[1]
Editor's Note: Ord. No. 661, § 1, approved September 12, 1990, deleted the article title and §§ 6-44, 6-50, 6-51, and § 6-58 in their entirety and enacted new provisions therefor. Former art. IX, purchases, and §§ 6-44, 6-50, 6-51 and § 6-58 derived from Ord. No. 629, § 2; Ord. No. 331, § 1, adopted February 28, 1979; Ord. No. 332, § 1, adopted February 28, 1979; and Ord. No. 451, § 1, adopted June 8, 1983.
[Ord. No. 661, § 1, 9-12-1990; Ord. No. 1103, § XIV, 11-25-2014; Ord. No. 1220, § I, 10-8-2019]
A. 
There is hereby established in this City the Department of Purchase, the head of which shall be appointed by the Mayor, and shall be known as the "Purchasing Agent." The Purchasing Agent shall be the chief procurement officer as defined in MGL c. 30B.
B. 
Before the Purchasing Agent shall enter upon the duties of their office, they shall swear to the faithful performance thereof. The Purchasing Agent will hold office until a successor shall have been appointed and sworn in.
[Ord. No. 1332, 11-13-2025]
[Ord. No. 629, § 2; Ord. No. 332, § 1, 2-28-1979; Ord. No. 451, § 1, 6-8-1983; Ord. No. 1103, § XV, 11-25-2014; Ord. No. 1332, 11-13-2025]
The Purchasing Agent may be removed solely by the Mayor only for cause.
[Ord. No. 629, § 2; Ord. No. 451, § 1, 6-8-1983; Ord. No. 1103, § XVI, 11-25-2014; Ord. No. 1332, 11-13-2025]
If a vacancy in the office of Purchasing Agent exists, such vacancy shall be filled solely by the Mayor as soon as possible. The Purchasing Agent, however, shall assume control over the purchase of supplies, materials, equipment and contractual services, as defined in Section 6-48, of the various using agencies as, in their discretion, convenience permits.
[1]
Editor's Note: Former Sec. 6-47, Examining records of purchasing agent, adopted by Ord. No. 629, § 2, as amended by Ord. No. 451, § 1, 6-8-1983, was repealed 11-13-2025 by Ord. No. 1332.
[Ord. No. 629, § 2; Ord. No. 451, § 1, 6-8-1983; Ord. No. 1332, 11-13-2025]
It shall be the duty of the Purchasing Agent to purchase or contract for all supplies, materials, equipment or contractual services needed by any and all departments of the City. Contractual services, for the purpose of this article, shall not be construed to mean the hiring of departmental personnel.
[Ord. No. 629, § 2; Ord. No. 451, § 1, 6-8-1983]
All using agencies of the City shall file with the Purchasing Agent detailed estimates of their requirements in supplies, materials, equipment and contractual services in such manner, at such times and for such future periods as the Purchasing Agent shall prescribe. The requirement for preparing estimates shall not prevent any using agency from filing with the Purchasing Agent at any time a justifiable requisition for any supplies, material, equipment or contractual services, as defined in Section 6-48, the need for which was not foreseen when the detailed estimates were filed. The head of each department shall file with the Department of Purchase the name or names of members of their department who shall be authorized to approve requisitions.
[Ord. No. 661, § 1, 9-12-1990]
The provisions of MGL c. 30B shall apply to every contract for the procurement of supplies, services or real property and for disposing of supplies or real property by the City.
[Ord. No. 629, § 2; Ord. No. 451, § 1, 6-8-1983; Ord. No. 1332, 11-13-2025]
The only exception to the purchasing procedure outlined in Section 6-50 shall be due to emergencies where the immediate procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health or convenience of citizens, or rising market conditions, and in such cases a detailed report shall be filed by the Purchasing Agent with the Mayor and shall be made available to the public. If the services of the Department of Purchase are not available, the head or heads or those authorized by any and all using agencies may, in the case of emergency, purchase directly any supplies, materials, equipment or contractual services, as defined in Section 6-48, whose immediate procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health or convenience of citizens. The head of any using agency making such emergency purchase shall send, within 72 hours or sooner, if possible, to the Purchasing Agent a requisition and a copy of the delivery slip, together with a full explanation of the circumstances of the emergency, which shall be filed by the Purchasing Agent as a permanent and public record of the purchase. The Purchasing Agent shall establish, with the approval of the Mayor, rules and regulations prescribing the procedure under which emergency purchases may be made.
[Ord. No. 629, § 2; Ord. No. 451, § 1, 6-8-1983]
The Purchasing Agent shall inspect, supervise or authorize the inspection of all deliveries of supplies, materials, equipment or contractual services, as defined in Section 6-48, to determine conformance with the specifications set forth in the order or contract. Any department having the staff and facilities for adequate inspection may be authorized by the Purchasing Agent to inspect all deliveries made to such using agencies under rules and regulations which the Purchasing Agent shall establish. The Purchasing Agent shall have authority to prescribe the chemical and physical tests of samples submitted with bids and samples of deliveries to determine their quality and conformance with the City's specifications. In the performance of such tests, the Purchasing Agent shall have the authority to make use of the laboratory facilities of any agency of the City government or any outside laboratory.
[1]
Editor's Note: Former Sec. 6-54, Storerooms and warehouses; maintenance of inventory system, adopted by Ord. No. 627, § 2, as amended by Ord. No. 451, § 1, 6-8-1983, was repealed 11-13-2025 by Ord. No. 1332.
[Ord. No. 629, § 2; Ord. No. 451, § 1, 6-8-1983]
A. 
The Purchasing Agent shall prepare, and from time to time amend, all rules and regulations authorized by this article and any others necessary to its operations. Such rules and regulations and amendments thereto shall be subject to the approval of the Mayor. Where the best interest of any department may be served thereby, the Purchasing Agent may, in their discretion and with the approval of the Mayor, delegate authority to purchase within the department. All such transactions shall clear through the purchasing department in accordance with the rules and regulations established by the Purchasing Agent.
B. 
The Purchasing Agent may suggest, from time to time, recommendations for changes in this article which they deem necessary.
[1]
Editor's Note: Former Sec. 6-56, Preparation and adoption of standards and specifications, adopted by Ord. No. 629, § 2, as amended by Ord. No. 451, § 1, 6-8-1983, was repealed 11-13-2025 by Ord. No. 1332.
[Ord. No. 629, § 2; Ord. No. 451, § 1, 6-8-1983]
Except in cases of emergency, in which they shall within 72 hours or sooner, if possible, notify the City Auditor of such purchase, the Purchasing Agent shall not issue any order for delivery on a contract or any open market order unless and until the City Auditor certifies that there is to the credit of each of the using agencies concerned a sufficient appropriation balance, in excess of all unpaid obligations, to defray the cost of such supplies, materials, equipment or contractual services.
[Ord. No. 661, § 1, 9-12-1990]
A. 
It shall be the duty of the Department of Purchase or its authorized agent whenever any property belonging to the City, except real estate, shall have become obsolete, disused, worn out or scrapped, to take charge and control of such property and to keep an inventory of all such items.
B. 
All responsible administrative heads of each department and boards in connection with the City shall furnish to the Department of Purchase, at such times and in such form as the Purchasing Agent shall prescribe, reports of all materials, supplies or equipment which are no longer used or which have become obsolete, disused, worn out or scrapped. In the event any of the materials, equipment or supplies can be used by any other municipal department, the Department of Purchase is authorized to make such material or equipment available for use in that department. In the event that the material or equipment, because of its nature or condition, can no longer be used for municipal purposes, the Department of Purchase is authorized to trade it in for new equipment or to sell or dispose of the same, pursuant to the provisions of MGL c. 30B. The proceeds of all sales under this section shall be paid into the hands of the City Treasurer in cash or certified check at the time of transfer.
[Ord. No. 1332, 11-13-2025]
[Ord. No. 629, § 2; Ord. No. 451, § 1, 6-8-1983; Ord. No. 1332, 11-13-2025]
The Purchasing Agent shall certify that all invoices received by departments have been procured in accordance with the provisions of MGL c. 30B, MGL c. 149, MGL c. 7 and MGL c. 30, § 39M, as well as the City's own policies and procedures.
[Ord. No. 629, § 2; Ord. No. 451, § 1, 6-8-1983]
This article will apply to all purchases and contracts only insofar as it does not conflict with any prevailing state or federal statutes applicable to the City.
[Ord. No. 629, § 2; Ord. No. 451, § 1, 6-8-1983]
The Purchasing Agent shall have power and authority to call upon the head of any department or member thereof to furnish information essential to the proper operation of all functions under this article.
[Ord. No. 629, § 2; Ord. No. 451, § 1, 6-8-1983]
It shall constitute official misconduct on the part of any public official or other employee to split or divide any requisition of supplies, materials or equipment or contractual services into two or more units for the purpose of evading the contract provisions of this article, or to violate the procedure as outlined in any section hereof.