§ 37.058  GENERAL PROCUREMENT PROVISIONS.
   (A)   All purchase orders for materials or services in excess of $30,000.01 shall be issued only by the Finance Director.
   (B)   Any emergency purchase in any amount above $5,000.00, but less than $30,000.00 shall require notification in writing with justification to the Finance Director.  A copy of said notification shall be sent to the City Manager.
   (C)   It is the full intent of the legislative body of the city to purchase any and all materials and services as may be applicable through local vendors or a local manufacturer.  The administration will take into consideration the prices and quality of materials and services offered and the follow-up service of the vendor.  If, in the opinion of the administrative body this criteria cannot be met locally, the purchase will be made outside the city.
   (D)   No invoice for goods or services shall be processed for payment without proof of receipt by the city of said goods or services which shall be in the form of written attestation by the receiving department head.  Department heads shall authorize in writing to the Finance Director employees designated to receive and accept goods or services for the department of which he is the person in charge.
      (1)   The city will not be held responsible for any purchase made by any employee, agent, etc. which are made in violation of this section.
      (2)   The City Manager or his delegate will inform all current and prospective vendors of the provisions of this section and that the city will not be held liable for any purchases made in violation of this section.
   (E)   The city may sell or otherwise dispose of any personal property which is not needed or has become unsuitable for public use, or which would be suitable, consistent with the public interest, for some other use.  A written determination as to need or suitability of any personal property of the city shall be made; and such determination shall fully describe the personal property; its intended use at the time of acquisition; the reasons why it is in the public interest to dispose of the item; and the method of disposition to be used.  Surplus or excess personal property as described in this section may be transferred, with or without compensation, to another governmental agency; or it may be sold at public auction or by sealed bids in accordance with KRS 45A.365; or it may be sold by private sale in accordance with division (F) of this section.
   (F)   The City Manager, or any employee designated by him, shall have the right and authority to dispose of, sell and/or convey surplus or obsolete personal property of the city to any qualified purchaser and in the manner and under the conditions herein described.  If the value of such surplus or obsolete property is less than $1,000.00, the City Manager or his designated city employee, may authorize and complete a private sale to any qualified purchaser.  The City Manager shall require that a record be made of all items disposed of, sold and/or conveyed and the City Manger, or his designated employee responsible for completing the transaction, shall sign a statement showing the determined value of all items, that the value was less than $1,000.00, and the name and address of the purchaser.  A record of all such sales shall be kept in the office of the Finance Director of the city in a book or file designated solely for that purpose.
   (G)   All surplus or obsolete personal property with a value of $1,000.00 or more, and any motorized vehicle in operating condition, regardless of value, shall be sold by sealed bid or public auction.  The regulation of such an action shall be in a manner designated by the City Manager and a record shall be kept of all such property sold at any such action in a book or file which shall be kept in the office of the Finance Director.  Sealed bids or public auction shall be advertised in accordance with KRS 45A.365.
   (H)   In the event of any disputes as to the fair market value or between prospective purchasers, the decision of the City Manager shall be final and the City Manager may require and reserve approval on any and all purchases or dispositions of property.
   (I)   No employee of the city, his or her spouse, child or parent shall be permitted to bid on or to purchase any item or surplus or obsolete personal property disposed of, sold and/or conveyed under the terms of divisions (E), (F) and (G) of this section.  All monies received from any sale authorized by divisions (E), (F) and (G) of this section shall be deposited with the Finance Director of the city who shall keep a record of all such funds received.  The Finance Director shall apply such funds to the city General Fund unless required by applicable law to do otherwise.
   (J)   Federal procurement requires all contracts include provisions to define a sound and complete agreement. It should include proper specifications that allow for administrative, contractual, termination and legal remedies.
(‘83 Code, § 36.63)  (Ord. 52-1979, passed 12-6-79; Am. Ord. 104-1980, passed 10-16-80; Am. Ord. 34-1987, passed 4-21-87; Am. Ord. 61-2019, passed 4-25-19; Am. Ord. 87-2019, passed 6-13-19)