Chapter 3.40
PURCHASING PROCEDURES

Sections:

3.40.010  Established.

3.40.020  Finance director—Powers and responsibilities.

3.40.030  Finance director—Cooperative purchasing authorized when.

3.40.040  Competitive bidding required when.

3.40.050  Open market purchases.

3.40.060  Award to other than low bidder—Filing of statement required.

3.40.070  Finance director—Authority to reject bids for open market purchases.

3.40.080  Noncompetitive and special purchases.

3.40.090  Emergency purchases authorized when.

3.40.100  Unauthorized purchases.

3.40.110  Responsibility for unauthorized purchases.

3.40.120  Inspection of deliveries and services for contract specifications conformance.

3.40.130  Contract and purchase order examination—Approval procedure.

3.40.140  Authority to sign contracts.

3.40.150  Bids required for public works and improvements when.

3.40.160  Procedure when bids are required by state law.

3.40.170  Criteria for determining lowest and best responsible bidder.

3.40.180  Filing of statements on award to other than low bidder.

3.40.190  Small works roster procedures.

3.40.010 Established.

There are established procurement procedures for all city public works, capital improvements and other purchases of materials equipment, supplies and contractual services, excepting professional services. (Ord. 3626 § 1, 2006; prior code § 6.02.010)

3.40.020 Finance director—Powers and responsibilities.

A. The finance director shall be responsible for all city government purchasing and shall, subject to the exceptions stated in this chapter, make all purchases of materials, supplies, equipment and contractual services, except professional services, for all departments, offices, commissions and other agencies of the city government.

B. The duties and responsibilities designated in this chapter to be performed by the finance director or the purchasing manager shall be performed under the direction and control of the city manager. (Ord. 3626 § 1, 2006; prior code § 6.02.020)

3.40.030 Finance director—Cooperative purchasing authorized when.

The finance director is authorized to join cooperative purchasing arrangements with other public agencies similarly authorized, when the best interest of the city would be served thereby. (Ord. 3626 § 1, 2006; prior code § 6.02.030)

3.40.040 Competitive bidding required when.

Any purchase of supplies, materials, equipment or services, including the printing of supplies, shall be made upon call for bids when such is required by state law. (Ord. 3626 § 1, 2006; prior code § 6.02.040)

3.40.050 Open market purchases.

All purchases of materials, supplies, equipment and contractual services for which competition bidding is not required may be made on the open market. All open market purchases shall be based on competitive prices or bids solicited by the department head or finance director by direct mail request to prospective vendors, by personal contact, or by any other appropriate means. The finance director shall award the bid on open market purchases to such bidder as shall be determined to be the lowest and best responsible bidder. (Ord. 3626 § 1, 2006; prior code § 6.02.050)

3.40.060 Award to other than low bidder—Filing of statement required.

When the award for purchase on the open market is not given to the lowest bidder in price, a statement of the reasons for placing the order elsewhere shall be prepared and filed with the other papers relating to the transaction and shall be open to public inspection during regular office hours. (Ord. 3626 § 1, 2006; prior code § 6.02.060)

3.40.070 Finance director—Authority to reject bids for open market purchases.

The finance director shall have authority to reject all bids, or parts thereof, for any one or more supplies or contractual services when the public interest will be served thereby, and upon rejection of such bid, shall include the reason therefor in the records of the transaction, which shall be open for public inspection. (Ord. 3626 § 1, 2006; prior code § 6.02.070)

3.40.080 Noncompetitive and special purchases.

The finance director shall be authorized to make open market purchases when not prohibited by state law without obtaining competitive bids therefor under the following conditions:

A. Items of Special Design. When an item required is of special design, shape or manufacture to match or fit in with an existing installation and competitive bidding is impracticable;

B. Surplus or Distress Sales. When it is possible to procure obvious bargains in surplus or distress material, supplies or equipment;

C. Items for Quick Delivery. When the obtaining of competitive bids will cause delay resulting in an appreciable loss to the city;

D. Small Items Not Stocked—Monthly Purchase Orders. The purchasing manager shall be authorized to establish monthly purchase orders with vendors for the purchase of items costing less than one hundred dollars or perishable items which cannot be stocked by the departments and are available at usual market prices. Such vendors shall be selected on the basis of best overall price policies, breadth and depth of stocks and delivery service. (Ord. 3626 § 1, 2006; prior code § 6.02.080)

3.40.090 Emergency purchases authorized when.

The city manager or his designated agent is authorized to make emergency purchases when such purchases are authorized or permitted by state law. (Ord. 3626 § 1, 2006; prior code § 6.02.090)

3.40.100 Unauthorized purchases.

Except as provided in this chapter, no city employee shall purchase or contract for any supplies, materials, equipment or contractual service or make any contract within the purview of this chapter other than through the office designated in this chapter, and its staff. Any purchase or contract made contrary to the provisions of this chapter shall not be approved by any city officer and the city shall not be bound thereby, except as may be required or provided by law. (Ord. 3626 § 1, 2006; prior code § 6.02.100)

3.40.110 Responsibility for unauthorized purchases.

Any city employee making a purchase or contract contrary to the provisions of this chapter or accepting for delivery to the city any items purchased contrary to the provisions of this chapter shall be personally responsible for payment of same. To the extent that the city may be required to pay for same, the city shall be entitled to recover the full amount of such payment from such employee. (Ord. 3626 § 1, 2006; prior code § 6.02.110)

3.40.120 Inspection of deliveries and services for contract specifications conformance.

The finance director, or department head when authorized, shall inspect or supervise the inspection of all deliveries of supplies, materials, equipment or contractual services to determine the conformance with the specifications set forth in the order or contract. (Ord. 3626 § 1, 2006; prior code § 6.02.120)

3.40.130 Contract and purchase order examination—Approval procedure.

The city manager or his designated agent shall examine all contracts, purchase orders and other documents which involve financial obligations against the city and approve the same only upon ascertaining that moneys have been appropriated and that an unexpended and unencumbered balance is available to meet the same. The director of finance is the disbursing officer and is designated the approving authority for the collection and fund disposition of the retainage as provided in RCW 60.28.010. (Ord. 3626 § 1, 2006; prior code § 6.02.130)

3.40.140 Authority to sign contracts.

All contracts for purchase of supplies, materials, equipment or services required by this chapter shall be executed on behalf of the city by the mayor, city manager or the finance director. (Ord. 3626 § 1, 2006; prior code § 6.02.140)

3.40.150 Bids required for public works and improvements when.

Except when otherwise authorized by Chapters 39.04 and 39.28 RCW relating to emergency public works, or other applicable general state law as now enacted or as hereafter amended, all public works and improvements shall be done by contract, pursuant to public notice and call for competitive bids whenever the estimate cost of such public work or improvement, including the cost of materials, supplies and equipment, will exceed the sum fixed by state law. (Ord. 3626 § 1, 2006; prior code § 6.02.150)

3.40.160 Procedure when bids are required by state law.

When a call for bids is required by state law, the procedures established by state law shall be strictly followed. (Ord. 3626 § 1, 2006; prior code § 6.02.160)

3.40.170 Criteria for determining lowest and best responsible bidder.

In determining lowest and best responsible bidder, in addition to price, the following may be considered:

A. The ability, capacity and skill of the bidder to perform the contract;

B. Whether the bidder can perform the contract promptly, or within the time specified, without delay or interference;

C. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

D. The quality of performance of previous contracts by the bidder;

E. The previous and existing compliance by the bidder with laws and ordinances relating to contracts;

F. The efficiency of the financial resources and ability of the bidder to perform the contract;

G. The quality, availability and adaptability of the materials, supplies or equipment to the particular use required;

H. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

I. The number and scope of conditions attached to the bid. (Ord. 3626 § 1, 2006; prior code § 6.02.170)

3.40.180 Filing of statements on award to other than low bidder.

When the award is not given to the lowest bidder in price, the reasons for making the award otherwise shall be stated in the city council's minutes. (Ord. 3626 § 1, 2006; prior code § 6.02.180)

3.40.190 Small works roster procedures.

As authorized by RCW 35.23.352, or as hereafter amended, the city may maintain a small works roster comprised of all contractors who have requested to be on the roster and are, where required by law, properly licensed or registered to perform such work in this state. The procedures established by state law for the use of such roster shall be strictly complied with. (Ord. 3626 § 1, 2006; prior code § 6.02.190)