[Added 1962 by Res. No. 11 as Secs. 144A
through 144J; amended 6-3-1963 by Res. No. 21; 8-10-1981 by Res. No.
225; 7-22-1996 by Res. No. 533; 2-14-2000 by Res. No. 693]
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Editor's Note: Resolution No. 11, adopted in 1962, repealed the sections in this charter initially numbered 26, 27, 28, 124, 130, 144, and 154, and enacted this Article XVI.
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The preamble to Res. No. 11 was as follows:
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"Whereas, under present Charter provisions, the Executive Secretary
to the Mayor is also purchasing agent for the City, but because of
the pressure of other important duties has been unable to devote the
time necessary to do an effective purchasing job, and has with Council
approval decentralized the purchasing activity; and
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"Whereas, the Council believes that the City, because of the
size of its budget and the many functions and services it performs,
can no longer operate effectively and economically without centralized
purchasing under the direction of a full time qualified purchasing
agent, and the Council believes that among the many advantages of
modern centralized purchasing procedure are the following: centralization
of authority over purchases; employment of competent purchasing personnel;
standardization of specifications to reduce commodities to a minimum
and assure the quality of goods; consolidation of requirements into
bulk purchases in order to obtain quantity prices; stimulation of
competitive bidding to reduce prices; inspection and testing of goods
delivered to enforce compliance with specifications and terms of contracts;
centralized control over supplies in storerooms and warehouses; centralized
control over excess, obsolete, and salvage goods; prompt payment of
bills, thereby earning cash discounts; transfer of usable supplies
from one using agency to another; elimination of unnecessary purchases;
elimination of unnecessary paper work; and elimination of favoritism
and connivance in public purchasing; and
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"Whereas, provisions relating to purchasing and public contracts
are contained in several articles of the City's Charter, and the Council
believes that it would be desirable in the interest of clarity to
repeal same and enact a new article collecting and containing the
provisions relative thereto, and including a provision for the establishment
and perpetuation of a permanent inventory of city property."
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The preamble to Res. No. 21, adopted 6-3-1963, was as follows:
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"Whereas since Subsection 6 of Section 144C of the Charter became
effective on July 17, 1962, experience has demonstrated that the offering
of surplus City real estate for sale or lease pursuant to public competitive
bids frequently accomplishes nothing because no bids are received;
and the result in such cases is to inhibit desirable private development
of said properties because the City is prevented from negotiating
with interested individuals for their acquisition and development
thereof; and
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"Whereas, the Council therefore believes it desirable and in
the public interest that said Subsection 6 of Section 144C be repealed
and re-enacted in order to provide that surplus City real estate which
the Council determines properly should be sold or otherwise disposed
of shall first be offered publicly for competitive bidding on reasonable
terms to be fixed by the Council, and if such offering produces no
acceptable bid, that same may then be sold or otherwise disposed of
pursuant to a negotiated contract without competitive bidding within
a period of six (6) months following the bidding date."
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[Amended 5-23-2005 by Res. No. 1247; 4-10-2006 by Res. No.
1395; 9-11-2017 by Res. No. 2017-8]
A.
There shall be a Department of Procurement. A Director of Procurement
shall be recommended for appointment by the Deputy City Administrator
and appointed by the Mayor as provided in § SC3-4.C of the
City Charter.
B.
Under the authority of the Mayor and the supervision of the Deputy
City Administrator, the Director of Procurement 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 in loss to the city. The Council by ordinance shall fix,
and from time to time may change, the maximum amount of any such direct
purchase, provided that such maximum authorized amount shall in no
event exceed the maximum direct purchase amount set by the Ordinance
of the Council, from time to time. The Director of Procurement shall
issue regulations controlling the procedure for such direct purchasing.
C.
Except for such contracts to sell public debt securities and such
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 Director of Procurement or their authorized designee,
and the City Administrator shall pay out no city funds for any contract
or purchase unless so approved.
[Amended 5-23-2005 by Res. No. 1247; 4-10-2006 by Res. No.
1395; 9-11-2017 by Res. No. 2017-8]
Under the authority of the Mayor and the supervision
of the Deputy City Administrator, the Director of Procurement shall:
A.
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 appropriation
to be charged therefore.[1]
[1]
Editor's Note: So in original. Probably should
be "therefor."
C.
Enforce accounting control of each city purchase or contract as required by § SC16-6 of this Article and refuse to approve any purchase or contract involving any over expenditure prohibited thereby.
D.
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, except that any specifications fixed by the Board of Standardization created by § SC16-7 of this Article shall have precedence and be controlling.
E.
Through appropriate city offices, agencies or department
see that all supplies, materials, equipment and services delivered
to or performed for the city meet such specifications and arrange
for the storage and proper care and custody of city property.
F.
Authorize the transfer of surplus or unused city property
to or between city offices, departments or agencies.
G.
From time to time recommend to the Mayor and Council
the sale or other disposition of surplus, obsolete or unused city
property and obtain expert appraisal(s) thereof or estimate its value
using his or her best information and judgment.
H.
Perform such other functions related to purchasing
or the city's fiscal and financial affairs as the Mayor or 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 contract or any contract to sell
any property, except in the following cases where competitive bidding
procedures are not necessary or appropriate:
[Amended 9-11-2017 by Res. No. 2017-8]
(1)
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)
Any single purchase or sale not exceeding an amount
set by Ordinance of the Council from time to time.
(3)
Contracts for professional services or for personal
services requiring special training and skill.
(4)
Contracts for insurance or for public utility services.
(5)
Recording charges, court costs and other regular fees
and charges required by general law to be paid to particular persons
or public officials; charters for the printing or public notices and
advertisements required by law; postage, payroll taxes and other applicable
governmental charges or levies; and travel and other like expense,
membership dues and subscriptions to publications.
(6)
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 term beyond three (3) years or other disposition
of surplus real property owned by the city shall be excepted and exempt
from competitive bidding procedures only if waived by resolution of
Council or if first offered for competitive public bidding at such
time, after such public notice and subject to such bidding terms and
conditions as the Council shall fix in its sole discretion and 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 such 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.
[Amended 8-24-2020 by Res. No. 2020-5]
(7)
Contracts for the hire of chattels, or contracts for
the purchase of special machinery and equipment and maintenance or
replacement parts therefor, or other special materials and supplies,
having an exclusive source of supply, provided that in each instance
the hire of such chattels or purchase of such special item has first
been approved by the Board of Standardization created by § SCI6-7
of this Article.
(8)
Construction, maintenance or repair of public works
by the city's own employees in any amount, or by hired labor, but
in the latter case not to exceed an amount set by Ordinance of the
Council from time to time for labor cost in any single instance.
(9)
Contracts in which the City receives a contract price
negotiated by the State, County, or other governmental entity pursuant
to a valid contract.
(10)
Contracts for perishable goods purchased in small quantities such
as animal food products and nutritional supplements.
[Added 2-24-2020 by Res. No. 2020-1]
(11)
Contracts for entertainers, performers, artists, musicians, actors,
speakers and other talent providers necessary to conduct budgeted
Citv of Salisbury events.
[Added 2-24-2020 by Res. No. 2020-1]
B.
Contracts shall be let to the lowest evaluated 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.
[Amended 3-24-2014 by Res. No. 2348]
C.
In the evaluation of contracts for the construction of public works
and the purchase of materials, services and supplies, the City may
offer procurement preferences for businesses located in Salisbury,
Maryland and other businesses that qualify to receive preference in
contracts with the State under Maryland Law.
[Added 3-24-2014 by Res. No. 2348]
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 an amount set by Ordinance of the Council from
time to time.
Council approval shall only be required for
unbudgeted capital items and contracts in excess of an amount set
by Ordinance of the Council from time to time.
[Amended 4-10-2006 by Res. No. 1395; 9-11-2017 by Res. No. 2017-8]
Whenever competitive bidding is not required by § SC16-3 of this Article for any purchase, contract or sale to which this Article applies, same shall be controlled, processed and handled for the city by the Director of Procurement under the rules and regulation issued by him or her and after consultation with the head of each city office, agency or department affected thereby regarding detailed terms, conditions and provisions applicable thereto. Such purchases, contracts and sales shall be subject to all other provisions of this Article.
[Amended 5-23-2005 by Res. No. 1247; 4-10-2006 by Res. No.
1395; 9-11-2017 by Res. No. 2017-8]
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 and until the Director
of Procurement 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.
[Amended 5-23-2005 by Res. No. 1247; 4-10-2006 by Res. No.
1395; 9-11-2017 by Res. No. 2017-8]
There shall be a Board of Standardization in
the Department of Procurement, and such Board shall be composed of
the City Administrator, the President of the Council, the head of
the city office, agency or department affected, the Director of Procurement
and one (1) person, not a city official, possessing professional or
business experience, who shall be appointed by the Mayor and serve
at his or her pleasure. The members of this Board shall receive no
compensation for their services thereon. It shall be the duty of this
Board to review and recommend to the Council adoption of such policies,
procedures, rules and regulations, contract conditions, forms of agreement,
etc., prepared by the Director of Procurement which he or she deems
necessary to carry out the general purchasing policy of the city.
The Board, after full hearing and consideration and by affirmative
vote of at least a majority of its full membership, may approve the
materials and supplies, having an exclusive source of supply, and
may approve the hiring of particular chattels without competitive
bidding.
[Amended 5-23-2005 by Res. No. 1247; 4-10-2006 by Res. No.
1395; 9-11-2017 by Res. No. 2017-8]
Surplus, obsolete or unused city property listed
on the city's capital assets inventory shall be sold or otherwise
disposed of only upon recommendation of the Director of Procurement
and after approval of the Council. If saleable, such property shall
be sold for the city's account by the Department of Procurement, subject
to the applicable provisions of this Article as to competitive bidding;
but if not saleable may be abandoned, destroyed or otherwise disposed
of.
[Amended 4-10-2006 by Res. No. 1395; 9-11-2017 by Res. No. 2017-8]
The provisions of this Article shall not apply to the sale or other disposition of urban renewal property, which shall be governed by the provisions of Article XIII of this Charter, except that the Director of Procurement shall conduct such sales or other disposition of such urban renewal property for the city pursuant to said Article XIII.
[Amended 5-23-2005 by Res. No. 1247; 4-10-2006 by Res. No.
1395; 9-11-2017 by Res. No. 2017-8]
The Director of Finance shall prepare, prior
to January 1, of each year, and maintain a permanent and perpetual
inventory of all city properties classified as capital items (as distinguished
from articles or materials and supplies consumed, converted or destroyed
in their use or utilization), and such inventory shall show the location
of such properties of the office, department or agency head and thereafter
shall require from each of them an annual report showing all gains
and losses since last report. The Director of Finance shall
maintain in his or her office an independent record of all purchases
and sales, shall at least annually audit the inventory by checking
departmental records and reports against his or her independent records
and by field check of city properties and shall report in writing
to the Mayor and Council any discrepancies.
