The purposes of this division are:
A. To provide for fair and equitable treatment of all persons involved in public purchasing by the City;
B. To ensure the maximum purchasing value of public funds in procurement;
C. To provide safeguards for maintaining a procurement and disposition system of quality and integrity. (Prior code § 9A-1)

This division applies to every disposition for value or expenditure of public funds by the City for public purchasing irrespective of its source. When the procurement or disposition involves Federal assistance or contract funds or is subject to Federal regulations, the procurement or disposition shall be conducted in accordance with any applicable mandatory Federal law and regulation which is not reflected in this division. Nothing in this division shall be construed as prohibiting or limiting the City’s right to employ its own personnel for the construction or reconstruction of public improvements or any other purpose without advertising for or receiving bids or proposals. (Prior code § 9A-2)

The City Administrator and the Administrator’s designee shall have the authority to adopt and enforce rules and regulations in accordance with the procedures set forth in Chapter 2 of this Code, to promote the efficiency of operations and compliance with the provisions of this division. (Prior code §9A-3)

The following terms shall have the following meanings when used in this division:
“Bid” means an offer, in writing, to furnish goods or services in conformity with the specifications, delivery terms and conditions or other requirements included in the invitation for bids or an offer to purchase property pursuant to Chapter 7.08, Article 4.
“Competitive sealed bid” means a method of procurement in which a good, service or construction item is defined in a list of specifications: the specifications are included in an invitation for bids; the bids are received by a specified time in sealed envelopes: an award is made to the responsive and responsible bidder providing the lowest bid.
“Competitive sealed proposal” means a method of procurement in which a good, service or construction item is defined in a list of specifications; the specifications are included in a request for proposals; proposals are received by a specified time in sealed envelopes; and an award is made to the proposer most closely meeting specifications as determined by an evaluation that uses a set of evaluation criteria. Cost is one criterion, among others, all of which may be assigned specific weights.
“Contract” means all types of City agreements, regardless of what they may be called, for the procurement or disposal of goods, services or construction.
“Contractor” means any person or business having a contract with the City.
“Cooperative purchasing” means procurement conducted by or on behalf of more than one governmental unit.
“Department head” means one of the following: the City Clerk, the Chief of Police, the Director of Public Works, the Library Director, the Director of Recreation, the Director of Housing and Community Development or such other employees as the City Administrator may designate from time to time.
“Emergency” means any condition or unforeseen curtailment, diminution or termination of an essential service which poses an immediate danger or threat to the public health, safety or welfare.
“Goods” means supplies, materials, equipment and all tangible property, except real property.
“Indefinite quantities contract” means a contract whereby the City agrees to purchase and the contractor agrees to provide the goods or construction of a designated type or unit which the City may require, without specifying in the contract the exact quantity.
“Invitation for bids” means all documents, whether attached or incorporated by reference, utilized for soliciting bids.
“Life cycle costs” means specific and quantifiable costs associated with an item over its useful life, including costs of disposal, in addition to the purchase price.
“Percentage price preference” means the percent by which a bid from a responsible bidder or price available from a vendor whose product contains recycled materials (or a greater use of recycled material) may exceed the lowest responsive bid submitted by a responsible bidder whose product does not contain recycled material (or a lesser use of recycled material).
“Post-consumer waste” means an item that has served its intended use, such as old newspapers or magazines, and has been separated and diverted from the waste stream for the purposes of collection and recycling. It does not include waste generated during production of an end product, such as printer’s waste.
“Procurement” means buying, purchasing, renting, leasing or otherwise acquiring any goods, services or construction. It also includes all functions that pertain to the obtaining of any good, 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” means personal services of members of a licensed or otherwise recognized profession, including but not limited to accountants, architects, attorneys, auditors, engineers, medical practitioners, surveyors and the like.
“Proposal” means an offer to supply goods or perform services or to purchase goods to be disposed of in response to a request for proposals by the City where competitive sealed proposals or negotiations will be used rather than the competitive sealed bid process.
“Recycled material” means material recovered from or otherwise diverted from the waste stream, including recycled paper. It includes post-consumer waste, but does not include those materials and by-products generated from and commonly reused during production of an end product.
“Recycled paper” means paper or a paper product that contains recycled materials with a total gross content of post-consumer waste of at least 80%, or if such a paper product is unavailable or otherwise impracticable to procure that the paper or paper product has been de-inked or contains a level of post-consumer waste that exceeds the then-current minimum content standards of the United States Environmental Protection Agency for paper and paper products containing recovered materials (40 CFR 250), or if a paper or paper product meeting the requirements set out herein is unavailable or otherwise impracticable to procure, that the paper or paper product conforms to the then-current minimum content standards adopted by the United States Environmental Protection Agency for paper and paper products containing recovered materials (40 CFR 250).
“Request for proposals” means all documents, whether attached or incorporated by reference, used for soliciting proposals.
“Responsible bidder or offeror” means a person or entity who has the capability in all respects to perform fully the contract requirements and the experience, integrity, reliability, capacity, facilities, equipment and credit which will assure good faith performance. Any person who is in default on the payment of taxes, licenses or other moneys due the City shall not be deemed “responsible.”
“Responsive bidder” means a person or entity who has submitted a bid which conforms in all material aspects to the invitation for bids.
“Specifications” means any description of the design or functional characteristics or of the nature of a good, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a good, service or construction item. (Prior code § 9A-4)

No City funds shall be expended unless:
A. The expenditure is authorized in the budget ordinance for the current year, previously approved by ordinance or an ordinance revising it;
B. The expenditure is made pursuant to a contract or purchase order signed in accordance with this division;
C. The contract or purchase order pursuant to which the expenditure is made has been approved by the City Council or by the City Administrator as required by this division. (Prior code § 9A-5)

A. The City Council shall, by ordinance duly enacted, approve all expenditures of $5,000.00 or more for professional services and all expenditures of $10,000.00 or more for any other single purchase of goods or services other than professional services; provided, however, that ordinances approving such expenditures may be enacted upon a single reading without being read at 2 meetings of the City Council prior to adoption, if each such expenditure is specifically authorized in the budget ordinance for the current year or an ordinance revising it and the cost of the procurement is equal to or less than the budgeted amount.
If the project, goods or services were authorized in the budget ordinance but exceed the budgeted amount, an ordinance approving such expenditure may be enacted upon a single reading without being read at 2 meetings of the City Council prior to adoption; provided, however, that the City Administrator makes a determination that funds are available to cover the cost of the procurement.
B. Nothing in subsection (A) of this section shall prohibit the City Council from approving the purchase of items not included in the City budget, upon receipt of a written justification and a written determination by the City Administrator that funds are available for the purchase. City Council approval shall be accomplished by 2 readings of an ordinance.
C. The City Administrator shall:
1. Approve all City expenditures for goods or services which are not required to be approved by the City Council, whether made pursuant to contract or purchase order;
2. Be responsible for the administration of a centralized system of purchasing and procurement of goods and services for the City and for effectuating the provisions of this division.
3. Establish such rules and regulations as he or she may deem necessary in order to carry out the provisions of this division.
D. The City Administrator may delegate his or her powers and duties under this division to a designated City employee.
E. The City Administrator shall have the authority to enter into contracts on behalf of the City for the purchase of goods and services once such purchases have been duly authorized in accordance with this division and cooperative purchasing agreements as authorized in this division. The Mayor shall have the authority to enter into all other contracts and agreements on behalf of the City, including, but not limited to, agreements with other governmental entities and agreements concerning matters of City policy, subject to the approval of the Council. (Prior code § 9A-6)