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 Aldermen 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 Aldermen.
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 Aldermen
waives compliance with this Section before the execution of a purchase
order or contract. The Board of Aldermen 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.Â
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
Aldermen 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.Â
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.Â
Revision powers. The City Administrator may examine
each requisition or estimate and may suggest revisions as to quality,
quantity or estimated cost.
A.Â
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 Aldermen and shall be entered into
the official records of the Board and shall be open to public inspection.
B.Â
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.
A.Â
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.Â
Supplies are proprietary and only available from the manufacturer
or a single distributor; or
2.Â
Based on past procurement experience, it is determined that only
one (1) distributor services the region in which the supplies are
needed; or
3.Â
Supplies are available at a discount from a single distributor for
a limited period of time.
A.Â
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.Â
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.Â
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
Aldermen.
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.Â
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.Â
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.Â
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.Â
The
City Administrator shall have the authority to transfer surplus stock
to other using agencies.
C.Â
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.
