City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Gardner 9-6-2011 by Ord. No. 1530. Amendments noted where applicable.]
There is hereby established in the administrative service of the City of Gardner the Purchasing/Civil Enforcement Department and, in said Department, the office of City Purchasing Agent/Civil Enforcement Director, hereinafter referred to as "Director."
The Purchasing Agent/Civil Enforcement Director shall direct, supervise and have control of the Purchasing/Civil Enforcement Department. The Purchasing Agent/Civil Enforcement Director shall have all powers and duties prescribed by this chapter and shall serve as the City's Chief Procurement Officer (CPO) and Affirmative Marketing Construction Officer. The Purchasing Agent/Civil Enforcement Director shall be responsible for all purchases and contractual services and all sales of property. The Purchasing Agent/Civil Enforcement Director shall be responsible for the tracking, recordkeeping and collection of parking, animal control and civil violations and act as the Parking Clerk. The Purchasing Agent/Civil Enforcement Director shall serve as the City's Municipal Hearing Officer.
A. 
The Purchasing Agent/Civil Enforcement Director shall be appointed by the Mayor for a term of three years, subject to confirmation by the City Council.
B. 
The salary of the Purchasing Agent/Civil Enforcement Director shall be included in the salary and wage ordinance of the City.[1]
[1]
Editor's Note: See Ch. 171, Personnel, Arts. XV and XVI.
C. 
Persons employed in the Purchasing/Civil Enforcement Department shall be under the direct supervision of the Purchasing Agent/Civil Enforcement Director.
A. 
The Purchasing Agent shall:
(1) 
Apply the provisions of Massachusetts Uniform Public Procurement Laws to all purchases, orders and contracts for the City of Gardner, utilizing rules of procedure established by the Purchasing Agent as necessary to conform to all aspects of state and federal procurement laws and regulations. Such purchases, orders and contracts shall include procurement of supplies, services, construction and repairs to public buildings, public works projects, design and engineering services, and the acquisition and disposition of real property and personal property.
(2) 
Ensure that all specifications be definite and certain and shall permit open and fair competition; provided, however, that the provisions of this subsection shall not apply to noncompetitive purchases or contracts.
(3) 
Act to procure for the City the highest quality supplies and contractual services, incurring the least expense to the City.
(4) 
Endeavor to obtain as full and open competition as possible on all purchases and sales.
(5) 
Serve as the City's Affirmative Marketing Construction Officer in cooperation with the Massachusetts Supplier Diversity Office.
[Amended 11-18-2013 by Ord. No. 1563]
B. 
The Purchasing Agent is authorized to promulgate regulations, policies and procedures consistent with the intent of this chapter, subject to prevailing general laws.
C. 
The Purchasing Agent/Civil Enforcement Director shall
(1) 
Serve as the Parking Clerk in accordance with MGL c. 90, §§ 20A 1/2 to 20E. The Parking Clerk shall be responsible for the supervision and processing of parking violations, conducting informal hearings for violation appeals, and reporting overdue violations to the Registry of Motor Vehicles. The Parking Clerk shall be responsible for contracting with a state-approved vendor for coordination with the Registry of Motor Vehicles.
(2) 
Oversee the input, computerized tracking, management and reporting of all noncriminal fines and penalties from initial imposition through collection.
(3) 
Serve as the City's Municipal Hearing Officer in accordance with MGL c. 148A, Code Enforcement Officer. The Municipal Hearing Officer shall conduct requested hearings of code violations pursuant to this chapter and shall be compensated as provided under MGL c. 148A, § 5.
[Amended 11-18-2013 by Ord. No. 1563]
Except as herein provided or specifically authorized by the Purchasing Agent/CPO, it shall be unlawful for any City employee or City official to purchase any supplies or services other than through the Purchasing Department and in accordance with this chapter.
A. 
Personal property shall be declared scrap or surplus by the functional department head. No tangible personal property, whether the same is controlled by any department, board or otherwise, shall be sold, alienated or otherwise disposed of except upon the written approval of the City Council committee having charge of matters concerning such department, board or otherwise and with the written approval of the Mayor.
B. 
Real property shall be declared surplus by a vote of the City Council with the approval of the Mayor. No real estate, whether the same is controlled by any department, board or otherwise, shall be sold, alienated or otherwise disposed of except with the approval of the City Council and Mayor.
A. 
The Purchasing Agent shall have the authority to award contracts within the purview of this chapter and shall have the authority to determine responsibility of bidders.
B. 
The Purchasing Agent shall have the authority to declare vendors as irresponsible bidders and to disqualify them from receiving any orders or contract awards from the municipality.
If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder, "local bidder" defined as having its corporate/home office in the City Gardner. If no local bidder exists, the Purchasing Agent shall award the contract to one of the tie bidders by drawing lots in public.
Upon receipt of a written protest of an award made by the Chief Procurement Officer, the matter shall be reviewed by the Chief Procurement Officer and a determination made to:
A. 
Reject the bid protest on grounds the protest fails to prove a violation of the Massachusetts Uniform Procurement Act and continue with the award of a contract; or
B. 
Uphold the bid protest on grounds the protest proves a violation of the Massachusetts Uniform Procurement Act and conduct a new procurement.
The Purchasing Agent shall have the authority to join other units of government (federal, state, county, municipal and municipal subdivisions, including such quasi-municipal agencies as water districts, sewer districts, etc.) in cooperative purchasing plans when the best interest of the City would be served thereby and such action is in accordance with and pursuant to prevailing General Laws.
The Purchasing Agent shall perform such other duties related to the functions, duties and authorities set forth herein as may be prescribed by the Mayor or any applicable state or local laws and ordinances.
The Chief Procurement Officer shall conduct requests for proposals, including oversight of the solicitation, opening and evaluation of proposals and award of contract, in accordance with the authority delegated by MGL c. 30B.
[Amended 11-18-2013 by Ord. No. 1563]
The Affirmative Marketing Construction Officer shall serve as the City's liaison with the Supplier Diversity Office and be responsible for all reporting in compliance with MGL c. 93.
[Amended 11-18-2013 by Ord. No. 1563]
The Municipal Hearing Officer shall conduct local hearings of code violations pursuant to and in compliance with MGL c. 148A (Code Enforcement Officer). The Municipal Hearing Officer shall conduct such hearings using formal rules established under MGL c. 148A and shall render a written decision to the appropriate parties.