Sponsor
Aldermen McCarthy and Helding
Title
Ordinance No. 11-10
To amend Sec. 46-28 of the Municipal Code of the City of Racine, Wisconsin relating to Purchases over $25,000; advertising for bids, and to create Sec. 46-39 of the Municipal Code of the City of Racine, Wisconsin relating to Procurement of Professional Services.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Sec. 46-28 of the Municipal Code of the City of Racine is hereby amended by deleting in the first sentence ", excepting" and replacing with "other than"; by deleting in the second sentence the word "for." and by adding the following sentence at the end of the paragraph: "Participation in a bidding process for the same or similar items in association with other governmental units fulfills the bidding requirement."
Sec. 46-28. Purchases over $25,000.00; advertising for bids.
(a) Bids shall be required for every purchase of materials, supplies, equipment or contractual services other than professional services, the estimated cost of which exceeds $25,000.00. Bids shall be advertised in the manner provided in Wis. Stats. § 62.15, except that the notice shall be published not less than twice and bids shall be received not less than ten days after first publication. Participation in a bidding process for the same or similar items in association with other governmental units fulfills the bidding requirement.
Advertisement for bids shall not be required for any purchase, the estimated cost of which does not exceed $25,000.00, but in such case the purchasing agent shall secure and record at least three informal bids, if practicable.
If the estimated cost of public construction exceeds $5,000.00 but is not greater than $25,000.00, the purchasing agent shall publish one notice of the proposed construction before a contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers.
The common council may, by resolution, dispense with the requirement of advertising for bids in any particular case.
(b) A summary of the bids received for each item listing the name of each bidder and a copy of his bid shall be submitted to the appropriate committee of the common council for its recommendation to the common council. The adoption of the committee report by the common council shall constitute the final action of the council upon the bids and shall authorize the purchasing agent to issue a purchase order, countersigned by the finance director as to availability of funds, for the purchase of the items on which such bids were received.
Part 2:
Sec. 46-39 of the Municipal Code of the City of Racine is hereby created to read as follows:
"Sec.46-39. Procurement of Professional Services.
The City may contract for the procurement of professional services.
(a) Definition. For the purposes of this section, "professional services" means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation, and result in the production of a report or the completion of a task.
Such services include, but are not restricted to, services of the type required or permitted to be furnished by a professional under a license, registration or certificate issued by the State of Wisconsin to practice architecture, engineering, surveying, landscape architecture, geoscience, certified interior design, medicine and surgery, chiropractic, optometry, psychology, dentistry, dental hygiene, accountancy or law, or under a license or certificate issued by another state under similar laws.
(b) Council approval. Except as otherwise directed by the Common Council, contracts for the purchase of professional services may be entered into without Council resolution when all of the following conditions are met:
1. The funds for the services are included in the approved City budget.
2. The City has engaged in a competitive selection process for professional services (or in the case of the Water and Wastewater utilities, secs. 62.15 and Chapter 200, Wis. Stats., and secs. 46-36 and 46-38 of the Code of Ordinances) or the contract is exempt from such a requirement pursuant to sub. (c) of this ordinance.
3. The contract complies with other laws, resolutions and ordinances.
4. The contract is for a period of one year or less, or the contract is for a period of more than one year but not more than three years and the cost of the professional services does not average more than $50,000 per year of the contract, provided that this subparagraph is subject to sub. (c) 2. of this ordinance for non-competitive contracts.
(c) Exceptions to Selection Process. The City may enter into negotiated contracts for professional services without a competitive selection process for the procurement of professional services if the following are met:
1. One or more of the following criteria are present as found by the Purchasing Agent or appropriate Department Head:
a. Public exigency will not permit the delay incident to advertising or other competitive processes;
b. The service required is available from only one person or firm;
c. The services are for professional services to be provided by attorneys who charge on an hourly basis or who are approved by CVMIC or the City's liability insurance carriers. In all other matters, where the aggregate legal fees exceed $50,000, the City Attorney shall notify the Common Council of the status and seek approval for further expenditures.
d. No acceptable bids have been received after formal advertising;
e. Service fees are established by law or professional code;
f. A particular consultant has provided services to the City on a similar or continuing project in the recent past, and it would be economical to the City on the basis of time and money to retain the same consultant;
g. The contract is for $25,000 or less; or
h. Otherwise authorized by law, rule, resolution, or regulation.
2. In the case of sole source, public exigency or previous provider exemptions, the department head or purchasing agent shall fill out the City's approved form for such and file it with the finance director and city administrator.
If the aggregate amount of the fee for services will exceed twenty-five thousand dollars ($25,000) and the contract was not subject to a competitive selection process, the contract shall meet one of the requirements of sub. (c) 1. and be approved by the Common Council by resolution."
Part 3:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council:
__________________________
Approved: ______________
__________________________
Mayor
Attest:
__________________________
City Clerk
Fiscal Note: N/A