A.
When the Council deems it advisable, it may establish a Central Purchasing
Department headed by a Purchasing Agent; he shall be appointed by
the Council upon recommendation of the Council President. His compensation
shall be determined by the Council. The position may be held by the
City Manager or other city officials; provided, however, that it may
not be held by any official holding office as City Treasurer or Deputy
Treasurer or one performing duties in the office of the City Treasurer.
B.
Under the supervision of the Council, the Purchasing Agent shall
make all city purchases and sales and shall make or approve all city
contracts, except contracts to sell city bonds or other evidences
of the city's public debt, and except that the Council by ordinance
may permit direct purchasing by any office, department or agency of
minor items where immediate procurement is necessary to prevent delays
in its work and resulting loss to the city. The Council shall, in
such ordinances, fix the maximum amount of any such direct purchase.
The Purchasing Agent shall issue regulations controlling the procedure
for such direct purchasing.
C.
Except for such contracts to sell public debt securities and such
authorized direct purchases, no city purchase or contract for any
purchase or sale or other contract shall be valid or enforceable unless
approved in writing by the Purchasing Agent, and the City Treasurer
shall pay out no city funds for any contract or purchase unless so
approved.
Under the supervision of the Council, the Purchasing Agent shall:
A.
Receiving requisitions. Receive written requisitions or statements
from the head of each city office, department or agency, specifying
the public work done or to be done by it, or identifying the materials,
equipment, supplies or services required by it, and authorizing its
appropriations to be charged therefor.
C.
Accounting control. Enforce accounting control of each city purchase or contract as required by § FC12-6 of this Article and refuse to approve any purchase or contract involving any over-expenditure prohibited thereby.
D.
Reports. Submit monthly to the Council a written report in summary
form of all purchases, contracts and sales and specify therein any
and every violation or attempted violation of the provisions of this
Article.
E.
Establishment and enforcement of specifications. After consulting
the head of each city office, agency or department affected thereby,
establish and enforce specifications, with respect to supplies, materials,
equipment and services required by it. In the event of any dispute
between the Purchasing Agent and the head of any office, agency or
department, with respect to specifications, the matter shall be referred
to the Council President who shall make the final decision.
F.
Storage, etc., of city property. Establish procedures to ensure that
all supplies, materials, equipment and services delivered to or performed
for the city meet such specifications and arrange for the proper storage,
care and custody of city property directly or through the head of
the Department of Parks and Public Property.
G.
Transfer of surplus property. Authorize the transfer of surplus or
unused city property to or between city offices, departments or agencies.
H.
Disposition of surplus property. From time to time recommend to the
Council the sale or other disposition of surplus, obsolete or unused
city property and obtain expert appraisals thereof or estimate its
value using his best information and judgment.
I.
Other functions. Perform such other functions related to purchasing
or the city's fiscal and financial affairs as the Council may
require.
A.
To secure economy in the construction of public works and the purchase
of materials and supplies needed by the city, to prevent collusion,
fraud, favoritism and extravagance in public contracts, and to ensure
that all interested persons will be given fair and equal opportunity
to participate, the general policy of the city shall be to afford
ample opportunity for competitive bidding before making any city purchase
or public works contracts or any contract to sell any city property,
except in the following cases where competitive bidding procedures
are not necessary or appropriate:
(1)
Emergency. The occurrence of an actual emergency, which is hereby
defined to mean a situation which has suddenly and unexpectedly arisen
and which requires immediate action in the public interest.
(2)
Purchases less than three hundred dollars ($300.). Any single purchase
or sale not exceeding three hundred dollars ($300.) in amount.
(3)
Services requiring special training, etc. Contracts for professional
services or for personal services requiring special training and skill.
(4)
Insurance; public utility services. Contracts for insurance or for
public utility services.
(5)
Required fees, etc. Recording charges, court costs and other regular
fees and charges required by general law to be paid to particular
persons or public officials; charges for the printing of public notices
and advertisements required by law; postage, payroll taxes and other
applicable governmental charges or levies; and travel and other like
expenses, membership dues and subscriptions to publications.
(6)
Real property. Contracts for the purchase, exchange, renting, leasing
or acquisition of real property by the city and contracts for the
sale, exchange, renting, leasing or other disposition of surplus real
property owned by the city; provided, however, that contracts for
the sale, leasing for a term beyond three (3) years or other disposition
of surplus real property owned by the city shall be expected and exempt
from competitive bidding procedures only if, after being duly advertised
for bids, such bidding fails to produce a proposal acceptable to the
Council in its sole discretion and if made within a period of six
(6) months following the bidding date. In every public offering of
surplus city real property for sale, leasing for a term beyond three
(3) years or other disposition, the Council shall reserve the right
to reject any and all bids and may, in its discretion, establish a
price or rental terms below which no bid will be considered or accepted.
(7)
One (1) source of supply. Contracts for purchase of materials or
equipment for which there is only one (1) known supplier, provided
that before any such purchase, the Purchasing Agent shall delineate
his efforts to locate a second source of supply.
(8)
Construction, etc., of public works. Construction, maintenance or
repair of public works by the city's own employees or by prison
labor when available in any amount or by hired labor where such labor
cost shall not exceed one thousand five hundred dollars ($1,500.).
(9)
Unit price. Where an agreed unit price has been negotiated for services
or materials on an as-required basis, such as house connections for
water or sewer.
B.
Contracts shall be let to the lowest and best bid in the case of
purchases, or the highest and best bid in the case of sales, except
that the city in every instance shall reserve the right to reject
any or all bids, waive any irregularities and make the award in the
best interests of the city.
The Council shall provide by ordinance the rules and regulations
for competitive bidding and by ordinance may authorize informal bidding
procedures in the case of any single contract, purchase or sale not
exceeding three hundred dollars ($300.) in amount.
Whenever competitive bidding is not required for any purchase, contract or sale to which this Article applies, same shall be controlled, processed and handled by the Purchasing Agent under rules and regulations issued by him and after consultation with the head of each office, agency or department affected thereby regarding detailed terms, conditions and provisions applicable thereto. Such purchases, contracts and sales shall be submitted to the Council for its prior approval, except in the cases enumerated in § FC12-3A(1), (2), (4) and (9).
All purchases and contracts made for the city shall be made
pursuant to a written requisition from the head of the office, department
or agency whose appropriation will be charged. No purchase or contract
shall be made for the city unless there is to the credit of such office,
department or agency a sufficient unencumbered appropriation balance
to cover the cost of such purchase or contract; and, after such office,
department or agency has spent or encumbered three-fourths (3/4) of
its appropriation for the budget year, no further purchase or contract
shall be made for it unless the City Treasurer certifies the existence
of such sufficient balance. Nothing in this section, however, shall
apply to purchases or contracts which are to be financed by the issuance
or sale of bonds or to payments which are deferred until a future
budget year or years.
Surplus, obsolete or unused city property shall be sold or otherwise
disposed of only upon recommendation of the Purchasing Agent and after
approval of the Council in each instance. If salable, such property
shall be sold for the city's account by the Purchasing Agent,
subject to the applicable provisions of this Article as to competitive
bidding, but, if not salable, may be abandoned, destroyed or otherwise
disposed of as determined by the Council. This section shall not apply
where contrary or different provisions are included in the laws, rules
or regulations governing any program or project financed by federal
or state funds.
