§ 2-182. Procedures for purchase of supplies, services.

(a)

In exercising his authority as set forth in section 2-181, the city administrator, or designated representative, shall conform to the procedures in this section.

(b)

following procedures shall apply to purchases of or contracts for any supplies, materials or equipment for the various offices, departments and agencies of city government (purchases) or for the construction of municipal improvements (contracts):

(1)

All purchases or contracts where the expenditure therefor is less than one thousand dollars ($1,000.00) may be made by the city administrator, or designated representative, without securing oral or written competitive quotes.

(2)

All purchases or contracts where the expenditure is one thousand dollars ($1,000.00) or more, but less than seven thousand five hundred dollars ($7,500.00) may be made by the city administrator, or designated representative, after securing oral competitive quotes therefor.

(3)

All purchases where the expenditure therefor is seven thousand five hundred dollars ($7,500.00) or more, but less than seventy-five thousand dollars ($75,000.00) may be made by the city administrator, or designated representative, after the securing of three (3) or more written competitive quotes, if possible. Said written quotes must be submitted via the city's vendor self service system. If three (3) written competitive quotes are not obtained, the purchase request form must show the names of at least three (3) suppliers contacted in attempting to obtain competition or note the reason three (3) suppliers were not contacted.

(4)

All purchases where the expenditure is seventy-five thousand dollars ($75,000.00) or more may be made after the securing of competitive written bids and with the approval of the bid by the city administrator and board of directors. Said written bids must be submitted via the city's vendor self service system.

(5)

All contracts where the expenditure therefor is seven thousand five hundred dollars ($7,500.00) but less than thirty-five thousand dollars ($35,000.00) may be made by the city administrator, or his designated representative, after the securing of three (3) or more written bids. Said written bids must be submitted via the city's vendor self service system. If three (3) written bids are not obtained, the purchase request form must show the names of at least three (3) firms contacted in attempting to obtain competition or note the reason three (3) firms were not contacted.

(6)

All contracts where the expenditure is thirty-five thousand dollars ($35,000.00) or more may be made with the approval of the board of directors after securing of competitive bids. Said bids must be submitted via the city's vendor self service system.

(c)

The following procedures shall apply to all contracts for services, other than those expressly provided for in subsection (d) of this section, to be rendered to the city:

(1)

Utilizing budgeted funds, the city administrator is authorized to enter into any such contract for services where the expenditure therefor is not more than seventy-five thousand dollars ($75,000.00) after soliciting and reviewing written proposals from interested and qualified providers of such services. Such written proposals shall include a statement of the scope of services to be provided, qualifications of the providers of the services, fees and charges, and any other information the city administrator may require.

(2)

Utilizing budgeted funds, the city administrator is authorized to enter into any such contract for services where the expenditure is seventy-five thousand dollars ($75,000.00) or more but less than three hundred thousand dollars ($300,000.00) after soliciting and reviewing written proposals from interested and qualified providers of such services. Such written proposal shall include a statement of the scope of services to be provided, qualifications of the providers of the services, fees and charges, and any other information the city administrator may require. With reference to those contracts described in this subsection, before execution of any such contract for services on behalf of the city, the city administrator shall notify the board of directors in writing of the execution of the contract for services, the designation of the budgeted fund from which such contract for services will be paid and the date on which execution of the contract will be made.

(3)

The city administrator is authorized to secure competitive bids for any such contract for services where the expenditure is three hundred thousand dollars ($300,000.00) or more. Such written bids shall include a statement of the scope of services to be provided, qualifications of the providers of the services, fees and charges, and any other information the city administrator may require. The selected bid shall require approval of the city administrator and the board of directors.

(d)

In keeping with the A.C.A. title 19, chapter 11, subchapter 8 (section 19-11-801 et seq.), it is determined to be the policy of the city that the city shall authorize contracts for external accounting; legal; financial advisory; architectural; consulting; engineering; construction management; land surveying; title search and insurance services; graphic design; advertising and video production services; software and website development services; land acquisition and appraisal services; and aquatic park management and marketing services to be provided to the city on a negotiated basis, and the city shall negotiate contracts for any other professional services when directed by state law.

The following procedure shall apply to the procurement of such contracts:

(1)

The term "city administrator" shall refer to the city administrator or the administrator's designated agent. The term "firm" shall refer to any professional person or a firm of professionals.

(2)

Such contracts shall be negotiated based on demonstrated competence and qualifications and at fair and reasonable prices.

(3)

Utilizing budgeted funds, all contracts providing for total compensation for services and expenses to be supplied to the city of seventy-five thousand dollars ($75,000.00) or less shall be entered into by the city administrator. All contracts for services in excess of seventy-five thousand dollars ($75,000.00) shall be authorized by the board of directors.

(4)

The city administrator shall cause to be published in a newspaper having general circulation in the city a notice indicating that the city will receive, for a 15-day period including the date of notice, statements of qualifications and performance data from all firms who provide professional services such as lawyers, architects, engineers or land surveyors or other professional services designated in the notice. Submitted statements of qualifications and performance data shall be utilized in the procurement process for service contracts. On or before the fifteenth day of September of each calendar year, a notice shall be so published indicating that such professionals may submit statements of qualifications and performance data by the fifteenth day of November of the year of publication, which submitted information will be used in the procurement of service contracts by the city during the one-year period commencing with the first calendar day of the year following the year of publication. At any time the city enters into the procurement of any contract for such professional services, all then current statements of qualification and performance data on file with the city and all additional statements of qualification and performance data obtained by or submitted to the city, whether as a result of a published notice or otherwise, shall be evaluated as a part of the contract procurement process.

(5)

From the available statements of qualifications and performance data, the city shall select three (3) qualified firms for consideration with reference to the anticipated issuance of a contract for services. From the three (3) qualified firms, there shall be selected the firm considered the best qualified and capable of performing the desired work. Both in the selection of the three (3) qualified firms and in the selection of the firm considered the best qualified and capable, consideration shall be given to the following factors:

a.

The specialized experience and technical competence of the firm with respect to the type of professional services required.

b.

The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project.

c.

The past record of performance of the firm with respect to such factors as control of costs, quality of work and ability to meet schedules and deadlines.

d.

The firm's proximity to and familiarity with the area in which the project is located.

(6)

After the selection of the firm most qualified and capable of performing the desired work, the city administrator shall, jointly with the selected firm, prepare a detailed, written description of the scope of proposed services. Such written description shall be used as the basis for the negotiation of the contract for services. The city administrator shall then enter into negotiations with the selected firm. If the administrator is unable to negotiate a satisfactory contract with such firm, the unsuccessful negotiations shall be terminated and negotiations shall commence with another of the selected qualified firms. If negotiations are again unsuccessful, negotiations shall be conducted with the third qualified firm. If the administrator is unable to negotiate a contract with any of the selected firms, the city administrator shall reevaluate the necessary professional services, including the scope and reasonable fee requirements anticipated by the contract, and, after completing that process, proceed in accordance with the provisions of this division.

(7)

If at the time of commencement of procurement of a professional services contract there is available from all sources less than three (3) statements of qualifications and performance data, the procedures outlined above shall take place with reference to the then available statements of qualifications and performance data.

(Code 1976, § 2-141; Ord. No. 65-89, §§ 1, 2, 8-1-89; Ord. No. 89-90, § 3, 12-18-90; Ord. No. 59-97, §§ 1—3, 10-21-97; Ord. No. 64-98, §§ 1—3, 9-1-98; Ord. No. 36-01, §§ 2—4, 6-19-01; Ord. No. 65-04, §§ 1, 2, 10-19-04; Ord. No. 92-05, 12-6-05; Ord. No. 97-05, 12-20-05; Ord. No. 71-06, 8-1-06; Ord. No. 93-12, § 2, 12-4-12; Ord. No. 4-13, 1-15-13; Ord. No. 26-14, 5-6-14; Ord. NO. 70-17, § 1, 12-5-17)

State law reference

Board to establish maximum amount for which administrator may contract without bids, A.C.A. § 14-48-117(5)(A)(i).