As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS
Any corporation, partnership, individual, sole proprietorship,
joint-stock company, joint venture or any other private legal entity.
CONTRACT
All types of City agreements, regardless of what they may
be called, for the procurement of supplies, services, equipment or
construction.
E-PUBLISHING
The process of publishing electronically on the internet
directly or through a bid notification system such as the Michigan
Intergovernmental Trade Network (MITN) e-procurement initiative or
similar internet site.
FINANCIAL INTEREST
A.
Ownership of any interest or involvement in any relationship
from which, or as a result of which, a person within the past year
has received, or is presently or in the future entitled to receive,
more than $1,000 per year, or its equivalent;
B.
Ownership of 10% or more of any property or business; or
C.
Holding a position in a business such as officer, director,
trustee, partner, employee or the like, or holding any position of
management.
GRATUITY
A payment, loan, subscription, advance, deposit of money,
service or anything of more than nominal value, present or promised,
unless consideration of substantially equal or greater value is received.
LOCAL
Located within the municipal boundaries of the City of Monroe.
LOWEST QUALIFIED BIDDER
The lowest bidder having qualifications to perform the work
which are satisfactory to the City Council.
MATERIALS and SUPPLIES
Any and all articles, equipment or things, or a combination
thereof, which shall be furnished to or used by any officer or department
of the City for any governmental purposes and which are made by a
single requisition form.
PROCUREMENT
The buying, purchasing, renting, leasing or otherwise acquiring
of any supplies, services, equipment or construction. The term also
includes all functions that pertain to the obtaining of any supply,
service, equipment or construction, including a description of the
requirements, selection and solicitation of sources, the preparation
and award of contracts, and all phases of contract administration.
SERVICES
Any and all services, other than contractual services or
collective bargaining agreements, of any type, whether or not including
the furnishing of materials or supplies as a part thereof or incident
thereto, for which a consideration in money is paid by the City.
The procurement of supplies, equipment and services for the
City of Monroe shall be accomplished under the following guidelines:
A. To procure for the City materials, supplies, equipment and contractual
services of the highest quality and at the least expense to the City;
B. To endeavor to obtain as full and open competition as possible on
all purchases and sales;
C. To exploit the possibility of buying in sufficient substantial quantities
as to take full advantage of available discounts;
D. To act so as to procure for the City all tax exemptions to which
it is entitled;
E. To promote local supplies and contractual services by identifying
local suppliers and contractors, and providing notice and opportunity
to bid to local suppliers and contractors in the City bid process.
Nothing in this guideline, however, shall be interpreted to be in
conflict with Act 196 of the Public Acts of 1973, as amended.
F. To join with other units of government in cooperative purchase plans
when the best interests of the City would be served thereby.
G. To declare vendors who default on their quotations irresponsible
bidders and to disqualify them from receiving any business from the
City for a stated period of time.
H. To authorize the Finance Department, consistent with this chapter,
and with the approval of the City Manager to adopt operational procedures
relating to the execution of cost effective procurement for the City
of supplies and services.
The City Manager, with the concurrence of the Director of Finance,
shall implement any necessary rules respecting requisitions and purchase
orders.
[Amended 2-6-2017 by Ord.
No. 17-001]
A. Purchases
and contracts under $15,000. The City Manager, subject to budgetary
appropriations, is authorized to make purchases and contracts in an
amount not to exceed $15,000 without further approval of the City
Council. Such purchases or contracts shall be made consistent with
the authority elsewhere granted the City Manager in this chapter.
B. Sale of
personal property valued at under $1,000. Personal property not exceeding
$1,000 in value may be sold for cash by the City Manager after receiving
competitive quotations therefor, for the best price obtainable, or
may be traded to the vendor of new equipment replacing it. Sale of
personal property may be made via online auction. City Council shall
approve the sale of personal property in excess of $1,000.
A contract may be awarded without competition when the City
Manager determines in writing, after he or she or the Finance Department
has conducted a good faith review of available sources, that there
is only one source for the required supply, service or construction
item. The Finance Department or other appropriate designee of the
City Manager shall conduct negotiations, as appropriate and under
the supervision of the City Manager, as to price, delivery and terms.
A record of sole source procurement shall be maintained as a public
record and shall list each contractor's name, the amount and type
of each contract, a listing of the items procured under each contract
and the date of the contract.
In case of an actual emergency, any officer or department head
may make direct purchase of materials, supplies, equipment or services,
where the immediate procurement thereof is essential to the conduct
of his or her office or department and the delay caused by following
established purchasing procedures would vitally affect the public
health, safety or welfare, provided that a purchase order therefor
shall be filed with and approved by the City Manager as to the existence
of the emergency and shall be likewise approved by the Director of
Finance as to the sufficiency of funds for such purchase, and provided,
further, that the City Manager shall advise Council at its next regular
meeting after the emergency purchase of the circumstances for and
terms of said procurement.
All departmental petty cash funds shall be authorized and approved
by the City Manager. The City Manager shall establish, with the concurrence
of the Director of Finance, a policy and guidelines for the administration
of a departmental petty cash fund. Purchases from petty cash shall
not individually exceed $100. Departmental petty cash funds shall
be reconciled with the City.
[Amended 2-6-2017 by Ord.
No. 17-001]
A. For any
contract that is subject to one or more federal, state or municipal
public policy requirements, whether or not such contract is being
funded in whole or in part by assistance from a federal or state agency,
the Finance Department shall include contract provisions giving the
contractor notice of these requirements, and, where appropriate, shall
include in those contract provisions the requirement that the contractor
give a similar notice to all of its subcontractors.
B. Construction
contracts with the City shall include contract provisions giving the
contractor notice of any labor standards or policies enacted by the
City Council.
C. The City
will comply with the procurement requirements of 2 CFR 200 –
Uniform Grant Guidance, or its successor, when procuring items to
be funded in part or whole with federal funding sources.
It shall be unethical for any City employee to participate directly
or indirectly in a procurement contract, except as provided in Act
317 of the Public Acts of 1968, as amended.
The Mayor and members of Council recognize that high moral and
ethical standards among City officials are essential to the proper
conduct of City affairs and the proper management of City resources.
Thus, to promote and strengthen faith and confidence of the people
of the City in their governing body, the Mayor and members of Council
shall strictly abide by the following provisions:
A. The Mayor and members of Council shall comply with the City's policies
and procedures for reimbursement of expenses. The Mayor and members
of Council when seeking reimbursement shall, at a minimum, provide
a receipt and indicate the date and purpose of the expense.
B. The Mayor and members of Council shall not, at any time, seek payment
or reimbursement for the traveling expenses of spouses, friends, family
members or other third parties traveling with the Mayor or member
of Council on City business.
C. The Mayor, members of Council and all City employees shall not, at
any time or on any occasion, pay for or seek reimbursement for alcoholic
beverages with City funds.
D. The Mayor and members of Council shall not accept gifts of membership
in fraternal or social organizations.
E. The City of Monroe shall not lease or buy a motorized vehicle for
the Mayor or for any member of Council. However, the Mayor and City
Council shall be entitled to mileage reimbursement at the same rate
as other City employees.
F. The Mayor and members of Council shall not accept anything of value
which may tend to influence them in the discharge of their duties.