There is hereby established in the administrative service of
the City of Gardner the Purchasing/Civil Enforcement Department and,
in said Department, the office of City Purchasing Agent/Civil Enforcement
Director, hereinafter referred to as "Director."
The Purchasing Agent/Civil Enforcement Director shall direct,
supervise and have control of the Purchasing/Civil Enforcement Department.
The Purchasing Agent/Civil Enforcement Director shall have all powers
and duties prescribed by this chapter and shall serve as the City's
Chief Procurement Officer (CPO) and Affirmative Marketing Construction
Officer. The Purchasing Agent/Civil Enforcement Director shall be
responsible for all purchases and contractual services and all sales
of property. The Purchasing Agent/Civil Enforcement Director shall
be responsible for the tracking, recordkeeping and collection of parking,
animal control and civil violations and act as the Parking Clerk.
The Purchasing Agent/Civil Enforcement Director shall serve as the
City's Municipal Hearing Officer.
Except as herein provided or specifically authorized by the
Purchasing Agent/CPO, it shall be unlawful for any City employee or
City official to purchase any supplies or services other than through
the Purchasing Department and in accordance with this chapter.
If all bids received are for the same total amount or unit price,
quality and service being equal, the contract shall be awarded to
a local bidder, "local bidder" defined as having its corporate/home
office in the City Gardner. If no local bidder exists, the Purchasing
Agent shall award the contract to one of the tie bidders by drawing
lots in public.
Upon receipt of a written protest of an award made by the Chief
Procurement Officer, the matter shall be reviewed by the Chief Procurement
Officer and a determination made to:
A. Reject the bid protest on grounds the protest fails to prove a violation
of the Massachusetts Uniform Procurement Act and continue with the
award of a contract; or
B. Uphold the bid protest on grounds the protest proves a violation
of the Massachusetts Uniform Procurement Act and conduct a new procurement.
The Purchasing Agent shall have the authority to join other
units of government (federal, state, county, municipal and municipal
subdivisions, including such quasi-municipal agencies as water districts,
sewer districts, etc.) in cooperative purchasing plans when the best
interest of the City would be served thereby and such action is in
accordance with and pursuant to prevailing General Laws.
The Purchasing Agent shall perform such other duties related
to the functions, duties and authorities set forth herein as may be
prescribed by the Mayor or any applicable state or local laws and
ordinances.
The Chief Procurement Officer shall conduct requests for proposals,
including oversight of the solicitation, opening and evaluation of
proposals and award of contract, in accordance with the authority
delegated by MGL c. 30B.
[Amended 11-18-2013 by Ord. No. 1563]
The Affirmative Marketing Construction Officer shall serve as
the City's liaison with the Supplier Diversity Office and be
responsible for all reporting in compliance with MGL c. 93.
[Amended 11-18-2013 by Ord. No. 1563]
The Municipal Hearing Officer shall conduct local hearings of
code violations pursuant to and in compliance with MGL c. 148A (Code
Enforcement Officer). The Municipal Hearing Officer shall conduct
such hearings using formal rules established under MGL c. 148A and
shall render a written decision to the appropriate parties.