[HISTORY: Adopted by the City Council of the City of Haverhill as
part of Ch. 2 of the 1963 City Code (Ch. 2, Art. VII, of the 1980 Code); amended 7-10-2007
by Doc. 76. Subsequent amendments noted where applicable.]
All expenditures for the procurement of goods, services, equipment and
construction shall be in conformance with the provisions of Chapters 30B,
30 through 39-M and 149 of the General Laws, as they may be amended from time
to time.
The City Chief Procurement Officer 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.
Each department is responsible for receiving, inspecting and certifying
all deliveries of supplies, materials or equipment to determine their conformance
with the specifications set forth in the order or contract. If problems arise
due to nonconformance with specifications, incorrect quantities or broken
merchandise, the City Chief Procurement Officer should be notified and provided
specific information as to the nonconformance. The City Chief Procurement
Officer will notify the vendor to seek correction.
When any stock is surplus or no longer of use to any using agency, the
City Chief Procurement Officer may transfer it to another or other agencies
which have need for it. The City Chief Procurement Officer when authorized
by the City Council shall also have power to sell all supplies, materials
and equipment not needed for public use or that may have become unsuitable
for public use. Any such sale shall be conducted in accordance with MGL c.
30B, § 15.
In case of emergency, using agencies shall have the same authority that
they had before the passage of this article concerning the purchase of materials.
The head of such using agency shall send to the City Chief Procurement Officer
a copy of such emergency purchase, together with a full explanation of the
circumstances of the emergency, which shall be filed by the City Chief Procurement
Officer as a permanent and public record of the purchase. Any such purchase
shall be in conformance with MGL c. 30B, § 8.
All requisitions shall state the department from which they are issued,
the appropriation to which the expenditure is to be charged, the item or items
to be purchased, the approximate price of the same if not yet purchased and
the actual price when presented for approval after the purchase is made.
The provisions of § 80-6 shall not prevent the Chief Procurement Officer from asking bids and, with the approval of the City Council, awarding bids for the City, for a term not to exceed one year, under the provisions of which contracts the City does not agree to purchase any amount of materials or supplies, but only such quantities as the City may need during such period, in order to receive the benefit of prices for bulk purchase.
A.
All contracts and agreements made by and between the
City, or in its behalf by the officer or board in charge of any department
thereof, and any person for any construction, alteration, work or purchase
the estimated cost whereof shall amount to or exceed $25,000 shall be in writing
and shall be drawn or approved as to form by the City Solicitor, and no such
contract or agreement shall be deemed to have been made or executed unless
signed by each of the following: the Mayor, the officer in charge of the department
concerned, the City Chief Procurement Officer, and the City Auditor, whose
signature is required to assure that funds are available and that the proper
auditing procedures have preceded the signing of the contract or agreement
by other City officials when duly and specifically authorized thereunto by
the City Council.
B.
Bond. All such contracts and agreements shall be accompanied
by a suitable bond or deposit of money or other security on the part of the
party contracting or agreeing with the City in such form as the City Solicitor
shall approve and in such sum and with such sureties as the City Council shall
determine and require for the faithful performance of such contracts or agreements,
and, such bonds, moneys or other securities shall be deposited with the Treasurer
and kept until such contracts or agreements have been completed and carried
out in all respects.
C.
No such contract or agreement once entered into shall
be altered or amended in any respect except by the written consent of the
contractor, the sureties on his or her bond, the officer or the board making
the contract for the City, together with the approval in writing of the City
Mayor, the City Solicitor and the City Auditor affixed thereto.
Every agreement or contract, including entire indemnification page,
if required, made by or for the City, or a certified copy thereof, shall be
filed in the office of the City Clerk, properly indexed according to law,
there to remain open to public inspection, and a duplicate copy thereof, signed
as heretofore provided, shall be transmitted to the person from or with whom
the purchase, agreement or contract is made.
Every officer of a City who makes or executes a contract on behalf of
the City shall furnish said contract or a copy thereof to the City Clerk and
the City Auditor within one week after its execution, and the City Clerk shall
keep such contract or copy on file, open to public inspection during business
hours. Such contracts or copies shall be kept in a book by themselves or in
several books, arranged according to the subject of the contract, or in other
convenient form, and an index to the subject matter of the contracts and to
the names of the contractors shall be made semiannually and shall also be
open to public inspection in some convenient form. All allowances under and
additions to such contracts or copies thereof shall be filed with the City
Clerk and the City Auditor, together with a sworn statement of the officer
making such allowances or additions that the same are correct and in accordance
with the contract.
The several officers of the City and departments to which appropriations
are voted by the City Council shall present to the Auditor of Accounts, before
liability is incurred, all orders for services, materials and supplies or
any other expenditures or obligations for any of the several departments for
his approval as to sufficiency of funds in the accounts affected to warrant
the expenditure of the amount stated in the order. To meet this requirement,
a standard order system shall be established in the various departments subject
to the approval of the Auditor of Accounts.
