[HISTORY: Adopted by the City Council of the City of Gardner 9-6-2011 by Ord. No.
1530. Amendments noted where applicable.]
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.
A.
The Purchasing Agent/Civil Enforcement Director shall be appointed
by the Mayor for a term of three years, subject to confirmation by
the City Council.
C.
Persons employed in the Purchasing/Civil Enforcement Department shall
be under the direct supervision of the Purchasing Agent/Civil Enforcement
Director.
A.
The Purchasing Agent shall:
(1)
Apply
the provisions of Massachusetts Uniform Public Procurement Laws to
all purchases, orders and contracts for the City of Gardner, utilizing
rules of procedure established by the Purchasing Agent as necessary
to conform to all aspects of state and federal procurement laws and
regulations. Such purchases, orders and contracts shall include procurement
of supplies, services, construction and repairs to public buildings,
public works projects, design and engineering services, and the acquisition
and disposition of real property and personal property.
(2)
Ensure
that all specifications be definite and certain and shall permit open
and fair competition; provided, however, that the provisions of this
subsection shall not apply to noncompetitive purchases or contracts.
(3)
Act
to procure for the City the highest quality supplies and contractual
services, incurring the least expense to the City.
(4)
Endeavor
to obtain as full and open competition as possible on all purchases
and sales.
(5)
Serve
as the City's Affirmative Marketing Construction Officer in cooperation
with the Massachusetts Supplier Diversity Office.
[Amended 11-18-2013 by Ord. No. 1563]
B.
The Purchasing Agent is authorized to promulgate regulations, policies
and procedures consistent with the intent of this chapter, subject
to prevailing general laws.
C.
The Purchasing Agent/Civil Enforcement Director shall
(1)
Serve
as the Parking Clerk in accordance with MGL c. 90, §§ 20A
1/2 to 20E. The Parking Clerk shall be responsible for the supervision
and processing of parking violations, conducting informal hearings
for violation appeals, and reporting overdue violations to the Registry
of Motor Vehicles. The Parking Clerk shall be responsible for contracting
with a state-approved vendor for coordination with the Registry of
Motor Vehicles.
(2)
Oversee
the input, computerized tracking, management and reporting of all
noncriminal fines and penalties from initial imposition through collection.
(3)
Serve
as the City's Municipal Hearing Officer in accordance with MGL
c. 148A, Code Enforcement Officer. The Municipal Hearing Officer shall
conduct requested hearings of code violations pursuant to this chapter
and shall be compensated as provided under MGL c. 148A, § 5.
[Amended 11-18-2013 by Ord. No. 1563]
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.
A.
Personal property shall be declared scrap or surplus by the functional
department head. No tangible personal property, whether the same is
controlled by any department, board or otherwise, shall be sold, alienated
or otherwise disposed of except upon the written approval of the City
Council committee having charge of matters concerning such department,
board or otherwise and with the written approval of the Mayor.
B.
Real property shall be declared surplus by a vote of the City Council
with the approval of the Mayor. No real estate, whether the same is
controlled by any department, board or otherwise, shall be sold, alienated
or otherwise disposed of except with the approval of the City Council
and Mayor.
A.
The Purchasing Agent shall have the authority to award contracts
within the purview of this chapter and shall have the authority to
determine responsibility of bidders.
B.
The Purchasing Agent shall have the authority to declare vendors
as irresponsible bidders and to disqualify them from receiving any
orders or contract awards from the municipality.
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.
