The Council shall designate an administrative officer of the City
in charge of purchasing, and he shall be responsible for the purchase
and sale of all City property. Comparative prices shall be obtained
for the purchase or sale of all materials, supplies and public improvements
except in the employment of professional services and when the Purchasing
Officer (or the Council as hereinafter provided) shall determine that
no advantage to the City would result therefrom.
The Council may authorize a Purchasing Officer to make purchases
and sales in amounts not in excess of $500, without prior approval
of the Council. In all sales or purchases in excess of $500, and not
in excess of $3,000, the sale or purchase shall be first approved
by the Council. In all sales and purchases in excess of $3,000, the
sale or purchase shall be first approved by the Council and formal
sealed bids shall be obtained. No sale or purchase shall be divided
for the purpose of circumventing the dollar value limitation contained
in this section. The Council may authorize the making of public improvements
or the performance of any other City work by any City department or
agency without competitive bidding.
Purchases shall be made from the lowest competent bidder meeting
specifications unless the Council shall determine the public interest
would be better served by accepting higher bids or rejection of all
submitted bids. Insofar as the best interests of the City are served,
purchases shall be made from those qualified persons who conduct their
business within the City of Rockwood.
All purchases and sales shall be evidenced by a written purchase
order or sales memorandum. The City may not purchase, sell or lease
any real estate or any interest therein except by the affirmative
vote of five or more members of the Council. The purchase and sale
of all City property shall be subject to the provisions of § C-5.11
of this Charter.
The authority to contract on behalf of the City is vested in the
Council and shall be exercised in accordance with the provisions of
statute and of this Charter, provided that purchases and sales be
made by the Purchasing Officer subject to the provisions of § C-12.1.
Any contract or agreement in an amount of $1,000 or more made with
form or terms other than the standard City purchase order form shall,
before execution, be submitted to the Attorney and his opinion obtained
with respect to its form and legality. A copy of all contracts or
agreements requiring such opinion shall be filed in the office of
the Clerk, together with a copy of the opinion.
On all jobs for any public work or any public improvement when the
plans thereof are required by law to be prepared by a professional
engineer, or the total cost thereof exceeds $3,000, each contractor
shall be required to file a performance bond as prescribed by the
Council, to be approved by the City Attorney, covering labor and material
and for the proper completion of the work.
Before any contract, agreement or purchase order obligating the City
to pay an amount of $1,000 or more is executed, the officer responsible
for maintaining the City accounts shall first certify that an appropriation
has been made for the payment thereof or that sufficient funds will
be available if it be for a purpose being financed by the issuance
of bonds or by special assessments or for some other purpose not chargeable
to a budget appropriation. In the case of a contract or agreement
obligating the City for periodic payments in future fiscal years for
the furnishing of a continuous service or the leasing of property,
such certification need not cover those payments which will be due
in future fiscal years, but this exception shall not apply to a contract
for the purchase or construction of a public improvement unless such
purchase or construction is being financed by an installment contract
under authority of § C-10.7. Certification by the Purchasing
Officer of the City shall be endorsed on each contract, agreement
or purchase order requiring same or shall be filed as an attachment
thereto.
No contract shall be amended after the same has been made except
upon the authority of the Council, provided that the Purchasing Officer
may amend contracts for those purchases and sales made by him under
the authority of § C-12.1.
An individual agreement of employment shall not be deemed a contract
requiring opinion by the Attorney or certification by the Purchasing
Officer of the City.
Any agreement or contract for the renting or letting of public property
for a period longer than three years shall be subject to the same
referendum procedure as provided in the case of ordinances passed
by the Council. A summary of the terms of any such agreement or contract
shall be published within 10 days after its approval by the Council,
and any petition for such referendum must be filed within 30 days
after such publication to be effective.
The transfer or assignment of any agreement or contract for the renting
or letting of public property may be made only upon approval of the
Council, but approval of such transfer shall not be subject to referendum.
The City shall not sell any park, cemetery or part thereof, except
where such park is not required under an official master plan of the
City, unless approved by a majority of the electors voting thereon
at any general or special election.
The City shall not repudiate any debt by any change in its Charter
or by consolidation with any other municipality.