other method available for public inspection at the city’s administrative services office.

(2) Advertising of bids or proposals at least twice in a newspaper of general circulation at least five days before opening the bids is usually required for:

(a) Public works projects.

(b) Building improvement projects.

(c) Construction items, where the dollar amount is greater than $125,000. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-13.]

3.05.150 Sole source procurement.

(1) A purchase order or contract may be awarded for supplies, services, or construction without competition when the city purchasing agent, city manager, or city council determines:

(a) There is only one source for the required supplies, services, or construction item.

(b) The award to a specific supplier, service provider, or contractor is a condition of a donation or grant that will fund the full cost of the supplies, services, or construction item.

(2) A “grant” means the furnishing of assistance by a public organization, or private source, whether financial or otherwise, to any person to support a city program authorized by the city council. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services, or construction. A contract resulting from the award is not a grant but a procurement contract.

(3) Examples of circumstances which could necessitate sole source procurement are:

(a) Where the compatibility of equipment, accessories, replacement parts, or service is the paramount consideration;

(b) Where a sole source supplier’s item is needed for trial use or testing;

(d) Procurement of public utility service; and

(e) Other circumstances determined by the city purchasing agent, city manager, or city council to necessitate sole source procurement.

(4) The determination as to whether a procurement will be made as a sole source shall be made by the city purchasing agent, the city manager, or his designee. A request for sole source procurement shall be accompanied by an explanation as to why no other supplier or no other item would be suitable or acceptable. Each request will be reviewed by the city purchasing agent on a case-by-case basis and may be rejected if the purchasing agent feels there may be other potential bidders.

(5) The purchasing agent shall conduct negotiations for approved sole source purchases, as to price, delivery, and terms. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-14.]

3.05.160 Mistakes in bids.

If a mistake is attributable to an error in judgment, the bid may not be corrected. If the mistake is because of an inadvertent computational error, the bidder shall notify the purchasing agent no later than three working days following the bid closing. The bidder shall provide worksheets and other information necessary or required by the city purchasing agent to substantiate the claim. Failure to do so may bar such relief and allow recourse from the bid surety, in the discretion of the purchasing agent. The burden is upon the bidder to prove error. [Ord. 19-29 § 1 (Exh. A); amended during 2011 recodification; Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-15.]

3.05.170 Emergency procurement.

(1) An emergency is an immediate and serious threat to public health, life, safety, or property of the city created by flood, epidemic, riot, critical equipment failure, or other cause which creates an immediate and serious need for supplies, services, or construction that cannot be met through normal procurement methods.

(2) Emergency procurement of supplies, services, or construction shall be made immediately by the city purchasing agent (whenever possible), a department director, the city manager or designee, using as much competition as practicable under the circumstances.

(3) The purchasing agent, department director, city manager or designee responsible for making the emergency procurement shall make a written document stating the basis for the emergency procurement. All emergency procurement documents shall require the approval of the city manager.

(4) Emergency procurement of supplies, services, or construction shall be limited to those items necessary to meet the emergency. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-16.]

3.05.180 Tie bids.

“Tie bid” means a low responsive bid from a responsive bidder that is identical in price to a responsive bid from another responsive bidder.

(1) In the event of a tie bid for the provision of a commodity where only one of the bidders having the low responsive bid is a provider of state products, the city purchasing agent shall award the contract to the provider of state products if:

(a) The quality of the commodity offered by the provider of state products is equal to or greater than the quality of the commodity offered by the other tied bidders;

(b) The commodity offered by the provider of state products is suitable for the use required by the public procurement unit; and

(2) Unless subsection (1) of this section applies, the city purchasing agent shall make an award on a tie bid by using one of the following procedures, which shall be selected at the sole discretion of the purchasing agent:

(a) Where a tie bid includes the cost of delivery, awarding the contract to the bidder closest to the point of delivery;

(b) Awarding the contract to the identical bidder who received the previous award, and continuing to award succeeding contracts to the same bidder so long as all low bids are tie bids;

(c) Awarding the contract to the bidder with the earliest delivery date. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-17.]

3.05.190 Insufficient responses.

Where fewer than three responses are made to a solicitation after reasonable efforts have been made to obtain said responses, the purchasing agent shall make a purchase without meeting the requirements set forth in this chapter. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-18.]

3.05.200 Cancellation and rejection of bids.

An invitation for bid, request for proposal, request for quotation, or other solicitation may be canceled, or any or all may be rejected, in whole or part, when it is in the best interests of the city. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-19.]

3.05.210 Special opportunity purchases.

Where a substantial savings will be realized thereby in the purchase of goods or nonprofessional services costing more than $30,000; and provided, that sufficient money has been appropriated for the purchase, a department may avoid competitive bidding or the proposal requirements set forth in this chapter by following the following procedures:

(1) It shall, in its reasonable discretion, obtain offers from competing sources in a manner most likely to meet the purpose of this chapter; and

(2) The department head shall disclose the proposed purchase in a signed written memorandum to the city mayor and city manager, setting out in reasonable detail the reason the purchase is recommended, the reason normal purchasing procedures are not recommended, and the proposed savings along with what efforts have been made to obtain competitive offers; and

(3) The city mayor and city manager each agree in a signed memorandum that they believe that the purchase is justified. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-20.]

3.05.220 Demand contracts.

The city purchasing agent, as requested by the using organizations, may establish demand contracts. The using organizations will actually order the goods or services when utilizing a demand contract.

The term of the demand contract shall be the current fiscal year only as shown on the purchase orders, expiring on June 30th of the current fiscal year. [Ord. 19-29 § 1 (Exh. A); amended during 2011 recodification; Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-21.]

3.05.230 Check requests.

A check request, pay voucher or purchasing card may be an acceptable way to purchase small-cost items by all departments within the city. The departments will order the goods or services when utilizing the check request, pay voucher or purchasing card. The following procedures apply when using a check request, pay voucher or purchasing card:

(1) The total amount of any one invoice or transaction cannot exceed $4,000, and the total annual amount to one vendor must not exceed $10,000 for the year.

(2) The check request or pay voucher may not be authorized when there is a current city contract for the same purpose.

(3) The using organizations are responsible for managing and maintaining their fiscal budgets. Any overexpending of fiscal budgets could be the responsibility of the department’s director.

(4) Check requests, pay vouchers or purchasing card purchases must be turned in on a monthly basis with all invoices attached. Invoice amounts shall not be split or separated into multiple invoices for a single transaction. When an invoice amount for a single transaction would otherwise be over $4,000, but more than one invoice is submitted for the transaction, it will be assumed that the transaction was invoiced multiple times in order to circumvent the limit of $4,000 per transaction. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-22.]

3.05.240 Statewide contracts.

Supplies, services, or construction items may be purchased from statewide contracts without seeking competitive quotes or bids. “Statewide contract” means an existing state of Utah procurement contract. If a nonstate vendor offers a product or service at a price lower than the state bid price, the city manager or designee may authorize procurement from the nonstate vendor without any additional formal bidding process. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-23.]

3.05.250 Interlocal cooperation.

The city manager or designee may authorize an interlocal cooperation with county or state services without any formal bidding. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A). Code 1997 § 6-3-24.]

3.05.260 Cooperative contracts.

(1) Supplies, services or construction items may be purchased by means of joint or cooperative contracts entered into with another governmental entity, or with special districts, school districts and such other similar agencies as the city council may by resolution direct.

(2) If a supplier or contractor of a good or service has an established contract that has been competitively bid, the purchasing manager has the authority to review the procurement process, determine acceptability, and grant permission to participate. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-25.]

3.05.270 City contracts.

Contracting for goods or services is an accepted way of purchasing what is widely used in the city. In order for a purchasing contract to be beneficial, two conditions should be considered:

(1) The annual dollar volume should exceed $10,000.

(2) The frequency of purchases should exceed 20 per year. [Ord. 19-29 § 1 (Exh. A); amended during 2011 recodification; Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-26.]

3.05.280 Exclusive and nonexclusive procurement contracts.

The city may award exclusive and nonexclusive contracts. Unless a contract specifically states it is exclusive, it shall be deemed to be nonexclusive. “Nonexclusive” means that the city may award multiple contracts to more than one contractor for similar supplies or services, as it deems appropriate. Demand contracts under city contracts may be issued if the city purchasing agent deems the demand contract to be an appropriate method to acquire the goods and/or services. Each vendor has its supply chain and one vendor may receive a lower cost for products than another for the same products. Vendors under multiple award contracts should be contacted to determine the best price, delivery or services available to the city. [Ord. 19-29 § 1 (Exh. A); amended during 2011 recodification; Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-27.]

3.05.290 Period of time for contracts.

(1) A contract for supplies or services may be entered into for a one-year term. Options to renew a contract are used as an advantage to reduce administrative time and cost. Normal options would be for a one-year term with one to four additional one-year renewals, not to exceed a total of five years. The city council may approve any term of contract exceptions.

(2) Pay and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriations of funds by the city council.

(3) “Open-ended” (starting date only) contracts, and “evergreen” (automatically renewed) contracts, shall not be permitted. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-28.]

3.05.300 Modifications of contracts.

Contracts (including purchase orders) may be amended, modified, or supplemented only by written amendment to the contract executed by the parties to the contract.

(1) Where market prices are decreasing, the vendor may pass the lower prices on to the city at the same discount rate contained in the contract. If the vendor is unwilling to provide the lower prices to the city, the contract will be canceled and re-bid.

(2) Selected contracts may provide for price adjustment provisions and are a means for stimulating suppliers to bid on indefinite quantity contracts without hedging their prices. These contracts provide for price increases during the contract terms and under certain stated conditions. The contract will provide an initial period during which the bid prices must remain firm against any increase, usually six to 12 months. Any requests for a price increase from the vendor should be submitted in writing and include justification for such increase. Justification for a price increase should be linked to an independent index or indicator not controlled by either the city or the seller. Suppliers must submit necessary data supporting a request for price increase. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-29.]

3.05.310 Purchase of professional or technical services.

Professional or technical consulting services may be procured by any of the following three methods: request for proposal (RFP); multi-step sealed bids; or request for qualifications (RFQ) where the initial selection is based on qualifications, background and experience, and then the fee is negotiated. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-30.]

3.05.320 Construction projects.

Municipal construction projects that exceed $125,000 are governed by Title 11, Chapter 39, Utah Code Annotated 1953, as amended, which is hereby incorporated by reference. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-31.]

3.05.330 Bonding.

Bonding is required for construction projects that are estimated to exceed $25,000. Bonding for those projects is governed by Sections 63G-6-504 and 63G-6-505, Utah Code Annotated 1953, and Title 14, Chapter 1, Utah Code Annotated 1953, as amended, which are hereby incorporated by reference. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-32.]

3.05.340 Change orders.

(1) Under a construction contract, any change order which increases the contract amount shall be subject to prior written certification that the change order is within the determined project budget. The certification shall be made by the fiscal officer of the entity responsible for funding the project or the contract and other officials responsible for monitoring and reporting upon the status of the total project or contract. If the certification discloses a resulting increase in the total project or contract budget, the procurement officer shall not execute or make the change order unless sufficient funds are available or the scope of the project or contract is adjusted to permit the degree of completion feasible within the total project or contract budget as it existed prior to the change order under consideration.

(2) The procurement officer has the authority to make a determination as to the adjustment of the scope of the project. If the change order changes the “intent” or the scope of the project, an additional competitive bid will be required.

(3) If a change order will result in an increase in the total project or contract budget, the change order may not be made, unless:

(a) Sufficient funds are in the project budget;

(b) Sufficient funds are added to the project budget by budget amendment before a change order is authorized verbally or in writing; or

(c) The scope of the project or contract is adjusted to permit the degree of completion feasible within the total project or contract budget as it existed before the change order under consideration.

(4) With respect to the validity, as to the contractor, of any executed change order upon which the contractor has reasonably relied, it shall be presumed that there has been compliance with the provisions of this section. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-33.]

3.05.350 Preference for resident suppliers or contractors.

The city shall grant a five percent preference to resident suppliers or contractors for purchases under $25,000, provided they possess a current city business license. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-34.]

3.05.360 Right to inspect place of business of contractors and suppliers.

The city manager or city purchasing agent may, at reasonable times, inspect the place of business of a contractor or supplier, which is related to the performance of any contract awarded or to be awarded by the city. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-35.]

3.05.370 Protest of specifications or award of contract.

(1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the city purchasing agent.

(2) A protest as to the specifications of a solicitation must be submitted in writing prior to the opening of the solicitation and must list the pertinent facts giving rise to the protest.

(3) A protest as to the award of a contract or purchase order must be submitted in writing within five business days of the time the offeror knows or should have known the intent to award the contract or purchase order and must list the pertinent facts giving rise to the protest.

(4) In the event of a timely protest, the city shall not proceed further with the solicitation or with the award of the contract or purchase order until the protest is sustained or rejected by the city purchasing manager, unless an immediate award of the contract is required to protect substantial interests of the city. Untimely protests will not be considered.

(5) For an appeal from a decision regarding a protested solicitation or award, the aggrieved person shall file a written appeal within seven business days of receipt of a decision rendered or considered to have been rendered.

(6) In the event of a timely appeal of a decision regarding a protest, the city attorney will review all records and sustain the decision of the city purchasing manager or sustain the original protest.

(7) If the purchasing manager or city attorney fails to issue a written decision within 15 business days after the initial protest or appeal, said failure shall be considered the equivalence of an order denying the protest or appeal, unless a subsequent date is agreed to between the city attorney and the appellant. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-36.]

3.05.380 Ineligibility.

In addition to all other remedies permitted by law, the mayor or the city council may declare a bidder or contractor ineligible to bid on city procurement and public works contracts for a period not to exceed five years for any of the following grounds: two or more claims of computational error in bid submission within a two-year period; a not-reasonably-justified refusal to provide or execute contract documents; unsatisfactory performance of contract; unjustified refusal to perform or complete contract work or warranty performance; unjustified failure to honor or observe contractual obligations or legal requirements pertaining to the contract; conviction under state or federal statutes for fraud, bribery, theft, falsification or destruction of records, receiving stolen property or of any other similar crime or offense indicating a lack of business integrity and which would directly affect the reliability and credibility of performance of such a vendor or contractor with future contracts with the city; or based on the limited debarment by another government agency. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-37.]

3.05.390 Prohibited activities.

(1) It shall be unlawful for any employee of the city (or family member of an employee) to ask for or receive, or for a supplier, provider, or contractor to offer, a gratuity, gift, reward, tickets (or anything of value) which could be viewed by any other party as intent to influence the award of any contract or purchase order. Seasonal gifts offered to general city staff and not intended for exclusive personal use are acceptable.

(2) During the administration of the purchasing process, it is prohibited to contact the city mayor, anyone on the city council or any other employee other than those listed in the solicitation.

(3) It shall be unlawful for a supplier, provider, or contractor to collude, price fix, rotate bidding, or any other anticompetitive practice with other competitors. If collusive activities are suspected among bidders or offerors, a notice of the relevant facts shall be transmitted to the city attorney. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-38.]

3.05.400 Surplus property.

(1) Whenever city property is unused, obsolete, unsuitable or otherwise no longer needed, the department head having control of such property shall notify the city manager or designee. The city manager or designee shall notify other city departments of the availability of such property. The city manager or designee shall supervise the transfer of such property to the department requesting the property. If the property is not claimed by any other department, the property shall be disposed of in accordance with this section.

(2) All fixed asset property must be declared surplus by the city council. When necessary, the city manager or designee shall prepare and present a listing to the city council.

(3) Surplus property may be sold in any of the following ways:

(a) A public sale, first-come first-serve.

(b) A sealed bid process.

Such sale may be in the discretion of the city manager or designee.

(4) Notice of such sale shall be published in any or all of the following:

(a) In a newspaper of general circulation, or a newspaper of local circulation in the area pertinent to the procurement.

(b) In industry media.

(d) Via the Internet web page, fax on demand or other method available for public inspection at the city’s administrative services office.

(5) For items that are consumed in their use for official city business, and items that are subjected to sale in any of the methods mentioned above and remain unsold, the city manager or designee may sell the surplus item to any person for such price as the city manager or designee deems appropriate.

(6) Where real or personal property is such a size, shape, or is so unique in nature as to be unmarketable to the general public, the above requirements may be waived and such real or personal property may be sold with the approval of the city council. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-39.]

3.05.410 Warehousing and storage.

Department directors shall exercise supervision of any receiving, storage, and distribution facilities and services within their purview. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-40.]

3.05.420 Inventory management.

Department directors shall exercise supervision of all inventories of tangible city property belonging to their departments. All city property located in warehouses and similar storage areas shall be inventoried annually, and accountability for the property shall reside with the respective department directors. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-41.]

3.05.430 Providing information and records.

(1) Information and copies of records regarding purchasing may be requested at the purchasing office. Most records should be provided to the public; however, in limited circumstances, records may be protected from disclosure under the Government Record Act. Departments, or divisions, may charge a nominal fee for providing records.

(2) Quotations shall remain confidential until all quotations have been received and awarded, after which they shall be available for public inspection.

(3) Sealed bids shall remain confidential until the bids are opened, after which they shall be available for public inspection except for information or data that the bidder designates as proprietary or confidential, such as trade secrets.

(4) Sealed proposals shall remain confidential until an award is made. After award of a contract, the successful proposal shall be available for public inspection except for information or data that the bidder designates as proprietary or confidential, such as trade secrets. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-42.]

3.05.440 Failure to follow chapter.

The failure to follow any provision of this chapter shall not render a procurement invalid, nor give a bidder or proponent a claim or right against the city or the employee responsible for such failure. [Ord. 19-29 § 1 (Exh. A); Ord. 09-03 § 1 (Exh. A); Ord. 11-14-06-2 § 1 (Exh. A). Code 1997 § 6-3-43.]