ORD#12,225

ORDINANCE

 

STATE OF LOUISIANA

 

CITY OF MONROE                                                                        NO.  12,225               

 

            The following Ordinance was introduced by Ms.  Dawson               who moved for its adoption and was seconded by Mr.  Harvey            :

 

AN ORDINANCE ESTABLISHING PURCHASING AND BIDDING PROCEDURES FOR THE CITY OF MONROE AND FURTHER PROVIDING WITH RESPECT THERETO.

 

WHEREAS, Resolution No. 8529, dated June 13, 2023, established Purchasing and Bidding Procedures for the City of Monroe and repealed the “outdated and more onerous” provisions previously imposed under Resolution No. 4506, dated February 10, 2004;

WHEREAS, the Monroe City Council now desires to implement these Purchasing and Bidding Procedures for the City of Monroe by Ordinance, which declares the Monroe City Council’s policy regarding the purchase of materials and supplies and the letting of public contracts for “public work” projects and has the effect of legislation;

WHEREAS, the City of Monroe is subject to the provisions of the Louisiana Public Bid Law, La. R.S. 38:2211, et. seq., which governs the letting of public contracts for “public work” projects and the purchases of materials and supplies;

WHEREAS, La. R.S. 38:2212  sets forth the general requirements for the letting of contracts for public work projects, including:

  1. Establishing the procedures for advertising, letting, and awarding a public work project;

 

  1. Setting the “contract limit” for public work projects at two hundred fifty thousand dollars ($250,000.00) per project, including labor, materials, and equipment; and

 

  1. Exempting public work projects that are valued below the contract limit from the provisions of the Louisiana Public Bid Law;

WHEREAS, under La. R.S. 38:2212, beginning February 1, 2025, and annually on the February first of each subsequent year, the public work “contract limit” shall be adjusted by the Louisiana Office of Facility Planning and Control in an amount not to exceed the annual percentage increase in the Consumer Price Index in the preceding year;

WHEREAS, the Louisiana Attorney General and the Louisiana Legislative Auditor have recommended the following methods to hire one or more contractors to assist with or complete a public work project valued under the contract limit:

  1. A.    Negotiation - defined in La. R.S. 38:2211 as “the process of making purchases and entering into contracts without formal advertising and public bidding with the intention of obtaining the best price and terms possible under the circumstances”;

 

  1. B.     Request for Proposals – a process whereby contractors submit quotes for materials or equipment, including the labor/designs/specifications the contractor believes will fit the buyer’s needs.  The buyer then chooses the best proposal based on best quality and design that fits the buyer’s budget;

WHEREAS, La. R.S. 38:2212.1 sets forth the general requirements for purchasing materials and supplies, including:

  1. Establishing the procedures and requirements for purchasing materials and supplies;

 

  1. Generally requiring that all purchases of any materials or supplies exceeding $60,000.00 shall be advertised and let by contract, and that purchases of $30,000.00 or more, but less than $60,000.00, shall be made by obtaining not less than three quotes by telephone, facsimile, email, or any other printable electronic form;

 

  1.  Exempting  purchases of materials and supplies less than $30,000.00 from the provisions of the Public Bid Law; and

 

  1. Providing various alternative procedures requirements for specific purchases;

WHEREAS, the Louisiana Legislative Auditor has recommended that prudent practice suggests obtaining at least 3 written or electronic quotes for purchases less than $30,000.00, but greater than $1,000.00;

WHEREAS, the City of Monroe recognizes the cost and time constraints imposed by adhering to the processes and requirements of the Louisiana Public Bid Law for public work projects and purchases of materials and supplies less than contract limit or limits established by law;

 WHEREAS, the City of Monroe will recognize cost savings and the ability to complete projects faster by utilizing alternative purchasing methods for projects valued less than contract limit and for the purchase of materials, supplies, and movable equipment less than threshold set by state law; and

WHEREAS, the City of Monroe Purchasing Division desires to change its purchasing policies to allow it to take advantage of the small project process where the process will benefit the City and to expedite the purchase of materials, supplies, and movable equipment below the current threshold set by state law.

NOW, THEREFORE, BE IT ORDAINED, by the City Council, in legal and regular session convened, that:

Section 1. Policy. It is the policy of the City Council of City of Monroe that the City of Monroe shall adhere to the requirements of the Louisiana Public Bid Law, La. R.S. 38:2211, where applicable, including in the letting of public contracts for “public work” projects and the purchases of materials and supplies.

Section 2. Public Bid Law  

  1. A.                The City of Monroe shall adhere to and follow the provisions of the Louisiana Public Bid Law, La. R.S. 38:2211, et seq., including any future amendments thereto, for the letting of public work contracts on public projects, including materials, supplies, equipment, and labor, and for the purchases of material, supplies, and movable equipment.

 

  1. B.                 Unless otherwise expressly stated herein, the City of Monroe shall adhere to the governing provisions of the Louisiana Public Bid Law, where applicable, and to the extent there is a conflict between the provisions of this Ordinance and the Louisiana Public Bid Law, the Louisiana Public Bid Law shall control.

Section 3. Specific Provisions for Public Work Projects.

  1. A.                For public work projects, including materials, supplies, equipment, and labor where the value is under the statutory public work contract limit then-established by state law, the City of Monroe will adhere to the following policy:

Public Work Projects Beneath the Contract Limit

  1. The City may, within its discretion, use its own employees to complete the public work project, provided, however, that the City shall adhere to the requirements, if any, of the Louisiana Public Bid Law for the purchase of materials and supplies used to complete the project and any other requirements imposed by law.

 

  1. As an alternative to an advertised public work bid described in La. R.S. 38:2212, where a public work project is expected to cost less than the public work contract limit then in effect, the City may, within its discretion, negotiate with one or more qualified contractors, or request quotes through a Request for Proposals process.   

 

  1. The City shall, within its discretion, select the quote or proposal that is the most advantageous to the City considering price, project budget, completion timeline, reputation of the supplier or manufacturer of supplies or materials, and the experience/qualifications of the contractor.

 

  1. The City, based on the availability of known, qualified contractors, shall determine whether it is necessary to advertise the project in the journal of record.

     

  1. Where the cost of a project exceeds $50,000 but is less than contract limit then in effect, the contractor shall be licensed by the Louisiana State Licensing Board for Contractors.

 

  1. B.                 When required by law or regulation, or where a public work project is estimated to exceed $100,000.00 in costs, inclusive of materials, supplies, equipment, and labor, the City of Monroe shall present the project to the City’s Disadvantaged Business Enterprise (“DBE”) Committee to establish a DBE goal for the project, unless the City is undertaking the work through its own employees and staff.

 

  1. C.                The City’s Purchasing Division shall provide a bi-annual report to the Monroe City Council, in written or electronic form, that lists all public work projects exceeding $100,000.00 that were submitted to and approved by Purchasing Division within the previous six months, including at a minimum: (1) the name of the project; (2) the date the project was approved; (3) the Council district the project is or will be occurring in; (4) the amount of the project; (5) the DBE goal for the project; and (6) a brief description of the project.

Section 4. Specific Provisions for the Purchase of Materials and Supplies.

  1. A.                Unless the Public Bid Law sets forth alternative requirements or procedures, for purchases of materials, supplies, and movable equipment between $1,000.00 and $30,000.00 the City of Monroe will adhere to the following policy:

Purchase of Materials and Supplies

More Than $1,000.00 but Less Than $30,000.00

 

  1. As an alternative to the procedures set forth in La. R.S. 38:2212.1, where the purchase of materials, supplies, and movable equipment is more than $1,000.00 but less than $30,000.00, the City of Monroe may, in its discretion, negotiate with qualified vendors and solicit three written quotes or request quotes through a Request for Proposals process.

 

  1. The City shall, within its discretion, select the quote or proposal that is the most advantageous to the City.

 

  1. B.                 Where practical, the City shall adhere to any best practices or guidance issued by the Louisiana Attorney General or Louisiana Legislative Auditor regarding the purchase of materials and supplies.

Section 4. Administrative Policies. The Director of Administration may develop an administrative purchasing manual or other policies and procedures governing the letting of public projects or the purchase of materials and supplies to implement this Ordinance.

BE IT FURTHER ORDAINED, that this Ordinance hereby repeals and supersedes any prior ordinances or resolutions governing the same subject matter or imposing requirements and procedures on the letting of public work contracts or the purchase of materials and supplies.

This Ordinance was introduced on the  11th             day of June 2024.

 

            Notice Published on the  14th           day of June, 2024.

 

This Ordinance having been submitted in writing, introduced and published, was then submitted to a vote as a whole, the vote thereon being as follows:

 

AYES:            Harvey, Ezernack & Dawson

 

NAYS:            Woods, Marshall

 

ABSENT:      None.

 

And the Ordinance was declared ADOPTED on  25th          day of June, 2024.

 

 

Gretchen Ezernack                 

CHAIRPERSON

 

Carolus S. Riley                                 

CITY CLERK

 

Oliver Friday Ellis                             

MAYOR’S APPROVAL

 

______________________________

MAYOR’S VETO