Chapter 3.04


3.04.010    Title.

3.04.020    Cost under $5,000.

3.04.030    Cost over $5,000.

3.04.040    Bidding procedure – Notice.

3.04.050    Bidding procedure – Submittal.

3.04.060    Bidding procedure – Consideration of bids.

3.04.070    Authorization of purchase without bidding.

3.04.010 Title.

The ordinance codified in this chapter shall be known as the purchasing ordinance. (Ord. 114, 1983)

3.04.020 Cost under $5,000.

All contracts for and purchases of supplies and equipment by the city which do not exceed at any one time, with any one contractor, the total sum of $5,000 shall be undertaken and purchased by the city clerk, in accordance with the provisions as such ordinance shall be adopted by the city council, or by action of the city council at regular open meeting. (Ord. 114, 1983)

3.04.030 Cost over $5,000.

All contracts for and purchases of supplies and equipment in excess of $5,000 shall be let by bids, except as otherwise permitted under this chapter. (Ord. 114, 1983)

3.04.040 Bidding procedure – Notice.

Notice inviting bids shall be published at least twice in a newspaper of general circulation published in the city, each publication being at least five days apart, with the date of first publication being at least 10 days prior to the date set for opening bids. (Ord. 114, 1983)

3.04.050 Bidding procedure – Submittal.

All bids are to be sealed and are to be accompanied by security in an amount of no less than 10 percent of the amount bid, and in the form of either:

A. Cash;

B. Cashier’s check, with the city of Etna as payee;

C. Certified check, with the city of Etna as payee;

D. Bidder’s bond, with the city of Etna as payee, issued by a responsible, qualified surety insurer. (Ord. 114, 1983)

3.04.060 Bidding procedure – Consideration of bids.

A. All bids will be opened upon the date set by notice and, after qualifying with reference to the requirements of this chapter, will at that time be considered.

B. The successful bid shall be the lowest bid submitted at such time by the lowest responsible bidder. In making such determination, the city council reserves the right to reject the lowest, or any other bid, in the exercise of its legislative and administrative discretion.

C. If all bids are rejected, either the matter may be readvertised, or appropriate proceedings may be taken, as set forth in EMC 3.04.070.

D. If no bids are received, the city council may proceed in the matter in accordance with its legislative and administrative discretion, and may, in such event, authorize any action deemed reasonable and necessary in the best interests of the city. (Ord. 114, 1983)

3.04.070 Authorization of purchase without bidding.

Where competitive bids would be difficult or practically impossible to obtain, or would not produce an advantage, the proposed contract or purchase may be authorized without public bidding upon resolution by a vote of four-fifths of the council. If such contemplated contract or purchase involves used equipment or supplies, any such contract or purchase shall not be entered into unless or until, in addition, such equipment or supplies have been inspected and approved both as to quality and price by an independent third party who shall not be an employee of the city. (Ord. 114, 1983)