19 of 1968 - Amending Chapter 15, Title 25, pertaining to the powers and duties of the City Purchasing Agent. ROLL CALL
February 27 8
VOTING Aye Nay Salt Lake City,Utah, ,196
Barker
Catmull ✓ I move that the Ordinance be passed. j
?�
i
Garn . . . / /
Harrison . . %
Mr. Chairman .
AN ORDINANCE
Result . . .
AN ORDINANCE AMENDING Chapter 15, Title 25 of the Revised Ordinances
of Salt Lake City, Utah, 1965, pertaining to City Purchasing Agent.
Be it ordained by the Board of Commissioners of Salt Lake City, Utah:
SECTION 1. That Chapter 15 of Title 25, of the Revised Ordinances of
Salt Lake City, Utah, 1965, pertaining to City Purchasing Agent, be, and
the same hereby is, amended to read as follows:
"Sec. 25-15-1. City purchasing agent. The city purchasing agent
hereinafter referred to as the agent, shall be the head, and have
general supervision of the purchasing department. The agent shall per-
form all duties required of a department head by law, and shall have the
powers and duties prescribed by this ordinance. Except as herein pro-
vided, it shall be unlawful for any city officer or officers to order
the purchase of any supplies or make any contract within the purview of
this ordinance other than through the department of purchasing, and any
purchase ordered orcontract made contrary to the provisions hereof shall
not be approved by the city officials, and the city shall not be bound
thereby.
"Sec. 25-15-2. Scope of purchasing authority. The agent shall have
the power and it shall be his duty to purchase or contract for all supplies
and contractual services needed by any department which derives its support
wholly or in part from the city, in accordance with purchasing procedures
as prescribed by this ordinance and such rules and regulations as the agent
shall adopt for the internal management and operation of the department
of purchasing and such other rules and regulations as shall be prescribed
by the board of commissioners.
"Sec. 25-15-3. Other powers and duties. In addition the purchasing
authority conferred in Sec. 25-15-2, above, and in addition to any other
powers and duties m nferred by this ordinance the agent shall:
(a) Act to procure for the city the highest quality in supplies
and contractual services at least expense to the city.
(b) Discourage uniform bidding and endeavor to obtain as full
and open competition as possible on all purchases and sales.
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(c) Establish, and amend when necessary, all rules and regu-
lations authorized by this ordinance and any others necessary
to its operation.
(d) Prescribe and maintain such forms as he shall find reason-
ably necessary to the operation of this ordinance.
(e) Prepare and adopt a standard purchasing nomenclature for using
agencies and suppliers.
(f) Cooperate with the department of finance so as to secure
for the city the maximum efficiency in budgeting and accounting.
(g) Have the authority to declare vendors who default on their
quotations irresponsible bidders and to disqualify them from
receiving any business from the municipality for a stated period
of time.
"Sec. 25-15-4. Requisition and estimates. All city agencies, either
byior with the authorization of the head of the department under which the
using agency operates, shall file with the agent detailed requisitions or
estimates of their requirements in supplies and contractual services in
such manner, at such times, and for such future periods as the agent shall
preiscribe. A using agency shall not be prevented from filing, in the same
manner, with the agent at any time a requisition or estimate for any
supplies and contractual services, the need for which was not foreseen
whelln the detailed estimates were filed. The agent shall examine each
requisition or estimate and shall have the authority to revise it as to
quantity, quality, or estimated cost.
"Sec. 25-15-5. Prohibition of interest. Any purchase order or
contract within the purview of this ordinance in which the agent, or any
officer or employee of the city is financially interested, directly or
indirectly, shall be void, except that before the execution of a purchase
order or contract the 'board of commissioners shall have the authority to
waive compliance with this section when it finds such action to be in
thebest interest of the city.
"Sec. 25-15-6. Competitive bidding. All purchases of, and contracts
ford supplies and contractual services, and all sales of personal property
which has become obsolete and unusable shall, except as specifically
provided herein be based wherever possible on competitive bids.
"Sec. 25-15-7. Formal contract procedure. All supplies and contractual
services, except as otherwise provided herein, when the estimated cost
thereof shall exceed five hundred dollars ($500.00), shall be purchased by
written purchase order or contract from the lowest responsible bidder,
after due notice inviting proposals. All sales of personal property which
has, become obsolete and unusable, when the estimated value shall exceed
five hundred dollars, shall be sold by submission of a written bid with
sale to the highest responsible bidder, after due notice inviting proposals.
Said transaction to be made upon approval of the Board of City Commissioners.
Id.
"Sec. 25-15-8./ Notice by mail or phone. The agent may advertise
allpending purchases or sales by mailing to or solicitation by telephone
of appropriate vendors or purchasers notice of such purchases or sales.
Id.
"Sec. 25-15-9./ Rejection of bids. The agent shall have the authority
to ieject all bids, parts of all bids, or all bids for any one or more
supplies or contractual services included in the proposed contract, when
thelpublic interest will be served thereby.
1
I
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"Sec. 25-15-10. Id. Award of contract. The agent shall have the
authority to award contracts within the purview of this ordinance.
awa "Sec. 25-15-11. Id. Lowest responsible bidder. Contracts shall be
rded to the lowest responsible bidder. In determining lowest respon-
si le bidder, in addition to price, the agent shall consider:
(a) The ability, capacity and skill of the bidder to perform
the contract or provide the service required;
(b) Whether the bidder can perform the contract or provide the
service promptly, or within the time specified, without delay
or interference;
(c) The character, integrity, reputation, judgment, experience
and efficiency of the bidder;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws
and ordinances relating to the contract or service;
(f) The sufficiency of the financial resources and ability of
the bidder to perform the contract or provide the service;
(g) The quality, availability and adaptability of the supplies,
or contractual services to the particular use required;
(h) The ability of the bidder to provide future maintenance and
service for the use of the subject of the contract;
(i) The number and scope of conditions attached to the bid.
"Sec. 25-15-12. Id. Award to other than low bidder. When the award
is pot given to the lowest bidder, a full and complete statement of the
reasons for placing the order elsewhere shall be prepared by the depart-
ment head and sent to the agent and filed with the other papers relating
to the transaction.
"Sec. 25-15-13. Id. Performance bonds. The agent shall have the
authority to require a performance bond, before a contract is entered
into, in such amount as he shall find reasonably necessary to protect
the best interests of the city.
"Sec. 25-15-14. Id. Prohibition against subdivision. No contract
or urchase shall be subdivided to avoid the requirements of sections
25- 5-7 through 25-15-13.
"Sec. 25-15-15. Open market procedure. All purchases of supplies
and contractual services, and all sales of personal property which has
become obsolete and unusable, of less than the estimated value of $500.00
sha 1 be made in the open market, without advertisement and without
obs rving the procedure prescribed above.
(a) All open market purchases shall, wherever possible, be based
on at least three competitive bids, and shall be awarded to the
lowest responsible bidder in accordance with the standards set
forth in Sec. 25-15-11 above.
1
' (b) The agent shall solicit bids by direct mail request to
prospective vendors or by telephone.
1 9
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(c) The agent shall keep a record of all open market orders
and the bids submitted in competition thereon, and such records
shall also be open to public inspection.
"Sec. 25-15-16. Emergency purchases. Emergency purchases may be
made by one of the following procedures (1) In case of an apparent
e ergency which requires immediate purchase of supplies or contractual
s rVices, the commissioner or authorized personnel in charge of the
d partment shall be empowered to authorize the agent to secure by open
miirket procedure, as herein set forth, at the lowest obtainable price,
any supplies or contractual services regardless of the amount of the
expenditure. If required by the agent, a full report of the circumstances
of an emergency purchase shall be filed by the department with the pur-
chasing agent and shall be open to public inspection.
(2) The administrative head of any using agency, in case of actual
emergency and with the consent of the agent, may purchase directly any
supplies whose immediate procurementis essential to prevent any delays
i the work of the using agency which may vitally affect life, health or
c nvenience of the public. The head of such using agency shall send to
t e agent a requisition and a copy of over the counter delivery order and
i required by the agent, a full written report of the circumstances of
t o emergency. The agent shall prescribe by rules and regulations the
p ocedure under which emergency purchases by heads of using agencies may
be made.
"Sec. 25-15-17. Inspection. The agent shall inspect or supervise
the inspection of all deliveries of supplies or contractual services to
determine their conformance with the specifications set forth in the
order or contract. The agent shall have the authority to authorize using
agencies having the staff and facilities for adequate inspection to inspect
all deliveries made tosuch using agencies under rules and regulations which
the agent shall prescribe.
"Sec. 25-15-18. Tests. The agent shall have the authority to require
chemical and physical tests of samples submitted with bids and samples
of deliveries which are necessary to determine their quality and conformance
with the specifications. In the performance of such tests, the agent shall
have the authority to make use of laboratory facilities of any agency or
the city government or of any outside laboratory.
"Sec. 25-15-19. Surplus stock. All using agencies shall submit to
the agent, at such time and in such form as he shall prescribe, reports
showing stocks of all supplies which are no longer used or which have
become obsolete, worn out or scrapped.
"Sec. 25-15-20. Id. Transfer of stock. The agent shall have the
authority to transfer surplus stock to other using agencies.
"Sec. 25-15-21. Id. Sale of stock. The agent shall have the
au hority to sell all supplies which have become unsuitable for public
us , or to exchange the same for, or trade in the same on new supplies.
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25-15-7 through 25-15-15, inclusive, whichever is applicable.
"Sec. 25-1.5-22. Cooperative purchasing. The agent shall have the
a thority to join with other units of government in cooperative purchasing
p ans when the best interests of the city would be served thereby.
1� "Sec. 25-15-23. Separability. In the event that any section,
subsection or any portion of this ordinance shall be declared by any com-
petent court to be invalid for any reason, such decision shall not be
dllemed to affect the validity of any other section, subsection or other
p rtion of this ordinance."
SECTION 2. In the opinion of the Board of Commissioners of Salt Lake
City it is necessary to the peace, health and welfare of the inhabitants
o Salt Lake City that this ordinance shall become effective immediately.
SECTION 3. This ordinance shall take effect upon its first publication.
Passed by the Board of Commissioners of Salt Lake City, Utah, this
27th day of February 1968.
,
7 / MAYOR
A\krtedh
: L) ti\I\Mtki
(S
BI .L NO. 19 of 1968
Published March 1, 1968
19
ADM.3pA
•
•
• Affidavit of Publication
•
STATE OF UTAH, 1 as.
ounty of Salt Lake Jr
D M Ock,ey
AN.. ORNINAIR -- a...�*_ -- -----
CC After 15.Title 25 M the Revised
Wdinadces f Salt Lake City,Uo h
1165.PeeordaiI'Y to City PBoardi,o
P nr. Being first duly sworn,deposes and says that he is legal a ver-
eo is avers tl byy the Board of
iF C lmml�ioners of Sall Lake CIIY,uan tiling clerk of the DESERET NEWS, a daily (except Sunday)
SE CTION 1. Thai C„after 15
oo,S L r me Raviaetl a,pore ho newspaper printed in the English language with general err-
,-, sat Loge[ilY.L 15A`.,t rlaim
io'a a lit
vorclms�nP nec�i, b.
v WI ma name nereby la,amended f culntiorr in Utah, and published in Salt Lake City, Salt Lake
d as follows:
sP. tsasi). cry ho"'`. 4 County,in the State of Utah.
Tna i y n.�inn P I
IT' aser", . io. IbeVn1
loo I be Ise he,a,ana haoP ile nary
rn ni�'inc°`tiF'°n''!1"';o� °,.�i That the legal notice of which a copy is attached hereto
a roes r air d i n denanmthe
o�aA tot low.and anon have the
j s nd ddnoa Pr ITri'etl by mh Salt Lake City Di11 No 1.9 of 1968
�� �a"inanro.a*cePr„norom rov�a. ._
1 s„all be lawlal for env cilY ----
65 of Ice" olfleors io orde ]nc nfy
Ora v 3,n Pr ake a Ordi ranee " pertaining to City Pu chasing
vy:io atiaa°win,in he .rvmw I in�s "An f�
finance o1 ircn inrounh 1'neanv
11f Pdrfinent rdo aryas C0P4. a tl v
CC) `)';',,I-'el-7
hale orderrdr r tract ade
.yr sh011 of o the ed°b'yilhe hereof Pk gent.
.p ildie'1 t'be
atheoc'ty bshalla n If oe
'jf Sec.a-Is-.Scope of cha9n9
:Cr
u orilantlT Ii snalll be„ohi duly to
^;auoreArt nr�co tract cor ail' Ile; -- —-
o d tdfloal' s e tleatf by
5 ,�Y VntrtmoncrwYhich derives is
,n
—`iy.in acco'rtlrnce Av/rtrippliro ids
d e .,. Ib to,this r
dynce
md d n II adopt r wi Mar oh �� 1968
of the deonrlmCnt pi nl'cnai'i�q and
I
,her r nd was published in said newspaper on
ao he Prn.Al.�by fine avr%of
Iselnners,
+'doI '15,18-.4 .other powers and
!1eios In addig.. Ice o,i"cgdnn
�be'la.iin addition toe o ofll,and dolls'r rretln by this
reocn 1he t sonallj net >r.amairIhr c'vthef��fr f servi aAna Pllao en e° ����crgg.foal services s i ePasi ex se io
• e l9);tO robt i nlas't hiddlnf Oen
iots'
ro obtain'a 'toll aaa
e�; Passlela n at a�� ----_.________ � Legal Advertising Clerk
n g hl�sP Esinblsslier�nd amend wnnn e
I e r II les nd repuaalion6
�a�t`hilzea ba i�d is o ninanca�a a a
Tothers es rY fo i's4 lion. v
((I) Prescribe antl I ain}iin suehl
•
Subscribed and sworn to before me this
let day of
April. A.D. 19 68
• Notary Public
My Commission Expires
Nov 25 1969 •
19
•
----- (..-; All market rred on
'shah,1 possible,be based o
Legal Notices• tees, �'I far maailfnteerr. ¢true bids,and
sh II b. dn11 a the lowest r-
55 norms
1 theoperationfInd of Soh bly t5 Istandards g'bidder yet forth Anne with
pint$ e.
I lb)Thet shah 01c'bids by
�1)P p d d tstandard 'direct 'I request to prospective
¢ /rc�h1 1 'nil ' by 1 p
r•�,I)ntl DrWi_ t tl I t,f i lot I1ITM1 tsl Il k d
qq open flndn b a 1 1 th eh, bidsubmitted'marketorderstit there.
V, Injtgli11 is Inb_C9 1n9 fd r suchrecords1 shah be
191'Haveff theauthority todeclare
vendors who default their o'ota es.SEmergency.E rchases Pi U'nu matt ee
ions res nsible bidders and 10 trade by e f the following recce"
disqualify them from receiving any
idares Ill one
case of ananpreent
C orotoy ssIrom the,memunicipality for emergency ssione di•pp/9
aced period f a d tl• toe purchase fore n I". erne r
ofIwl fh 1h I15 department
authorization 1„which she
t1 d pe t charge ci the
department h be empowered to
a` shad fit with
authorize theP smut t by
'using
gent detailed rot requisitions - tot f, ore at toe low as{ 00traoeble
tIV pies on IIelr r q ire ills t pp
t s a Ilesra d contractual services id ice, any
supplies
of fhe`on untuof
• such inner,at ch.times,-anod for t services
expenditure. If required by the
such manner,
periods the t tent,a full report of uIhe
shoal� ten A intl a y shanll tances of I -
n�oUCp'p entea Irom ith a fig,m Ina ,pan be flea acvt`r�e'aeeo°atr`meni
''Irmo' mrenuisition or aI mite any
with the purchasing agent d shall
o a e be open to publicinspection,
ny sfhpliesee amen`contractual
was snot (2)The adminisraie hed of any
•vices.
foreseen when the detailed estimates using
rroevcvp agency, in
wnrrh the cf actual
i were
filed,
The agent shall ate¢toed the pent, m purchase directly
•
each
lh iM1 'ta 1 to '1 an flies' whose
to prevent ro
9 1 t- llty, estimatedicurern any
ns
u.sl age whays in iche work Y vitally f 1(o Ie?lit
'S 2S155 Prohibition of Inter.
C.
est ! n. dcontract_n .heal 1 the bl c.
• within n - f this ca I stand he 1 tl„1 agent aagencyt heal
which thedgeh,S Y fl of te 1 delivery
enlace.' f I financial'', cony
and'f d bythe rY
t.
1 Mall b Ir°;extey h f b e re tlhli a t 11circum-
stancesc union o oTc hose order or I the emergency.orthe
agent
oars act flee bcartl 1 commissioners hall prescribe b rules d erUla-
• shall have the ,ihorly o vary dons the roc dune under which
nor
wllh this on;en, hen It emergency purchaases mya heads of
rard.o 'urn Ihnn to ba th,e bast us I'Sec.ge agencies
d 1.y abnsnacide. The
• nit Slet -)of S-6.�orrmetllyvo blddln9, I fnspvincttanl I iospcall r delPtfoas the
All a chases of, d c n}rro's for su es or contractual services to
of
• otter actor c ntrdc Dal dooming their conformance with
a•
nd
hall�asolos
e ascoof peersonal pro
perty the spccaitations s 1 forth in he
which
shall, n t t ;s see i d un- order or contract. The gent shall
• P have te authority to authorize using
ovided herein be based wherever s having the staff and radii•
• s•ible on tide¢bids. fsencltor adequate inspection to
ot"ho,, 5-15S`upForm. onlnacl r insect all eliveries t ade to such
<etl on p.All s+pPllesotledfwlsetraclual using agencies under rules M root,
c pt as rove lafliobes hich the age t shall •
• services,
herein,Y Chen the estimated cost `r'Sec. 25-i5-16. Tests The aUent
thereof halt- a five hundred dot-
' tars(S5000.00),shall be parchosad by shall have the authority to r
• ripen purchase order to Contract Chemical d physical tests require
from he'lowest responsible bidder, samples and
with bids and
after the
once inviting proposals. samples of deliveries which are ne,
ll sales of personal property which 'samples
to determine their quality
has become obsolete and usable and conformance with the specific.
ly sndroled lua hell :bons. In the peormance of such
etln�otl rue hundre0 tldllars,shall be tests, Me agent shall have Ilhe
by submission aloe written bid authority to make.use of laboratory
biitr s e to he holiest r patslble love ales of a agency orthe city
dder,'after doe notice Inviting p • rove Tent or r of any outsie labor.
>osals. aid transaction to be tla .tore.¢•
1 the Board of City25 t5-I4. Surplus sloe c, All
ICommfslonners. usin -'a,enciCs shall snbd t 14
"Soc.T5o15-8.Id,Notice by mail eat, ,f such time and In su h
phone.The anent Y advertise or
form,as he Shah oI0crlbe, r ports
o I ha s or sales C by telephone hew f all'supplies h
longer
• ape 1 o h rs b co obsolete,
out
h or
• not h u h as,'
'S 11sh Id R I' (ores, - 'Sp d2515 ROt I T far of
• to 4 Hall h theauthority j rock Th she 11 r the d
or 11 Cdl'tor
any one or t of II ore }ithr Icr rock to •
• uoplies r contractual me Sec, 254M21 7lld. Sale of hock.
included in the proposed contrranr, The agent shall have the authority
when the public interest will be to sell all supplies hick use,
be•
xr d thereby, co unsuitable for public ,or t0
"Sac, 2b 15-1s0, Id. Awardof can- change the sr a for,or trrade
tract.The aq t shall have he - the s on new supplies. 25.15.1
I lholywto award contracts within the through 15-I-15,Inclusive,whichever
ur (fMs inace, s applicable.
0"Se< 25:15 r ld,Lovresf e0 0010- 'Sec. 25.15-22. Cooperative per-
ble bidder.Cnniracis shall be award- chasing, The gent shall have the
I.d to the lowest responsible bidder, authority to loin with her units of
n determining esi responsible government in operative ur haes-
bldder, in addition to price, the q plans when the best Interests f
1 hall consider: :the i y v u d bC set 1h,In ne
l lot The ability,capacity and skill 'Sec.25'.1i23,SODara Dill,v. In the
of ire Didder o neform ire c niraci event that any section,subsection
or .de Igo'the
gmrca; any portion f this aoetece shall
• Iblr°Vihelher the bidder c per. ':be declarer,by any cn potent court
i form the contract or provide the set- Ito he invalid for any rear uh
Ivpecpromptly, r within the lime decision shall not e deemed Ito af-
elf , without dlay,or Interfer- !feet the validity of any other section,
nl`o,The character,Integrity,repo• subsection then portion et this
Ilan., tl 1 and SECTION 1. In the opinion of the
'efficiency ofthe biddom P n, f Commissioners ei t Sal?
(d)TheI r f I of
a health and lit f the in
• previous T contracts d the cam- • -habitants I Sall LakeCity that this
com-
pliance by theoe previous and
with laws d din. h bourn effective
nano s relating fo Inc contract m diately,
SECTION 3,This ordinance shall
ii
•
vce; I take effocl as its first publication,
oIrII
oT oS spfllclency of the financial Pa rite bY.'tie Rpartl f Commis-
. ,,tier sand a`Clnty of the bidder f Salt Lake CIIv,Vtah,lhls perform tiro tract provide
221hvtloY of February,196B.
the service;
• (a) The qualify, availability rid d,BRACKEN LEE
oa i uuaclual ilse services
the tsupplies,particular HCRMA N'J.HOG ENSEN Ma von
Ilse'Ices the City Recorder
r future
BILL NO,19 of 19a6
Ire 1uhure of the of end bidder to Vic- (5 E A eJ
ei
Vide
the use of the subiect to the con- Published March tine {6.50
Iraci;
• tlons edict Cher,to the
b ,scope of eandl•
''Sot.o5-15e12.Id,Award to other
Ifhan low bictlor.When ire a and
n le its lowest bidder,r,a full
end gl complete statement of the ire
or plae,ne the der elsewhere
ea-
Ma by preparetl bV pine^ecparintent
'I lt'i4 tlledclher to tersprelatlnq dent,¢
Iraaioorr pn Pa
Sac. $-15.pen Id l) have
roe
authority The
r hall have the
ce
Pond, before a contract is pemered
Into.C1bstychne unfyat horsleelf rod
• bcs+olntere1s5ts of the city.
cl Sec. s 5.1511on.Id. Prohibition
t hase s d'I'l' bo utoivmed_TO
20 ed the requirements t sections
25�5-J through 29'15-13.
'Sec,25.15'15.Open market proce-
dure'contr;A,C'aP°bchases of e pplles and
personal
properly
unusable,pt loos h has ¢ore
ssthan
Il lc msreminhr0evapeµ rkeobserving
,wlth5ut
I rorweiisnnrrt,`mite e.ilhaut bsery ing
/9