Chapter 2.28
FINANCE
Sections:
Article I. Generally (Reserved)
Article II. Procurement
2.28.200 Procurement system.
2.28.210 Compliance.
2.28.220 Definitions.
2.28.230 Procurement officer.
2.28.240 Budget limitation.
2.28.250 Purchase orders.
2.28.260 Classification of expenditures.
2.28.270 Emergency procedures.
2.28.280 Formal bidding procedure.
2.28.290 Informal bidding procedure.
2.28.300 Request for quotes procedure.
2.28.310 Request for proposals (professional services).
2.28.320 Delivery.
2.28.330 Petty cash.
2.28.340 Disposal of surplus.
2.28.350 Ethics.
2.28.360 Records.
2.28.370 Appeals.
Article III. Midvale Municipal Fee Schedule
2.28.400 Title.
2.28.410 Purpose.
2.28.420 Definition of reasonable costs.
2.28.430 Delegation of authority to city manager.
2.28.440 Annual review of fees.
Article I. Generally (Reserved)
Article II. Procurement
2.28.200 Procurement system.
There is hereby established a procurement system to provide procedures and guidelines for the procurement of supplies, services, and construction for the city, and to ensure that all such purchases or encumbrances are made equitably, efficiently and economically. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.201), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.010)
2.28.210 Compliance.
All expenditures of the city shall conform to the provisions of this chapter and applicable provisions of state law including, but not limited to, the Uniform Fiscal Procedures Act set forth at Section 10-6-101, et seq., of the Utah Code Annotated, as amended. Any expenditure of the city involving federal assistance funds shall comply with applicable federal law and regulations.
Any expenditure of the city involving building improvements or public works projects shall comply with applicable provisions set forth at Section 11-39-101, et seq., of the Utah Code Annotated, as amended. Any expenditure of the city involving the construction, maintenance or improvement project of a Class B or C road or work excluded under Section 11-39-104 of the Utah Code Annotated, as amended, shall comply with applicable provisions of the State Transportation Code, including, but not limited to, Sections 72-6-108 and 72-6-109 of the Utah Code Annotated, as amended. No check or warrant to cover any claim against appropriations shall be drawn unless the claim has been processed according to the relevant provisions provided herein.
This article is written to conform as much as possible with federal, state and city statutes and ordinances. To the extent a provision of this chapter conflicts with federal, state or local statutes or ordinances, the following rules shall apply:
A. Conflict with State or Federal Statutes or Regulations. If any provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.
B. Conflict with City Regulations or Ordinances. If the provisions of this chapter are inconsistent with one another or if they conflict with provisions found in other adopted ordinances, resolutions, or regulations of the city, the more restrictive provision shall control. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.202), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.020)
2.28.220 Definitions.
As used in this article, the following words shall mean:
“Bidding” means responding to the city’s invitation to bid with an offer to furnish supplies, services, or construction pursuant to and in accordance with the terms and conditions set forth in this chapter.
“Building improvement” means the construction, modification, or repair of a public building or structure.
“Business” means any corporation, partnership, limited liability company, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
“Construction” means the process of building, renovation, alteration, improvement, or repair of any public building, structure, or public work; but does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.
“Contract” means any agreement for the procurement of supplies, services, or construction. The mayor is the only city official with authority to bind the city; contracts without his/her signature are void and do not obligate the city.
“Department head” means the individual who administers a department or his/her designee, or, in the absence of a department head, the city manager.
“Emergency purchases” means purchases of supplies, material, equipment or services to mitigate a threat to public health, welfare or safety.
“Invitation for bids” means all documents, whether attached or incorporated by reference, used for soliciting bids.
“Local bidder” means a business who regularly maintains a place of business and transacts business in, or maintains an inventory of merchandise for sale in, or is licensed by or pays business taxes to, Midvale City, or the state of Utah if no bids are received from a Midvale City business.
“Performance bond” means a contract of guaranty executed subsequent to award by a successful bidder to protect the city from loss due to the inability of the bidder to complete the contract as agreed.
“Person” means any business, individual, union, committee, club, other organization, or group of individuals.
“Procurement” means buying, purchasing, renting, leasing, leasing with option to purchase, or otherwise acquiring any supplies, services or construction, and all functions that pertain to obtaining any supplies, services or construction, including the solicitation of sources, selection, award, and all phases of contract administration.
“Procurement officer” means the city manager or his/her designee authorized to perform the duties set forth in Section 2.28.230.
“Professional services” means the furnishing of services for auditing, banking, insurance, engineering, legal, architectural, financial advisory services, bond underwriting, and other forms of professional consulting.
“Public property” means any item of real or personal property owned, leased, or maintained by the city.
“Public works project” includes but is not limited to the construction of a park or recreational facility; or a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or flood control; but does not include the replacement or repair of existing infrastructure on private property.
“Purchase order” means the official document used in committing city funds toward the purchase of supplies, services, or construction.
“Request for proposals” means forms used by departments providing detailed information as to description of services needed or desired.
“Requisition” means a request by any city employee to purchase supplies, services or construction.
“Responsible bid” means a bid to furnish supplies, services or construction for the city pursuant to and in accordance with the terms and conditions set forth in this chapter, which conforms in all material respects to the invitation for bids.
“Responsible bidder” means a person who submits a responsible bid; who furnishes, when requested, sufficient information and data to prove his or her financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of the supplies, services or construction on which he/she has bid; and who has not violated or attempted to violate any provisions of this chapter.
“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 is merely incidental to the required performance; but does not include employment agreements or collective bargaining agreements.
“Specification” means any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service, or construction item for delivery.
“Supplies” means all property, including but not limited to equipment, materials, and printing, but does not include real property or any interest therein.
“Written approval” by city officials includes electronic approval of requisitions, purchase orders, or invoices via the municipal software system. (Ord. 8/10/2010O-6 § 1 (Exh. A) (part), 2010: Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.203), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.030)
2.28.230 Procurement officer.
The procurement officer shall be subject to the direction and supervision of the mayor and city council and shall have the powers and duties as established in this chapter, including but not limited to:
A. Administer and maintain the procurement system provided herein, in accordance with any rules and regulations established by the city;
B. Supervise the procurement of all supplies, services, and construction needed by the city, including preparation of specifications and negotiation of contracts connected therewith;
C. Exercise general supervision and control over all inventories or supplies of the city and the accounting for all such inventories or supplies;
D. Prepare and maintain forms and reports as are reasonably necessary to the operation of this chapter and other rules and regulations of the city;
E. Keep informed of current developments in the field of procurement;
F. Recommend to the city council from time to time such new or revised procurement rules and regulations as are required to conform to statutory requirements;
G. With respect to public improvements, work with the engineer, attorney and other professional persons retained by the city to assist in the preparation of plans and specifications, and to discharge other related duties. The professional persons may direct bid openings, conduct investigations of lowest responsible bidders, supervise construction work and perform such other tasks as are provided for by their prospective contracts;
H. Seek to obtain full and open competition on all purchases as reasonably possible;
I. Establish and maintain programs for the inspection, testing and acceptance of all supplies, services and construction to assure conformance with specifications;
J. Maintain a bidders list, vendors’ catalog file and other records needed for the efficient operation of the procurement system. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.204), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.040)
2.28.240 Budget limitation.
No expenditure or encumbrance shall be made for any supplies, services or construction for the city in excess of total appropriations in the budget, as adopted or subsequently amended by the city, without prior written approval from the city manager or the city council. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.205), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.050)
2.28.250 Purchase orders.
Before any order shall be placed for the purchase of any supply, service or construction, a purchase order shall be executed if the purchase is for more than one thousand dollars. The department head must review all purchase orders and determine whether the expenditure requested is for a city purpose, properly budgeted, and in compliance with city ordinances and state law. If the department head determines the expenditure requested complies with these requirements, he or she shall approve the purchase order and initiate the appropriate procedures set forth herein for procurement of the supply, service or construction. (Ord. 8/10/2010O-6 § 1 (Exh. A) (part), 2010: Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.206), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.060)
2.28.260 Classification of expenditures.
A. Large Expenditures. Except as otherwise provided herein, any expenditure by the city for supplies, services or construction of twenty-five thousand dollars or more to be paid out of the funds of the city shall be referred to as a “large expenditure” and shall be made pursuant to formal bidding set forth in Section 2.28.280. No large expenditure shall be made without written approval from the city manager. Any expenditure of one hundred thousand dollars or more must be approved by the city council.
B. Medium Expenditures. Except as otherwise provided herein, any expenditure by the city for supplies, services or construction for ten thousand dollars or more, but less than twenty-five thousand dollars, shall be referred to as a “medium expenditure” and shall be made pursuant to the formal bidding procedures set forth in Section 2.28.280 or the informal bidding procedures set forth in Section 2.28.290.
C. Small Expenditures. Except as otherwise provided herein, any expenditure by the city for supplies, services or construction for less than ten thousand dollars shall be referred to as a “small expenditure” and shall be made pursuant to the formal bidding procedures set forth in Section 2.28.280, the informal bidding procedures set forth in Section 2.28.290, or the request for quotes procedures set forth in Section 2.28.300.
D. Exempt Expenditures. The following expenditures of the city shall be referred to as “exempt expenditures” and may be made without formal or informal bidding procedures, but should be made with as much competition as practicable under the circumstances. Except where noted, the procurement officer shall determine that an expenditure falls within one of these exemptions. All exempt expenditures shall be reviewed by the city council on at least a monthly basis.
1. Minor. Any expenditure amounting to less than one thousand dollars.
2. Sole Source. Any expenditure for goods or services which are clearly by their nature not reasonably adapted to award by competitive bidding. These expenditures include, but are not limited to, goods or services which can only be purchased from a sole source, contracts for additions to and repair and maintenance of equipment already owned by the city which may be more efficiently added to, repaired or maintained by a certain person or firm, and equipment which, by reason of the training of the personnel or an inventory of replacement parts, is compatible with the existing equipment owned by the city. Sole source procurements must be approved in writing by the city manager.
3. Emergency. See Section 2.28.270 for procedures to follow.
4. State Bidding. Any expenditure for which competitive bidding or price negotiation has already occurred on the state level.
5. Interlocal Cooperation. Any expenditure made in conjunction with an agreement approved by resolution of the city council between the city and another city or governmental entity.
6. Professional Services. Any expenditure for professional services which by their nature are not reasonably adapted to award by competitive bidding. Such expenditures shall be awarded at the discretion of the city manager based on the recommendation of the department head. If the city manager determines that competitive bidding for certain professional services would benefit the city, the procedures set forth in Section 2.28.310, Request for proposals (professional services), must be followed.
7. Special Sale. Any expenditure made in conjunction with any public auction, closeout sale, bankruptcy sale or other similar sale when the procurement officer determines in writing that such purchase may be made at a cost below the market cost for the same or similar goods and such determination is reviewed and approved by the city council.
8. Exchanges. Any exchange of supplies, materials, property, or equipment between the city and any other public or private party made by mutual agreement of the respective parties.
9. Utah Correctional Industries. Supplies, services, or construction produced by Utah Correctional Industries may be purchased without seeking competitive quotes or bids. (Ord. 8/10/2010O-6 § 1 (Exh. A) (part), 2010: Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.207), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.070)
2.28.270 Emergency procedures.
A. When the mayor makes a determination of “local emergency” under the provisions of Section 63-5a-6 of the Utah Code Annotated, the provisions of this chapter are suspended for a period not to exceed thirty days. Emergency purchases shall be made in accordance with Section 63-56-411 of the Utah Code Annotated and with subsection (B) of this section.
B. Notwithstanding any other provision of this chapter, when there exists a threat to public health, welfare, or safety, the procurement officer may make or authorize others to make emergency purchases; provided, that emergency purchases shall be made with as much competition as practicable under the circumstances. A written determination of the basis for the emergency purchase and for the selection of the particular contractor or vendor shall be included in the contract or purchase order file. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.208), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.080)
2.28.280 Formal bidding procedure.
Except as otherwise provided herein, all large expenditures shall be made by written contract between the city and the lowest responsible bidder according to the following procedure:
A. Specifications. Specifications shall be prepared by or under direction of the department head.
B. Invitation for Bids. An invitation for bids shall be prepared by or under the direction of the department head. The invitation shall:
1. Describe the goods or services to be purchased or work to be performed;
2. Set forth all contract terms, conditions and bond requirements applicable to the purchase or work:
a. Set forth the criteria that will be used to evaluate the bid;
b. State where plans, specifications and other information may be obtained;
c. State the time and place of the bid opening; and
d. Reserve to the city the right to reject any and all bids for any reason without liability.
C. Notice. The invitation for bids shall be published in a newspaper of general circulation within the city limits at least ten days prior to the opening of bids.
D. Amending Invitation. The invitation to bid may be amended, supplemented, or canceled at any time prior to the opening of bids when the procurement officer determines that such action is in the best interest of the city. The reasons for the amendment or cancellation of the invitation shall be in writing and shall be made a part of the city’s records.
E. Sealed Bids. All bids shall be received by the city in sealed envelopes labeled “Bid for (item)” which shall not be opened prior to the time set for opening of the bids, except as provided in subsection (F) of this section.
F. Correction of Bids. The procurement officer shall permit correction or withdrawal of inadvertently erroneous bids in appropriate circumstances; provided, that no changes in bid prices or other provisions of bids which are prejudicial to the interest of the city or fair competition shall be permitted. Any decision to permit the correction or withdrawal of bids shall be supported by a written determination prepared by the procurement officer.
G. Opening Bids. The bids shall be opened publicly by the city recorder and the department head in the presence of one or more witnesses at the time and place designated in the invitation for bids.
H. Recording Bids. The amount of each bid and the name of the bidder shall be read aloud as the bids are opened, and such information shall be recorded and open to public inspection during regular business hours for a period of not less than thirty days after the bid opening.
I. Evaluating Bids. The bids shall be evaluated within a reasonable time by the department head to determine the lowest responsible bidder based upon the following objectively measurable criteria as set forth in the invitation for bids:
1. Price. The total price of the bid.
2. Quality. The overall quality of the goods or work to be provided and/or the ability, capacity and skill of the bidder to provide any services or work required.
3. Conditions. The number and scope of any conditions or qualifications set forth in the bid.
4. Time. The time limit within which the bidder shall provide the goods, services, or work.
5. Reputation. The character, integrity, reputation, judgment, experience, and efficiency of the bidder and the quality of previous goods, services, or work obtained from the bidder.
6. Compliance. The previous and existing compliance by the bidder with laws and ordinances relating to the goods, services or work.
7. Financial Resources. The sufficiency of the financial resources and ability of the bidder to provide the goods, services, or work.
8. Future Service. The ability of the bidder to provide future maintenance and service and the local availability of parts, materials, etc.
9. Local Bidder. When possible, preference shall be given to local bidders.
J. Determination. The department head shall determine the lowest responsible bidder. All information relating to the selection of the lowest responsible bidder shall be retained by the city in accordance with the city government records access and management ordinance.
K. Cancellation and Rejection of Bids. The city reserves the right to cancel an invitation for bids or to reject any or all bids for any reason. Such cancellation or rejection shall be in writing and shall be made part of the city’s records. In the event all bids are rejected and the city determines to make the improvement or purchase, it shall advertise anew as provided herein. If, after twice advertising, no satisfactory bid is received, the city council may proceed to negotiate or make the improvement or acquisition or enter such other agreements as it deems necessary or desirable.
L. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the procurement officer shall negotiate with the tie bidders after the time of the bid opening until such time as the lowest responsible bid is obtained.
M. Single Bid. In the event only one bid is received, the bidder may be required to furnish a detailed cost proposal for review and the bid award may be subject to subsequent negotiation.
N. Bonds. Bid performance and/or payment bonds may be required in conjunction with any bid or contract entered hereunder in such form and amounts as required by law and by the city council as reasonably necessary to protect the best interest of the city.
O. Responsibility of Bidder. The department head may request additional information with respect to the responsibility of a bidder. The failure of a bidder to promptly supply information in connection with a request of the department head regarding responsibility shall be grounds for a determination of nonresponsibility and/or nonresponsiveness of the bidder. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.209), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.090)
2.28.290 Informal bidding procedure.
Except as otherwise provided herein, all medium expenditures of the city shall be awarded to the lowest responsible bidder according to the formal bidding procedure set forth in Section 2.28.280 or according to the following procedure:
A. Invitation for Bids. The department head shall invite bids from at least three potential, responsible providers of the supplies, services or construction needed or desired. Such invitations and bids must be made in writing, including fax or electronic means, and shall be made without favoritism or bias. A record of all invitations and bids made hereunder shall be kept by the department head.
B. Evaluation. The department head shall evaluate the bids to determine the lowest responsible bidder based upon the criteria set forth in Section 2.28.280(I). A public bid opening is not required.
C. Determination. The department head shall determine the lowest responsible bidder and award a written contract to such bidder. If only one bid is received, the bidder may be required to furnish a detailed cost proposal for review and the bid award may be subject to subsequent negotiation. All information relating to the bids obtained and the selection of the lowest responsible bidder shall be retained by the city in accordance with the city government records access and management ordinance. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.210), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.100)
2.28.300 Request for quotes procedure.
Except as otherwise provided herein, all small expenditures of the city shall be awarded to the lowest responsible bidder according to the formal bidding procedure in Section 2.28.280, the informal bidding procedure in Section 2.28.290, or according to the following procedure:
A. Request for Quotes. The department head shall request quotes from at least three potential responsible providers of the supplies, services or construction needed or desired. Such requests and quotes may be made in writing or orally, including by telephone, and shall be made without favoritism or bias. A record of all requests for quotes made hereunder shall be kept by the department head.
B. Evaluation. The department head shall evaluate the quotes to determine the lowest responsible bidder based upon the criteria set forth in Section 2.28.380(I). A public bid opening is not required.
C. Determination. The department head shall determine the lowest responsible bidder and award the contract to such bidder. If only one quote is received, the bidder may be required to furnish a detailed cost proposal for review and the bid award may be subject to subsequent negotiation. All information relating to the quotes obtained and the selection of the lowest responsible bidder shall be retained by the city in accordance with the city government records access and management ordinance. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.211), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.110)
2.28.310 Request for proposals (professional services).
The city manager may determine that it is either not practicable or not advantageous to the city to procure professional services through a competitive process. When such a determination is not made, professional services shall be awarded to the lowest responsible bidder according to the following procedures: The department head shall request proposals from at least three potential, responsible providers of the professional services needed or desired. For large and medium expenditures, the request for proposals and the proposal shall be in writing, including fax or electronic means. For small expenditures, the request for proposals and the proposals may be made in writing or orally, including by telephone, and shall be made without favoritism or bias. A record of all requests for proposals made hereunder shall be kept by the department head.
A. Request for Proposals. A request for proposals shall be prepared by or under the direction of the department head. The request for proposals shall:
1. Describe the professional services to be performed;
2. Set forth the criteria that will be used to evaluate the proposal;
3. State where additional information may be obtained; and
4. Reserve to the city the absolute right to reject any and all proposals for any reason the city shall determine.
B. Notice. For large expenditures, the request for proposals shall be published once in a newspaper of general circulation within the city limits at least ten days prior to the date proposals are due.
C. Amending Proposal. The request for proposals may be amended, supplemented, or canceled at any time prior to the specified due date when the procurement officer determines that such action is in the best interest of the city. The reasons for the amendment or cancellation of the proposal shall be in writing and shall be made a part of the city’s records.
D. Opening Proposals. The proposals shall be opened by the department head as soon as possible after the specified due date. A public opening is not required.
E. Recording Proposals. The amount of each proposal and the name of the bidder shall be recorded and open to public inspection during regular business hours for a period of not less than thirty days after the proposals are opened.
F. Evaluating Proposals. The proposals shall be evaluated within a reasonable time by the department head to determine the lowest responsible bidder based upon the following objectively measurable criteria as set forth in the request for proposals:
1. Price. The total price of the proposal.
2. Time. The time limit within which the bidder can provide the services.
3. References. The character, integrity, reputation, judgment, experience and efficiency of the bidder and the quality of previous services received from the bidder.
4. Local Bidder. Preference shall be given to local bidders.
5. Other. Any other measurable criteria as set forth in the request for proposals.
G. Determination. The department head shall determine the lowest responsible bidder and award the contract to such bidder. If only one quote is received, the bidder may be required to furnish a detailed cost proposal for review and the bid award may be subject to subsequent negotiation. All information relating to the proposals obtained and the selection of the lowest responsible bidder shall be retained by the city in accordance with the city government records access and management ordinance. All contracts of twenty-five thousand dollars or more (large expenditures) must be approved in writing by the city manager. (Ord. 8/10/2010O-6 § 1 (Exh. A) (part), 2010: Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.212), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.120)
2.28.320 Delivery.
When supplies ordered are delivered, the department head shall inspect the supplies received to assure that the correct quantity and quality have been delivered. If in the sole discretion of the department head the supplies delivered are satisfactory, the supplies shall be accepted and a copy of the packing slip, invoice, or other delivery document shall be stapled to the request for payment and forwarded to the appropriate employee for review, payment and filing. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.213), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.130)
2.28.330 Petty cash.
A. Petty Cash Fund. The city shall maintain a petty cash fund. The total aggregate amount of cash, vouchers, and receipts shall not exceed eight hundred fifty dollars, which funds shall be kept in locked boxes. The finance department shall maintain a balance of four hundred dollars, the fire department shall maintain two hundred dollars, and the police department shall maintain two hundred fifty dollars.
B. Limits. Any employee of the city may receive up to fifty dollars from the petty cash fund for any lawful and necessary expenditure to be made on behalf of the city. Employees shall not receive any money from the petty cash fund for personal use.
C. Procedure. Any employee receiving money from the petty cash fund shall sign a petty cash voucher showing the amount received and an explanation of the intended use of the money. Within two business days after making the expenditure, the employee shall return any excess money to the petty cash fund and staple the receipt for the expenditure to the petty cash voucher.
D. Replenishing Fund. When money in any petty cash fund becomes less than one hundred dollars, the custodian shall request a check to the petty cash fund to increase the amount of currency in the fund to the amount specified above. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.214), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.140)
2.28.340 Disposal of surplus.
The city shall have the authority to sell, lease, convey and dispose of public property for the benefit of the city as provided by Section 10-8-2 of the Utah Code Annotated, as amended. All disposal, leases, or subleases of such public property shall be made, as nearly as possible, under the same conditions and limitations as required by this chapter for the purchase of property including notice and bidding procedures.
The city council may also authorize, at its discretion and under such terms and conditions as it may deem desirable, fair, and appropriate considering intended use, property tax value, and the interests of the city, the sale of any surplus property at public auction; the trade or exchange of any surplus property; and the lease or sublease of any surplus property. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.215), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.150)
2.28.350 Ethics.
A. Conflicts of Interest. Any officer or employee of the city with a direct or indirect pecuniary interest in any contract entered into by the city must disclose such conflict of interest to the city manager. All officers and employees are required to comply with applicable provisions of state law regarding ethics including, but not limited to, the Utah Municipal Officers’ and Employees’ Ethics Act set forth at Section 10-3-1301, et seq., of the Utah Code Annotated, as amended and adopted by the city.
B. Collusion. Any agreement or collusion among bidders or prospective bidders to bid a fixed price or to otherwise restrain competition shall render the bids of such bidders void.
C. Personal Use. Any purchase of supplies or equipment by the city for the personal use of any officer or employee of the city is prohibited.
D. Advance Disclosures. Any disclosure in advance of the opening of bids, whether in response to advertising or any informal request for bids, made or permitted by a member of the city council or city employee shall render void the advertisement or request for bids.
E. No employee, officer, elected officials or board members shall knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or loan for himself/herself or for another person, except under the following circumstances:
1. An occasional nonpecuniary gift having a value of less than fifty dollars;
2. An award publicly presented;
3. Any bona fide loan made in the ordinary course of business; or
4. Political campaign contributions actually used in a political campaign.
F. Any person acting as a procurement officer for the city, or who in any official capacity participates in the procurement of supplies, services, construction or real property, is guilty of a felony offense if the person asks, receives or offers to receive any emolument, gratuity, contribution, loan or reward, or any promise thereof, from any person interested in the sale of such supplies, services, construction or real property, either for the person’s own use or the use or benefit of any other person or organization.
G. A person who is interested in any way in the sale of any supplies, services, construction or real property is guilty of a felony if the person gives or offers to give any emolument, gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer, or who in any official capacity participates in the procurement of such supplies, services, construction, or real property, whether it is given for his/her own use or for the use or benefit of any other person or organization.
H. Violation. Any violation of this section by an officer or employee of the city shall be cause for disciplinary action, up to and including termination, in accordance with the disciplinary procedures of the city, and/or criminal charges. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.216), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.160)
2.28.360 Records.
All procurement records of the city shall be retained and disposed of in accordance with the Utah Municipal General Records Retention Schedule. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.217), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.170)
2.28.370 Appeals.
A. Appeal. Any person aggrieved of a determination of the city or in connection with the provisions of this chapter may appeal the determination or action within ten working days after the aggrieved person knows or should have known of the facts giving rise thereto by filing a written protest and the reasons therefor with the city manager. A protest with respect to an invitation for bids shall be submitted in writing prior to the opening of bids unless the aggrieved person did not know or could not have reasonably known of the facts giving rise to the protest prior to bid opening. Any protest shall list the pertinent facts giving rise to the protest.
B. Action by City. 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 manager. Untimely protests will not be considered.
C. Decision. The city manager shall within fifteen days of receipt of the written protest issue a written decision regarding any protest stating the reasons for the decision and informing the protestor of any right to judicial review as provided by law. A copy of the decision shall be provided to all parties.
D. Settlement. The city council shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve the protest. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.218), 2007: Ord. 1/20/2004O-15 (part), 2004. Formerly 2.28.180)
Article III. Midvale Municipal Fee Schedule
2.28.400 Title.
This article shall be known as the “Midvale Municipal Fee Schedule.” (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.301), 2007. Formerly 2.28.190)
2.28.410 Purpose.
A. It is the intent of the city council to require the ascertainment and recovery of reasonable costs from fees, charges and regulatory license fees levied in providing the regulation, products, or services enumerated in this article.
B. The fee and service charge revenue/cost comparison system set forth in this article provides a mechanism for ensuring that fees adopted by the city for services rendered do not exceed the reasonable cost for providing the services for which the fees are charged and that tax subsidies to the services for which such fees and charges are made are pursuant to policy established by the city council. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.302), 2007. Formerly 2.28.200)
2.28.420 Definition of reasonable costs.
Reasonable costs, as used and ordered to be applied in this article, shall be determined as set forth in this article and shall consist of the following elements:
A. All applicable direct costs, including but not limited to salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies, and any other direct expense incurred.
B. All applicable indirect costs, including but not restricted to building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, vehicle expenses, insurance, debt service, and like expenses when distributed by a documented proration system of accounting.
C. Fixed asset recovery expenses, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charges calculated on the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. A further additional charge to make up the difference between book value depreciation not previously recovered and reserved in cash and the full cost of replacement also shall be calculated and considered a cost so as to recover such unrecovered costs between book value and cost of replacement over the remaining life of the asset.
D. General overhead, expressed as a percentage, distributing and charging the expenses of the city council, city attorney, city manager, city recorder, finance department, personnel office, and all other staff and support services provided to the entire city organization, which costs are not otherwise directly distributed to service centers. Overhead shall be prorated between tax-financed services and fee-financed services on the basis of such percentage so that each of the taxes and fees and charges shall proportionately defray such overhead costs.
E. Departmental overhead, expressed as a percentage, distributing and charging the cost of each department head and his supporting expenses as enumerated in subsections (A), (B), (C) and (F) of this section.
F. Debt service costs, consisting of repayment of principal, payment of interest, and trustee fees and administrative expenses for all applicable bond, certificate or securities issues or loans of whatever nature or kind. Any required coverage factors or required or established reserves beyond basic debt service costs also shall be considered a cost if required by covenant within any securities ordinance, resolution, indenture or general law applicable to the city. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.303), 2007. Formerly 2.28.210)
Cross reference(s)—Definitions generally, § 1-1-102 of the Utah Code Annotated.
2.28.430 Delegation of authority to city manager.
The city manager is delegated the authority and directed to provide documents to the city council to implement the policy enumerated in this article to adjust fees and charges to recover the percentage of reasonable costs as established in this article, in providing the regulation, product or service enumerated in this article in the percentage of reasonable costs and on the schedule of rate review and revision as established in this article. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.304), 2007. Formerly 2.28.220)
2.28.440 Annual review of fees.
A. The city manager, and each city department head, under the direction of the city manager, shall review annually the fees and service charges adopted pursuant to resolution of the city council, and provide an adjusted fee or charge schedule to the city council for its consideration so as to recover the listed percentage of reasonable costs necessary to provide the listed regulation, product or service.
B. The schedule of frequency of rate adjustments may be varied by the city manager to adjust revenues sufficient to meet debt service coverage requirements of any bond, certificate or ordinance, resolution, indenture, contract or action under which securities have been issued by the city, which contain any coverage factor requirement.
C. The city manager may vary the review schedule listed in this section if, in the judgment of the city manager and a directly affected and requesting department head, a gross inequity would be perpetrated by not revising the rate schedule. (Ord. 2/16/2010O-2 § 1 (Exh. A) (part), 2010: Ord. 4/21/2009O-7 § 1 (Exh. A) (part), 2009: Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.305), 2007. Formerly 2.28.230)