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HomeMy WebLinkAboutOrdinances 21-02-466 - 02/17/2021STATE OF GEORGIA ORDINANCE NO. 21-02-466 COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 11 AND ARTICLE VIII, DIVISION 4, OF THE CODE OF THE CITY OF MILTON, GEORGIA, TO ALIGN THE SECTIONS WITH REGARDS TO CONDUCTING BUSINESS WITH CITY EMPLOYEES AND OFFICIALS. The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 171h day of February 2021 at 6:00 p.m., as follows: WHEREAS, the City has adopted a formal Procurement Policy and Ethics Policy, codified in Chapter 2, Article VI, Division 1 1 and Article VIII, Division 4 respectively, of the City's Code of Ordinances; and, WHEREAS, the City desires to revise its Purchasing Policy and its Ethics Policy to modify language to align with each section; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: 1. That Chapter 2, Article VI, Division 11, Sec. 2-626(a"2) and Chapter 2, Article VIII, Division 4 of the Code of the City of Milton, Georgia is hereby amended by incorporating the amendments shown in the document attached hereto and incorporated herein by reference as "Exhibit A." 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. 3. That this Ordinance shall become effective upon its adoption. SO ORDAINED this 17th day of February 2021. 1 Approved: /�v - •- LocWbod, Mayor Exhibit A STATE OF GEORGIA ORDINANCE NO. 21-02-466 COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 11 AND ARTICLE VIII, DIVISION 4, OF THE CODE OF THE CITY OF MILTON, GEORGIA, TO ALIGN THE SECTIONS WITH REGARDS TO CONDUCTING BUSINESS WITH CITY EMPLOYEES AND OFFICIALS. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on February 17, 2021 at 6:00 p.m. as follows: SECTION 1 Article VI, Division 11, Sec. 6-626(a) (2) - Purchasing Functions (a) Source selection. Except as provided in this section, all vendor selections shall be made by the purchasing office. When making the vendor selection, the purchasing office will choose the lowest, best, responsible, responsive vendor. It is recognized that exceptional requirements may dictate that the USER is instrumental in selecting vendors. In such cases, it is necessary that this need be transmitted to the purchasing office with sufficient documentation as to the reason for the exception. This must be done in advance of any firm negotiations or commitment with the vendor. (1) In determining where to purchase products and services based on competitive prices and costs incurred in obtaining the purchase, the city shall purchase locally when all of these requirements are equal. (2) The city shall not make purchases of products or services from city employees or councilmembers or from businesses owned by members of these two groups . The city shall have the right to piggyback from other city, county, local authority and board of education contracts if the vendor will extend the same prices, terms, and conditions to the city. This source selection shall only be available where competition was used by the other agency to secure the contract and only for a period of 12 months following entry, renewal or extension of the contract by the other agency. This provision shall not apply for any contract where state law mandates the city utilize its own competitive procurement process. SECTION 2 Article VIII, Division 4, Sec. 2-848 - Conflict of Interest Transactions (a) No city official or employee shall engage in any business or transaction or have a financial or other monetary interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties, except consistent with the disclosure and abstention provisions set forth herein. Additionally, no city official or employee shall vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) The City of Milton shall not enter into any contract involving services or property with a city official or employee or with a business entity in which the city official or an employee has an interest. Provided that the disclosure and abstention provisions set forth herein are followed, this paragraph shall not apply to the following: (1) The designation of a bank or trust company as a depository for city funds; (2) The borrowing of funds from any bank or lending institution which offers competitive rates for such loans; (3) Contracts entered into with a business which employs a consultant, provided that the consultant's employment with the business is not incompatible with this article; (4) Contracts for services entered into with a business which is the only available source for such geeds er services. -- - - - - - - MI MM • - - - - 1 i