[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]
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 Massachusetts General Laws, Chapter 30B.
Before the purchasing agent shall enter upon the duties of his
office, he shall swear to the faithful performance thereof. The purchasing
agent will hold office until his successor shall have been appointed
and sworn in.
[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]
The Purchasing Agent may be removed solely by the Mayor for
cause.
[Ord. No. 629, § 2; Ord. No. 451, § 1,
6-8-1983; Ord. No. 1103, § XVI, 11-25-2014]
After the original appointment of a purchasing agent, if a vacancy in such office 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 his discretion, convenience permits.
[Ord. No. 629, § 2; Ord. No. 451, § 1,
6-8-1983]
At least once a year, the city accountant will examine and audit
the records of the department of purchase which are within the framework
of this article.
[Ord. No. 629, § 2; Ord. No. 451, § 1,
6-8-1983]
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 be construed to mean surety
bonds, all forms of insurance, printing work, the purchase of gas
and electricity, towel and cleaning services, the repair and maintenance
of equipment, including office, construction equipment and other city
vehicles, data processing and other city equipment, rentals of machinery
and equipment and all similar contractual services. 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 his department who shall be authorized to approve requisitions.
[Ord. No. 661, § 1, 9-12-1990]
The provisions of Massachusetts General Laws, Chapter 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]
The only exception to the purchasing procedure outlined in sections 6-50 and 6-51 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.
[Ord. No. 629, § 2; Ord. No. 451, § 1,
6-8-1983]
The purchasing agent shall assume control and supervision of
any and all present storerooms and warehouses and any which may hereafter
be established except as he may delegate such authority to any department
having the staff and facilities to perform these duties. The purchasing
agent shall be responsible and accountable for all supplies, materials
and equipment under his control and shall maintain a perpetual inventory
system thereof. Such assumption of control shall take place as soon
as convenience allows, in the discretion of the purchasing agent.
[Ord. No. 629, § 2; Ord. No. 451, § 1,
6-8-1983]
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 his 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.
The purchasing agent may suggest, from time to time, recommendations
for changes in this article which he deems necessary.
[Ord. No. 629, § 2; Ord. No. 451, § 1,
6-8-1983]
It shall be the duty of the purchasing agent to classify all
the supplies, materials and equipment used by the various departments
of the city government; to adopt standards as to the minimum number,
qualities, sizes and varieties of commodities consistent with the
successful operation of the city government and prepare, adopt, promulgate
and enforce written specifications of all such standard commodities
which are used in common by two or more city agencies. All specifications
must be definite and certain and permit of competition.
The department of purchase shall have power to make use of the
laboratory and engineering facilities of the city and the technical
staffs thereof in connection with its work of preparing and adopting
standards and specifications. After its adoption, each standard specification
shall, until revised or rescinded, apply alike in terms and effect
to every future purchase and contract for the commodity prescribed
in such specification. As rapidly as any class of supplies, materials
or equipment shall become standardized it shall be the duty of the
department of purchase to establish standards arrived at as the basis
of specifications by which such supplies, materials or equipment shall
be purchased.
The department of purchase shall invite into conference the
city solicitor and two department heads or their duly authorized representatives,
one of whom shall be the representative of the department most vitally
affected, for advice in the preparation of standards and specifications
for the purchase of any supplies, materials and equipment required
by the using agencies.
[Ord. No. 629, § 2; Ord. No. 451, § 1,
6-8-1983]
Except in cases of emergency, in which he 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]
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.
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 by transfer with property notification to the city
auditor. 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 Massachusetts
General Laws, Chapter 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. 629, § 2; Ord. No. 451, § 1,
6-8-1983]
The purchasing agent shall certify all bills incurred by the
department of purchase in the following manner:
(1)
That the material, supplies, equipment or contractual services have
been received;
(2)
That the quality of materials, supplies, equipment or contractual
services is in accordance with specifications of purchase;
(3)
That all unit prices charged are fair and correct.
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The purchasing agent shall forward all bills along with the
receiving report for verification of the correctness of extensions
and the total amounts for scheduling and for approval for payment.
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[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.
