TITLE 2
FINANCE AND TAXATION
CHAPTER 1
GENERAL FINANCE PROVISIONS
SECTION:
2-1-1: Depositories Designated; Deposit Of Funds
2-1-2: Purchasing Agent; Determinations
2-1-3: Purchasing Policies, Limits
2-1-4: Initiation Of Purchase Activities
2-1-5: Purchase Requests; Bid Requirements; Contract
2-1-6: Change Orders
2-1-7: Payment Of Claims
2-1-8: Code Of Conduct; Conflict Of Interest
2-1-9: City Officers Restricted
2-1-10: Internal Controls
2-1-1: DEPOSITORIES DESIGNATED; DEPOSIT OF FUNDS:
   A.   Use Of Designated Depositories: Banks and all savings and loan associations which are incorporated under federal or state law may be designated as depositories for the funds of the city. The city treasurer shall deposit daily all public funds received by him in such banks or savings and loan associations. (1987 Code § 7-101)
   B.   Funds Secured: The deposits of the city shall be secured pursuant to the security for local public deposits act, 62 Oklahoma Statutes section 517.1 et seq. (1987 Code § 7-102; amd. 2004 Code)
2-1-2: PURCHASING AGENT; DETERMINATIONS:
The city council shall appoint a purchasing agent or agents for the city. The purchasing agent shall determine, before purchases are made, that:
   A.   Funds are available;
   B.   The purchase is within the budget of the department;
   C.   The purchase is within the scope of the program for which the request is made; and
   D.   The department head has made the request for purchase. (1987 Code § 7-103)
2-1-3: PURCHASING POLICIES, LIMITS:
   A.   Except as otherwise provided by applicable law or ordinance, all city purchases shall be made by the city purchasing agent. The City Manager shall act as purchasing agent unless otherwise provided by this Code or any other city ordinance consistent with applicable law. The City Manager is authorized to make any purchases that he/she deems necessary for the proper functioning of the city government, provided that all purchases shall conform strictly to the conditions of the budget.
The City Manager may appoint such deputy purchasing agents as shall seem advisable and confer upon them authority to act in such amounts and such circumstances as he/she shall determine, however the purchasing authority of any deputy purchasing agent shall not exceed $1000.00.
   B.   Pursuant to law and applicable ordinances, the city manager or his designated deputy shall, if budgeted by the City Council and/or McLoud Public Works Authority, contract for and purchase or shall issue purchase orders for all supplies, materials and equipment for the offices, departments and agencies of the city government and public works authority in an amount not exceeding $30,000. Such contracts and purchases shall be made without prior approval of the City Council or Public Works Authority, if budgeted. If the city manager contracts for or issues purchase orders for supplies, materials or equipment with funds not previously budgeted, he may only expend up to $10,000, for City expenditures, or $20,000 for Public Works without prior approval of the City Council, or McLoud Public Works Authority, as the case may be. However, nothing contained in this subsection shall be construed to prohibit the expenditure of funds, the making of purchases or the letting of contracts in an emergency involving the health, safety and welfare of the City, when, in the reasonable opinion of the City Manager, such purchase or contract cannot await the calling of a special or emergency meeting of the City Council or Public Works Authority. (1987 Code § 7-104; amd. Ord. 2004-17, 9-9-2004; Ord. 2022-04, 9-23-2021)
2-1-4: INITIATION OF PURCHASE ACTIVITIES:
   A.   Requisitions: All requests to purchase goods and services shall be initiated by the appropriate department upon completion and presentation of a purchase requisition to the purchasing agent. Such requisitions shall contain information sufficient for the purchasing agent to procure such goods and services.
   B.   Determinations: Upon receipt of the completed purchase requisition, the purchasing agent shall make the determinations required in section 2-1-2 of this chapter.
   C.   Duties Of Purchasing Agent: If all criteria in subsection B of this section are met, the purchasing agent shall: (1987 Code § 7-105)
      1.   For purchases under the limits established by subsection 2-1-3B of this chapter: (Ord. 2001-09, 9-13-2001)
         a.   Approve the purchase requisition;
         b.   Encumber funds for the purchase; and
         c.   Initiate a purchase order and place the order. (1987 Code § 7-105)
      2.   For purchases over the limits established by subsection 2-1-3B of this chapter, present the purchase request to the city council for disposition. (1987 Code § 7-105; amd. Ord. 2001-09, 9-13-2001)
2-1-5: PURCHASE REQUESTS; BID REQUIREMENTS; CONTRACT:
   A.   Processing Requests: For all purchase requests not authorized for approval by the purchasing agent, the city council shall:
      1.   Approve or disapprove all purchase requests not requiring the bid process under state and federal laws and regulations.
      2.   Initiate the solicitation of bids for all purchases requiring the bid process. Such bid process shall conform to all applicable state and federal requirements.
      3.   Upon selection of the winning bidder by the city council, such council shall authorize the purchasing agent to award the contract. In the case of federal or state funds covered by the contract, the city council shall follow the prescribed procedures for awarding the contract.
   B.   Contract Payments: After the contract has been awarded, the purchasing agent shall encumber funds sufficient to pay the contract and set up a payment schedule to match contract payments. (1987 Code § 7-106)
2-1-6: CHANGE ORDERS:
   A.   Issuance For Change Order: The purchasing agent shall issue a change order upon approval by the city council, at any time the scope of the contract changes.
   B.   Claim Covered By Contract: No payment shall be made for any claim from a contractor unless that claim is covered by the basic contract or a written change order signed by the purchasing agent and approved by the city council. (1987 Code § 7-107)
2-1-7: PAYMENT OF CLAIMS:
   A.   Prompt Payment: Payment of all claims shall be prompt and within the availability of funds.
   B.   Submitting Requests: Requests for payment shall be submitted upon the appropriate claim form and accompanied by a signed certificate of completion.
   C.   Review: The purchasing agent shall review each claim to verify that the goods and services are within the scope of the contract or purchase order, and that such goods and services have been received.
   D.   Approval At Council Meeting: The purchasing agent will submit the claim for approval at the next regular or special meeting of the city council. (1987 Code § 7-108)
   E.   Making Payment; Signatures Required: Upon approval by the city council, payment for the claim or purchase order shall be made. Payment shall be made by warrant, check, or other instrument which shall bear signatures of two (2) city officials who are authorized to sign warrants, checks, or other instruments. (Ord. 1992-02, 4-9-1992; amd. 2004 Code)
2-1-8: CODE OF CONDUCT; CONFLICT OF INTEREST:
   A.   Prohibition: No employee, officer or agent of the city utilizing federal, state or local funds in the award or administration of a contract shall participate in the selection, award or administration of any contract if a conflict of interest, real or apparent, shall be present.
   B.   Description Of Conflict: Such conflict shall be present when:
      1.   Any employee, officer or agent of the city or any member of their immediate families or their partners have a financial or other interest in the firm selected for contract award; or
      2.   Any organization which may receive, or has been awarded, a contract employs or is about to employ any person under subsection B1 of this section.
   C.   Accepting Gratuities, Favors: No officer, employee or agent of the city shall solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or other parties to contracts.
   D.   Violations; Penalties: Any officer, employee or agent of the City in violation of this section shall be subject to the penalties, sanctions or disciplinary actions of Federal and State laws, and violations shall be referred to the appropriate officer of such entity for disposition. (1987 Code § 7-109)
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