[Derived from Adm. Code §§ A503,
A504]
[Amended 9-12-1977 by Ord. No. 1121]
A.
The Purchasing Agent shall purchase or contract for
all supplies, materials, equipment and contractual services needed
by any and all departments or agencies of the City.
B.
All personal property of the City not needed for public
use, or that may have become unsuitable for public use, shall be sold
by the Purchasing Agent. However, sales of major importance must first
have the approval of the City Manager.
[1]
Editor's Note: See also Charter § 52,
Purchasing Agent.
[Amended 9-7-1982 by Ord. No. 1268; 11-29-1999 by Ord. No.
1689]
The Purchasing Agent shall, from time to time,
prepare such rules and regulations for the operation of the Purchasing
Division as may appear necessary and helpful, which rules and regulations
shall be subject to the approval of the City Manager.
[Amended 11-29-1999 by Ord. No. 1689]
The City Commission shall establish, by resolution,
the purchasing policies of the City, including but not limited to
requirements for competition and authority for approving contracts.
[Amended 11-29-1999 by Ord. No. 1689]
The requesting departments shall be responsible
for preparing technical specifications for services, materials, supplies
and equipment and submit them to the Purchasing Agent.
[Amended 9-7-1982 by Ord. No. 1268]
Either the Purchasing Agent or the requisitioning
department shall inspect all materials received to make sure that
they meet with the required specifications. The Purchasing Agent may
arrange with laboratories for the testing of materials when necessary.
[Amended 11-29-1999 by Ord. No. 1689]
Except in case of emergency, departments shall
not requisition any contract or open market order for which there
is not a sufficient appropriation balance, in excess of all unpaid
obligations, to defray the cost of such supplies, materials, equipment
or contractual services.
[1]
Editor's Note: Ord. No. 1689, adopted 11-29-1999,
repealed former § 2-124 in its entirety, which pertained
to a general storehouse and storeroom for purchased supplies, and
derived from the Adm. Code, § A503.6.
[Amended 12-8-1986 by Ord. No. 1395; amended 9-26-1994 by Ord. No.
1580]
A.
The provisions of this section, unless otherwise specifically
provided by the City Commission with regard to a designated project,
shall not apply to projects constructed by City employees or to a
construction contract the costs of which are not in excess of $100,000.
As it pertains to this section, however, multiple contracts for a
unified construction or maintenance job totaling over $100,000 shall
be considered as one contract and prevailing wages shall apply.
B.
The advertised specifications for every contract in
excess of $100,000 to which the City is a party, for construction,
alteration, or repair, including painting and decorating of public
buildings or public works in or for the City, and which requires or
involves the employment of mechanics or laborers, shall contain a
provision stating the minimum wages to be paid the various classes
of laborers and mechanics, which shall be based upon the wages determined
by the Secretary of Labor to be prevailing for the corresponding classes
of laborers and mechanics employed on projects of character similar
to the contract work in or in the vicinity of the City.
C.
Every contract based upon specifications referred to in Subsection B above shall contain a stipulation that:
(1)
The contractor or his subcontractor shall pay all
mechanics and laborers employed directly upon the site of the work,
unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account, the full amount accrued at the
time of payment, computed at wage rates not less than those stated
in the advertised specification, regardless of any contractual relationship
which may be alleged to exist between the contractor or subcontractor
and such laborers and mechanics;
(2)
The scale of wages to be paid shall be posted by the
contractor in a prominent and easily accessible place at the site
of the work; and
(3)
The prime contractor and all subcontractors shall
submit weekly certified payrolls documenting the hours worked and
wages paid by work classification; and
(4)
There may be withheld from the contractor so much
of accrued payments as may be considered necessary by the City Manager
to pay to laborers and mechanics employed by the contractor or any
subcontractor on the work for the difference between the rates of
wages required by the contract and the rates of wages received by
such laborers and mechanics, except those amounts properly deducted
or refunded pursuant to the terms of the Davis-Bacon Act (USC, Title
40, Section 276a), as amended and interpretations thereof.
D.
The overtime pay to which a laborer or mechanic working
on a project pursuant to a contract subject to this section is entitled
shall be that overtime pay to which he is entitled by any agreement
he may have made with the contractor or subcontractor or by any applicable
provision of law, but in no event shall such amount be less than the
prevailing wage in the Kalamazoo community for such overtime.
