[Ord. 786, Dec. 2011]
The city manager or his designee is hereby designated as the purchasing agent and shall possess the following powers and perform the following duties under the general supervision of the city manager:
(1) 
He shall contract for and purchase all supplies, materials, equipment and services necessary for the conduct and operation of departments and agencies of the city.
(2) 
He may transfer from one department or agency to any other departments or agencies such supplies, materials, and equipment or other personal property not needed by one but necessary to the conduct and operation of the other; or may sell any personal property belonging to the city which is recommended as surplus by the key manager of a department to the city manager, or by the city commission.
(3) 
He shall have charge of and supervision over all storerooms and be responsible for distributing such supplies to the various departments.
(4) 
He may, subject to the approval of the city commission, advertise for and enter into contracts for goods and services as needed.
(5) 
He may establish standard specifications as to quantity and quality for all supplies, materials and equipment generally needed by the departments.
(6) 
Any action relating to the acquisition or disposal of real property requires the approval of the city commission.
The city manager may enter into binding contracts on behalf of the city, without specific approval of the city commission, for routine purchases and matters not having substantial long term consequences. For the purpose of this section, a matter does not have substantial long term consequences if it is a contract for a period of one (1) year or less.
[Ord. 786, Dec. 2011]
All purchases made under the provisions of this chapter shall be made pursuant to a written requisition from the head of the department, except for those purchases authorized by using a procurement card, petty cash, or fixed price agreement.
[Ord. 786, Dec. 2011]
Where the amount of the requisition or voucher does not exceed the exemption allowed by state law for exemption from competitive bidding, approval by the city commission shall not be necessary for the issuance of a purchase order or payment of a voucher or the execution of a contract. In no event shall a requisition, voucher, or contract be split or divided into two (2) or more with the intent of evading the necessity of having competitive bids and/or the necessity of obtaining the approval of the city commission.
[Ord. 786, Dec. 2011]
Whenever any requisition or voucher or contract calls for the expenditure of less than the maximum exemption allowed by state law for exemption from competitive bidding and is more than five hundred dollars ($500.00), the issuance of a purchase order or the payment of a voucher or the award of a contract shall be subject to the approval of the city manager or his designee, and shall not be binding on or create any liability against the city until approved as such. The city manager will set the spending limits the key managers and other staff, not to exceed the spending limits imposed on the city manager by law. The city commission will set by separate action as necessary the spending limits of the city manager, not to exceed any amount allowed by law.
[Ord. 786, Dec. 2011]
Whenever any requisition or voucher or contract calls for an expenditure exceeding the maximum amount allowed by state law, or contract for construction or remodeling of existing structures or sites calls for an expenditure exceeding the maximum amount allowed by state law for exemption from competitive bidding, there shall be competitive bids. At the direction of the purchasing agent and the city manager, notice for bids shall be advertised at least once in a general circulation newspaper at least fifteen (15) days prior to the time set for a public opening of bids. The purchasing agent may also issue written invitations to bid to dealers in the articles to be purchased in addition to, but not in lieu of, the advertisement required hereunder. However, secondhand equipment or equipment purchased from any federal, state or municipal agency, where it is not practicable to take bids, may be purchased without taking bids, but such purchases shall be subject to the requirements of §§ 5-403 and 5-404. Also, items covered by federal or state government service contract prices may be exempted at the discretion of the purchasing agent and the city manager.
[Ord. 786, Dec. 2011]
All bids shall be sealed and submitted to the purchasing agent on or before the specified time when such bidding is to be closed. All bids will be awarded by the city council unless otherwise designated by the city council. Recommendation of bids other than the lowest bids must be justified in writing.
[Ord. 786, Dec. 2011]
The rental or lease of any equipment, materials or vehicles, where the expenditure for the rental or lease period does not exceed ten thousand dollars ($10,000.00), or maximum allowed by state law, may be made by the head of any department. But where the expenditure is more than ten thousand dollars ($10,000.00), for rental or lease of equipment, materials or vehicles, there shall be competitive bids.
[Ord. 786, Dec. 2011]
No contract shall be let for any public work until the contractor shall have first executed a good and solvent bond or letter of credit to the effect that he will perform according to the contract and pay for all the labor and materials used by said contractor, or any immediate or remote subcontractor under him, in said contract in lawful money of the United States. The bond or letter of credit to be so given shall be for one hundred percent (100%) of the contract price. Where advertisement is made, the condition of the bond or letter of credit shall be stated in the advertisement; provided, that this section shall not apply to contracts under ten thousand dollars ($10,000.00).
[Ord. 786, Dec. 2011]
Emergency purchases are to be made only when normal functions and operations of the city or one (1) of its departments would be hampered by submitting a request to the city commission in the regular manner, or when property, equipment, or life are endangered through unexpected circumstances and materials, services, etc., and are needed immediately. In the event of an apparent emergency which requires immediate procurement of supplies, material and equipment, or contractual services, the city manager shall be empowered to authorize the procurement, at the lowest available price, any supplies or contractual services, not to exceed ten thousand dollars ($10,000.00), or maximum purchase price allowed by state law, where time does not permit the taking of informal bids. A full report of the circumstances of an emergency purchase shall be filed by the city manager with the city commission at its next meeting, and shall be entered on the minutes of the city commission. Any emergency purchases exceeding ten thousand dollars ($10,000.00), or the maximum allowed by state law, shall require the concurrence of the city manager and the mayor. In such event, the city manager will then schedule this item of business for the next scheduled meeting of the city commission, and at said meeting a description of the emergency that has occurred, the item purchased, where the item was purchased and the price paid for said item shall be read into the minutes. Action shall then be taken by the entire city commission for approval.
[Ord. 786, Dec. 2011]
All contracts, purchase orders, agreements and obligations issued or entered into contrary to the provisions of the foregoing sections shall be void and no person shall have any claim or demand whatever against the city thereunder, nor shall any official or employee of the city waive or qualify the limitation fixed by the preceding section or fasten upon the city any liability whatever contrary to such limitation.
[Ord. 786, Dec. 2011]
The finance manager, with the approval of the city manager shall authorize certain departments and/or officials to maintain a petty cash fund not to exceed four hundred fifty dollars ($450.00) from which purchases or payments may be made not to exceed fifty dollars ($50.00) each, and receipts shall be attached to the warrant voucher replenishing reimbursing said petty cash fund.
[Ord. 786, Dec. 2011]
No contract, purchase order, agreement or other obligations involving the expenditure of any money shall be issued or entered into or be valid unless the finance manager or designee, first certifies thereon that there is in the city treasury to the credit of the appropriation or loan authorization from which it is to be paid an unencumbered balance in excess of all other unpaid obligations. If any official or employee of the city authorizes or incurs an obligation against the city without first securing the city clerk's certification as required by this section, such official or employee and his sureties shall be individually liable for the amount of such obligation.
[Ord. 786, Dec. 2011]
Purchases of fuel and fuel products and perishable commodities are exempted from the requirements of public advertisement and competitive bidding when such items are purchased in the open market. A record of all such purchases shall be made by the purchasing agent and shall specify the amount paid, the items purchased and from whom the purchase was made. The purchasing agent shall make a monthly report of such purchases to the city manager and/or the city commission and shall include all items of information as required herein in his report.