[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.
B. Invite bids whenever competitive bidding is required by §
SC16-3 of this Article and conduct the competitive bidding procedure established by the Council under §
SC16-4 of this Article.
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.
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.