Loading...
HomeMy WebLinkAboutSECTIONS OF CODErage 6 or 2. Sec. 18-78. - Delegation of authority by the chief procurement officer to other city purchasing agents. The chief procurement officer may delegate the following duties to city purchasing agents, including those in the purchasing department and those assigned to other departments or offices, which duties shall be performed under the general supervision of and subject to the policies, procedures, regulations and forms issued by the chief procurement officer. (Ord. No. 12271, § 2, 8-22-02) Sec. 18-79. - General duties of city purchasing agents. (a) To administer the procurement process for certain procurements as authorized by the applicable administrative policies and procedures of purchasing. (b) To draft or cause to be drafted invitations for bids, requests for proposals, and other solicitations as may be permitted by law, and to prepare specifications or scope of work for same. (c) To forecast departmental purchase requirements for future periods and to buy in quantities which are most economical for the city. (d) To investigate new products and new sources of supply and to maintain, update and promulgate lists of qualified bidders and sources of professional services. (e) To stimulate maximum competition among qualified suppliers of goods and services for the city's business. (f) To provide for the inspection and testing of goods delivered in order to determine quantity, quality and adherence to provisions of invitations for bids, requests for proposals, and related specifications. (g) To make transfers of supplies, materials and equipment which are not needed by a department or office to another department or office which may need them. (h) To submit recommendations to the chief procurement officer concerning the operation of the city's procurement system. (i) To take any other action consistent with existing law and with this article to make certain that city purchases, sales and leases are made on the basis of free and open competition, as prescribed in this article. (j) To perform any other duty not inconsistent with existing law or this article. (Ord. No. 12271, § 2, 8-22-02) I Sec. 18-80. - Responsibilities of the chief procurement officer relating to the Anti -Deficiency Act. The chief procurement officer shall be responsible for the provisions relating to the Anti -Deficiency Act, set forth in sections 18-500 through 18-503, as follows: (i) Requisitions. Assuring that all requisitions received have been properly authorized. (2) Purchase orders. Assuring that the purchase order is issued for an amount not to exceed the amount set forth in the requisition, a resolution adopted by the city commission and any other legal authorization. (3) City-wide contracts. Assuring that purchase orders authorized by a city-wide contract do not exceed the amount authorized by the city commission and any other legal authorization. (Ord. No. 12271, § 2, 8-22-02) Sec. 18-81. - Estimates of requirements. All departments or offices of the city shall file with the chief procurement officer detailed estimates of all their requirements for supplies, materials, equipment and contractual services in such a manner, at such times, and for such future periods as the city manager may prescribe; provided that the length of the periods shall not be less than three months. The requirement for preparing such estimates shall in no way prevent any using department or office from filing with the chief procurement officer, at any time, a requisition for any supplies, materials, equipment or contractual services, the need for which was not foreseen when the detailed estimates were filed. (Ord. No. 12271, § 2, s-22-02) I Sec. 18-82. - Disposal of surplus city -owned personal property. (a) When a surplus of city -owned personal property exists, the chief procurement officer may transfer it to any other department or office which has need for it. The chief procurement officer shall also have power to sell all such supplies, materials and equipment which have become unsuitable for city use or to exchange for or trade in the same lus�,ivl- for new supplies, materials and equipment. When such surplus supplies, material and equipment have a limited use other than by the city, the city commission may classify the same as category "A" or category "B" stock. Category "A" stock shall be available for disposition as the city's contribution or the city's commitment in support of a particular public purpose which may include those community civic or social service programs as may be authorized by the city commission. Category "B" stock shall be that stock of surplus supplies, material and equipment which is available for disposition pursuant to the terms and provisions of subsection (b) hereof; namely, sale to sister cities or municipalities of friendly foreign countries. Not for profit organizations which provide a public purpose shall be offered first consideration as recipients for the disposition of category "A" and "B" surplus stock. Except for category "A" stock or category "B" stock and except in those cases in which the chief procurement officer determines that it is not practical to do so, any department or office that provides surplus stock for any such transfer, sale, exchange or trade-in shall receive credit therefor, based on the fair market value of such surplus; and any department or office receiving such surplus stock shall receive corresponding debit therefor, such credit and debit to be charged to the respective budgets of the departments or offices involved. (b) Notwithstanding the above provisions, when a foreign city enjoying a current, formally designated status as a "sister city," in accordance with the terms of Resolution No. 78-5, dated January 11, 1978, or a municipality of a friendly foreign country desires to purchase personal property owned by the city, including vehicles and equipment which are no longer needed for public use or which have become unsuitable for further use by the city, and where said property has been categorized as category "B" stock, such sale may be negotiated in accordance with the following procedure and criteria: (1) All equipment proposed for sale to sister cities or municipalities of friendly foreign countries must be declared surplus, following then -existing administrative procedures. All such equipment must be offered to sister cities for a period of 30 days before being offered for sale to such municipalities. Note: "Friendly foreign countries" means those countries against which there are no trade embargoes or travel prohibitions imposed by the executive branch of the U.S. government. (2) The prices negotiated for such sale must be equal to or greater than the prices which would be reasonably anticipated from the sale of such surplus equipment through public auction. This condition may apply to the total sale of a number of pieces of equipment rather than individual piece prices for the aggregate return on a given sale in determining whether the negotiated price is equal to or greater than could be expected at a public auction. (3) The negotiated unit price shall not include any transportation or shipping costs; these costs will be borne by the sister city or the municipality purchasing said equipment. (Ord. No. 12271, § 2, 8-22-02) I Sec. 18-83. - Availability of funds. Except in cases of emergency, the chief procurement officer, city manager or purchasing agents shall not issue any order for delivery on a contract or any open -market order unless and until availability of funds have been verified that there is to the credit of the using department or office a sufficient unencumbered appropriation balance, in excess of all unpaid obligations, to defray the cost of such supplies, materials, equipment or contractual services. (Ord. No. 12271, § 2, 8-22-02) [ Sec. 18-84. - Methods of source selection. All purchases of goods, including but not limited to supplies, materials, equipment, printed materials and all purchases of services, including but not limited to personal, professional, management, technical, contractual and general services needed by -the -city, but not including legal services, may be obtained by contract or through city labor and materials and shall - be exclusively made in the manner set forth in this article. All invitation for bids, request for letters of interest, request for proposals, request for qualifications or any other method of source selection, whether formal or informal, to be issued by the city shall be developed or drafted by city employee(s) and in the event that the same are not developed or drafted by city employee(s), the non -city employee(s) or firm assisting, developing, or drafting any portion of the solicitation document shall be prohibited from competing for the award of any contract resulting from such process and shall be treated as part of the city's professional staff under the cone of silence, when applicable; this provision does not apply to circumstances whereby the city engages non -city employee(s) or firm to collect or provide industry comments, conduct market research, or provide technical data. Any agreement for purchase entered into in any manner inconsistent with the procedures stated in this article by any person shall be voidable by the city. (Ord. No. 12271, §2,8-22-02; Ord. No. 12949, § 2,10-11-07) Sec. 18-85. - Competitive sealed bidding. (a) Conditions for use. Competitive sealed bidding shall be used for the award of all contracts for goods, equipment and