(a)
The authority to authorize the making and letting of contracts on
behalf of the City for any purpose whatsoever is vested in the City
Council, except that purchases, sales and leases may be made by the
City administration as provided by ordinance adopted in accordance
with provisions of this Charter.
(b)
The City Council shall establish by ordinance contract procedures
for the purchase, sale or lease of property and services by the City.
These procedures shall not be in conflict with any law that regulates
contract procedures or the purchase, sale or lease of property and
services by a political subdivision of the state.
(c)
All contracts, except as otherwise provided in the ordinance adopted
in accordance with the provisions of this Charter, shall be authorized
by the City Council and signed on behalf of the City as follows:
(a)
The City Council shall establish by ordinance the procedures for
the purchase, sale or lease of real and personal property and services
for the City for the direction of the City Manager. The ordinance
shall provide a dollar limit within which purchases, sales or leases
of real and personal property may be made without the necessity of
securing competitive bids and the dollar limit within which purchases,
sales or leases may be made without the necessity of prior City Council
approval.
The City Council shall have the power to do any public work
or make any public improvement by the employment of the necessary
labor and the purchase of the necessary supplies and materials with
separate accounting as to each improvement so made.
Modifications, amendments or changes in contracts to which the
City is a party which required City Council approval, in accordance
with ordinances establishing contract procedures for the purchase,
sale, lease or services by the City, become effective upon approval
of the City Council. However, notwithstanding the above, when it becomes
necessary in the completion of any public work or public improvement
done under a public works contract to make an alteration or modification
in such contract, such alteration or modification shall be made by
a change order agreed upon in writing and signed by the City Manager,
the City Engineer and the Contractor. Authorization for the making
of a change order in a public works contract as described above shall
be provided for in the original public works contract approved by
the City Council.
(a)
The Contracts of Public Servants with Public Entities Act, MCL § 15.321,
et seq., shall govern the conduct of public servants of the City in
respect to contracts with the City.
No contracts shall be made, nor shall any payment be made, with
any person who is in default to the City. As used in this Charter,
"in default" means delinquent in payment of property taxes, assessments,
a debt owed to the City, or the failure to fulfill a contractual obligation,
whether monetary or conditional. If the person has not been provided
at least thirty (30) days notice of the obligation, they shall be
given a thirty (30) day period to rectify the obligation. The person
shall be considered to be in default if one of the following applies:
(1)
Property taxes remain unpaid after the last day of February in the
year following the year in which they are levied, unless the taxes
are the subject of an appeal.
(2)
Income taxes remain unpaid after the last day of April in the year
following the year in which they were prepared, unless the taxes are
the subject of an appeal.
(3)
Another debt owned to the City, including unpaid utility bills or
special assessments, remains unpaid thirty (30) days after the due
date, unless the debt is the subject of an administrative appeal or
a contested court case.
(4)
The failure to fulfill a contractual obligation remains uncorrected
for a period of thirty (30) days, unless the failure to fulfill a
contractual obligation is the subject of an administrative appeal
or a contested court case.
