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The Director shall have the power and it shall be his duty:
(a) Purchase or contract. To purchase or contract for all supplies and contractual services needed by any agency in accordance with purchasing procedures as prescribed by this article and such rules and regulations as the Director shall adopt for the internal management and operation of the office of Director of Purchases and Supplies and such other rules and regulations as shall be prescribed by the Mayor as the purchasing functions related to executive staff offices and departments.
(1) Exceptions prohibited. The authority of the Director to negotiate all purchases for all agencies shall not be abridged by excepting by rule any particular agency.
(2) Unauthorized purchases. Except as herein provided, it shall be unlawful for any agency to order the purchase of any supplies or make any contract within the purview of this article other than through the Director and any purchase ordered or contract made contrary to the provisions hereof shall not be approved and the City shall not be bound thereby.
(b) Other powers and duties. In addition to the purchasing authority conferred in subsection (a) above and in addition to any other powers and duties conferred by this article, the Director shall:
(1) Minimum expenditure. Act to procure for the City the highest quality in supplies and contractual services at least expense to the City.
(2) Encourage competition. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales;
(3) Purchasing analysis. Keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private businesses and organizations.
(4) Forms. Prescribe and maintain such forms as he shall find necessary to the operation of this article.
(5) Standard nomenclature. Prepare and adopt a standard purchasing nomenclature for agencies and suppliers.
(6) Vendor’s catalog file. Prepare, adopt and maintain a vendor’s catalog file.
(7) Bulk purchases. Exploit the possibilities of buying “in bulk” so as to take full advantage of discounts.
(8) Tax exemptions. So as to procure for the City all tax exemptions to which it is entitled.
(9) Cooperation with Department of Finance. Cooperate with the Department of Finance so as to secure for the City the maximum efficiency in budgeting and accounting to the extent required by the Director of Finance.
(10) Disqualification of bidders. Have the authority, with the approval of the Mayor to declare vendors who default on the quotations or contracts irresponsible bidders and to disqualify them from receiving any business from the City for a stated period of time. Any vendor who feels himself aggrieved by the decision may, within ten (10) days of notification of such determination, make objections thereto, in writing, to the City Clerk. Within fifteen (15) days of the receipt of said notification, the City Council shall, after public hearing, make a final determination as to the disqualification of the vendor, which determination shall be final.
(Ord. 2553, passed 4-12-1976; Ord. 3178, passed 7-8-1991)
(a) Requisitions or estimates. All agencies, either by or with the authorization of the head of the department under which the agency operates, shall file with the Director detailed requisitions or estimates of their requirements in supplies and contractual services in such manner, at such times, and for such future periods as may be required for budgeting and accounting purposes.
(b) Unforeseen requirements. An agency shall not be prevented from filing, in the same manner, with the Director at any time a requisition or estimate for any supplies and contractual services, the need for which was not foreseen when the detailed estimates were filed.
(Ord. 2553, passed 4-12-1976)
Except in cases of emergency, the Director shall not issue any order for delivery on a contract or open market purchase until the Chief Finance Officer shall have certified, after preaudit, that there is to the credit of the agency concerned a sufficient unencumbered appropriation balance, in excess of all unpaid obligations, to defray the amount of such order.
(a) Vendor information shall be furnished on a monthly basis to City Council.
The Director shall furnish to the Council by the fifteenth day of each month a list of all vendors, with or without a contract, to whom money was owed as of the last day of the preceding month. In addition to the name of each vendor the list shall contain each vendor’s address, and, as of the last day of the preceding month, the total amount of money owed to each vendor, and how much of the amount owed each vendor has been due for more than 30 days and more than 60 days.
A violation of this ordinance is considered a misdemeanor, punishable by a $500.00 fine, and/or 90 days in jail.
(Ord. 2553, passed 4-12-1976; Ord. 3628, passed 11-8-2004)
All supplies and contractual services, except as otherwise provided herein, when the estimated cost thereof shall exceed $3,000.00 shall be purchased by written contract or purchase order from the lowest responsible bidder, after due notice inviting proposals; and no purchase in excess of $3,000.00 shall be made by the Director and/or Manager, except upon the approval of the City Council. In the event that purchases made without City Council approval from any one supplier exceed $3,000.00 in any fiscal year, City Council shall be informed of such in writing by the Director of Purchases and/or Purchasing Manager. All sales of personal property with an estimated value in excess of $3,000.00 shall be sold by written contract or bill of sale to the highest responsible bidder, after due notice inviting proposals.
(a) Notice inviting bids.
(1) Electronic media and/or newspaper.
a. Notices inviting bids/proposals shall be published at least five (5) days preceding the last day set for the receipt of proposals on the City of Flint website, any electronic media service, or at least one newspaper of general circulation in the City, if funding is available.
b. Scope of notice. The electronic media and/or newspaper notice required herein shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
(2) Bidder’s list. The Director and/or Manager shall also solicit sealed bids from all responsible prospective suppliers who have requested their names be added to a “bidders list,” which the Director and/or Manager shall maintain by directing prospective suppliers to the available electronic media source or by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders’ list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
(b) Bid deposits. When deemed necessary by the Director and/or Manager, bid deposits shall be prescribed in the public notice inviting bids. Unsuccessful bidders shall be entitled to return of bid deposits upon award of the contract. A successful bidder shall forfeit any bid deposit required by the Director and/or Manager upon failure on his part to enter a contract within ten (10) days after the award.
(c) Bid opening procedure.
(1) Sealed. All bids and proposals shall be submitted via either the electronic media source or in a sealed envelope to the Director and/or Manager and shall be identified as such electronic means or on the face of the envelope.
(2) Opening. Bids shall be opened in public at the time and place stated in the public notices and shall be witnessed by the City Clerk’s designee.
(3) Tabulation. A tabulation of all bids received shall be available for public inspection.
(d) Rejection of bids.
(1) The Director and/or Manager shall have the authority to reject any bids, or any part thereof, when the public interest shall be served thereby; provided, however, that in such event the public interest shall be clearly stated in the notice of rejection.
(2) Bidders in default to City. The Director and/or Manager shall not knowingly accept a bid from a contractor who is in default on the payment of taxes, licenses or other monies due the City. Contracts with bidders who are found to have been in default at the time of award of the contract shall be voidable.
(e) Award of contract.
(1) Authority of the Director and/or Manager. The Director and/or Manager shall have the authority to award contracts within the purview of this article, subject to the approval of the City Council.
(2) Lowest responsible bidder. Contracts shall be awarded to the lowest responsible bidder. In determining the “lowest responsible bidder,” in addition to price, the Director and/or Manager shall consider the following factors, among others:
a. The ability, capacity and skill of the bidder to perform the contract or provide the services required;
b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
c. The character, integrity, reputation, judgment, experience and efficiency of the bidder in business;
d. The quality of performance of previous contracts or services;
e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;
g. The quality, availability and adaptability of the supplies, or contractual services, to the particular use required;
h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
i. The number and scope of conditions attached to the bid;
j. Compliance with the City’s affirmative action program;
k. Other factors involved. A contract may be awarded to a bidder based on factors other than the lowest bid, including but not limited to the bidder’s competence, reliability and/or skills; provided that the Director and/or Manager submits a report detailing such factors to City Council subject to its approval.
(f) Award to other than the low bidder. From the bidders so determined to be responsible, the Director and/or Manager shall award the contract to the lowest such bidder; provided, that in determining the lowest bid, the Director and/or Manager shall consider the bona fide business location of the bidder. If the lowest responsible bidder is not located within the City limits of Flint, and the lowest bid of the responsible bidders located within the City limits of Flint does not exceed that of the lowest nonlocal bidder by more than seven percent (7%), then the Director and/or Manager may determine said lowest local bidder to be the lowest responsible bidder, and make the award to such local bidder accordingly, subject to the approval of the City Council. Additionally, if the lowest responsible bidder is not located within the limits of the City of Flint, and the lowest bid of the responsible bidder located within the County of Genesee does not exceed the bid of the lowest nonlocal bidder by more than three and one- half percent (3.5%), then the Director and/or Manager may determine said lowest Genesee County bidder to be the lowest responsible bidder, and make the award to such Genesee County bidder accordingly, subject to the approval of the City Council.
(g) Irresponsible bidder; statement required. When bidders are determined not to be responsible bidders and their bids would have been lower than the bid actually awarded, a full and complete statement of the reason for such determination shall be prepared by the Director and/or Manager and filed with the other papers relating to the transactions.
(h) Performance bonds. The Director and/or Manager shall, in his discretion, have the authority to require either a performance bond, cash deposit or surety, before entering a contract, in such amount as he shall find reasonably necessary to protect the best interests of the City.
(i) Unique services. Professional or personnel contractual services which have been proven to be unique and not subject to the requirements of the competitive bidding process in excess of $2,000.00 cumulative for a fiscal year shall require City Council approval unless otherwise provided by the Charter or other law.
(j) Prohibition against subdivision. No contract or purchase order shall be subdivided to void the requirements of this section.
(k) Termination of contract. No contract or purchase which was made or awarded with the approval of the City Council may be terminated by the Director and/or Manager or any other member of the Executive Branch without first obtaining the approval of City Council for such termination.
(Ord. 2553, passed 4-12-1976; Ord. 2883, passed 8-8-1983; Ord. 2964, passed 7-22-1985; Ord. 3178, passed 7-8-1991; Ord. 3331, passed 5-13-1996; Ord. 3625, passed 10-11-2004; Ord. 3715, passed 6-9-2008; Ord. 3751, passed 4-27-2009; Ord. 3755, passed 6-22-2009)
All purchases of supplies, contractual services, or sales of personal property which is unsuitable for continued use, which has an estimated value of less than three thousand five hundred dollars ($3,500.00), may be made in the open market, without proper advertisement and without observing the procedure prescribed in § 18-21.5 for the award of formal contracts.
(a) Minimum number of bids. All open market purchases shall, whenever feasible, be based on at least three (3) competitive bids, and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in § 18-21.5(e)(2).
(b) Notice inviting bids. The Director shall solicit bids by:
(1) Direct mail request to prospective vendors; or
(2) By telephone; or
(3) By public notice posted on the bulletin boards of the City Hall.
(c) Recording. The Director shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall also be open to public inspection.
(Ord. 2553, passed 4-12-1976; Ord. 3178, passed 7-8-1991)
Petty cash funds may be established within any agency with the approval of the Director of Finance. From this fund shall be paid all purchases not in excess of $100.00 each, made by the heads of agencies for incidentals, with the approval of the Director. The Director shall promulgate rules and regulations for use of the petty expenditures revolving fund.
(Ord. 2553, passed 4-12-1976; Ord. 3178, passed 7-8-1991; Ord. 3716, passed 6-9-2008)
(a) Administration. The Director shall control and supervise storerooms and warehouses and shall administer the storeroom’s revolving fund.
(b) Storeroom’s revolving fund. There is hereby created a storeroom’s revolving fund.
(1) Accounting procedure. Requisitions from supplies, in a storeroom or warehouse shall be credited by the Director to the storeroom’s revolving fund by a charge against the appropriation of the using agency.
(2) Inventory. The Director shall maintain a perpetual inventory record of all materials, supplies or equipment stored in storerooms and warehouses.
(Ord. 2553, passed 4-12-1976)
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