HomeMy WebLinkAboutOrd2019-013 Sponsored by: City Clerk
Introduction Date: August 12, 2019
Public Hearing Date: August 26, 2019
Enactment Date: August 26, 2019
CITY OF SEWARD, ALASKA
ORDINANCE 2019-013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING CITY CODE TITLE 6 — PURCHASING,
CONTRACTS AND PROFESSIONAL SERVICES, TO CLARIFY THAT A
CITY OF SEWARD BUSINESS LICENSE IS REQUIRED TO PERFORM
WORK FOR, OR PROVIDE A SERVICE TO OR ON BEHALF OF, THE
CITY OF SEWARD FOR THE LIFE OF THE CONTRACT OR
AGREEMENT
WHEREAS, Seward City Code, Title 6, outlines the city's requirements and
responsibilities for making purchases, soliciting bids and proposals, and signing contacts; and
WHEREAS, this portion of code is appropriately concerned with maintaining fiduciary
responsibility and oversight on all city expenditures; and
WHEREAS, SCC 6.10.135 — Major Purchases clearly states that proof of a valid city
business license is required before the city can issue a notice to proceed with a proposal; and
WHEREAS, although SCC 6.05.020 — Incidental Minor Purchases refers the reader to
the business license requirement as outlined in SCC 6.10.135, it is often misunderstood or
misinterpreted; and
WHEREAS, the code language should be clarified so that all contractors or persons
providing professional services to or on behalf of, the city clearly understand that they are
required to possess a valid city business license in order to perform work or provide services; and
WHEREAS, in addition, a valid city business license should also be required to be
maintained throughout the life of the contract or service agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code TITLE 6 — PURCHASING, CONTRACTS AND
PROFESSIONAL SERVICES is hereby amended as follows:
(Deletions are Bold Str hfoughs; Additions are Underlined Bold Italics.)
CITY OF SEWARD, ALASKA
ORDINANCE 2019-013
6.05.020. - Minor purchase procedures.
A. All purchases for an amount estimated to be $1,000.00 or less shall be made on the open
market with such competition as is reasonable and practical in the circumstances.
B. Purchases in an amount estimated to be greater than $1,000.00 but not more than
$30,000.00, except as indicated in § 6.05.020.C., shall be made when feasible and when in the
best interest of the city in the open market by written or oral quotation or telephone
solicitation, which may be done without newspaper advertisement and without observing the
procedure prescribed for the award of formal sealed bid purchases. Such open market
purchases, whenever practicable, shall be based on at least three quotations and shall be
awarded to the lowest qualified bidder. The basis for determining the lowest qualified bidder
shall be the same as that used in formal bid procedures as defined in § 6.10.135, including
any preferences established by law.
C. All contractors or persons conducting work for, or providing professional services to or on
behalf of the city shall obtain a city business license prior to conducting any work or
providing any services.
D. A valid city business license shall be required to be maintained for the life of the contract
or agreement between the city and the contractor or provider.
6.10.135. - Award only to responsible bidder/proposer.
A contract awarded under this chapter shall be made only to a responsible
bidder/proposer. Prior to the city issuing a notice to proceed, the successful bidder/proposer
shall provide evidence of a valid city business license. All contractors or persons conducting
work for, or providing professional services to or on behalf of the city shall maintain a city
business license for the life of the contract or agreement between the city and the contractor or
provider. The city manager may report to the city council and recommend rejection of a bid or
a proposal on the basis of the following criteria:
1. The skill and experience demonstrated by the bidder/proposer in performing contracts of a
similar nature;
2. The bidder's/proposer's record for honesty and integrity;
3. The bidder's history with any prior litigation or threatened litigation;
4. The bidder's/proposer's capacity to perform in terms of facilities, personnel and financing;
5. The previous and existing compliance by the bidder/proposer with laws and ordinances
relating to the contract;
6. The number and scope of conditions attached to the bid/proposal;
7. The bidder's/proposer's past performance under city contracts, including failure to timely
complete a contract for the amount stated in its bid or proposal including city requested
change orders. If the bidder/proposer has failed in any material way to perform its obligations
under any contract with the city, the bidder/proposer may be deemed a nonresponsible
bidder/proposer.
CITY OF SEWARD, ALASKA
ORDINANCE 2019-013
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 26th day of August, 2019.
THE CITY OF SEWARD, ALASKA
David Squires, Mayor
AYES: McClure, Osenga, Seese, Horn, Towsley, Lane, Squires
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Brenda J. Ballou, MMC
City Clerk /-} c f " 9 C %lY C /er k
(City Seal)
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