HomeMy WebLinkAboutOrdinance No. 2852-2015u
Sponsored by: Council Members Molloy and Knackstedt
CITY OF KENAI
LANCE NO. 2852 -2015
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
AND REENACTING KENAI MUNICIPAL CODE CHAPTER 7.15- PURCHASES AND
SALES, TO EXPAND PUBLIC SOLICITATION REQUIREMENTS, REDEFINE
PROFESSIONAL SERVICES, DEFINE MANAGEMENT SERVICES, REORGANIZE THE
CHAPTER, PROVIDE AN APPEALS PROCESS, AND MAKE OTHER MATERIAL AND
HOUSEKEEPING CHANGES AND AMENDING CHAPTER 7.25 -CITY BUDGET, TO
INCLUDE SETTING FEE SCHEDULES.
WHEREAS, Kenai Municipal Code Chapter 7.15- Purchases and Sales, determines the
City's process for procuring goods and services as well as sales of surplus items; and,
WHEREAS, the Chapter has not been significantly reviewed and revised in at least ten
years and is in need of review and revisions; and,
WHEREAS, increasing certain purchasing limits is warranted in light of inflation and
other factors since the last time the limits were established; and,
WHEREAS, codifying the process for purchasing services and supplies for less than
$35,000 provides for standardized purchasing methodology and allows the City
Manager to implement a stricter policy that can be administratively controlled; and,
WHEREAS, requiring a competitive process for soliciting professional services over
$35,000 provides a fair process open to all qualified proposers; and,
WHEREAS, providing a new definition for professional services that is more consistent
with other municipal and state definitions is in the City's best interest; and
WHEREAS, providing a proposal process for management services allows for a
competitive process and selection of third parties based as management services
contractors based on considerations other than just the lowest cost; and
WHEREAS, providing an innovative competitive procurement process may be
advantageous to the City for the procurement of new or unique requirements of the
City, new technologies, or to achieve the best value; and
WHEREAS, requiring local preferences to be applied when available pursuant to
funding sources and procurement methodology clarifies the City's position to
encourage transactions with local businesses; and,
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WHEREAS, eliminating former KMC 7.15.080 - Telephone polls - Authority, procedure,
recordation, is appropriate as it is no longer a utilized process and is inconsistent with
other requirements of code; and,
WHEREAS, moving KMC 7.15.100- Setting fee schedules, to KMC Chapter 7.25 -City
Budget, is appropriate as it is not a topic consistent with the intent and purpose of the
chapter dealing with purchases and is consistent with the budget process; and,
WHEREAS, codifying an appeals process for bids and proposals provides consistency
and fairness to the City and the public; and,
WHEREAS, making other housekeeping and organizational changes to the Chapter
will make it easier to use and understand.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Chapter 7.15 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 7.15- Purchases and Sales, is hereby amended as follows:
[7.15.010 "CONTRACTUAL SERVICES" DEFINED.
CONTRACTUAL SERVICES," FOR THE PURPOSE OF THIS CHAPTER, SHALL
MEAN SERVICES PERFORMED FOR THE CITY BY PERSONS NOT IN THE
EMPLOYMENT OF THE CITY, AND MAY INCLUDE THE USE OF EQUIPMENT OR THE
FURNISHING OF COMMODITIES IN CONNECTION WITH SAID SERVICES UNDER
EXPRESS OR IMPLIED CONTRACT. CONTRACTUAL SERVICES SHALL INCLUDE:
TRAVEL, FREIGHT, EXPRESS, PARCEL POST, POSTAGE, TELEPHONE, TELEGRAPH,
UTILITIES, RENTS, PRINTING AND BINDING, REPAIRS, ALTERATIONS, AND
MAINTENANCE OF BUILDINGS, EQUIPMENT, STREETS, BRIDGES, AND OTHER
PHYSICAL FACILITIES OF THE CITY, AND OTHER SERVICES PERFORMED FOR THE
CITY BY PERSONS NOT IN THE EMPLOYMENT OF THE CITY.
7.15.020 MADE BY WHOM.
ALL PURCHASES OF SUPPLIES, MATERIALS, EQUIPMENT, AND
CONTRACTUAL SERVICES FOR THE OFFICES, DEPARTMENTS, AND AGENCIES OF
THE CITY GOVERNMENT SHALL BE MADE BY THE CITY ADMINISTRATOR OR BY
OTHER CITY PERSONNEL IN ACCORDANCE WITH PURCHASE AUTHORIZATIONS
ISSUED BY THE CITY ADMINISTRATOR.
7.15.030 WHEN PRIOR APPROVAL BY COUNCIL IS REQUIRED.
(A) EVERY CONTRACT FOR, OR PURCHASE OF, FIFTEEN THOUSAND DOLLARS
($15,000.00) OR MORE OF SUPPLIES, MATERIALS, EQUIPMENT, OR CONTRACTUAL
SERVICES SHALL REQUIRE THE PRIOR APPROVAL OF THE COUNCIL. THE ONLY
EXCEPTIONS WILL BE:
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(1) UTILITIES BILLS (ELECTRICITY, GAS, FUEL, AND TELEPHONE);
(2) CITY'S ROUTINE INVESTMENT PURCHASING;
(3) MONTHLY PAYMENTS FOR PAYROLL DEDUCTIONS (I.E., INCOME TAX,
F.I.C.A., RETIREMENT, AND FRINGE BENEFITS), INCLUDING BOTH
EMPLOYER'S AND EMPLOYEE'S SHARE;
(4)AUTHORIZED DEBT;
(5) MONTHLY CONTRACTED JANITORIAL SERVICE.
(B) ALL SUCH EXCEPTIONS WILL BE PAID WHEN THEY FALL DUE AND
PAYMENTS WILL BE RATIFIED BY COUNCIL AT THE NEXT REGULAR COUNCIL
MEETING.
7.15.040 COMPETITIVE BIDDING.
(A) BEFORE ANY PURCHASE OF, OR CONTRACT FOR, SUPPLIES, MATERIALS,
EQUIPMENT, OR CONTRACTUAL SERVICES ARE MADE, THE CITY PURCHASING
AUTHORITY SHALL SUBMIT TO AT LEAST THREE (3) PERSONS, FIRMS, OR
CORPORATIONS DEALING IN AND ABLE TO SUPPLY THE SAME, OR TO A SMALLER
NUMBER IF THERE ARE NOT THREE DEALING IN AND ABLE TO SUPPLY THE
SAME, A REQUEST FOR QUOTATION (OR INVITATION TO BID) AND
SPECIFICATIONS TO GIVE THEM OPPORTUNITY TO BID; AND /OR PUBLISH NOTICE
OF THE PROPOSED PURCHASE IN A NEWSPAPER OF GENERAL CIRCULATION
WITHIN THE CITY.
(B) THE PURCHASE OF, OR CONTRACT FOR, SUPPLIES, MATERIALS,
EQUIPMENT, OR CONTRACTUAL SERVICES SUBJECT TO SUBSECTION (A), SHALL
BE AWARDED TO THE MOST RESPONSIBLE BIDDER PURSUANT TO SUBSECTION
(F).
(C) WHEN SUCH PURCHASES ARE TO BE MADE FROM FEDERAL OR STATE
GRANT FUNDS, ANY AND ALL CONDITIONS, PROVISIONS, OR REQUIREMENTS
WHICH MAY BE NECESSARY TO COMPLY WITH THE REQUISITE FEDERAL OR
STATE LAWS, RULES, OR REGULATIONS WITH RESPECT TO SUCH GRANTS MAY
BE INSERTED IN THE BID AND CONTRACT DOCUMENTS, AND WILL BE COMPLIED
WITHIN THE AWARD OF THE BID FOR SUCH PURCHASES.
(D) ALL BIDS SHALL BE SEALED AND SHALL BE OPENED IN PUBLIC AT A
DESIGNATED TIME AND PLACE.
(E) THE PURCHASING AUTHORITY MAY REPEATEDLY REJECT ALL BIDS AND
AGAIN MAY SUBMIT TO THE SAME OR OTHER PERSONS, FIRMS, OR
CORPORATIONS THE REQUEST FOR QUOTATION (OR INVITATION TO BID) AND /OR
AGAIN PUBLISH NOTICE OF THE PROPOSED PURCHASE.
(F) THE CITY PURCHASING AUTHORITY SHALL PURCHASE FROM THE LOWEST
RESPONSIBLE BIDDER, BASING A DETERMINATION ON RESPONSIBILITY OF THE
BIDDER ON THE FOLLOWING FACTORS: ADHERENCE TO THE BID
SPECIFICATIONS, QUALITY, PROPOSED TERMS OF DELIVERY, ANY ADDITIONAL
COST TO THE CITY THAT WOULD BE INCURRED DUE TO LOCATION OF THE
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BIDDER, PERFORMANCE RECORD, FINANCIAL CAPABILITY, AND COMPLIANCE
WITH CONDITIONS IMPOSED IN THE SOLICITATION FOR BIDS. IF AFTER
CONSIDERATION OF THE BIDS, BIDDER RESPONSIBILITY, THE PURCHASING
AUTHORITY DETERMINES THAT TWO (2) OR MORE BIDDERS ARE EQUALLY
COMPETITIVE, HE OR SHE MAY PURCHASE FROM ONE SUCH BIDDER OR MAY
DIVIDE THE PURCHASE AMONG THEM, BUT ALWAYS ACCEPTING THE BID OR
BIDS MOST ADVANTAGEOUS TO THE CITY.
7.15.045 LOCAL PREFERENCES.
(A) IN AWARDING COMPETITIVE BID PURCHASES OR CONSTRUCTION
CONTRACTS UNDER KMC 7.15.040, PREFERENCE MAY BE GIVEN TO AN
OTHERWISE QUALIFIED "LOCAL BIDDER" UNLESS SUCH PREFERENCE IS
PROHIBITED BY THE FUNDING SOURCE.
(B) FOR PURPOSE OF THIS SECTION, A "LOCAL BIDDER" IS A PERSON WHO:
(1) HOLDS A CURRENT STATE BUSINESS LICENSE, AND IN ADDITION
FOR CONSTRUCTION CONTRACTS, HOLDS A CURRENT, APPROPRIATE
STATE CONTRACTOR'S REGISTRATION CERTIFICATE;
(2) SUBMITS A BID FOR A COMPETITIVE PURCHASE OR CONSTRUCTION
CONTRACT UNDER THE NAME AS APPEARING ON THE PERSON'S LICENSE
AND, WHERE APPLICABLE, A CERTIFICATE;
(3) HAS CONTINUOUSLY MAINTAINED A PHYSICAL PLACE OF BUSINESS
WITHIN THE KENAI PENINSULA BOROUGH STAFFED BY THE BIDDER OR AN
EMPLOYEE OF THE BIDDER FOR A PERIOD OF ONE HUNDRED EIGHTY (180)
DAYS IMMEDIATELY PRECEDING THE DATE OF THE BID OPENING. BIDDER
MUST PROVE COMPLIANCE WITH THIS REQUIREMENT TO THE CITY'S
SATISFACTION. MERE MAINTENANCE OF A MAIL BOX OR TELEPHONE
ANSWERING SERVICE, FOR EXAMPLE, IS NOT SUFFICIENT TO COMPLY
WITH THIS PROVISION; AND
(4) IF A JOINT VENTURE, IS COMPOSED ENTIRELY OF VENTURERS THAT
QUALIFY UNDER THIS SECTION.
(C) AN AWARD SHALL BE MADE TO THE LOWEST RESPONSIBLE BIDDER
PURSUANT TO KMC 7.15.040(F) OF THIS CHAPTER AS APPLICABLE, EXCEPT THAT
A BID MAY BE AWARDED TO A LOCAL BIDDER IF THE LOCAL BIDDER'S BID IS
NOT MORE THAN FIVE PERCENT (5 %) HIGHER THAN THE LOWEST RESPONSIBLE
NON -LOCAL BIDDER'S BID; PROVIDED, HOWEVER, SUCH PREFERENCE SHALL
NEVER EXCEED TWENTY -FIVE THOUSAND DOLLARS ($25,000.00), AND FURTHER
PROVIDED THAT THE OTHER PROVISIONS OF KMC 7.15.040(F) OF THIS CHAPTER
AS APPLICABLE, HAVE BEEN MET AND THE CITY CHOOSES TO AWARD THE BID.
THIS PREFERENCE WILL NOT BE GRANTED WHERE THE CITY USES NON-
COMPETITIVE PURCHASING AS PROVIDED IN KMC 7.15.050 OF THIS CHAPTER.
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7.15.050 PURCHASES, WHEN COMPETITIVE BIDDING NOT REQUIRED.
THE FOLLOWING MAY BE PURCHASED WITHOUT GIVING AN OPPORTUNITY FOR
COMPETITIVE BIDDING:
(A) SUPPLIES, MATERIALS, EQUIPMENT, OR CONTRACTUAL SERVICES WHOSE
COST DOES NOT EXCEED TWENTY -FIVE THOUSAND DOLLARS ($25,000.00) IN A
SINGLE TRANSACTION;
(B) SUPPLIES, MATERIALS, EQUIPMENT, OR CONTRACTUAL SERVICES WHICH
CAN BE FURNISHED ONLY BY A SINGLE DEALER OR WHICH HAS A UNIFORM
PRICE WHEREVER BOUGHT;
(C) SUPPLIES, MATERIALS, EQUIPMENT, OR CONTRACTUAL SERVICES
PURCHASED FROM ANOTHER UNIT OF GOVERNMENT AT A PRICE DEEMED
BELOW THAT OBTAINABLE FROM PRIVATE DEALERS, INCLUDING WAR SURPLUS;
(D) CONTRACTUAL SERVICES PURCHASED FROM A PUBLIC UTILITY
CORPORATION AT A PRICE OR RATE DETERMINED BY STATE OR OTHER
GOVERNMENT AUTHORITY.
(E) PROFESSIONAL SERVICES. PROFESSIONAL SERVICES MEANS THOSE
ADVISORY, CONSULTING, ARCHITECTURAL, MANAGEMENT, ENGINEERING,
RESEARCH OR DEVELOPMENT SERVICES THAT INVOLVE THE EXERCISE OF
DISCRETION AND INDEPENDENT JUDGMENT TOGETHER WITH AN ADVANCED OR
SPECIALIZED KNOWLEDGE, EXPERTISE OR TRAINING GAINED BY FORMAL
STUDIES OR EXPERIENCE. EXAMPLES OF PROFESSIONAL SERVICES INCLUDE,
BUT ARE NOT LIMITED TO, ACCOUNTANTS, ARCHITECTS, APPRAISERS,
ENGINEERS, FACILITIES MANAGEMENT, LAND SURVEYORS, AUDITORS, MEDICAL
SERVICES, FINANCIAL CONSULTANTS, ATTORNEYS, PLANNING CONSULTANTS,
ECONOMISTS, COMPUTER PROGRAMMERS AND SYSTEM ANALYSTS, INSURANCE
CONSULTANTS AND RISK ANALYSTS, INSURANCE PROVIDERS AND OTHER
SPECIALIZED CONSULTANTS.
(F) SUPPLIES, MATERIALS, EQUIPMENT OR CONTRACTUAL SERVICES
PURCHASABLE UNDER THE CONTRACT OF ANOTHER GOVERNMENTAL AGENCY IN
WHICH CONTRACT THE CITY IS AUTHORIZED TO PARTICIPATE.
(G) (1) THE CITY MAY AWARD A CONTRACT FOR SUPPLIES, SERVICES,
PROFESSIONAL SERVICES OR CONSTRUCTION WITHOUT COMPETITION, FORMAL
ADVERTISING OR OTHER FORMAL PROCEDURE WHERE THE CITY MANAGER
DETERMINES IN WRITING THAT AN EMERGENCY THREATENING THE PUBLIC
HEALTH, SAFETY OR WELFARE REQUIRES THAT THE CONTRACT BE AWARDED
WITHOUT DELAY. THE CITY MANAGER SHALL MAKE A REPORT ON SUCH
CONTRACT TO THE COUNCIL NO LATER THAN THE NEXT REGULAR MEETING
FOLLOWING AWARD OF THE CONTRACT.
(2) FOR PURPOSES OF THIS SUBSECTION, AN "EMERGENCY' IS DEFINED
AS THE OCCURRENCE OR IMMINENT THREAT OF WIDESPREAD OR SEVERE
DAMAGE, INJURY, LOSS OF LIFE OR PROPERTY, OR SHORTAGE OF FOOD,
WATER, OR FUEL RESULTING FROM:
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(A) AN INCIDENT SUCH AS STORM, HIGH WATER, WIND - DRIVEN
WATER, TIDAL WAVE, TSUNAMI, EARTHQUAKE, VOLCANIC ERUPTION,
LANDSLIDE, MUDSLIDE, AVALANCHE, SNOWSTORM, PROLONGED
EXTREME COLD, DROUGHT, FIRE, FLOOD, EPIDEMIC, EXPLOSION
OR RIOT;
(B) THE RELEASE OF OIL OR A HAZARDOUS SUBSTANCE IF THE
RELEASE REQUIRES PROMPT ACTION TO AVERT ENVIRONMENTAL
DANGER OR MITIGATE ENVIRONMENTAL DAMAGE;
(C) EQUIPMENT FAILURE IF THE FAILURE IS NOT A PREDICTABLY
FREQUENT OR RECURRING EVENT OR PREVENTABLE BY ADEQUATE
EQUIPMENT MAINTENANCE OR OPERATION;
(D) ENEMY OR TERRORIST ATTACK OR A CREDIBLE THREAT OF
IMMINENT ENEMY OR TERRORIST ATTACK IN OR AGAINST THE
STATE THAT THE ADJUTANT GENERAL OF THE DEPARTMENT OF
MILITARY AND VETERANS AFFAIRS OR A DESIGNEE OF THE
ADJUTANT GENERAL, IN CONSULTATION WITH THE COMMISSIONER
OF PUBLIC SAFETY OR A DESIGNEE OF THE COMMISSIONER OF
PUBLIC SAFETY, CERTIFIES TO THE GOVERNOR HAS A HIGH
PROBABILITY OF OCCURRING IN THE NEAR FUTURE; THE
CERTIFICATION MUST MEET THE STANDARDS OF AS 26.20.040(C); IN
THIS SUBSECTION, "ATTACK" HAS THE MEANING GIVEN UNDER AS
26.20.200; OR
(E) AN OUTBREAK OF DISEASE OR A CREDIBLE THREAT OF AN
IMMINENT OUTBREAK OF DISEASE THAT THE COMMISSIONER OF
HEALTH AND SOCIAL SERVICES OR A DESIGNEE OF THE
COMMISSIONER OF HEALTH AND SOCIAL SERVICES CERTIFIES TO
THE GOVERNOR HAS A HIGH PROBABILITY OF OCCURRING IN THE
NEAR FUTURE; THE CERTIFICATION MUST BE BASED ON SPECIFIC
INFORMATION RECEIVED FROM LOCAL, STATE, FEDERAL, OR
INTERNATIONAL AGENCY, OR ANOTHER SOURCE THAT THE
COMMISSIONER OR THE DESIGNEE DETERMINES IS RELIABLE.
7.15.055 COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION.
(A) WHEN THE USE OF COMPETITIVE SEALED BIDDING FOR CONSTRUCTION
PROJECTS IS EITHER NOT PRACTICABLE OR NOT ADVANTAGEOUS TO THE CITY, A
CONTRACT MAY BE ENTERED INTO BY USE OF THE COMPETITIVE SEALED
PROPOSALS METHOD.
(B) PROPOSALS SHALL BE SOLICITED THROUGH A REQUEST FOR PROPOSALS.
(C) WHEN THE CITY COUNCIL DETERMINES THAT IT IS ADVANTAGEOUS TO
THE CITY, THE CITY MAY ISSUE A REQUEST FOR PROPOSALS REQUESTING THE
SUBMISSION OF OFFERS TO PROVIDE CONSTRUCTION IN ACCORDANCE WITH A
DESIGN PROVIDED BY THE OFFEROR.
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(D) ADEQUATE PUBLIC NOTICE OF THE REQUEST FOR PROPOSALS SHALL BE
GIVEN IN THE SAME MANNER AS PROVIDED IN KMC 7.15.040(A), PROVIDED THE
MINIMUM TIME SHALL BE THIRTY (30) CALENDAR DAYS.
(E) A REGISTER OF PROPOSALS SHALL BE PREPARED CONTAINING THE NAME
OF EACH OFFEROR, THE NUMBER OF MODIFICATIONS RECEIVED, IF ANY, AND A
DESCRIPTION SUFFICIENT TO IDENTIFY THE ITEM OFFERED.
(F) THE REQUEST FOR PROPOSALS SHALL STATE THE RELATIVE IMPORTANCE
OF PRICE AND OTHER EVALUATION FACTORS.
(G) AS PROVIDED IN THE REQUEST FOR PROPOSALS, DISCUSSIONS MAY BE
CONDUCTED WITH RESPONSIBLE OFFERORS WHO SUBMIT PROPOSALS
DETERMINED TO BE REASONABLY SUSCEPTIBLE OF BEING SELECTED FOR
AWARD FOR THE PURPOSE OF CLARIFICATION TO ASSURE FULL
UNDERSTANDING OF, AND CONFORMANCE TO, THE SOLICITATION
REQUIREMENTS. OFFERORS SHALL BE ACCORDED FAIR AND EQUAL TREATMENT
WITH RESPECT TO ANY OPPORTUNITY FOR DISCUSSION AND REVISION OF
PROPOSALS AND SUCH REVISIONS MAY BE PERMITTED AFTER SUBMISSIONS
AND PRIOR TO AWARD FOR THE PURPOSE OF OBTAINING BEST AND FINAL
OFFERS.
(H) AWARD SHALL BE MADE TO THE RESPONSIBLE OFFEROR WHOSE
PROPOSAL IS DETERMINED IN WRITING TO BE THE MOST ADVANTAGEOUS TO
THE CITY, TAKING INTO CONSIDERATION PRICE AND THE EVALUATION FACTORS
SET FORTH IN THE REQUEST FOR PROPOSALS. NO OTHER FACTORS OR CRITERIA
SHALL BE USED IN THE EVALUATION. THE CONTRACT FILE SHALL CONTAIN THE
BASIS ON WHICH THE AWARD IS MADE.
(I) PROPOSALS SHALL BE RECEIVED AT THE TIME AND PLACE DESIGNATED IN
THE REQUEST FOR PROPOSALS, AND SHALL BE OPENED SO AS TO AVOID
DISCLOSING THEIR CONTENTS TO COMPETING PROPONENTS DURING THE
PROCESS OF NEGOTIATION. PROPOSALS SHALL BE OPEN TO PUBLIC INSPECTION
ONLY AFTER THE CONTRACT AWARD. HOWEVER, THE CITY SHALL ISSUE A
NOTICE OF INTENT TO AWARD TO ALL RESPONDING PROPOSERS AT LEAST
SEVEN (7) DAYS PRIOR TO COUNCIL APPROVAL. UPON REQUEST BY A COMPETING
PROPONENT, THE RECOMMENDED AWARDEE'S PROPOSAL SHALL BE OPENED
FOR REVIEW.
(Ord. 2022 -2003)
7.15.060 SALES, SURPLUS, COMPETITIVE BIDDING.
(A) EXCEPT AS PROVIDED IN SUBSECTION (D) NO SURPLUS OR OBSOLETE
SUPPLIES, MATERIALS, OR EQUIPMENT MAY BE SOLD (EXCEPT BY TRADING IN
ON OTHER GOODS OR SERVICES) UNTIL THE COUNCIL SHALL HAVE DECLARED
THEM OBSOLETE OR SURPLUS. BEFORE THE CITY ADMINISTRATOR SELLS ANY
SURPLUS OR OBSOLETE SUPPLIES, MATERIALS, OR EQUIPMENT, EXCEPT AS
OTHERWISE PROVIDED IN THE NEXT SECTION, HE OR SHE SHALL ADVERTISE
THEM FOR SALE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OR
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GIVE NOTICE IN SUCH OTHER MANNER AS HE OR SHE DEEMS NECESSARY
ADEQUATELY TO REACH PROSPECTIVE BUYERS TO GIVE THEM AN OPPORTUNITY
TO MAKE BIDS. ALL BIDS SHALL BE SEALED AND SHALL BE OPENED IN PUBLIC
AT A DESIGNATED TIME AND PLACE, EXCEPT WHEN THE SALE IS BY AUCTION OR
BY AN INTERNET SALE PROCESS.
(B) THE COUNCIL MAY BY RESOLUTION, INCLUDING SUCH TERMS AND
CONDITIONS AS IT DEEMS APPROPRIATE, DECLARE AND AUTHORIZE SALE OF
SURPLUS OR OBSOLETE SUPPLIES, MATERIALS OR EQUIPMENT BY A BROKER IF
THE NATURE OF ITEMS IS SUCH THAT SALE BY BROKER IS IN THE BEST
INTEREST OF THE CITY. THE CITY MANAGER SHALL SUBMIT A WRITTEN REPORT
TO THE COUNCIL OF ANY ITEM SOLD BY A BROKER INCLUDING THE
COMMISSION, BUYER, AND THE TERMS AND CONDITIONS OF THE SALE. SUCH
WRITTEN REPORT SHALL BE INCLUDED IN A COUNCIL PACKET WITHIN THIRTY
(30) DAYS AFTER THE SALE DATE.
(C) THE CITY ADMINISTRATOR MAY REPEATEDLY REJECT ALL BIDS AND
ADVERTISE OR GIVE NOTICE AGAIN. HE OR SHE SHALL SELL SUCH SUPPLIES,
MATERIALS, OR EQUIPMENT TO THE HIGHEST RESPONSIBLE BIDDER FOR CASH.
IN CASE OF A TIE, HE OR SHE MAY SELL TO EITHER OF THE BIDDERS TYING, OR
MAY DIVIDE THE SALE AMONG TWO (2) OR MORE TYING, ALWAYS SELLING TO
THE HIGHEST RESPONSIBLE BIDDER OR BIDDERS FOR CASH.
(D) COLLECTION MATERIALS REMOVED BY THE LIBRARIAN PURSUANT TO THE
LIBRARY'S COLLECTION DEVELOPMENT POLICY MAY BE SOLD, TRADED OR
OTHERWISE DISPOSED OF WITHOUT FURTHER DECLARATION BY COUNCIL AND
IN ANY MANNER DEEMED APPROPRIATE BY THE LIBRARIAN AS LONG AS THE
SALE, TRADE OR DISPOSAL IS IN THE BEST INTEREST OF THE LIBRARY. ALL
ETHICAL AND CONFLICTS OF INTEREST PROVISIONS DESCRIBED BY CITY
ORDINANCE, RESOLUTION, POLICY, OR REGULATION MUST BE FULLY COMPLIED
WITH IN SUCH SALE, TRADE, OR DISPOSAL. WITHIN THIRTY (30) DAYS OF THE
END OF EACH FISCAL YEAR, THE LIBRARIAN SHALL PROVIDE A FULL
ACCOUNTING TO THE CITY MANAGER AND COUNCIL OF ALL MATERIALS SOLD,
TRADED OR OTHERWISE DISPOSED OF THE PRIOR FISCAL YEAR.
7.15.070 SALES, WHEN COMPETITIVE BIDDING NOT REQUIRED.
THE CITY ADMINISTRATOR MAY SELL THE FOLLOWING ONLY WITH NOTICE TO
AND APPROVAL OF CITY COUNCIL WITHOUT GIVING AN OPPORTUNITY FOR
COMPETITIVE BIDDING:
(A) SURPLUS OR OBSOLETE SUPPLIES, MATERIALS, EQUIPMENT OR OTHER
PROPERTY, EXCLUDING REAL PROPERTY, THE VALUE OF WHICH DOES NOT
EXCEED ONE THOUSAND DOLLARS ($1,000.00) IN A SINGLE TRANSACTION; Or
(B) SUPPLIES, MATERIALS, EQUIPMENT OR OTHER PROPERTY, EXCLUDING
REAL PROPERTY, WHEN SOLD AT A PRICE AT LEAST AS GREAT AS THAT PAID BY
THE CITY FOR THE SAME, PROVIDED THAT THE FOLLOWING CONDITIONS SHALL
BE MET:
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(1) ANY SUCH PROPERTY VALUED IN EXCESS OF ONE THOUSAND
DOLLARS ($1,000.00) SHALL BE APPRAISED BY A QUALIFIED APPRAISER
WITHIN SIX (6) MONTHS PRECEDING THE SALE, AND THE SALE PRICE
SHALL BE NOT LESS THAN THE APPRAISED VALUE.
(2) THE CITY COUNCIL SHALL APPROVE OF THE SALE OF ANY SUCH
PROPERTY VALUED IN EXCESS OF ONE THOUSAND DOLLARS ($1,000.00).
7.15.080 TELEPHONE POLLS— AUTHORITY, PROCEDURE, RECORDATION.
(A) AUTHORITY. THE CITY MANAGER MAY OBTAIN AUTHORIZATION FROM
COUNCIL BY TELEPHONE POLL TO:
(1) PURCHASE BUDGETED SUPPLIES, MATERIALS, OR SERVICES IN
EXCESS OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) IF THE
NEED IS CRITICAL IN HIS OR HER ESTIMATION; AND
(2) EXECUTE GRANT APPLICATIONS, ACCEPT BIDS AND TRANSFER
FUNDS FOR THE BUDGETED ITEMS TO ACCOMPLISH THE FOREGOING.
(B) PROCEDURE. ALL QUESTIONS FOR TELEPHONE POLLS SHALL BE IN
WRITING AND APPROVED BY THE CITY MANAGER OR DESIGNEE FOR SUBMITTAL
TO THE CITY CLERK. THESE POLLS WILL BE APPROVED BY THE FINANCE
DIRECTOR TO DETERMINE WHETHER THE PROPER APPROPRIATION IS MADE BY
ORDINANCE. THE CITY CLERK MAY DESIGNATE WHICH CITY EMPLOYEES SHALL
CONDUCT THE POLL. NO MORE THAN ONE (1) QUESTION SHALL BE CONDUCTED
PER TELEPHONE POLL EXCEPT IN CASES OF EXTREME EMERGENCY WHERE
MORE THAN ONE (1) QUESTION MAY BE PRESENTED AND EXCEPT THAT THE
QUESTION CONCERNING TRANSFERENCE OF FUNDS MAY BE PRESENTED ALONG
WITH THE MAIN QUESTION. WHENEVER POSSIBLE, THE QUESTIONS SHALL
ELICIT A "YES" OR "NO" RESPONSE. IN ALL CASES, THE DESIGNATED EMPLOYEES
SHALL MAKE A REASONABLE ATTEMPT TO CONTACT ALL COUNCIL MEMBERS. AT
LEAST FOUR (4) MEMBERS OF THE COUNCIL MUST PARTICIPATE IN THE VOTE
FOR THE POLL TO BE VALID. A TWO- THIRDS (2/3) MAJORITY OF ALL COUNCIL
MEMBERS POLLED SHALL BE REQUIRED FOR TELEPHONE POLL AUTHORIZATION.
IF THE TELEPHONE POLL FAILS, THE MATTER SHALL BE CONSIDERED AS AN
AGENDA ITEM AT THE NEXT REGULAR COUNCIL MEETING.
(C) RECORDATION. AT THE NEXT REGULAR COUNCIL MEETING, THE CITY
CLERK, DURING HIS OR HER REPORT, SHALL READ INTO THE RECORD THE
RESULTS OF THE POLL INDICATING THE QUESTION POSED AND THE VOTE OF
EACH COUNCIL MEMBER REACHED.
7.15.090 PURCHASES AND SALES -- CERTAIN CITY OFFICERS.
PURCHASES FROM, AND SALES TO, THE CITY ADMINISTRATOR AND
COUNCILPERSONS SHALL ALSO BE GOVERNED BY THE CITY CHARTER, SECTION
5 -8 EXCEPT AS FOLLOWS:
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(A) THE CITY ADMINISTRATOR, COUNCIL PERSONS, AND CITY EMPLOYEES MAY
SELL OR BARTER ANYTHING TO THE CITY, OR MAKE A CONTRACT WITH THE CITY,
OR PURCHASE ANYTHING FROM THE CITY WITHOUT THE NECESSITY OF
COMPETITIVE SEALED BIDS PROVIDED SUCH SALES, CONTRACT, OR PURCHASES
INVOLVE A CONSIDERATION OF NOT MORE THAN FIVE HUNDRED DOLLARS
($500.00) IN VALUE.
(B) ANY SALE, CONTRACT OR PURCHASE, OF NOT MORE THAN FIVE HUNDRED
DOLLARS ($500.00) AUTHORIZED UNDER SUBSECTION (A) ABOVE, MUST BE
MADE AT SUCH PRICES OR RATES PREVAILING IN THE COMMUNITY AND
WITHOUT FAVORITISM OR DISCRIMINATION.
(Ord. 1178)
7.15.100 SETTING FEE SCHEDULES.
THE COUNCIL MAY ADOPT AND AMEND A FEE SCHEDULE SPECIFYING THE
RATES, CHARGES, OR FEES IMPOSED BY THE CITY. UNLESS OTHERWISE
PROVIDED IN THE KENAI CODE OF ORDINANCES, ANY RATES, CHARGES, OR
FEES IMPOSED BY THE CITY OF KENAI SHALL BE SET BY THE CITY MANAGER
AND SHALL BE EFFECTIVE UPON APPROVAL BY RESOLUTION OF THE CITY
COUNCIL.
7. 15.110 TAX COMPLIANCE.
(A) NO CONTRACT THAT REQUIRES COMPETITIVE BIDDING PURSUANT TO A
CITY ORDINANCE MAY BE AWARDED TO AN INDIVIDUAL OR BUSINESS THAT IS IN
VIOLATION OF CITY TAX ORDINANCES UNLESS THE VIOLATION IS CURED WITHIN
TEN (10) BUSINESS DAYS OF NOTICE.
(B) IF AN INDIVIDUAL OR BUSINESS BECOMES DELINQUENT ON ANY CITY TAX
OBLIGATION DURING THE TERM OF A CONTRACT, THE CITY MAY TERMINATE THE
CONTRACT IF NOT CURED WITHIN TEN (10) BUSINESS DAYS OF NOTICE, AND THE
CITY MAY OFFSET AMOUNTS OWED BY THE CITY TO THE INDIVIDUAL OR
BUSINESS UNDER A CONTRACT FOR THE AMOUNT OF OUTSTANDING TAX
OBLIGATIONS INCLUDING APPLICABLE PENALTIES AND INTEREST.
(C) TAX COMPLIANCE VERIFICATION IS NOT REQUIRED FOR PURCHASES
WHEN THE CITY CONDUCTS BUSINESS WITH OR THROUGH OTHER FEDERAL,
STATE OR LOCAL GOVERNMENTAL AGENCIES.]
7.15.010 Purchase Authority.
All purchases of supplies, materials, equipment, professional and contractual
services for the offices, departments, and agencies of the City government shall be
made by the City Manager or by other City personnel in accordance with purchase
authorizations issued by the City Manager or approved by City Council.
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(1) Utility bills (i.e., electricity, gas, fuel, and telephone);
ll City's routine investment purchasing;
JJ Monthly payments for payroll deductions (i.e., income tax, F.I.C.A.,
retirement, and fringe benefits), including both employer's and
employee's share;
(4) Authorized debt; or
(5) Monthly contracted janitorial service.
jbl All such exceptions will be paid when they fall due and payments will be ratified
by Council at the next regular Council meeting.
7.15.030 Informal Purchasing for Minor Purchases.
procedures as long as the price is known to be fair and reasonable within
the available market.
(2) Purchases greater than $10,000 but less than $25,000 require the
solicitation of three or more written quotes using an applicable
ll
form.
waived in writing by the City Manager with iustification provided on an
applicable purchasing form. Justification for waiving Large Purchase
procedures may include the need for expedited procurement and
in a newspaper of general circulation within the City. Invitations to bid may also be
advertised in other appropriate forums.
(bb) The purchase of, or contract for, supplies, materials, equipment, or contractual
services subiect to subsection (a), shall be awarded to the most responsible bidder
pursuant to subsection (f).
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(c) When such purchases are to be made from Federal or State grant funds any
(d) All bids shall be sealed and shall be opened in public at a designated time and
place.
fei The City may repeatedly reject all bids and again may submit to the same or
ffj. The City shall purchase from the lowest responsible bidder, basing a
determination on responsibility of the bidder on the following factors: adherence to the
bid specifications, quality, proposed terms of delivery, any additional cost to the City
that would be incurred due to location of the bidder, performance record financial
capability, and compliance with conditions imposed in the solicitation for bids If after
may divide the purchase among them, but always accepting the bid or bids most
advantageous to the City
7.15.050 Competitive Sealed Proposals for Construction or Management
Services.
fa When the use of competitive sealed bidding for construction projects is either
not practicable or not advantageous to the City, a contract may be entered into by use
of the competitive sealed proposals method.
(b) Competitive sealed proposals may also be used for Management Services of City
Facilities, Properties or Services.
(c) Proposals shall be solicited through a request for proposals.
(d) When the City Council determines that it is advantageous to the City, the Citv
may issue a request for proposals requesting the submission of offers to provide
construction in accordance with a design provided by the offeror or for management
services.
(e). Adequate public notice of the request for proposals shall be given in the same
manner as provided in KMC 7.15. 040.
A register of proposals shall be prepared containing the name of each offeror,
fgi The request for proposals shall state the relative importance of price and other
evaluation factors.
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Ordinance No. 2852 -2015
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L!
being selected for award for the purpose of clarification to assure full understanding
proposals and such revisions may be permitted after submissions and prior to award
for the purpose of obtaining best and final offers.
W
award is made.
fj Proposals shall be received at the time and place designated in the request for
proposals, and shall be opened so as to avoid disclosing their contents to competing
proponents during the process of negotiation. Proposals shall be open to public
inspection only after the contract award. However, the City shall issue a notice of
intent to award to all responding proposers at least seven (7) days prior to Council
approval. Upon request by a competing proponent, the recommended awardee's
proposal shall be opened for review.
7.15.060 Procurement of Professional Services.
(aa) Professional services for a total contract amount, including all reasonably
foreseeable change orders and modifications, less than $10,000 may be procured in
any reasonable manner.
purchasing form. If three quotes cannot reasonably be obtained, a written justification
must be documented on an applicable purchasing form.
ll Professional services procured in an amount in excess of $35,000 must be
solicited by issuing a request for proposals. The request for proposals shall state, or
incorporate by reference, all specifications and contractual terms and conditions to
which a proposal must respond, and shall state the factors to be considered in
evaluating proposals and the relative importance of those factors. Public notice of a
request for proposals shall be published a minimum of two times at least two weeks
prior to the date proposals are due in a newspaper of general circulation within the
City and may be advertised in other appropriate forums. A request for proposals may
be modified or interpreted only in written addenda.
(d) The City may negotiate with one or more qualified and responsible proponents
requirements of the request for proposals.. Proponents may be permitted to revise
their proposals after submission and prior to award to obtain best and fmal offers.
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Ordinance No. 2852 -2015
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Proponents deemed eligible for negotiations shall be treated equally regarding any
opportunity to discuss and revise proposals. Specific fee schedules shall be kept
confidential until after the notice of intent to award is distributed.
fee) Awards shall be made by written notice to the qualified and responsible
proponent whose final proposal is determined to be most advantageous to the Citv. No
do so, the City may reiect any and all proposals.
(f). Legal services may be procured by direct negotiation with an attorney or law
legal counsel shall be pursued by the City Attorney, or in the case of a conflict of
interest, the City Council or City Manager.
7.15.070. Innovative Procurements and Other Exceptions.
(a) A contract may be awarded
for supplies, services, professional services, or
construction using
an innovative procurement
process, with
or without competitive
sealed bidding or competitive sealed
proposals. A contract may
be awarded under this
section only when
the City Manager or designee determines
in writing to the City
Council that it is
advantageous
to the City to use an
innovative competitive
be in the best interest of the City to consider an award to other than the lowest priced
offer or other than the highest technically rated offer.
(1) To utilize an innovative procurement procedure the requesting
department shall submit:
,(A) a detailed procurement plan to the City Manager for review and
approval before public notice is issued as required under KMC
7.15.040. The plan shall, at a minimum, address the method of
solicitation, scope, method of award, protest procedures, and
.(B) an explanation of how use of this procedure will achieve the best
value, or why it is advantageous to the City. To the maximum
extent allowed by law, costs and benefits associated with the
location of the bidder, may be considered in determining the best
value for the City.
(2) When using the process authorized in this section, all of the following
apply:
(AA) The City Manager must first approve the use of the proposed
innovative procurement plan.
jB) All evaluation factors and significant sub - factors that will affect
the contract award and their relative importance shall be clearly
stated in the solicitation.
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Ordinance No. 2852 -2015
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Ll
important than, approximately equal to, or significantly less
important than cost or price.
ll In developing evaluation factors, generally, where the requirement
is clearly definable and the risk of unsuccessful contract
performance is minimal, cost or price may play a. dominant role in
source selection. The less definitive the requirement, the more
development work required, or the greater the performance risk,
the more technical or past performance considerations may play a
dominant role in source selection.
(b) The following may be purchased without giving an opportunity for competitive
bidding:
Lj Supplie
furnish(
bought:
ll
193m
price or rate determined by State or government authority.
(4) Supplies, materials, equipment or contractual services purchasable
under the contract of another governmental agency in which contract the
City is authorized to participate.
(5) The City may award a contract for supplies, contractual services, or
professional services without competition, formal advertising or other
formal procedure where the City Manager determines in writing that an
emergency threatening the public health, safety or welfare requires that
the contract be awarded without delay. The City Manager shall make a
report on such contract to the Council no later than the next regular
meeting following award of the contract.
(A) Forpurposes of this subsection, an "emergency' is defined as the
resulting from:
(i) An incident such as storm, high water, wind- driven water
tidal wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, avalanche, snowstorm, prolonged
extreme cold, drought, fire, flood, epidemic, explosion or
r
Ijil The release of oil or a hazardous substance if the release
requires prompt action to avert environmental danger or
mitigate environmental damage,
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Ordinance No. 2852 -2015
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iii Equipment failure if the failure is not a predictably frequent
or recurring event or preventable by adequate equipment
maintenance or operation;
iv Enemy or terrorist attack or a credible threat of imminent
enemy or terrorist attack in or against the State that the
Adiutant General of the Department of Military and
Veterans Affairs or a designee of the Adiutant General, in
consultation with the Commissioner of Public Safety or a
designee of the Commissioner of Public Safety, certifies to
the Governor has a high probability of occurring in the near
future; the certification must meet the standards of AS
26.20.040(c); in this subsection, "attack" has the meaning
given under AS 26.20.200; or
M An outbreak of disease or a credible threat of an imminent
outbreak of disease that the Commissioner of Health and
Social Services or a designee of the Commissioner of Health
and Social Services certifies to the Governor has a high
probability of occurring in the near fixture; the certification
must be based on specific information received from local,
reliable.
7.15.080 Local Preferences.
jJ In awarding competitiv
otherwise qualified "local bidder" unless such preference is prohibited by the funding
source.
fib) An award shall be made to the lowest responsible bidder pursuant to KMC
7.15.040(8 of this chapter as applicable, except that a bid shall be awarded to a local
bidder if the local bidder's bid is not more than five percent (5 %) higher than the
lowest responsible non -local bidder's bid and such award is permitted by the funding
chapter.
7.15.090 Sales, Surplus, Competitive Bidding.
f al Except as provided in subsection (d) no surplus or obsolete supplies, materials,
or equipment may be sold (except by trading in on other goods or services) until the
Council shall have declared them obsolete or surplus. Before the City Manager sells
any surplus or obsolete supplies, materials, or equipment, except as otherwise
provided in the next section, he or she shall advertise them for sale in a newspaper of
general circulation in the City or give notice in such manner as he or she deems
necessarily adequately to reach prospective buyers to give them an opportunity to
make bids. All bids shall be sealed and shall be opened in public at a designated time
and place, except when the sale is by auction or by an internet sale process.
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(b) The Council may by resolution, include such terms and conditions as it deems
appropriate, declare and authorize sale of surplus or obsolete supplies, materials or
equipment by a broker if the nature of items is such that sale by broker is in the best
interest of the City. The City Manager shall submit a written report to the Council of
any item sold by a broker including the commission, buyer, and the terms and
conditions of the sale. Such written report shall be included in a council packet within
Thirty (30) days after the sale date.
(c) The City Manager may repeatedly reiect all bids and advertise or give notice
again. He or she shall sell such supplies, materials, or equipment to the highest
responsible bidder for cash. In case of a tie, he or she may sell to either of the bidders
tying, or may divide the sale among two (2) or more tying, always selling to the highest
responsible bidder or bidders for cash.
(d) Collection materials removed by the librarian pursuant to the library's
collection development policy may be sold, traded or otherwise disposed of without
further declaration by Council and in any manner deemed appropriate by the librarian
the City Manager and Council of all materials sold, traded or otherwise disposed of the
prior fiscal year.
7.15.100 Purchases and Sales— Certain City Officers.
Purchases from, and sales to, the City Manager and Councilpersons shall also
be governed by the City Charter, Section 5 -8 except as follows:
(a) The City Manager, Council persons, and City emplovees may sell or barter
anything to the City, or make a contract with the City, or purchase anything from the
value.
(b) Any sale, contract or purchase, of not more than five hundred dollars ($500)
authorized under subsection (a) above, must be made at such prices or rates
prevailing in the community and without favoritism or discrimination.
7. 15.110 Tax Compliance.
(a) No contract that requires competitive bidding pursuant to a City ordinance may
be awarded to an individual or business that is in violation of City tax ordinances
unless the violation is cured within ten (10) business days of notice.
(b) If an individual or business becomes delinquent on any City tax obligation
during the term of a contract, the City may terminate the contract if not cured within
ten (10) business days of notice, and the City may offset amounts owed by the City to
the individual or business under a contract for the amount of outstanding tax
obligations including applicable penalties and interest.
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Ordinance No. 2852 -2015
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!c) Tax compliance verification is not required for purchases when the City
conducts business with or through other Federal, State or local governmental
agencies.
7.15.120 Appeal Procedures.
(aa) Any party submitting a bid or proposal for a contract with the City and who
believes that they are adversely affected by the City's relevant ordinances, regulations,
procurement process, or by any acts of the City in connection with the award of a City
contract, may file a protest appeal with the City Clerk. All protest appeals must be to
the City within five (5) calendar days of the issuance of the City's notice of its intent to
award the contract. The appeal must be hand delivered, delivered by mail, or by
facsimile and must comply with all requirements of this section. If the fifth day is a
City - recognized holiday or a weekend, the deadline for appeal shall be the next work
day. It is up to the protester to choose a method of delivery to assure timely receipt by
the City.
(b) Rejection of Appeal. The Clerk shall reiect an untimely or incomplete appeals.
Such reiection shall be final and may be appealed to the Superior Court pursuant to
the Court Rules of Appellate Procedure.
(c). The protest appeal must be in writing and shall include the following
information:
ll
(2) the signature of the protester or the protester's representative;
(3) identification of the contracting agency and the solicitation or contract at
issue;
(4) a statement of the legal and factual grounds of the protest, including
copies of relevant documents; and,
(5) the form of relief requested.
(d) Stay of award. If a timely and complete protest appeal is filed, the award of the
contract shall be staved until all administrative remedies have been exhausted, unless
the City Manager determines in writing that award of the contract pending resolution
of the appeal is in the best interests of the City.
(e) Notice and response. Notice of the stay and protest appeal shall be delivered to
any party who may be adversely affected by the City Manager's decision by facsimile,
first class mail or in person within three (3) business days of receipt of a properly filed
appeal.
(f] City Manager Decision. The City Manager shall issue a written decision to the
appellant within ten (10) business days of the date the appeal is filed. If multiple
The decision may include any lawful action, including without limitation an
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Ordinance No. 2852 -2015
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be necessary.
jgl If the City Manager sustains a protest in whole or in part, the City Manager
shall implement an appropriate remedy. In determining an appropriate remedy, the
City Manager shall consider the circumstances surrounding the solicitation or
procurement including the seriousness of the procurement deficiencies, the degree of
preiudice to other interested parties or to the integrity of the procurement system, the
good faith of the parties, the extent the procurement has been accomplished, costs to
the agency and other impacts on the agency of a proposed remedy, and the urgency of
the procurement to the welfare of the City.
jhj Notwithstanding subsections (a) and (b) immediately above, if the City Manager
sustains a bid protest appeal in whole or part, the protester's damages shall not
exceed the reasonable bid or proposal preparation costs.
(i) Appeal to superior court. Appeals may be taken from the written decision of the
City Manager within thirty (30) days of the date of the decision pursuant to Part VI of
the Alaska Rules of Appellate Procedure.
7.15.130 Definitions.
The following definitions apply for this Chapter:
(a) "Contractual Services," means services other then professional services
performed for the City by persons not in the employment of the City, and may include
the use of equipment or the furnishing of commodities in connection with said services
under express or implied contract. Contractual services shall include: travel, freight,
express, parcel post, postage, telephone, telegraph, utilities, rents, printing and
binding, repairs, alterations, and maintenance of buildings, equipment, streets,
bridges, and other physical facilities of the City, and other services performed for the
Citv by persons not in the employment of the Citv.
(b) A "Local Bidder" is a person who:
(1) Holds a current state business license, and in addition for construction
contracts, holds a current, appropriate state contractor's registration
certificate;
(2) Submits a bid for a competitive purchase or construction contract under
the name as appearing on the person's license and, where applicable, a
certificate;
(3) Has continuously maintained a physical place of business within the
bidder for a period of ninety (90) days immediately preceding the date of
the bid opening. Bidder must prove compliance with this requirement to
the City's satisfaction. Mere maintenance of a mail box or telephone
answering service, for example, is not sufficient to comply with this
rovision; an d
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(4)
ll
(d) "Professional Services," means all advisory, consulting, technical, research or
other services, such as architectural, engineering, land surveying, legal and financial,
which involve the exercise of discretion and independent iudgment together with an
advanced or specialized knowledge, expertise or training gained by formal studies or
experience.
Section 3. Amendment of Chapter 7.25 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 7.25 -City Budget, is hereby amended by enacting a new code
section as follows:
7.25.120 Setting Fee Schedules.
The Council may adopt and amend a fee schedule specifying the rates, charges,
or fees imposed by the city. Unless otherwise provided in the Kenai Code of
Ordinances, any rates, charges, or fees imposed by the City of Kenai shall be set by
the city manager and shall be effective upon approval by resolution of the Council.
Section 4. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of
October, 2015.
PAT PORTER, MAYOR
Introduced: September 2, 2015
Enacted: October 7, 2015
Effective: November 6, 2015
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"'V illaye witk a Past, C# with a Future
\ °ti"` / 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 992
KENAI, ALASKA Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
Nom/
MEMORANDUM
TO: Mayor Porter, City Council Members, Student Representative
FROM: Council Members Knackstedt & Molloy
DATE: August 26, 2015
SUBJECT: Ordinance No. 2852 - 2015
Repealing & Re- Enacting Purchasing Code, Etc.
This ordinance would repeal and re -enact the City's purchasing code, Chapter 7.15- Purchases
and Sales, with revisions. The City Attorney's revised and updated sectional analysis memo
presents the specifics of the changes proposed by this ordinance. The major differences between
the draft ordinance discussed by Council at the 8/17/15 work session and this ordinance are:
1. Formal purchasing:
- The dollar limit is now proposed to be $35,000.
2. Informal purchasing:
- Purchases up to $10,000 may be made without formal purchasing procedures as
long as the price is known to be fair and reasonable within the available market.
- Purchases greater than $10,000 but less than $25,000 require the solicitation of
three or more written quotes or a written justification.
- Purchases of $25,000 or greater, but no more than $35,000 require the same
competitive bid procedures as required for Large Purchases, unless waived in
writing by the City Manager with justification provided on an applicable
purchasing form. Justification for waiving Large Purchase procedures may
include the need for expedited procurement and conservation of City resources.
At a minimum, procedures for purchases greater than $10,000 but less than
$25,000 must be utilized.'
3. Management services:
- Is now included with new 7.15.050 Competitive Sealed Proposals for
Construction or Management Services. Competitive sealed proposals "may
also be used for Management Services of City Facilities, Properties or Services."
The City Manager may have a more restrictive administrative policy.
4. Professional services:
- Between $10,000 and $35,000 requires the solicitation of three or more quotes
with written documentation or a written justification.
- Greater than $35,000 requires request for proposals.
- For legal services, in the case of a conflict of interest, negotiations or contracts
shall be pursued by the City Council or City Manager.
5. Definitions:
- "Local bidder ": The period of pre -bid staffing is proposed to be 90 days instead
of the present 180 days. No other change.
- "Management Services" is defined to mean "services provided by a third parry to
manage or operate a facility or property owned by the City or services provided
by the City."
We respectfully request your support of this ordinance.
"'Villa9e with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Council Members Molloy and Knackstedt
FROM: City Attorney, Scott Bloom
DATE: August 27, 2015
SUBJECT: Sectional Analysis of KMC 7.15 Purchases & Sales Ordinance
This memo will outline the major changes between the proposed rewrite of KMC
CHAPTER 7.15 and the existing code section:
1. The majority of the definitions, including the definition of "Contractual services"
in existing KMC 7.15.010 — "Contractual services" defined, are moved to a
definitions section in the proposed KMC 7.15.130 - Definitions, for organizational
purposes. A new definition of "Professional Services" is provided that is more in
line with other municipal definitions and the State's definition. This new definition
excludes management services, which is currently included as a professional
service. Instead Management services is separately defined with a new definition.
2. Existing KMC 7.15.020 has the ambiguous title "Made by whom" and has been
renumbered as 7.15.010 and titled "Purchase Authority." The new section also
clarifies the types of purchases that can be made and who has authority to make
them.
3. Existing KMC 7.15.030 - When prior approval by Council is required, is
renumbered and renamed as KMC 7.15.020 - Purchases Requiring Council
Approval and is otherwise similar.
4. Proposed KMC 7.15.030 - Informal Purchasing for Minor Purchases, is a new
code section defining how minor purchases are made and governs purchases up to
$35,000. This is similar, aside from dollar amounts, to the current City Manager's
policy, but has not previously been codified.
5. Existing KMC 7.15.040 - Competitive bidding, is renamed "Competitive Bidding
for Large Purchases." The new section clearly requires an open advertised bid in
all cases, whereas the existing section allows for a process utilizing a minimum of
three quotes or an open bid process.
6. Existing KMC 7.15.045 - Local preferences, is renumbered as 7.15.080. The new
section adds a local preference for purchases of $15,000 or greater, but less than
$35,000, under new KMC 7.15.030(a)(3), removes the definition of "Local
Page 2 of 2
Bidder" to the new definitions section, and contains mandatory, rather than
potentially permissive language when a preference is allowed by the funding
source.
7. Existing KMC 7.15.050 - Purchases, when competitive bidding not required, has
been moved to KMC 7.15.070 - Innovative Procurement and Other Exceptions,
subsection (b). It removes the exception for purchases of $25,000 or less and
professional services, but is otherwise mostly consistent with the existing code
section.
8. Existing KMC 7.15.055 - Competitive sealed proposals for construction, is
renumbered and renamed as KMC 7.15.050- Competitive Sealed Proposals for
Construction or Management Services, , and is further amended to include a
process for proposals for management services.
9. The proposed KMC 7.15.060 - Procurement for Professional Services, is a new
section that requires an open competitive process for solicitation of professional
services for services of more than $35,000 and a solicitation of quotes for services
between $10,000 and $35,000. The new code section also provides a process for
procuring professional services. An exception is provided for procurement of legal
services.
10. The proposed new KMC 7.15.070 - Innovative Procurement and Other
Exceptions, mentioned above, incorporates the exceptions to competitive bidding
above and also mirrors the Kenai Peninsula Borough's process for innovative
procurement methods that are in the City's best interest. This process requires a
written communication to Council that an innovative procurement method is in the
City's best interest based on new or unique requirements of the City, new
technologies or to achieve best value. Specific requirements contained in
subsections (1) and (2) of this new code section are required to utilize innovative
procurement methods.
11. Existing KMC 7.15.060 - Sales, surplus, competitive bidding, is renumbered as
KMC 7.15.090, but otherwise is largely the same.
12. Existing KMC 7.15.080 - Telephone polls — Authority, procedure, recordation, is
deleted in its entirety in the proposed ordinance, as it is a process no longer
utilized by the City and is inconsistent with modern practices.
13. Existing KMC 7.15.090 - Purchases and sales— Certain City officers, is
renumbered as KMC 7.15.100, but is otherwise largely the same.
14. Existing KMC 7.15.100 - Setting fee schedules, is removed in its entirety from
KMC Chapter 7.15 - Purchases and Sales, and put in KMC Chapter 7.25 - City
Budget, (KMC 7.25.120) where it fits more appropriately. No other material
changes are made to the code section.
15. Existing KMC 7.15.110 - Tax compliance, is renumbered to KMC 7.15.110, but is
otherwise materially the same.
16. New proposed KMC 7.15.120 - Appeal Procedure, provides an appeals process for
bid and proposal protests. It provides specific timelines for filing and responding
to protest as well as procedures. It allows for appeals to go to the City Manager
and then to Superior Court.
''Villaye with a Past, C# tvdh a Future"
OFFICE OF THE CITY MANAGER
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
tlreutyaf Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014
KENAL ALASKA
V
KMC 7.15 governs the purchases made by the City of Kenai. The following policy is intended
as a supplement to KMC 7.15. The intent of the policy is to assure the expenditure of public
funds is being made in the most responsible matter. The policy in no case shall be less restrictive
than KMC 7.15. The expected goal of any purchase shall be to receive the lowest cost for a good
or service that meets the needs of the purchasing department.
Purchases less than $1,000.00
Purchases less than $1,000.00 do not require request for quotes or formal solicitation.
Departments are encouraged to shop and verify the price being paid is competitive.
Purchases greater than $1,000.00 but less than $5,000.00
Purchases greater than $1,000.00 but less than $5,000.00 will require a minimum of three verbal
quotes that shall be documented on the purchasing verbal quote form. If three quotes are not
available a brief explanation as to why and justification for selection of the vendor is required.
The completed verbal quote form will be maintained by the department and made available upon
request.
Purchases greater than $5,000.00 but less than $15,000.00
Purchases greater than $5,000.00 but less than $15,000.00 will require a minimum of three
written quotes. Written quotes will be solicited using the purchasing written quote form. If three
quotes are not available a brief explanation as to why and justification for selection of the vendor
is required. The completed written quote forms will be maintained by the department and made
available upon request.
Purchases greater than $15,000.00 but less than $25,000.00
Purchases greater than $15,000.00 but less than $25,000.00 will require City Manager approval
to NOT require formal solicitation or bid. A written request to exempt a purchase from formal
solicitation will include justification and the proposed method to be used in the absence of
formal bid. At a minimum the requirements of purchases greater than $5,000.00 but less than
$15,000.00 shall be followed.
Purchases greater than $25,000.00
Purchases of goods or non - professional services greater than $25,000.00 shall be by formal
competitive bid. Any deviation from formal competitive bid must be allowable under KMC
7.15.050 and be approved by the City Manager. Purchases of professional services greater than
$25,000.00 will require City Manager approval to NOT require formal solicitation for bid. A
written request to exempt a purchase from formal solicitation will include an explanation as to
why the selected vendor was chosen and reasonable assurance the cost is competitive.
"'li'i(aye with a Past, C# with a Futurell
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014
Verbal Quote Form
Date:
Item to be purchased:
Description: Quantity:
Make/Model:
Vendor Selected:
Vendor:
Unit Price:
Vendor 1
Vendor Name:
Date: Time of Call: Sales Person:
Make /Model of Quoted Item:
Quantity Available: Unit Price:
Vendor 2
Vendor Name:
Date: Time of Call: Sales Person:
Make /Model of Quoted Item:
Quantity Available: Unit Price:
Vendor 3
Vendor Name:
Date: Time of Call: Sales Person:
Make /Model of Quoted Item:
Quantity Available: Unit Price:
Date:
Item to be purchased:
Quantity Requested:
Item to be Delivered by:
"'illaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014
Written Quote Form
Description:
(Attach additional hi o matron or Diawmgs if applicable
Make/Model:
(Attach additional onnatton or Diawmgs if apphca e
Vendor Information:
Vendor Name:
Sales Person:
Quoted Price Good Until:
Make/Model of Quoted Item:
(Attach additional Information or Drawings ifapphcahle)
Quantity Available: Unit Price:
Date:
"�/la9e with a Past, C# with a F./me"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014
Exemption From Formal Bid Request
Requesting Department:
Item to be Purchased:
Vendor Name:
Quantity Available: Unit Price:
Item to be Delivered by:
Description:
(Attach additional In onnahon or D,awnigs if apphca e)
Make /Model:
(Attach additional 1 onnahon or D�awmgs it applicable)
Justification for Exemption:
(Attach additional Inlonnahon if needed)
Method Used to Assure Competitive Pricing:
(Attach additional Inlonnahon —If needed)
Approved r] Declined F]
City Manager:
M
"Villa9e with a Past, iC# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIII
1992
MEMO:
TO: City Council
FROM: Rick Koch, City Manager
DATE: September 10, 2015
SUBJECT: Work Session Materials — Repealing & Re- Enacting Purchasing
Code, Ordinance 2852 -2015
The purpose of this correspondence is to provide Administration's review of the proposed
purchasing code re- write, and to provide general, and specific recommendations.
Present Purchasing Code
From the perspective of the Administration, the current purchasing code provides both the
flexibility and guidance necessary to ensure the business of the municipal corporation is
conducted in a legal, fair, and ethical manner, while at the same time providing an appropriate
degree of flexibility to respond to procurement schedules, and conditions, without imposing
administratively intense, costly, and inefficient regulation.
The majority of similar jurisdictions have incorporated higher dollar levels of procurement
controls, as the cost of goods and services tend to increase in cost over time. If Council desires
to amend the existing code, or adopt new code, this would be an opportune time to increase
current dollar limitations for various levels of procurement activities.
The guidance presently provided in KMC 7.15, efficiently and effectively meets the needs of the
municipal corporation, and with minor amendments to recognize the increased costs of goods
and services would continue to meet the City's and citizens of Kenai's needs.
Under the present purchasing code all procurements greater than $15,000 must be approved in
advance by the City Council.
Proposed New Purchasing Code
The proposed new code provides for a decrease in limits in several areas of normal
procurement activity. In general, similar jurisdictions provide for higher dollar levels of informal
procurement rather than less.
In the event that Council adopts in whole, or in part, the proposed purchasing code,
Administration respectfully requests your consideration of the following amendments:
1. KMC 7.15.020, Purchases Requiring Council Approval. This provision mirrors existing
code which requires Council approval for all purchases of supplies, materials,
equipment, and contractual services exceeding $15,000.
Administration Recommendation: Increase the limit for purchases of supplies,
materials, equipment, and contractual services requiring Council Approval from
$15,000 to $25,000. Similar jurisdictions have limits from $20,000 to $50,000, and
several jurisdictions, including the City of Homer and the Kenai Peninsula Borough
do not require Council /Assembly approval if the expenditure is included in the
adopted budget.
2. KMC 7.15.030(a), Increases limit for informal purchasing of supplies, materials,
equipment, and contractual services from $25,000 to $35,000.
Administration Recommendation: Increase limit from $25,000 to $50,000. Council
approval for informal purchasing should also be amended to include all purchases
in excess of $25,000 (provided in No. 1, above).
3. KMC 7.15.030(a)(1), decreases limit for informal purchases without competition
from $15,000 to $10,000.
Administration Recommendation: Retain existing limit for informal purchases
without competition at $15,000. As a matter of Administrative Policy, competitive
bids are already obtained for the majority of purchases below $15,000, but there is
a number of informal purchases up to $15,000 that can only be accomplished
through a single supplier.
4. KMC 7.15.030(a)(2), decreases the limit for which three written quotes are required
from $15,000 to $10,000.
Administration Recommendation: Retain existing limit for informal purchases
without competition at $15,000. As a matter of Administrative Policy, competitive
bids are already obtained for the majority of purchases below $15,000, but there is
a number of informal purchases up to $15,000 that can only be accomplished
through a single supplier.
5. KMC 7.15.030(a)(3), requires purchases greater than $25,000, but no more than
$35,000 to follow competitive bids procedures for large purchases (greater than
$35,000), allows for administrative waivers, but requires procedures for purchases
between $10,000 - $25,000, at a minimum.
Administration Recommendation: Eliminate this provision in its entirety. It is
confusing and provides for three different administratively - intense procedures.
Administration recommends utilizing informal purchasing procedures between
$25,000- $50,000, which require solicitation of three or more written quotes, and
Council approval (No. 2, above).
6. KMC 7.15.030(b), provides that purchases for supplies, materials, equipment, and
contractual services in the amount of $35,000 or less be made from the lowest
responsible source.
Administration Recommendation: Eliminate in its entirety and replace with
"Purchases for supplies, materials, equipment, and contractual services, shall be
made from the responsive and responsible supplier and /or contractor providing
the lowest price."
7. KMC 7.15.040, provides for purchase of supplies, materials, equipment, and
contractual services in excess of $35,000 be defined as a "large purchase" and follow
formal competitive procurement procedures.
Administration Recommendation: Large Purchases should be defined as greater
than $50,000. Formal procedures extend the period of procurement by a minimum
of 30 days. This requirement for relatively small procurements, especially for
construction services, during the short summer construction season will have a
negative impact.
8. KMC 7.17.050 provides for a competitive sealed proposal process for procurement
of management services.
Administration Recommendation: Management services under the existing code
are considered professional services. The proposed procurement code, and other
similar jurisdictions define professional services as "a service which involves the
exercise of discretion and independent judgment together with advanced or
specialized knowledge, expertise or training gained by formal studies or
experience, and includes without limitation a service provided by an engineer,
architect, attorney or accountant." The City presently contracts for management
services of the golf course, Vintage Pointe, multi - purpose facility (ice
maintenance), Recreation Center, and Visitor's Center. Each of these management
contracts, to differing degrees, require advanced or specialized knowledge,
discretion, and independent judgment. Administration recommends that
management services be removed from the proposed KMC 7.15.050 and remain a
professional service.
9. KMC 7.15.060, provides for the procurement of professional services, and
established procurement methodologies based on contract /agreement monetary
values.
Administration Recommendation: Present code requires Council approval for
procurement of all professional services above $15,000 in value. The code does not
require a specific procurement methodology for professional services at any level.
Generally, for larger procurements of professional services (greater than $50,000)
the source of funding requires a specific procurement methodology. This has been
the case in the majority of professional service agreements.
Because Council must approve all procurements exceeding $25,000, Council has
the ultimate authority to approve the methodology employed. If Council, as a
matter of policy, desired to place certain limitations and /or requirements for the
procurement of professional services, that would be appropriate, but to self -limit
the Council's authority, in Administration's opinion, is not in the best interest of
the Council and /or the City.
Administration recommends that the proposed KMC 7.15.060 be deleted in its
entirety, and the existing code, KMC 7.15.050(E) be retained in a similar
form /meaning.
10. KMC 7.15.080(a), provides for local preference for purchases between $25,000 and
$35,000.
Administration Recommendation: Delete in its entirety and substitute "In
awarding competitive bid purchases of less than $50,000 preference may be given
to an otherwise qualified local bidder, in the amount of 5% of the amount bid,
unless such preference is prohibited by the funding source.
There are additional administrative burdens established in the proposed code which will
require more time than presently required to undertake procurement activities. This increased
work /time commitments may require additional resources either through personnel and /or
contracting.
Attached, please find a spreadsheet summarizing the City of Kenai's current procurement
regulations, and the proposed procurement regulations procurement regulations, compared to
similar jurisdictions.
Summary
Administration recommends retaining the City's current procurement code with amendments
as have been proposed by the Administration. This would require an additional amendment
defining the City's present Bid Protest procedure, and other minor changes.
In the alternative, Administration recommends including the amendments defined in the
analysis provided in this document. If any members of Council would like to discuss a substitute
ordinance incorporating all, or some, of these amendments, Administration can assist in
drafting the substitute.
As previously stated, the Kenai City Code presently provides flexibility and guidance, allowing
the City Council to undertake procurement activities utilizing a wide -range of methodologies.
Under the present ($15,000), and Administration recommended ($25,000) limits requiring
Council approval, Council maintains knowledge and control of the City's procurement activities.
If you have any questions, please contact me at your convenience.
attachment
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