Section 4 Finance
Policy 4-2 PURCHASING & PAYMENT PROCEDURES
DISTRIBUTION: All Departments
EFFECTIVE DATE: September 1, 2006
SUBJECT: Purchasing Policy
PURPOSE: To establish purchase policies and procedures
for the City of Lawton.
BACKGROUND: The current purchasing policy was established in January 2003.
The
purpose of the purchasing policy is to ensure that competitive bidding and fair purchasing
practices are utilized by all City divisions, which will maximize their ability to successfully
provide quality service to the citizens of Lawton. This policy establishes primary source for
purchasing procedures.
PROCEDURES:
1. General
a. This policy shall be followed by all City departments, agencies or entities
that utilize the
services of the City of Lawton Financial Services Division, make purchases for the City of
Lawton, or utilize City of Lawton funding.
b. The Financial Services Division Supervisor is charged with monitoring compliance
with this
policy, with keeping department directors and division supervisors informed on problem areas
and with providing necessary training to City employees on proper purchasing procedures.
c. All supervisory personnel are charged with ensuring that all purchases made
by their entities
are in accordance with this policy. They are further charged with working with the Financial
Services Division Supervisor in resolving problems and requesting training for their personnel
where needed.
d. This policy does not apply to the selection of contractors for the CDBG Homeowner
Rehabilitation Program, and HOME Homeowner Programs. Procedures for selecting contractors
for the Homeowner Rehabilitation Program are covered in Administrative Policy 7-1.
2. Capital Outlay Expenditures. In addition to this policy, Administrative
Policy 13-1 must
be followed for Capital Outlay expenditures.
3. Exemptions. §10-1-113C of the City Code exempts architectural
engineering, legal and
other professional services from competitive bid procedures. Using this guidance, professionals
in the arts will also be exempted. §10-1-113D of the City Code exempts utility service from
the
competitive bid procedures. Purchases for fuels, computer equipment, auto parts, road oils, and
PVC pipe are accomplished by spot bidding (§10-1-101C, E and F, City Code). These items may
be purchased to a limit of $13,000.00, with the exception of PVC Pipe which has a limit of
$75,000.00. §57-8-549.1D allows purchases from the Department of Corrections without
competitive bids.
4. Encumbrances. Departments/divisions shall encumber funds as necessary
to obtain a
purchase order in advance. Encumbrances are also used to set aside monies for known
obligations. Encumbrances are processed using the guidelines established by this policy. Any
requirement for quotes must be adhered to prior to processing an encumbrance.
5. Sole Source. There are times when an item is only available from a
single source. Sole
source requests are approved when the goods/services can be obtained from only one known
vendor. The following applies to sole source purchases:
a. Sole source requests must be submitted and approved before the obligation
of funds. Sole
source requests must be made using the format enclosed as Figure 1.All information required in
the draft memorandum must be provided.
b. Before approval of a sole source request, actions will be taken by the Financial
Services
Division to find other sources for the goods/services.
c. Formal bids must be processed for purchases of $13,000.00 or more, even though
a sole
source request may have been approved.
d. For repeated purchases from the same vendor, such as library book purchases,
an
encumbrance may be submitted to cover subsequent purchases. Requisitions submitted after
receiving approval must reflect the approval number and date in the Remarks section of the
requisition. (Figure 2)
e. No City funds are to be obligated before the approval of the Sole Source request.
6. Computers. Purchases of computers, computer related equipment, and
software must be
reviewed and approved by the Information Technology Director. The requisition must be
initialed by the Information Technology Director prior to being submitted to the Financial
Services Division.
7. Communications Equipment. Prior to the purchase of any radio, pager,
and telephone
equipment or services, specifications that are not already approved and on file must be approved
by the Information Services Director. This action must be taken in accordance with
Administrative Policy 14-1, dated June 14, 2001.
8. Department Director Approvals. All documents submitted for processing
must be
approved by department directors. This includes purchase requisitions, new specifications,
requests for bids/proposals (gold sheets), and division recommendations pertaining to formal bids
and proposals.
9. Local Vendor Preference. In accordance with §10-1-102, 10-1-108,
and 10-1-116 of the
City Code, as amended by Ordinance 99-14, the City may give preference to local vendors who
have submitted bids within five percent (5%) of the lowest responsive bidder who is not a local
vendor. This preference shall not apply to public construction contracts. “Local vendor” means
any person or business whose primary place of business is located and operating within the
corporate limits of the City who submits responsive bids for the purchase of goods and materials
in response to the City’ s solicitation for bids.
10. State Contract. Items on the state contract may be purchased without
obtaining bids,
subject to funds being available, in accordance with city code 10-1-113E.
11. Public improvement construction contracts under $25,000.00, may be
bid using written
quotes obtained by Financial Services. Bidders must complete and sign the invitations to bid and
contract form as shown in Appendix E. Vendors will be notified at the time of solicitation if
mandatory pre-quote conferences are scheduled.
12. Specific purchasing topics are addressed in the following appendices:
a. Appendix A – Purchasing Limits
b. Appendix B – Approval Requirements for Purchases
c. Appendix C – Specifications – Purchases Costing $4,000.00
or more
d. Appendix D – Formal Bid Processing
e. Appendix E – Invitations to Bid and Contract
f. Appendix F – Contract Change Order Procedures
g. Appendix G – Special Authorizations
h. Appendix H – Budget Transfer
i. Appendix I – Extension of Contracts
REFERENCES: Chapter 10, Lawton City Code, Administrative Policies 7-1, 13-1, and 14-1,
and Ordinance 99-14.
RESCISSION: This policy rescinds Administrative Policy 4-2 dated January 1, 2003.
RESPONSIBLE DEPARTMENT: Finance (Financial Services)
___________________________
Larry Mitchell
City Manager
September 1, 2006
Attachments:
Appendix A-I
Figure 1 – Example of Sole Source Request
Figure 2 – Form FN 528 (Gold Sheet)
Figure 3 – Form 36-002 Contract Change Order
Appendix A
Purchasing Limits
1. Maximum Purchase Limits.
a. The total limit a division may spend on one order, ticket or item is $1,999.99.
b. Three oral quotes are required to be obtained by the division on any one item
or total
order/invoice that costs between $1,000.00 and $1,999.99. Dividing a single day’ s purchase
from one vendor into separate tickets will not exempt the purchase from requiring oral quotes.
Splitting a purchase to avoid the competitive bidding requirements is a violation of City Code
and State law. Oral quotes must be documented on the requisition or attached as a separate
document. A valid quote must include price, quantity, contact name, and telephone number.
c. Purchases that cost between $2,000.00 and $13,000.00 must be forwarded to
Financial
Services for three written quotes.
d. Any purchase $13,000.00 or over requires formal bidding and a contract.
2. Purchasing limits pertain to items not covered by a City requirements contract.
Items
covered by contract may be purchased above these limits.
3. In obtaining quotes, shipping costs must be included in computing the total
amount of the
purchase. The maximum limits include shipping, insurance or other delivery costs.
4. For any requisition over $25,000.00, Oklahoma State Statutes require a non-collusion
affidavit. For items on contract, this affidavit will be on file in Financial Services. It is the
responsibility of the Division to obtain this affidavit when needed.
5. When obtaining quotes, one “no-bid” may be accepted if the phone
number and point of
contact are recorded. No requisition may be processed with two “no-bids”. If the division
is
unable to obtain necessary quotes, they may forward to Financial Services for assistance.
6. Multiple purchases of the same item are considered a single item purchase.
For example: one
item costs $900.00 and may be purchased at will. Two of this same item cost $1800.00 and will
require divisional oral quotes. Three of these items cost $2,700.00 and require Financial Services
to obtain written quotes.
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PURCHASING
LIMIT
GUIDELINES
Maximum
Purchase
Limits
|
|
|
Department/
Division
|
Financial
Services
|
Remarks
|
|
0 -
$1,000.00
|
X
|
|
No
quotes
needed
|
|
$1,000.00
-
$1,999.99
|
X
|
|
Three
oral
quotes
|
|
$2,000.00
- $13,000
|
|
X
|
Three
written
quotes
|
|
$13,000 –
Above
|
|
X
|
Requires
formal
bidding
|
Appendix B
Approval Requirements for Purchases
|
Routine
Requisitions
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$2,000
to
$13,000
|
$13,000
and over
|
Special
Payments
|
Computer
Related
|
Communication
Equipment
|
Motive
Equipment
|
|
Division
Supervisor
|
XX
|
XX
|
XX
|
XX1
|
XX
|
XX
|
XX
|
|
Department
Director
|
XX
|
XX
|
XX
|
XX1
|
XX
|
XX
|
XX
|
|
Financial
Services
|
XX
|
XX
|
XX
|
XX1
|
XX
|
XX
|
XX
|
|
Finance
Director
|
|
XX
|
XX
|
XX1
|
|
|
|
|
City
Manager
|
|
|
XX
|
XX2
|
|
|
|
|
Special
Approval
|
|
|
|
|
XX3
|
XX4
|
XX5
|
Note:
1. Special payments include (1) damage claims, education reimbursements, petty
cash
reimbursements, employee reimbursements, dues and membership payments, professional
services payments and travel.
2. Special payments (2) include petty cash reimbursements and travel expenses
paid to
department directors.
3. Purchases of computer and computer related equipment must be approved by the
IS Director.
This includes any hardware or software purchases. Computer supplies (e.g., paper, cartridges,
etc.) do not fall in this category.
4. Purchases of communications equipment (radios, telephone systems, pagers,
etc.) must be
approved by the IT Director.
5. Purchases of motive equipment must be approved by the Equipment Maintenance
Superintendent.
Appendix C
Specifications Committee – Purchases Costing $4,000.00 or More
I. GENERAL:
A. A Specifications Committee will be established to review all specifications
of goods and
services whose cost is estimated to be $4,000 or greater, and have no existing approved
specifications.
B. The Specifications Committee will be composed of the City Manger, or designee,
City
Attorney, or designee, Equipment Maintenance Superintendent the Finance Director or designee
and the Parks and Grounds Superintendent.
C. Contracts and services administered by the City Engineer’ s office will
not be required to
have review/approval by the Specifications Committee.
II. RESPONSIBILITIES:
A. Financial Services Division
1. The Financial Services Supervisor, or designated representative, shall:
a. Attend all meetings to provide information and act in the capacity of advisor.
b. Have the authority to make recommendations and provide alternate specifications
for
consideration.
c. Schedule meetings as necessary and prepare agenda.
d. Assist Departments/Divisions in the preparation of specifications.
e. Maintain a file of all approved specifications.
B. The Office of the City Attorney shall:
1. Attend all meetings in the capacity of legal advisor and voting member of
the Committee.
2. Review specifications to assure that all legal requirements are met and make
recommendations for changes at the Specification Committee Meeting.
C. Department/Division Responsibility:
1. Develop specifications for purchase/services that exceed $4,000.00.
2. Specifications shall not be restrictive and should allow for competitive bidding.
3. Prior to going to the Specification Committee for consideration, specifications
for computers
and computer related equipment must be approved by the IT Supervisor; specifications for
radios, telephone equipment or services must be approved by the Information Technology
Supervisor; specifications for motive equipment must be approved by the Equipment
Maintenance Superintendent.
4. Special requirements, such as insurance needs, delivery times, or maintenance
contracts
should be addressed in the specifications.
5. Submit the specifications to the Financial Services Division. Ensure that
all necessary
documents are submitted with the specifications.
6. Attend Specifications Committee meeting to explain specifications.
Appendix D
Formal Bid Processing
I. Formal bids are required for purchases of $13,000 or more.
II. The following documents are required to be submitted by the requesting department:
A. Request for Bids/Proposal, Form FN 528 (Gold Sheet) (Figure 4).
B. If the specifications have been previously approved, the requester must review
and certify
that the specifications are current. If specifications have not been approved, they must be
submitted to the Financial Services Division for review/approval prior to the Financial Services
Division advertising for bids. See Appendix C.
C. Requisitions. A Requisition to Purchase (Form FN 304) must be attached to
the Gold Sheet,
except for requirement-type contracts. See Figure 5.
III. All of the above documents must be submitted prior to the Financial Services
Division
soliciting bids.
IV. All documents pertaining to a formal bid request (Gold Sheet, Requisition
and Division
Recommendation for Award) must be signed by the Department Director.
V. All contracts that are included as part of a bid package must be the standard
form contract
that has been approved by the Legal Department. If deviations are required, the contract must be
reviewed by the Legal Department prior to submission as part of a bid.
Appendix E
City of Lawton
INVITATION TO BID AND CONTRACT
City of Lawton
INVITATION TO BID AND CONTRACT
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MAIL
SEALED
BIDS
TO:
City
Clerk
City of
Lawton
103 SW
4th Street
Lawton,
OK
73501
|
DIRECT
INQUIRIES
TO:
Buyer
Phone:
|
|
|
|
Date
Bid
Typed:
|
Dates Bid
Advertised:
|
No Bids
Received
After:
2:00
P.M.
|
|
Contract Number and
Title:
Requirements-type
Contract: YES NO
|
Contract
Period:
|
|
|
|
Vendor Name
and Point of
Contact:
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Reason
for No
Bid:
|
|
Mailing
Address:
|
Terms:
|
|
City:
State:
Zip:
|
Delivery:
|
|
Area Code and
Phone
Number:
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FAX
Area
Code and
Phone
Number:
|
|
Federal
Employer
Identification
Number or
Social Security
Number
|
THIS BID INVALID IF NOT SIGNED AND NOTARIZED
AFFIDAVIT:
STATE OF________________________________COUNTY OF_______________________________, of lawful age,
being first duly sworn, on oath
says that:
1. Affiant is the duly authorized agent of the bidder/vendor and/or contractor submitting the
competitive bid and executing the contract which is attached to
this statement, and that as such agent Affiant has the authority to bind the bidder/vendor, whether
an individual, partnership, or corporation, for the purpose
of negotiating and entering into said agreement, and for certifying the facts pertaining to the existence
of collusion among bidders and between bidders and
City officials or employees, as well as facts pertaining to the giving or offering of things of value
to government personnel in return for special consideration
in the letting of any contract pursuant to the bid to which this statement is attached; 2. Affiant
is fully aware of the facts and circumstances surrounding the
making of the bid and/or the procurement of the contract to which this statement is attached and has
been personally and directly involved in the
proceedings leading to the submission of such bids; 3. Neither the bidder/vendor nor anyone subject
to the bidder/vendor’ s direction or control has been a
party: a. to any collusion among bidders in restraint of freedom of competition by agreement to
bid at a fixed price or to refrain from bidding, b. to any
collusion with any municipal official or employee as to quantity, quality or price in the prospective
contract, or as to any other terms of such prospective
contract, c. in any discussions between bidders and any municipal official concerning exchange of money
or other thing of value for special consideration in
the letting of a contract, nor d. to paying, giving or donating or agreeing to pay, give or donate to
any officer or employee of the City of Lawton, any money
or other thing of value, either directly or indirectly, in procuring the contract to which his statement
is attached. 4. Affiant further agrees to be held
personally liable in the event that Affiant has misrepresented the scope or extend of Affiant’
s authority to bind the bidder herein, and to indemnify and hold
harmless the City of Lawton its departments, boards, commissions, agencies, institutions, and all employees
of the aforementioned from all damages based
upon such misrepresentation, including but not limited to all costs and attorney fees incurred, in addition
to any other remedies available by law.
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Firm:_______________________________________________________
Address:____________________________________________________
___________________________________________________________
(City, State, Zip)
Phone:_____________________________________________________
|
_________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT
_________________________________________________________________
PRINT/TYPE NAME/TITLE
Subscribed & sworn before me this _____ day of ________________, 20______.
_________________________________________________________________
Notary Public
My Commission expires:_____________________________________________
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Appendix F
Contract Change Order Procedures
I. Requests for contract change orders will be processed on Contract Change Order
form, Form
36-002. See Figure 6.
II. Contract change orders will be processed using the following procedures:
A. When there is a change of conditions that requires modifications to a current
contract, the
responsible department will coordinate the change. The responsible department will obtain a
letter from the vendor outlining the changes and the costs associated with each change. The
department director will submit a memorandum, with vendor’ s letter attached, and
recommendation regarding changes to the Financial Services Division.
B. The Financial Services Division will review the request and send it to the
City Attorney’ s
office for review. Upon completion of the legal review, the Financial Services Division will
prepare Contract Change Order, Form 36-002, then forward to the originating department for
signature.
C. The responsible department will forward the form to the vendor for completion.
Upon return
from the vendor, the completed form will be forwarded to the Financial Services Division for
further processing.
D. The Financial Services Division will prepare the agenda item for City Council
approval.
E. After approval, the Financial Services Division will provide copies of the
approved Form
36-002 to the vendor and responsible department. If disapproved, the Financial Services Division
will notify the originating department.
III. Approval authority. The City Council is the approving authority for contract
change orders.
Appendix G
Special Authorizations
I. Emergency Purchase Orders
A. Emergency situations occur which justify purchasing goods or services immediately,
circumventing established policy.
B. During normal duty hours. Before obtaining the goods/services, the department
director or
his representative must call the Financial Services Division for an Emergency Purchase Order
number. An Emergency Purchase Order will be issued only after it is determined that the
goods/services cannot be obtained utilizing the routine procedures.
C. After normal duty hours. If an emergency occurs after normal duty hours, the
department
director or his representative should have the work done. On the first business day after the
emergency, contact the Financial Services Division to obtain an Emergency Purchase Order
number. The department director must include a memorandum with the requisition explaining the
circumstances that necessitated the work being done on an emergency basis.
D. The Emergency Purchase Order is to cover the existing emergency. Any other
work that
needs to be done must be processed in accordance with this policy.
E. Emergency Purchase Orders will not be issued for work expected to exceed $13,000.00.
These emergencies must be approved by the City Council prior to the work being done.
F. The following information must be provided when requesting an Emergency Purchase
Order
number:
1. Nature of emergency
2. Efforts taken to resolve using routine procedures
3. Length of time problem existed
4. Estimated cost of goods/services
5. Vendor to be used to provide service
G. The Emergency Purchase Order number must be listed on the purchase requisition.
II. Authorization Numbers
A. Certain repairs are provided from a rotating vendors list. The Financial Services
Division
maintains a list of approved vendors for the following services:
1. Alternator/Starter Repairs
2. Appliance Repairs
3. Electrical Work
4. Plumbing Services
5. Heat/Air Conditioning Repairs (for work not covered by contract)
6. Overhead Door Repairs
7. Upholstery
B. Before obtaining these services, an authorization number must be obtained
from the
Financial Services Division.
C. Authorization numbers are issued only for repair of current equipment.
D. After the repairs have been completed, the division must inform the Financial
Services
Division of the costs incurred.
E. The authorization number must be listed on the requisition.
Appendix H
Budget Transfers
Transfers of funds within budgeted accounts may be made using controlled Internal Transfer
forms obtained from Financial Services. The following procedures must be followed to transfer
appropriated budgeted amounts:
A. All transfers must be signed by the Department Director and the Financial
Director.
B. The City Manager will sign:
1. Any transfers out of the personal services (100 series) accounts.
2. All transfers within the capital outlay (300 series) accounts for the purchase
of items not
previously budgeted.
3. Any transfer over $5,000.00.
4. Transfers between statutory accounts, such as 100 series to 200 series, etc.
C. Transfers from one department to another department require City Council approval.
D. Transmittal letters are not required to accompany a transfer form. However,
in the reason
for transfer section, a brief description must explain the need for the funds going to the transfer-in
account and the reason funds are not required in the transfer-out account.
Appendix I
Extension of Contracts
Requirement contracts are bid for one year, with the possibility of renewal for two further years.
The following procedures shall be followed to extend an existing contract.
A. Approximately 90 days before expiration date, the Financial Services Division
will notify in
writing the using Department Director(s) of the expiration date and request their recommendation
in writing on whether to renew the contract. All recommendations must be signed or initialed by
the Department Director or Assistant Director.
1. If the department reply is affirmative, Financial Services will notify the
vendor in writing
and request that the contract be extended. If the vendor agrees, a new contract is drawn. If the
vendor declines, Financial Services will proceed with the bid process.
2. If the department reply is negative, specific reasons for dissatisfaction
with the contract must
be stated. Financial Services will then proceed with the bid process.
3. For all contracts that are going out for the bidding process, instructions
are provided in
Appendix C, Specifications, and Appendix D, Formal Bid Processing.
B. For contracts that are being extended, Financial Services will prepare an
agenda item and
the contract for review by the City Attorney’ s office and submittal to the City Council. When
the
extension is approved by City Council, the contract extension form is signed and copies are sent
to the Department and to the Vendor.
ATTACHMENTS - Appendix A-I, Figure 1
Sole Source Request
(to be submitted on Department letterhead)
MEMORANDUM
TO: Financial Services Division
THRU:
FROM:
SUBJECT: Sole Source Request
DATE:
Request that ____________________________________ be accepted as a sole source provider for the
goods/services on the enclosed requisition. The goods/services requested are very specialized
or a type of
acquired expertise is needed.
These goods/services will be used for the following: ____________________________________
______________________________________________________________________________
______________________________________________________________________________
A copy of the specifications for the goods/services is provided with this request.
To the best of my knowledge, ___________________________ is the only vendor that can provide these
goods/services. The goods/services must be obtained from this vendor for the following reasons:
_______________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
The following is a brief description of all efforts which were made to determine if the goods/services
are
available from our sources: ________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
I understand that no city funds may be obligated for the goods/services until a determination is made
on this
request. This department has not committed to purchasing these goods/services.
ATTACHMENTS - Appendix A-I, Figure 2
Form FN 528 (Gold Sheet)
_____
REQUEST FOR BIDS
(FOR PURCHASES OVER $13,000)
_____
REQUEST FOR PROPOSALS
TO: Financial Services DATE:
FROM: (
DEPARTMENT
)
(
DIVISION
) (
POINT OF CONTACT
)
1. ITEM DESCRIPTION:
2. BUDGETED:
Yes Amount
Budgeted Account
Number
No Estimated Amount Attach
Copy of Approved Transfer Request
3. TYPE OF CONTRACT:
_____One-time Purchase (Attach copy of the requisition)
_____Requirements Contract
4. PREVIOUSLY APPROVED SPECIFICATIONS:
_____Yes Specifications Number & Date Approved:
_____No Attach a copy of detailed
specification for item in correct format.
5. KNOWN SOURCES OF SUPPLY:
(Include all sources which have bid on similar items within the preceding three
(3) years.)
FIRM:
ADDRESS:
6. COMMENTS:
Division Supervisor Department
Director
ATTACHMENTS - Appendix A-I, Figure 3
Form 36-002 Contract Change Order pg. 1
|
CITY OF
LAWTON,
OKLAHOMA
Finance
Department,
Financial
Services
Contract
Change Order
|
DATE:
|
|
TO:
|
Contract
#:
Contract
Name:
|
|
The City
of Lawton
and the
above
named
vendor
agree to
the
following
changes in
the
previously
awarded
contract.
|
Change
Order
No.
|
|
JUSTIFICATION
FOR CHANGE
|
|
1. Specific items
changed:
|
|
2. Necessity for
change:
|
|
3. Is
proposed
change an
alternate
bid?
|
YES
|
NO
|
|
4. Will
this
change
affect
expiration
or amount
of
insurance
coverage?
|
|
|
|
Change in
contract
price due
to this
Change
Order:
|
|
Total decrease
|
|
|
Total increase
|
|
|
Difference
between
columns 3 & 4
|
|
|
Net change in
contract price
INCREASE
DECREASE
NO
CHANGE
|
|
|
The sum of is
hereby added
to deducted
from the total
contract price,
and the total
adjusted
contract price,
for this vendor,
to date thereby
is ,
INCREASED
DECREASED
NO
CHANGE.
|
|
FM 36-002 (July 96) 1<
/div>
ATTACHMENTS - Appendix A-I, Figure 3
Form 36-002 Contract Change Order pg. 2
|
Contract Change Order (cont)
|
|
The time provided for completion in the contract is unchanged,
increased,
decreased by calendar days. This document and all
provisions of the contract will apply hereto.
|
|
Department
approval:__________________________________
Date:____________________
__________________________________
Typed/Printed Name
|
|
Purchasing Division
Review:_____________________________
Date:____________________
Laura Smith, Financial Services
Supervisor
Typed/Printed Name
|
AFFIDAVIT:
STATE OF ________________________________________ COUNTY OF
_____________________________________,
_______________________________________(name of affiant), of lawful age, being first duly sworn,
on oath
says that:
1. Affiant is the duly authorized agent of the vendor awarded this contract and executing the
above change
order, and that as such agent Affiant has the authority to bind the vendor, whether an individual, partnership,
or
corporation, for the purpose of negotiating, altering and entering into said agreement, and for certifying
the facts
pertaining to the existence of collusion among vendors and City officials or employees, as well as facts
pertaining
to the giving or offering of things of value to government personnel in return for special consideration
in the
letting or modifying of any contract entered to which this statement is attached; 2. Affiant is
fully aware of the
facts and circumstances surrounding the making of the agreement and/or the procurement of the contract
to
which this statement is attached and has been personally and directly involved in the proceedings leading
to the
entry into such agreement; 3. Neither the vendor nor anyone subject to the vendor’ s direction
or control has
been a party: a. to any collusion among vendors in restraint of freedom of competition by agreement
to bid at a
fixed price or to refrain from modifying this agreement; b. to any collusion which any municipal official
or
employee as to quantity, quality or price in the contract, or as to any other terms of such contract;
c. in any
discussions between vendors and any municipal official concerning exchange of money or other thing of
value for
special consideration in the letting or modification of a contract; nor d. to paying, giving or donating
or agreeing
to pay, give or donate to any officer or employee of the City of Lawton, any money or other thing of
value, either
directly or indirectly, in procuring the contract modification which his statement is attached. 4. Affiant further
agrees to be held personally liable in the event that Affiant has misrepresented the scope or extend
of Affiant’ s
authority to bind the vendor herein, and to indemnify and hold harmless the City of Lawton, its departments,
boards, commissions, agencies, institutions, and all employees of the aforementioned from all damages
based
upon such misrepresentation, including but not limited to all costs and attorney fees incurred, in addition
to any
other remedies available by law.
__________________________________________________
Firm:________________________________________ SIGNATURE
OF AUTHORIZED AGENT
Address:_____________________________________ __________________________________________________
PRINT/TYPE
NAME/TITLE
_____________________________________________
(City,
State, Zip) Subscribed
& sworn before me this _____ day of
__________________, 20____.
Phone:_______________________________________
_________________________________________________
Notary
Public
My Commission Expires:___________________________
2
ATTACHMENTS - Appendix A-I, Figure 3
Form 36-002 Contract Change Order pg. 3
CITY APPROVAL
The
City of Lawton, Oklahoma,
a
Municipal Corporation
____________________________________
MAYOR
ATTEST:
_______________________________________
City
Clerk
LEGAL REVIEW
APPROVED as to form and legality on behalf of the City of Lawton on the ______ day of
_____________________________, 20_____.
________________________________________
CITY ATTORNEY
ENCUMBERING OFFICER REVIEW
I hereby certify that the amount of this encumbrance has been entered against the designated
appropriation accounts and that this encumbrance is within the authorized available balance of
said appropriation.
Dated this ______ day of ________________________, 20_____.
________________________________________
Encumbering Officer
3
(Admin 4-2, Amended, 09/01/2006, Prior Text)