§ 31.19 CITY MANAGER; DUTIES; SALES AND PURCHASING PROCEDURES.
   (A)   (1)   The duties of the City Manager shall be those prescribed by the Charter, ordinances of the city and other duties as may be designated by the Council. He or she shall attend all meetings of the Council, and shall prepare an agenda containing the business to be transacted at the meeting, together with his or her recommendations thereon. He or she shall faithfully execute the ordinances, policies, rules and regulations established by the Council.
      (2)   Except as otherwise provided by the Charter and the ordinances of the city, the City Manager shall have complete direction, supervision and control of the administrative departments and employees of the city, and may, in the interest of economy, make an employee an assistant to a department head, or may make a head of one department an assistant to that of another, or may transfer any department head or employee from one department to another. He or she shall see that the duties of the several departments are promptly performed, to the end that each department properly functions and shall, upon request of the Personnel Board, furnish records of any administrative office or employee of the city.
      (3)   He or she shall, from time to time, advise the Council of the financial condition of the city, the shortage of equipment or labor in any department and may make recommendations to the Council as may seem to him or her advisable. The City Manager shall prepare the City Budget and present the same to the City Council on or before the first Regular Meeting in March of each year prior to the beginning of the next fiscal year. The City Manager may, at his or her will, attend, as ex-officio member, any or all meetings of the Police Pension Board, Firemen's Pension Board or any or all other pension boards created by ordinance or state law for the purpose of administrative guidance or in an advisory position, but without voting power.
(Prior Code, § 2-105)
   (B)   (1)   The City Manager or his or her designee shall contract for and purchase all supplies, materials, equipment and services for the offices, departments and agencies of the city government. The City Manager may also transfer to or between offices, departments and agencies or sell surplus or obsolete supplies, materials and equipment.
      (2)   All purchases of and contracts for supplies, materials, equipment and contractual services shall, except as specifically provided herein, be based wherever possible on competitive bids.
      (3)   (a)   All supplies, materials, equipment and contractual services, except as otherwise provided herein, when the estimated costs thereof shall exceed $25,000, shall be purchased by formal written contract from the lowest and best bidder, after due notice inviting bids.
         (b)   Except as hereinafter provided, the purchase shall be approved in advance by the City Council.
      (4)   (a)   Notice inviting bids shall be published at least once in an official newspaper in the city and at least ten days prior to the last day set for receipt of bids.
         (b)   The notice shall include a general description of the articles or services being purchased, shall state where detailed specifications may be obtained and the time and place for opening bids.
         (c)   The City Manager shall also mail the notice inviting bids to all responsible prospective suppliers who have requested mailing of bid notices, and to any other suppliers known to the City Manager or department head to be interested in bidding on the particular purchase.
      (5)   All purchases of and contracts for supplies, materials, equipment, public construction contracts and contractual services of less than the estimated value of $25,000, shall be made in the open market without advertisement for bids, and without necessity of the final written contract procedure set forth above.
      (6)   (a)   All open market purchases shall be based on at least three competitive quotes obtained by documented telephone solicitation or in writing, except where not possible or practical. Records of all quotes received on open market purchases shall be maintained with the original purchase order.
         (b)   No contract or purchase shall be subdivided or split to avoid any of the provisions of this section.
      (7)   The City Manager is authorized to delegate purchasing responsibility to other employees of the city under his or her supervision and under the rules and regulations as he or she may deem appropriate.
      (8)   (a)   Materials, supplies, equipment or services available only from a single source may be purchased by the City Manager without obtaining quotes or bids.
         (b)   Materials, supplies, equipment and services may be purchased without obtaining quotes or bids where purchased at or below the state central purchasing contract bid price from any vendor offering the same or equivalent materials, supplies, equipment or services.
         (c)   Materials, supplies, equipment, or services may be purchased without obtaining quotes or bids where purchased through an interstate/interlocal purchasing agreement entered into between the city or its trusts and the interstate purchasing co-operative. This division (B)(8)(c) shall not apply to "Public Construction Contracts" as defined in the Oklahoma Public Competitive Bidding Act of 1974, (61 O.S. §§ 101 et. seq.)
         (d)   Where the City Manager declares that an emergency exists which would require that the requirement of obtaining quotes or bids be waived, then no bids or quotes need be obtained, and the City Manager is authorized to expend up to $75,000, as necessary, to remedy the emergency without prior City Council approval, subject to the following procedure: At least 24 hours prior to the expenditure, the City Manager shall notify in writing or via email, the Mayor and members of City Council of the proposed emergency by describing the nature of the emergency and the proposed expenditure; prior to the stated time of the proposed emergency expenditure, either the Mayor or any three Council members may call an Emergency Meeting of the City Council if they determine the need for Council consideration before the expenditure; following the emergency expenditure the City Manager shall list the expenditure at the next City Council meeting for ratification.
         (e)   No bids or quotes are required to be obtained for professional services and other contractual services which are unique and not subject to competition.
         (f)   Bulk gasoline and diesel fuel may be purchased by the City Manager without prior City Council approval and without competitive bidding, provided at least three open market quotes shall be obtained and documented in writing as provided in division (6)(a) above, and the fuel purchased at the lowest price.
      (9)   Property valued at more than $2,000, shall be sold or traded in only after approval by the City Council, and shall be submitted for competitive bidding or public auction as the Council may direct and under the notice and advertisement as the Council may direct. Property valued at less than $2,000, may be sold or traded in by the City Manager without City Council approval under the condition as the City Manager deems appropriate.
      (10)   Nothing in this section shall be construed as limiting the ability of the City Manager to construct improvements or perform other projects by the force account method.
      (11)   The city reserves the right to reject any bids for purchases or sales of property or services where the public interest will be served thereby.
      (12)   All contracts awarded for purchases or sales of supplies, materials, equipment or services shall be awarded to the lowest, most responsible and most responsive bidder.
      (13)   It is the intent of this section to procure for the city the highest quality of supplies, materials, equipment and services at the least expense to the city. Further, the intent is to encourage full and open competition on all purchases and sales. This section shall be interpreted and construed in furtherance of this intent.
(Prior Code, § 2-106) (Ord. 1280, passed 3-6-84; Am. Ord. 1419, passed 1-19-88; Am. Ord. 1556, passed 8-6-96; Am. Ord. 1615, passed 7-6-99; Am. Ord. 1644, passed 10-3-00; Am. Ord. 1890, passed 1-20-15)
   (C)   (1)   The City Manager is hereby authorized to declare an emergency and to enter into all necessary contracts, not exceeding the sum of $75,000, per occurrence, for the emergency repair and/or replacement of public improvements without prior approval of the City Council and without competitive bidding under the procedures set forth in division (B)(8)(d) above.
      (2)   For the purpose of this division (C), the following definition shall apply unless the context clearly indicates or requires a different meaning.
         EMERGENCY. A determination by the City Manager that the condition requiring repair or replacement results from a sudden, unexpected condition or unforeseen occurrence or condition, and is a situation wherein the public health and/or safety is immediately endangered.
(Prior Code, § 2-106.1) (Ord. 1396, passed 3-3-87; Am. Ord. 1732, passed 8-3-04; Am. Ord. 1801, passed 5-6-08; Am. Ord. 1890, passed 1-20-15; Am. Ord. 1936, passed 6-6-17; Am. Ord. 1979, passed 9-16-19)