(a) Scope of purchasing authority. The Town Manager, or the Town Manager's designee, shall act as purchasing agent for the Town.
(1) Purchase or contract. The Town Manager shall have the power and it shall be the Town Manager's duty to purchase or contract for all supplies, professional services, and services needed by any using agency of the Town, in accordance with purchasing procedures as prescribed by this article, such rules and regulations as may be adopted for the internal management and operation of the purchasing function, and such rules and regulations as shall be prescribed by the Town Manager or the Town Commission.
(2) Unauthorized purchases. Except as herein provided, no Town officer or employee shall order the purchase of any supplies or services or make any contract within the purview of this article other than through the Town Manager or the Town Manager's designee, unless otherwise approved by the Town Commission. Any purchase ordered or contract made contrary to the provisions hereof shall not be considered approved by the Town.
(3) The Town Manager is authorized to purchase budgeted supplies, services, or professional services when the purchase amount does not exceed $5,000. The Town Manager may negotiate, enter into, and execute appropriate purchase orders or contracts for the purchase of said supplies, services, or professional services not exceeding $5,000 without Town Commission approval. Additional expenditures exceeding the $5,000 threshold must be approved by the Town Commission.
(4) The Town Manager is authorized to negotiate the purchase of supplies, services, or professional services for amounts in excess of $5,000; provided that no purchase order shall be issued or contract executed committing the Town to said purchase. A purchase order may be issued, or contract executed, by the Town Manager, at such time as: (i) sufficient funds have been appropriated by the Town Commission or funds exist in the budget category from which funds to pay for said supplies, services, or professional services would come from; and (ii) if a standard Town purchase order is to be used, the actual purchase has been approved by the Town Commission, or if other than a standard Town purchase order is to be used, the actual contract for the purchase of services, supplies, or professional services has been approved by the Town Commission. Purchase orders, contracts, and approvals for appropriation, involving purchase of supplies, services, or professional services in an amount of less than $25,000 may be routinely approved by placement on the Town Commission's consent agenda.
(5) Prohibition against subdivision. No contract or purchase shall be subdivided solely to avoid the requirements of this section.
(b) Other powers and duties. In addition to the purchasing authority conferred in division (a) of this section and in addition to any other powers and duties conferred by this article, the Town Manager, and said the Town Manager's designee, shall be required to adhere to the following requirements:
(1) Minimum expenditures. Act to procure for the Town the highest quality in supplies and contractual services at the lowest effective cost to the Town.
(2) Encourage competition. Endeavor to obtain as full and open competition as possible on all purchases of supplies and services.
(3) Rules and regulations. Establish, enforce, and amend, when necessary, all rules and regulations authorized by this article and any others necessary to its operation.
(4) Purchasing analysis. Keep informed of current developments in the field of purchasing, prices, market conditions, and new products and secure for theTown 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.
(5) Forms. Prescribe and maintain such forms as the Town Manager shall find reasonably necessary to the operation of this article.
(6) Standard nomenclature. Prepare and adopt a standard purchasing nomenclature for using agencies and supplies.
(7) Vendors' catalog file. Prepare, adopt and maintain a vendors' catalog file. Said catalog file shall be filed according to types of supplies and services and shall contain descriptions of vendors, commodities, prices and discounts as well as other pertinent information.
(8) Bulk purchases. Exploit buying in bulk so as to take full advantage of discounts.
(9) Tax exemptions. Act so as to procure for the Town all federal and state tax exemptions to which it is entitled.
(10) Cooperation with the department of finance. Cooperate with the department of finance and using agencies to secure for the Town the maximum efficiency in budgeting and accounting.
(11) Bidder and contractor performance history. Maintain a performance history of bidders and contractors to assist in determining whether a bidder for a contract or purchase order is responsible to perform said contract or purchase order.
(Ord. 92-09, passed 12-16-92; Am. Ord. 2003-01, adopted 6-25-03; Am. Ord. 2022-02, adopted 8-17-22)