HomeMy WebLinkAbout1055_Amending Section 7-104_Competitive Bidding�k�gxoMp
Tulsa County Cferk -PAT KEY
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,O, OKLAHOMA
ORDINANCE 1055
AN ORDINANCE RELATING TO PART SEVEN, FINANCE AND TAXATION, CHAPTER ONE,
FINANCE AND BUDGET ADMINISTRATION, SECTION 7 -104, COMPETITIVE BIDDING, OF
THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME
BY REPEALING SUBSECTION (E) ESTABLISHING BID PROCESS FOR PUBLIC IMPROVEMENTS
BETWEEN $2,000 AND $25,000.
THIS ORDINANCE AMENDS PART 7, CHAPTER 1, SECTION 7 -104, OF THE CITY OF OWASSO CODE OF
ORDINANCES BY REPEALING SECTION 7- 104(E).
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): Part Seven, Finance and Taxation , Chapter 1, Finance and Budget
Administration, Section 7 -104, Competitive Bidding, of the Code of Ordinances of the City of
Owasso, Oklahoma, shall be amended by repealing subsection (E) and codifying the remainder of
section 7 -104 as follows:
SECTION TWO (2):
SECTION 7 -104 COMPETITIVE BIDDING
A. The City shall adhere to the provisions of Oklahoma Statues (1991), Title 61, Sections 101 et
seq. when determining when competitive bidding is required and the manner in which competitive
bids are obtained.
B. If the City Charter provides for additional competitive bidding requirements, such
additional requirements shall be met.
C. In addition to the requirements of (A) above, public trusts created pursuant to O.S. Title
60, Section 176, of which the City is beneficiary, shall also follow the competitive bidding provisions
of Section 176(g) of Title 60.
D. The City is authorized to employ, implement and utilize auction electronic bidding in
accordance with the provisions of 11 O.S. § 17 -115. The Administration of the City is hereby
authorized to promulgate policies and procedures for implementation of the auction electronic
bidding as authorized by state law to the fullest extent thereof.
E. Before any purchase, or contract for, supplies, materials, equipment or contractual
services are made, as otherwise provided below, including lease contracts with options to purchase,
the City purchasing authority shall give written notice for sealed bids to at least three (3) persons,
firms or corporations dealing in and able to supply the same, a request for quotation, or invitation to
bid, and specifications, to give the opportunity to bid; or publish notice of the proposed purchase in
a newspaper of general circulation within the city. He shall favor a person, firm or corporation in the
city when this can be done without additional cost to the City; but he shall submit requests for
quotation to those outside the city when this may be necessary to secure bids or to create
competitive conditions, or when he thinks that by so doing he can make a saving for the city and
shall purchase from them when he can make a saving for the city. All bids shall be sealed and shall
be opened in public at a designated time and place. He may repeatedly reject all bids, and again
may submit to the some or other persons, firms or corporations the request for quotation, or incitation
to bid, or again publish notice of the proposed purchase. He may purchase only from the bidder
whose bid is most advantageous to the City, considering price, quality, date of delivery and so on,
and in case of a tie, may purchase from on of those tying, or may divide the purchase among those
tying, always accepting the bid or bids most advantageous to the City. (Ord No. 819, 07/50/2005;
Ord. No. 842 02/21/2006)
SECTION THREE (3): Repealer
All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of
the conflict only.
SECTION FOUR (4): Declaring an Effective Date
The provisions of this ordinance shall become effective thirty (30) days from the date of final passage
as provided by state law.
SECTION FIVE (5): Severability
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be
affected but remain in full force and effect.
SECTION SIX (6): Codification
The City of Owasso Code of Ordinances is hereby amended by repealing Section 7- 104(E) with the
remaining provisions in 7 -104 renumbered as appropriate.
PASSED by the City Council of the City of Owasso, Oklahoma on the;.bKday of June, 2015.
(SEAL)
APPROVED as to form:
/ Lawba4ofj
Jul' Lombardi, City Attorney
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PUBLISHER'S AFFIDAVIT
ORD NO. 1055
PUBLICATION DATE(S)
07/01/15
CASE NUMBER: ORD NO. 1055
AD NO: 00198893
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa I SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a weekly newspaper
of general circulation in Tulsa, Oklahoma, a newspaper quali-
fied to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
n
Repillekentative Signature
Subscribed to and sworn to me this 2nd day of July, 2015.
Notary Public / /�42", &WO III ral,
c
Nancy Carol Moore
My commission number: 06011684
My commission expires: December 8, 2018
Customer #: 00000779
Customer: CITY OF OWASSO
NOTARY PUBLIC -STATE OF OELAHO1MA
Publisher's Fee: 149.80 NANCY COMMISSION # MOORE
coMnl. axr. COMMISSION a 46411684
12 -OB -2018
TULSA COUNTY
198893
Published! in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, July 1, 2015.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1055
AN ORDINANCE RELATING TO PART SEVEN, FINANCE AND TAXATION,
CHAPTER ONE, FINANCE AND BUDGET ADMINISTRATION, SECTION 7-
104, COMPETITIVE BIDDING, OF THE CODE OF ORDINANCES OF THE
CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY REPEALING SUB-
SECTION (E) ESTABLISHING BID PROCESS FOR PUBLIC IMPROVEMENTS
BETWEEN $2,000 AND $25,060.
THIS ORDINANCE AMENDS PART 7, CHAPTER 1, SECTION 7 -1 Da, OF THE CITY
OF OWASSO CODE OF ORDINANCES BY REPEALING SECTION 7.101
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT,TO -WIT:
SECTION ONE (1): Part Seven, Finance and Taxation , Chapter 1, Finance and
Budget Administration, Section 7404, Competitive Bidding, of the Code of
Ordinances of the City of Owasso. Oklahoma, shall be amended by repealing sub-
section (E) and cod ing the remainder of section 7 -104 as tolli
SECTION TWO (2)
SECTION 7.104 COMPETITIVE BIDDIN
A. The City shall adhere to Me provisions of Oklahoma Stables (1991), Title 61,
Sections 101 at seq. when determining when competitive bidding Is required and the
manner in which competitive bids are obtained
B. If Me City Charter provides for additional competitive bidding requirements,
such additional requirements shall be met.
C. In addition to Me requirements of (A) above, public trusts created pursuant to
O.S. T41e 66, Section 176, at which the City is beneficiary, shell also follow the com.
petitive bidding provisions of Section 176(8) of This 60.
D. The City is authorized to employ. implement and utilize auction electronic bid -
ding in accordance with the provisions .1 11 OS, 17 -115. The Administration of the
City is hereby authorized to promulgate policies antl procedures for implementation
of the auction electronic bidding as authorized by state law to the fullest extent there-
of,
E. Before any purchase, or contract for, supplies, materials, equipment or contrac.
tual services are made, as otherwise provided below, Including lease contracts with
options to purchase, the City purchasing authority shall give written notice for sealed
bids to at least three (3) persons, firms or corporations dealing in and able to supply
the same, a request for quotation, or Invitation to bid, and specifications, to give the
opportunity to bid; or publish notice of the proposed purchase in a newspaper of gen-
eral adulation within the city. He shall favor a person, firm or corporation in the city
when this can be time without additional cost to the City; but he shall submit requests
for quotation to those outside the city when this may be necessary to secure bids or
to create competitive conditions, or when he thinks Mat by so doing he can make a
saving for the city and shall purchase from them when he can make a saving for the
city. All bids shall be sealed and shall be opened in public at a designated time and
Platte, He may repeatedly rated all bids, and again may submit to the same or oher
persons, firms or ccocrtarons the request for quotation, or invitation to bid or again
publish notice of the proposed purchase. He may purchase only from the bidder
whose bid is most advantageous to the City, considering price, quality, date of deliv-
ery and so on, and In case of a tle, may purchase from on of those tying, or may
divide the purchase among those tying, always accepting the bid or bids most adven-
tageous to the City, (Ord No. B19, 07/50/2005; Ord. No. S42 02/21/2905)
SECTION THREE (3): Repealer
All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to
the extent of the conflid only.
SECTION FOUR (4): Declaring an Effective Date
The provisions of this ordinance shall become effective thirty (30) days from the date
of final passage as provided by state law.
SECTION FIVE (5): SeverabllRy
ff any pan or pans of this ordinance are held invalid or Ineffective, the remaining por-
tion shall not be affected but remain in full force and effect.
SECTION SIX (6): CodDleatlon
The City of Owasso Code of Ordinances Is hereby amended by repealing Section 7-
104(E) with the remaining provisions in 7.104 renumbered as appropriate.
PASSED by the City Council of the City of Owesso Oklahoma on the 16th day ot
June, 2015.
/s/ Jeri Moberly, Mayor
ATTEST: /a/ Sherry Bishop, City Clerk
APPROVED as to form: /s/ Julie Lombardi, City Attorney
FROM: Sherry Bishop
Assistant City Manager
SUBJECT: Ordinance 1055 - Amending Code of Ordinances Section 7 -104,
Competitive Bidding
DATE: June 12, 2015
BACKGROUND:
The Owasso Code of Ordinances authorizes, restricts and defines requirements for bidding and
purchasing as provided for by the city charter.
On March 3, 2015, Owasso citizens voted to approve several Charter amendments. Among the
changes was the removal of language that required competitive bidding for a contract for
public improvements of more than $2,000 and replaced it with language that requires
compliance with the Oklahoma Public Competitive Bidding Act of 1974 which requires sealed
bids on public improvements projects of more than $50,000.
The expectation was to repeal the section of code specific to public improvements between
$2,000 and $25,000 if the Charter change was approved by voters.
BIDDING REQUIREMENTS:
The Owasso Code of Ordinances, Section 7 -104 defines the process for competitive bidding.
Section 7 -105 defines when competitive bidding is not required. (See attachment.)
Currently, a verbal quote bid process is defined for public improvement contracts between
$2,000 and $25,000. For all other types of purchases of more than $25,000, the code defines a
sealed bid process.
If the Code was amended to remove language requiring bids for public improvements between
$2,000 and $25,000, those contracts would be authorized through the normal purchasing
processes.
As is currently required, public improvement contracts between $25,000 and $50,000 would be
bid as defined in Section 7 -104 (F) of the Code. Public improvement contracts for more than
$50,000 would be bid as defined in the Oklahoma Public Competitive Bidding Act.
RECOMMENDATION
Staff recommends approval of Ordinance 1055, amending Part 7, Chapter 1, Section 7 -104, by
repealing subsection (E) which established a bid process for contracts for public improvements
between $2,000 and $25,000.
ATTACHMENT:
Ordinance 1055