[Ord. 8, passed 3-9-2004]
The provisions of Mass. Gen. Laws Ch. 30B (hereinafter "Chapter
30B") are incorporated by reference into this chapter. The City Manager
is hereby designated as the Chief Procurement Officer for all purposes
pursuant to this chapter. The Purchasing Agent shall exercise general
authority over the procurement process as set out in the General Laws
and pursuant to this chapter and such additional responsibilities
as may be delegated to him or her from time to time by the City Manager.
Any power, authority, judgment, determination, control, supervision,
or discretion that may be exercised by the Purchasing Agent under
this chapter, or any policies and procedures established from time
to time by the Purchasing Agent with the approval of the City Manager,
may also be exercised by the City Manager, at his or her election.
[Ord. 8, passed 3-9-2004]
Every contract for goods, materials, supplies, equipment, furnishings
(hereinafter referred to as "supplies" as such term is defined in
Mass. Gen. Laws Ch. 30B) or for contractual services (hereinafter
referred to as "services" as such term is defined in Mass. Gen. Laws
Ch. 30B), or for the acquisition of interests in real property, and
every contract for disposal of supplies or interests in real property
by any department of the City shall be procured in accordance with
this chapter and Mass. Gen. Laws Ch. 30B. All invitations for bids,
requests for proposals or purchase orders to be issued by the City
shall be approved in writing by the originating department head and
shall be forwarded to the Purchasing Department for approval and issuance
by the Purchasing Agent. In the case of a request for proposals for
supplies or services, the originating department head shall provide
a supporting memorandum setting out in full the reasons why the selection
of the most advantageous offer for such supplies or services requires
the comparative judgement of factors in addition to price. The Chief
Procurement Officer shall determine in writing that the use of a request
for proposals is appropriate prior to the issuance of any such solicitation
by the Purchasing Agent.
[Ord. 8, passed 3-9-2004]
The Chief Procurement Officer, in his or her discretion, may
establish security requirements for contracts for supplies or services
if he or she deems it in the best interests of the City, including
but not limited to a bid bond, performance bond, labor and material
payment bond or deposit of money or certified check, notwithstanding
the absence of any such requirements in Chapter 30B.
[Ord. 8, passed 3-9-2004]
The Purchasing Agent may, in his or her discretion, purchase
supplies or services from a state bid list established through the
Commonwealth's Operational Services Division or other list of approved
vendors established by any state office or agency. The Purchasing
Agent may also participate in a joint procurement or serve as lead
community for a joint procurement with other municipalities pursuant
to Mass. Gen. Laws Ch. 7, §§ 22A or 22B.
[Ord. 8, passed 3-9-2004]
Contracts for design services in connection with the construction,
reconstruction, installation, demolition, maintenance or repair of
any building shall be procured in compliance with the applicable provisions
of the Designer Selection Law, being Mass. Gen. Laws Ch. 7, §§ 38A
1/2 to 38O, and the City's local designers selection procedures. All
requests for proposals for such projects to be issued by the City
shall be approved by the originating department head and shall be
forwarded to the Purchasing Department for approval and issuance by
the Purchasing Agent.
[Ord. 8, passed 3-9-2004]
Contracts for the construction, reconstruction, alteration, remodeling or repair of any public work, or for the purchase of materials therefor, and contracts for the construction, reconstruction, installation, demolition, maintenance or repair of any building estimated to cost less than $25,000, or such other statutory limitation which may be enacted for this purpose from time to time, shall be procured in compliance with the applicable provisions of Mass. Gen. Laws Ch. 30, § 39M, and all related provisions of the General Laws. All invitations for bids for such projects to be issued by the City shall be approved by the Superintendent of Public Works or other originating department head and shall be forwarded to the Purchasing Department for approval and issuance by the Purchasing Agent.
[Ord. 8, passed 3-9-2004]
Contracts for the construction, reconstruction, installation,
demolition, maintenance or repair of any building shall be procured
in compliance with the applicable provisions of Mass. Gen. Laws Ch.
149, §§ 44A through 44M, and all related provisions
of the General Laws. All invitations for bids for such projects to
be issued by the City shall be approved by the originating department
head and shall be forwarded to the Purchasing Department for approval
and issuance by the Purchasing Agent.
[Ord. 8, passed 3-9-2004]
The Purchasing Agent, with the assistance of such other City
officers and employees as he or she deems advisable, shall review
and evaluate all bids and proposals, shall determine the successful
bidder or proposer, and shall issue a notice of award. Thereafter,
it shall be the responsibility of the Purchasing Agent to obtain all
necessary contract documents, including but not limited to certificates
of insurance, performance bonds, material and payment bonds and other
contractor certifications, prior to submitting the contract to the
City Manager for execution. In addition, the City Auditor shall certify
on the face of every contract that there is an appropriation available
for the purpose and in the amount of the contract.
[Ord. 8, passed 3-9-2004]
Unless otherwise provided by a vote of the City Council, the
City Manager is authorized to execute all contracts for the exercise
of the City's corporate powers on such terms and conditions as he
or she shall deem appropriate. No contract shall be executed by the
City Manager unless it includes on its face a certification by the
City Auditor of an available appropriation in the amount of the full
contract price. Notwithstanding the foregoing, the City Manager shall
not contract for any purpose, on any terms, or under any conditions
inconsistent with any applicable provision of any general or special
law.
[Ord. 8, passed 3-9-2004]
A summary of all contracts with a cost to the City of $50,000
or greater shall be provided to the City Council within five business
days of the contract's execution by the City Manager. The contract
summary shall be in a format agreed upon by the City Council and the
City Manager. The full contract shall be provided upon the request
of an individual Council Member.
