§ 2-262. Purchase and sales procedures.

(a)

All supplies, equipment and contractual services, except as otherwise provided herein, when the estimated purchase price thereof shall exceed $25,000.00, shall be purchased from the bidder determined by the city council to be the lowest and best responsible bidder pursuant to the formal bidding procedure.

(b)

No contract or purchase shall be subdivided to avoid the requirements of this article. Separate purchases from the same vendor by different departments for different purposes shall not be considered subdivided purchases. Such purchases will be reported to the city council on a quarterly basis or as soon as practicable, and will follow the bidding guidelines outlined in the City of Port Orange Purchasing Manual Policies and Procedures, to ensure cost efficiency and maximize competition.

(c)

Purchases up to and including $2,500.00 are purchased on the open market if the quoted price appears fair and reasonable. Items with a purchase price of more than $2,500.00 but less than or equal to $5,000.00 shall be made using two verbal quotations. Items with a purchase price of more than $5,000.00 but less than or equal to $25,000.00 shall be made with three quotations confirmed in writing.

(d)

All sales of personal property (except trade-in personal property) which has become obsolete or unusable or the sale of which is otherwise determined to be in the best interest of the city, when the estimated value exceeds $25,000.00, shall be made to the highest responsible bidder pursuant to the formal bidding procedure of this article. Acceptance or rejection of bids for such sales shall be made by the city council. The city council may, by appropriate resolution, authorize the city manager or other city official to execute any and all title transfers, bills of sale or other documents necessary to convey and transfer such property to the successful bidder. In the absence of such authorization by resolution, the mayor and city clerk may execute such instruments.

(e)

All sales of personal property (except trade-in personal property) which has become obsolete or unusable or the sale of which is otherwise determined to be in the best interest of the city, when the estimated value is $25,000.00 or less, may be sold upon the written approval of the city manager. Notice of such sale shall be posted in city hall and, insofar as is practicable and reasonable, written and sealed bids should be solicited. Notwithstanding the foregoing, such property may be sold by negotiated sale, auction or other procedure approved by the city manager. Formal advertising or compliance with the formal bidding procedure shall not be required. The city manager, or such person as he shall designate in writing, is authorized to execute any and all title transfers, bills of sale or other documents necessary to convey and transfer such property to the purchaser thereof.

(f)

Junk/non-real property. The city manager may declare that any non-real property that is determined by the city manager to have reached the end of its useful life and/or may expose the city to potential liability from its continued use or sale and/or whose disposition cost exceeds its value is junk. Non-real property declared by the city manager to be junk shall be disposed of without receipt of consideration (or, if necessary, at a cost to the city) and shall be rendered useless and not be donated.

(g)

In the event of a conflict between any provision in this Code, or the city's purchasing policy and federal or state law, or the terms of any grant; the federal or state law, and terms of the grant shall control.

(Code 1981, § 8-26; Ord. No. 1997-22, § 2, 5-6-1997; Ord. No. 2004-15, § 2, 7-20-2004; Ord. No 2015-16 , § 1, 5-19-2015; Ord. No. 2015-27 , § 1, 8-18-2015; Ord. No. 2017-15 , § 1, 5-16-2017; Ord. No. 2017-23 , § 1, 8-1-2017)