HomeMy WebLinkAboutORD2023-015 Title 6 Recodification Sponsored by: Regis
Introduction: May 22, 2023
Public Hearing: June 12, 2023
Postponed: June 12, 2023
Postponed: July 10, 2023
Substitute Ordinance Enacted: July 24, 2023
CITY OF SEWARD, ALASKA
ORDINANCE 2023-015
Substitute Ordinance
AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING
SEWARD CITY CODE TITLE 6 PURCHASING, CONTRACTS AND
PROFESSIONAL SERVICES
WHEREAS, this ordinance updates Title 6 with the most current financial practices; and
WHEREAS,in May 2020, Seward City Council approved Resolution 2020-040 to review,
update, and recodify Seward City Code;
WHEREAS,there are 16 Titles contained in the Seward City Code; and
WHEREAS, due to the sheer volume of material to be received, it is more efficient and
reasonable to provide the changes in smaller, more manageable portions for consideration; and
WHEREAS, to that end, this ordinance is focused specifically on Title 6 — Purchasing,
Contracts and Professional Services.
NOW,THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 6 is amended to read as follows (new language is in
bolded italics and underlined and deleted language is stricken):
TITLE 6 - PURCHASING, CONTRACTS AND PROFESSIONAL SERVICES
Chapter 6.01 General Provisions.
6.01.010 Purpose.
The purpose of this title is to:
A. 1 Maximize the purchasing value of public funds in the procurement of goods and services for
the city;
B. Ensure that supplies, materials, services, and construction are procured efficiently,
effectively, and at the most favorable prices available Provide an efficient system for the
purchase of goods and services without creating unreasonable administrative burdens and
restrictions;
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
C. Provide flexibility ' and ^e^vices and safeguards for
maintaining a procurement system of quality and integrity in order to meet the goals and
objectives of the city as determined by the city council;
D. 4. Provide for the fair and equitable treatment of all persons or organizations involved in the
provision of goods and services to the city; and
E. Prevent collusion and anti-competitive practices by the providers of goods and services
F. Ensure that the city's purchasing actions are in compliance with applicable laws and
regulations;and
G. Demonstrate open and transparent processes to the public.
6.01.015 Interpretation.
This title is to be interpreted and applied in order to further the objectives stated in this title. above.
6.01.020 Compliance with grant conditions.
When a procurement involves the expenditure of state or federal grant,assistance or contract funds,
the procurement shall be conducted in accordance with any applicable mandatory local, state, or
federal law and regulation. Nothing in this Code shall prevent the city from complying with the
terms and conditions of any grant, gift or bequest which is otherwise consistent with law.
6.01.025 Documentation of Purchase
Process.
A. Every undertaking of the city involving the expenditure of city money, no matter the amount,
shall be in writing in the form of a purchase order, check request, credit card, electronic
communication, travel voucher or of a contract, as may be appropriate, and no officer or
employee of the city shall have auth it t t + 1 * 1 th
t/ �] � µfill Vlli� LV�i
��e of. The fin ce dire ♦or'c de ee'� r tt^ 1 f dit
or-designee shall it ail=purci ase-orders
B. No officer or employee of the city shall have authority to enter into an oral agreement
involving the expenditure of money.-Separate-porehase-er-ders-shall-not-be-insued-fof-the
pure ;e of'c nting the e o e„ts a ,1 1' 't t' f th' titl
j.....�r...�- -- --------- _11lls LII
C. Separate purchase orders shall not be issued for the purpose of circumventing the
requirements and limitations of this title. The cit y m o uthorize deparment
this cha„ter and Cha„t ti 05
111,J Lill
D. References in this title to matters required to be in "writing"or to be "written"may include
electronic communication unless procedures are otherwise prescribed.
6.05.
E. R�FE'S s tle to katters required-to be in "writii or- " riti '@t3 chide
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
Chapter 6.10.
6.01.026 Authority.
A. The finance director's, or designee's, written approval of expenditures certifies that each
expenditure has been properly authorized and that funds have been lawfully appropriated
for that purchase.
B. The city manager or designee and city clerk or designee shall sign all contracts on behalf of
the city.
C. The city manager may authorize any department of the city to purchase directly certain
specified supplies, materials, equipment or contractual services under written procedures
not less restrictive than those prescribed under this title.
D. The city manager shall have the authority to and shall establish the administrative
procedures which may be necessary to carry out the provisions of this title.
E. The city manager is authorized to issue an invitation to bid if the procedure will best serve
the needs of the city and accomplish the objectives of this title.
F. The city manager is hereby authorized to issue a request for proposals if the procedure will
best serve the needs of the city and accomplish the objectives of this title.
G. The city manager may reject any or all bids, proposals or quotations and may waive minor
irregularities in the bids,proposals or quotations.
6.01.030 . City credit card.
The city may use credit cards or purchase cards to purchase items following the processes
outlined in this chapter.
6.01.035 Inspection of work, materials, etc., prior to payment.
A. Prior to the making of partial or final payments on contracts,the city manager or designee shall
certify that the conditions of the contract for which payment is being made have been complied
with.
1. In the case of partial payments,&ueh the payments shall be made on estimates of the amount
and value of work accomplished.
2. The certificates of estimate shall include the amount and value of the work accomplished
and the materials used since any preceding estimate.
3. Such The certificates of estimates shall further indicate that if a greater proportion of the
contract has been performed by the contracting party than that which is represented by the
request for partial payment, the request only shall be paid, in addition to any preceding
partial payments.
4. The finance director may authorize payment upon receiving the invoices properly certified,
and evidence of compliance with any other applicable requirements.
B. The responsibility for the inspection and acceptance of all materials, supplies and equipment
shall rest with the department of-division head concerned.
6.01.040 Payment of claims.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
A. The city finance director shall pay claims for which appropriations have previously been made,
when the claim was incurred by purchase order as otherwise herein provided, or by agreement
approved by the city council.
B. The finance director shall require invoices to be submitted to the finance director or designee
by the vendors, and that the head of the department er-divisien of the city concerned shall
submit to the finance director or designee confirmation that the goods or services for which
the purchase order and invoices are rendered have been delivered in the manner, quantity and
quality specified, prior to the issuance of the city's payment thereof.
Claims for transportation expenses and allowances submitted in connection with traveling on
official business will be allowed by the finance director only when sueh the expenses have been
approved in accordance with city policy.
6.01.050 Contractor delinquency in certain payments.
A. The city shall not award a contract or purchase order to any person who then is delinquent in
paying:
1. (i)Any tax levied by the city or the Kenai Peninsula Borough,
2. (ii)Any special assessment levied by the city,
3. (iii)Any charge for city utility or harbor services, or
4. (iv)Any city business license fee unless the person cures the delinquency within ten f
days after the mailing of written notice thereof.
B. The city may terminate any contract or purchase order if the contractor becomes delinquent in
payment of any of the items listed in subsection A. of this section unless the contractor cures
the delinquency within ten days after mailing of written notice thereof.
C. The city may deduct from any amount due the contractor under any contract or purchase order
an amount equal to the total of all delinquent amounts that the contractor owes for:
1. (i)Taxes levied by the city or the Kenai Peninsula Borough,
2. ( Special assessments levied by the city,
3. ( )Charges for city utility or harbor services, and
4. (iv)The city business license fee.
D. Subsections B.and C.of this section shall be deemed to be incorporated in every city contract
and purchase order that is executed .
E. Nothing in this section shall prevent any person from paying under protest any tax, special
assessment, utility or harbor charge, or business license fee, or pursuing appropriate judicial
or administrative action to contest or recover ash the tax, assessment, charge or fee.
6.01.060 Business license required
A. 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.
B. 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.
C. To obtain a city business license, a current state business license and valid Kenai Peninsula
Borough sales tax account is required.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
Lop 6.01.070 Definitions.
Bid. Offer of a specific price to secure commodities,capital equipment or construction work.
Major purchase. Those purchase orders or contracts for labor, services, materials, or other
valuable considerations which exceed $30,000 for any one item, or any passenger vehicle
purchase.
Minor purchase. Those purchases of labor, services, materials or other valuable
considerations which do not exceed$5,000 for any one item.
Open market purchasing. Procuring goods and/or services without formal advertising or
formal bid procedures, usually in small quantities or in an emergency.Shall be based on at least
three quotations.
Open purchase order. A city-wide purchase order approved by the finance director and city
manager each fiscal year. Allows city employees to purchase items as needed for under$1,000.
Purchases must still be approved by department head.
Passenger vehicle. Any vehicle that is primarily intended for the carriage of passengers and
does not meet the requirements of Alaska Statute definition of"commercial motor vehicle."
Professional services. Those services that require special knowledge and judgment that
includes analysis, evaluation,prediction,planning or recommendations and which result in the
production of a report or the completion of a task.
Proposal. A formal plan or suggestion put forward for consideration or discussion.
Purchase order. Document completed by purchaser that includes all relevant details of the
purchase and approval of the purchase by department head,finance director, and city manager
as appropriate.
Quotations.A detailed record shall be made of the quotations received and shall include the
firm's name,person contacted, detailed description of materials or services, and price. Prices in
published mail order catalogs or internet web sites may be considered to be written quotations.
Records.A record of all purchases and the quotations submitted to the City shall be kept and
the records shall be public.
Requisition. Document completed by potential purchaser prior to purchase, that includes all
relevant details of purchase and quotations and is submitted for approval by department head,
finance director and city manager as appropriate.
Solicitation. Written quotations may be solicited by telephone, in person or in writing from
interested persons or firms.
Sole source. When only one vendor, to the best of the requestor's knowledge and belief,
based upon documented research,is capable of providing the required good or service. This may
occur when goods or services are specialized or unique in character. Written justification is
required.
Chapter 6.05 Incidental Minor, Intermediate, and Major Purchases
6.05.005 Minor purchases less than $5,000.
A. All purchases for an amount estimated to be$5,000 or less shall be made on the open market
with such competition as is reasonable and practical under the circumstances.
B. Such open market purchases, whenever practicable, shall be based on at least three
quotations and shall be awarded to the lowest qualified quotation.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
C. Purchases over$5,000 require a requisition authorized by the department head and finance
director before purchase is made.
6.05.010. ,
,
r shall notify the city council at its next regular
i�? b e-ire limited + �hY en quot tionsrising for seale he city
6.05.015. Solicitation, quotations, records.
interested r f:r.,.
-person-co ted�-detailed-description-of materi �e Tces
in published mail order catalogs or internet web sites may be considered to be written
quotations.
cit., : petition thereon shall be kept nd ch r ords shall be public
rf l' 111 vVlaf�JVTZL e
6.05.020. Minor purchase procedures.
presebed-for--the- curd-ower.Died-bid-purchases. Such-open- arket-pures
th t ed „ formal bid r cedures .,s def ned R � 1!1 1 35 c.luding ., ref r
u.. uaasl u.wu ias fvfr ,
established-by-
any services.
agreement betwe r. the city „r.d the c ntractor o ,ider
a.f�avvaalvf as vvs v.�.
6.05.025 Intermediate purchases ($5,000- $30,000).
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
A. The city manager is authorized to bind the city by purchase order or contract without
air
advertising or previous action by the city council for the payment of labor, services, or
materials, in amounts not exceeding$30,000.00 for any one item provided that:
1. Reasonable efforts have been made to provide the city with the lowest and best prices
obtainable, and
2. The city manager shall notify the city council at its next regular meeting of any purchase
order or contract between $5,000.00 and$30,000.00.
B. Those efforts may include, but are not limited to, solicitation of written quotations or
advertising for sealed bids.
6.05.030 Major purchases(over$30,000).
When the cost of goods or services required by the city exceeds the sum of$30,000 the city
manager shall seek and preserve a competitive environment by utilizing competitive bids or
proposals as set forth in this title, unless otherwise exempt.
Chapter 6.10 General Procurement Procedures.
6.10.1>0. D„finition
any passenger vehicle purchase. A passenger vehicle is any vehicle that is constructed for the
carriage of passengers and driven or moved on a highway or other public right of way.
6.10.010 Bid and proposal security—financial.
A. All bids or proposals for contracts estimated at $100,000 or more, or when otherwise
required by a request for bids or proposals, must be accompanied by a certificate of deposit,
or certified check or draft, or a cashier's check or a draft on some responsible bank in the
United States, in favor of and payable at the site to the city, for an amount equal to five
percent of the bid, not to exceed$50,000.
B. If the bidder or proposer to whom the contract is awarded, for 15 days after the award, fails
or neglects to enter into a contract and file any required payment or performance bond, the
city manager shall draw the money due on the certificate of deposit or check or draft, and
pay the same into the treasury, and under no circumstances shall it be returned to the
defaulting bidder.
C. In lieu of the foregoing, any bid may be accompanied by a surety bond, equal to the amount
stated in this section, furnished by a surety authorized to do a surety business in the state,
guaranteeing the bidder will enter into a contract and file the required bond within the
required period.
D. Without limiting the foregoing, no plea or defense of mistake by a bidder or proposer shall
be available in any action by the city for the recovery of any deposit, or in any action on any
surety bond or as a defense to any action based upon any refusal to execute a contract.
6.10.020 Exemptions from competitive procurement procedures.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-015
A. The provisions of this title requiring competitive procurement procedures need not apply to
the types of services and/or contracts set forth in this chapter. City council approval of •INJ
contracts is required regardless of whether an exemption applies.
B. Any purchases made utilizing an exemption in this title will have documented justification.
C. The city manager will disclose if an exemption to the procurement process was used and the
reasoning behind the utilization of the exemption when requesting city council approval for
purchase as required by this title.
D. Exemptions listed in this title may only be used if not restricted by federal, state, or local
regulations.
6.10.030430 Spe i duets—and ofessien-alserviees ear. .—Exemptions for
specialized products and professional services.
A. Exceptions for specialized products and professional services include: Restrictions and
previsiens-ef-Aftieles-2-and-3-ef-this-ehapter-shall-net-applyi
1. Purchase of supplies, materials, equipment or contractual services from another unit of
government at a price determined by the city manager to be below that obtainable from
private vendors, including government surplus. ;
2. Purchase of contractual services from a public utility corporation at a price or rate
determined by state or other government authority.
ident to c petitiye lidding, nable•o
3. Purchase of professional services such as. Where an emergency makes the delay incident
accounting,
architectural, appraisal, engineering, land surveying, financial consultation, legal
services, lobbying, planning, economic analysis, computer programming and system
analysis, insurance consultation and risk analysis, and other specialized services.
4. To the placement of insurance coverage; Purchase of electronic data processing software
and hardware systems and communications equipment; and
a-single-deaierter-whiell-have-a-uniferm-publishe4-ppiee; When competitive procurement
procedures have been followed, but no bids, quotations or proposals are received. In
such case, the city manager may proceed to have the services performed or the supplies
purchased without further competitive bidding or quotation.
6. ,
;
7. To contractual ser, o ch^ ed f:-o ubli tilit. atio at ate
8.
„dations and which r „lt in the production of a r rt r the. pletion of'a task
ram:,:,::::�.,uu«v..su o
Examples of professional services include accounting, architectural, appraisal,
,
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
9. To purchase electronic data processing software and hardware systems and
,tio t. nd
o „ � �
10. ,
B. The city may utilize competitive bids obtained by other governmental units.
6.10.04015 .Exemption for purchase of used equipment.
Restrictions and provisions of this title shall not apply where the city council determines that the
public interest would be best served by the purchase of used equipment and, by—reselutieni
authorizes the city manager to locate and purchase a particular type and quantity of used
equipment.
6.10.0504-38 Exemption when
competitive bid/proposals not in public interest.
Restrictions and provisions of this title shall not apply where the city manager determines
and makes written findings to the city council that the public interest would be best served by not
requiring competitive bids/proposals. The best interest determination may be based upon, but is
not limited to, a finding that the services or articles can be procured at a lower cost without
competitive bidding.
6.10.060 Exemption for sole-source procurement.
Sole-source procurement may occur in the following circumstances:
A. Based on documented research, the good or service is only available from one source.
B. Where a public exigency or emergency makes the delay in purchase due to competitive
solicitation and selection unreasonable.
C. When the federal awarding agency or pass-through entity expressly authorizes a
noncompetitive procurement in response to a written request from the city.
D. Purchase of a patented articles.
E. Products or services that support existing software or data exchange between public or
private agencies or are required for compatibility to existing equipment.
F. When competitive procurement procedures have been followed, but a limited number or no
bids, quotations, or proposals are received.
6.10.070135 Award only to responsible bidder/proposer.
A. A contract awarded under this chapter shall be made only to a responsible bidder/proposer.
B. Prior to the city issuing a notice to proceed, the successful bidder/proposer shall:
1. Provide evidence of a valid city business license. All contractors or ons conducting
rk f r o .ding prof..:. nal s to� n 1�eh lfo f the city .h ll .., .taro a city
or-primer.
2. Not be listed as prohibited for receiving federal funds on the Excluded Parties List
System within the System for Award Management. Per Federal Regulation 45 CFR
75.335.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
C. 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 non-
responsible bidder/proposer.
6.10.080140 Not responsible bidder/proposer finding.
A report that the low bidder/proposer is not responsible shall delay the award of the contract until
after completion of the procedures outlined below:
A. .h If the city manager or his designee reports to the city council that the lowest bidder is not
responsible, notice shall immediately be sent to the next two lowest bidders or the next two
most preferred proposers and the report shall be placed on the agenda of the next scheduled
council meeting; provided, that the next council meeting allows two weeks' written notice to
the lowest bidder and the next two lowest bidders or most preferred and next two most
preferred proposers.
B. 2 At the council meeting, the lowest bidder or most preferred proposer and the city manager
or his-designee shall have the opportunity to be heard regarding the adverse report.
C. 37 The city council shall then determine whether it is in the best interest of the public to affirm,
reject, or modify the city manager's report and in so doing make written findings to support its
determination. The written findings shall be based on,but not limited to,the criteria set out in
this chapter.
6.10.090445 Where fug Insufficient funding.
A. If the lowest responsive and responsible bid or proposal exceeds the amount of funds available
for the procurement, the scope of the procurement may be reduced to bring its estimated cost
within the amount of available funds.
B. The city shall issue a new invitation for bids or requests for proposals for the reduced
procurement,or,upon a finding by the city manager that the procurement is in the best interests
of the city and upon notice to the city council,in the manner"et fe .1-�i 0 e the
city manazer may negotiate with the three lowest responsive and responsible bidders or the
three most responsive and responsible proposers in succession, beginning with the lowest bid
or most responsive proposal,and may recommend the city council award the reduced contract.
Article 2. Competitive Scaled Bids
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
Chapter 6.20 Competitive Bids.
6.420.2010 Use of competitive bids.
When the cost of goods or services required by the city exceeds the sum of$30,000.00, the city
manager shall seek and preserve a competitive environment by utilizing the competitive bids
process as set forth in this chapter agile, unless otherwise exempt.
6.4-20.02045 Invitations to bid—Public notice.
A. The city manager or designee shall call for bids by advertising at least once in a newspaper of
general circulation not less than two weeks prior to the date set for receiving bids.
B. The public notice shall include:
1. Instructions on how to obtain a bid package;
2. The process for posing questions and obtaining responses to questions;
3. The deadline for submitting a bid response;
4. Instructions for how and where to submit bid response; and
5. The time, date, and location of the public bid opening.
6.20.030 Bid packets.
Bid packets shall be comprised of appropriate documents and notices as indicated through city
fiscal policies.
6.10.220 Bid security.
A n ll bids f r contracts estiH ed at $1 00 000 00 a „hen „therwise r red by
check or draft, and pay the same into the treasury, and under no circumstances shall it be
to n ctien based . refusal t^ execute a contract.
6.420.040225 Bid form responses.
All bid responses shall be placed in a sealed envelope, clearly marked as to the purpose of the
submission, and delivered to the city clerk. and^ ened by the a t„manger,^ n designated
by 1,;.,, publitimeesignated ;n ,rice inviting bids
6.20.050 Public opening of bids.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
A. The city manager or designee shall open the bid responses in public, at the time and place
designated in the public notice inviting bids and shall: •w
1. Announce the name of each responder and verify the response was received in a timely
manner;
2. Open the sealed envelope(s) and announce the bid amount(,), and
3. State the apparent low bidder, subject to thorough examination.
B. The city clerk or designee shall attend and record all public bid openings.
6.420.060230 Bid award.
A. The city council may reject all submitted bids,parts of bids,ant or all of a bid and may waive
minor irregularities in the bids when public interest will be best served by doing so.
B. The city council may award the contract to the
lowest qualified responsive and responsible bidder as defined in this title.
1. Provided that if the lowest bids are approximately equal, that is within the lesser of
$5,000.00 or five percent of each other, preference may be given to local bidders who
maintain and operate businesses within the boundaries of the city. the Seward electrical
u --serge-area.
2. Local preference will be applied to the bid process except when specifically excluded
within the request-fer-bids, invitation to bid, or by funding source for project. The city
o until m eet a all bids and .Y. ular;ties in the bids
6.420.070235 Return of bids.
The city manager shall return to the apparent unsuccessful bidders their certificates of deposit,
drafts or checks; provided, however, that the manager may retain the certificate of deposit, check
or draft of the three apparent low bidders until after award and signing of the contract.
Artiele 3. Alternate Procurement Procedures
Chapter 6.30 Competitive Proposals.
A. Not riding the requirements- .10.2-1-0-et segac en�e mead-may
sh the objectives of this title. The city manager
1
competitive sealed bids an`l the re s f r his decision at the next regularly scheduled city
The report shall also: clude a description of the selection p nd crite.-:a
6.430.010 . Competitive Proposals.
A. The city may utilize requests for sealed competitive proposals for goods and services,including
design/build services.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
B. When the cost of goods or services required by the city exceeds the sum of$30,000, the city
manager may utilize competitive proposals as set forth in this chapter,if such procedure will
best serve the needs of the city and accomplish the objectives of this title, unless otherwise
exempt
C. The city manager shall notify the city council of the decision to use competitive proposals
and the reasons for the decision at the next regularly scheduled city council meeting
6.130.0320-Notiee.Requests for proposals—public notice.
Notice of requests for proposals shall be given in accordance with this title§ 6.10.215 and the city
may use additional means considered appropriate to notify prospective proposers of the intent to
enter into a contract through competitive sealed proposals.
6.130.040325 Request for proposals—packet content.
Requests for proposals shall be comprised of appropriate documents and notices as indicated
through city fiscal policies.
6.30.050 Response to requests for proposals.
All proposals shall be placed in a sealed envelope, clearly marked as to the purpose of the
submission, and delivered to the city clerk.
6.130.33060 Public opening of proposals.
A. The city manager or designee, in public, shall open and announce the name of each
responder and verify the response was received in a timely manner.
B. The city shall epee evaluate the proposals in private so as to avoid disclosure of contents to a
competing proposer during the process of negotiation.
C. A register of proposals containing the name and address of each proposer shall be prepared.
The register and the proposals themselves are open for public inspection only after a notice of
intent to award has been issued by the city.
D. To the extent that the proposer designates,and the city attorney concurs,trade secrets and other
proprietary data contained in the proposal documents are confidential.
E. The city clerk or designee shall attend and record all proposal openings
6.130.070335 Discussions with proposers.
A. Following review and evaluation of the proposals, the city may prepare a short list of the
proposals which most nearly meet the requirements set forth in the request for proposals. The
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
city may then request supplemental information or enter into discussions with the proposers
listed therein for the purpose of clarification to assure ensure full understanding of, and
responsiveness to,the solicitation requirements.
B. Upon receipt of additional or clarifying information,the short-listed proposers shall be ranked,
and negotiations may be initiated with the first-ranked proposer. If an agreement cannot be
reached, that proposer shall be dropped from the list and negotiations initiated with the next-
ranked proposer.
C. These proposers shall be accorded fair and equal treatment with respect to any opportunity for
discussion and revision of proposals, and revisions may be permitted after submissions and
before final negotiation of the contract for the purpose of obtaining best and final offers. In
conducting discussions, the city may not disclose information derived from proposals
submitted by competing proposers.
6.130.080340 .Notice of intent to award.
A. The city manager shall make a written recommendation for award to the responsible and
responsive proposer whose proposal is determined to be the most advantageous to the city,
taking into consideration the price and the evaluation factors set out in the request for
proposals. Other factors and criteria may not be used in the evaluation.
B. The city manager or designee shall issue a CITY OF SEWARD, ALASKA notice of
recommendation to award to all responding proponents prior to approval by the final decision-
making authority.
C. The contract shall be let by the city council to the most qualified responsive and responsible
proposer.
D. The city council may reject any or all proposals and may waive minor irregularities in the
proposals.
(Ord. 615, 1989; Ord.No. 2008 018, § 1, 11 21 2008)
Section 2. This ordinance shall take effect 10 days after adoption.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-015
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, the
24`h Day of July,2023.
THE CITY OF SEWARD,ALASKA
St ekrAr a A r4
Sue McClure, Mayor
AYES: Osenga, Calhoon, Wells, DeMoss, Barnwell, McClure
NOES: None
ABSENT: Finch
ABSTAIN: None
ATTEST:
,7 ,.., //e_
Kris Peck
City Clerk
(City Seal) ,„1.11,1,,,.,
.� F c '
. U ,.✓'p RP C
G
:� •
SE . f
10
T ..........:• .'I
FO::fl,t r�
City Council Agenda Statement
Meeting Date: May 22, 2023
To: City Council
From: Norm Regis, Acting City Manager
Crystal Miner, Carmen Jackson CPA
MC Pehle, Carmen Jackson CPA
Sully Jusino, Deputy Finance Director
Agenda Item: Ordinance 2023-015: Amending Seward City Code Title 6 Purchasing,
Contracts and Professional Services
Background and justification:
As part of the original city recodification project, this ordinance is brought to council to update
Seward City Code Title 6. Title 6 is dedicated to Purchasing, Contracts and Professional Services.
The entire title has been examined and nearly every portion of the content has been updated.
Amended Ordinance
code section Page # Amendment
Further defines the purpose of the title and adds assurance language
6.01.010 1 regarding the city's purchasing actions and demonstration of open and
transparent public processes.
6.01.015 2 References the entire Title as opposed to one section.
6.01.025 2 Further defines documentation of the purchasing processes. Note: some
portions of the section have been moved to 6.01.026.
6.01.026 3 New section regarding the finance director and city managers authority.
Note: some portions of the section were previously in 6.01.025.
6.01.030 3 New section providing the authority to use city credit cards.
6.01.035 3 Grammatical and bulleting updates.
6.01.040 3 Grammatical updates.
6.01.050 4 Grammatical and bulleting updates.
6.01.060 4 New section addressing business license requirements. Note: some of the
language was in 6.05.020.
6.01.070 5 New section for definitions. Note: some of the language was previously in
6.05.15.
6.05.005 6 Minor purchases of less than $5,000 was moved from 6.05.020 to its own
section. Note: the previous minor purchase amount was $1,000.
6.05.010 These sections have repealed and moved to 6.01.060, 6.05.005, 6.05.025,
6.05.015 6 and 6.05.030.
6.05.020
6.05.025 7 Intermediate purchases($5,000 -$30,000)was moved from 6.05.010 and
6.05.020 to its own section.
6.05.030 7 Major purchases over $30,000 was moved to its own section.
Article 1 7 The term Article 1 has been struck. Use of chapters as found in other areas
of code is being used in its place.
6.10.010 7 New section — language was previously in 6.10.220.
6.10.020 8 New section regarding exemptions from competitive procurement
procedures. Note: most of the language was previously in 6.10.115.
6.10.030 8 Renumbered from 6.10.120. The language has been updated to reflect the
exemptions forspecialized products and professional services.
6.10.040 9 Renumbered from 36.10.125
192
6.10.050 9 Renumbered from 6.10.130. The updated language requires the city to
make written findings to the city council.
6.10.060 9 New section and language regarding sole-source procurement.
6.10.070 10 Renumbered from 6.10.135 and additional regarding bidders being
prohibited from receiving federal funds.
6.10.080 10 Renumbered from 6.10.140 and updated bulleting added.
6.10.090 11 Renumbered from 6.10.145 and grammatical amendments made.
Article 2 11 The term Article 2 has been struck. Use of chapters as found in other areas
of code is being used in its place.
6.20.010 11 Renumbered from 6.10.210. Note: the increased amount for cost of goods
and services.
6.20.020 11 Renumbered from 6.10.020. Additional information has been added
regarding the public notice.
6.20.030 11 New section regarding bid packets.
6.10.220 former 11 This section has been struck. The language was moved to 6.10.020.
6.20.040 12 Renumbered from 6.20.225.
6.20.050 12 New section regarding ublic opening of bids.
6.20.060 12 Renumbered from 6.10.230. Clarifying language regarding bid awards.
6.20.070 12 Renumbered from 6.10.235.
Article 3 12 The term Article 3 has been struck. Use of chapters as found in other areas
of code is being used in its place.
6.10.310 former 13 Removes language regarding the alternate procurement procedures.
6.30.010 13 Renumbered from 6.10.315. the language provides the proposal process.
6.30.020 13 Renumbered from 6.10.320.
6.30.040 13 Renumbered from 6.10.325. The language speaks the packets content for
proposals and points back to the fiscal policy.
6.30.050 13 New section regarding the response to requests for proposals.
6.30.060 14 Renumbered from 6.10.330. The language provides for the criteria for
public opening of proposals.
6.30.070 14 Renumbered from 6.10.335.
6.30.080 14 Renumbered from 6.10.340.
6.10.345 former 14 The language has been struck because it a process that is no longer used.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan:
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
✓ Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
✓ Not applicable
193
Fund Balance Information
Affected Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking F1 Water F1 Healthcare
Motor Pool Other
Note: amounts are unaudited
Fund Balance/Net position — unrestricted/unassigned $
Available Unrestricted Cash Balance: $
Finance Director Signature:
Attorney Review
✓ Yes Attorney Signature:
Not applicable Comments:
Administration Recommendation
e✓ Adopt ordinance
Other:
194