As used in this Chapter, the following terms shall have the
meanings ascribed to them:
Personal services, all telephone, gas, water, electric light
and power services, towel and cleaning services, leases for all grounds,
buildings, offices or other space required by the using agency and
the rental, repair or maintenance of equipment, machinery and other
City-owned personal property. The term shall not include insurance,
professional and other contractual services which are in their nature
often unique and not subject to normal competitive bidding.
Any department, agency, commission, bureau or other unit
in the City Government not under the direction and control of the
Board of Alderpersons or in any other governmental unit whether school
district, special authority, other municipality, County or otherwise
which cooperates with the City through its Director of Purchasing
in purchasing any items covered by this Chapter.
All supplies, materials, equipment, commodities and capital
outlays.
Any department, agency, commission, bureau or other unit
in the City Government using supplies or procuring contractual services
as provided for in this Chapter and which shall be under the direction
and control of the Board of Alderpersons.
Any purchase order or contract within the purview of this Chapter
in which any officer or employee of the City is financially interested,
directly or indirectly, shall be void unless the Board of Alderpersons
waives compliance with this Section before the execution of a purchase
order or contract. The Board of Alderpersons shall waive this Section
only when the best interests of the City require such action and the
laws of the State do not prohibit the transaction. The City Administrator
shall immediately report to the Board any information that he/she
has or that comes to his/her attention that would indicate any such
interest either before or after a purchase has been made.
The Director of Purchasing and each officer and employee of
the City is expressly prohibited from accepting, directly or indirectly,
from any person to which any purchase order or contract is or might
be awarded any rebate, gift, money or anything of value whatsoever,
except where given for the use and benefit of the City.
A.
All using
agencies, either by or with the authorization of the head of the agency,
shall to the extent practicable file with the Board of Alderpersons
detailed requisitions or estimates of their requirements of supplies
and contractual services in such manner, at such times and for such
future periods as the Board shall prescribe.
1.
Unforeseen requirements. A using agency shall not be prevented
from filing in the same manner with the Director of Purchasing at
any time a requisition or estimate for any supplies and contractual
services it needs that were not foreseen when the detailed estimates
were filed subject to budgetary limitations.
2.
Revision powers. The City Administrator may examine each
requisition or estimate and may suggest revisions as to quality, quantity
or estimated cost.
A.
In the
event of an apparent emergency which requires immediate purchase of
supplies or contractual services, the City Administrator is empowered
to secure by an open market procedure as provided in this Section,
at the lowest obtainable price, any supplies or contractual service
regardless of the amount of the expenditure. A full report of the
circumstances of an emergency purchase shall be filed by the City
Administrator with the Board of Alderpersons and shall be entered
into the official records of the Board and shall be open to public
inspection.
B.
In the
event of an actual emergency and with the consent of the Mayor, the
head of any using agency may purchase directly any supplies the immediate
procurement of which is essential to prevent delays in the work of
the using agency that may affect the life, health or convenience of
citizens. The head of the using agency shall send to the City Administrator
a requisition and a copy of the delivery record together with a full
written report of the circumstances of the emergency. The report shall
be filed with the Board and be made a part of the permanent records
of the Board and be open to public inspection.
[Ord. No. 772-12 §2, 2-1-2012]
A.
This
Section provides guidelines for approving City warrants:
1.
Definition. When used by governmental entities, the term "warrant" means a warrant of payment which is a check or
an IOU issued by a government agency or municipality to satisfy a
financial obligation.
2.
Responsibility. The Board of Alderpersons is responsible
for paying for the City's indebtedness in a reasonable and timely
manner. The City Treasurer prepares the warrants and the Board of
Alderpersons has responsibility for releasing the funds. The Board
of Alderpersons must be diligent and prudent with the public money
and, as such, their action of approval (or disapproval) of warrants
needs to be recorded as a tallied vote.
3.
Budget. The Board of Alderpersons must review and approve
monthly expenditures to ensure the warrants are within the spending
guidelines as dictated by the approved budget.
4.
Checks and balances. By voting to approve or disapprove
the warrants, the Board of Alderpersons along with the City Treasurer
offer the check and balance for controlling taxpayer monies going
out of the City coffers.
5.
Board of Alderpersons approval. As a general rule, no warrants
are to be paid without Board of Alderpersons approval.
6.
Exception to Board of Alderpersons approval. Because the
budget was passed by ordinance, the following types of warrants may
be paid without Board of Alderpersons approval whenever a regular
scheduled meeting cannot be convened due to lack of a quorum or a
meeting is canceled due to inclement weather or some other such reason.
a.
Payment
of employee payroll.
b.
Payment
of utility bills.
c.
Payment
of recurring contract obligations for expenditures as stated in the
approved budget of the City.
d.
Payment
for necessary consumables such as postage, office supplies, etc. (not
to exceed nine hundred dollars ($900.00)).
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This exception allows the City Treasurer to release warrants
(checks) that are absolutely necessary without having to ask for a
special meeting.
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A.
The requirement
of competitive bids or proposals for supplies may be waived when the
City Administrator has determined in writing that there is only a
single feasible source for the supplies. Immediately upon discovering
that other feasible sources exist, the City Administrator shall rescind
the waiver and proceed to procure the supplies through the competitive
processes as described in this Chapter. A single feasible source exists
when:
1.
Supplies
are proprietary and only available from the manufacturer or a single
distributor; or
2.
Based
on past procurement experience, it is determined that only one (1)
distributor services the region in which the supplies are needed;
or
3.
Supplies
are available at a discount from a single distributor for a limited
period of time.
A.
All purchases
of contractual services and supplies made pursuant to this Chapter
shall be on purchase order forms, and each purchase order shall reflect
salient conditions of the purchases such as description, specification,
unit purchase price, aggregate amounts, freight conditions and place
of delivery.
B.
A copy
of all purchase orders shall be available to the receiving department
which will receive the contractual services or supplies purchased,
and the receiving department shall reject delivery of any contractual
services or supplies which do not conform to the purchase order conditions
and specifications.
C.
All invoices
for purchases made pursuant to this Chapter shall be approved as being
in conformity with the purchase order. Said approval will be made
in accordance with procedures established by the Board of Alderpersons.
All purchases and contracts for supplies and contractual services,
and all sales of personal property which has become obsolete and unusable
shall, except as expressly provided in this Chapter, be based wherever
possible on competitive bids.
A.
The using
agencies under the authority of the City Administrator shall be responsible
for ensuring that all supplies and contractual services conform to
the specifications set forth in the order or contract.
B.
The City
Administrator shall have the authority to require chemical tests of
samples submitted with bids and samples of deliveries which are necessary
to determine their conformance with the specifications. In the performance
of such tests, the City Administrator shall have authority to make
use of laboratory facilities of any agency of the City or any outside
laboratory.
A.
At least
annually, all using agencies shall submit to the City Administrator,
at such times and on such forms as prescribed, reports showing stocks
of all supplies which are no longer used or which have become obsolete,
worn out or scrapped.
B.
The City
Administrator shall have the authority to transfer surplus stock to
other using agencies.
C.
The City
Administrator shall have the authority to sell all supplies which
have become unsuitable for possible use, or exchange or trade the
supplies for new supplies, in accordance with the procedures set forth
in this Chapter.
No resolution or ordinance shall finally be passed approving
any contract for supplies or contractual services (except for professional
services) unless such resolution or ordinance shall contain the endorsement
of the City Administrator on the face thereof indicating that proper
purchasing procedures have been followed.