(A) Grant of Authority. Subject to the restrictions and conditions hereinafter provided, when purchasing apparatus, supplies, materials or equipment for use by the City, in addition to such authority as may be provided by the law and/or otherwise delegated by the City Council, the Director of Finance and Administration, the City's Chief Purchasing Official, shall have the authority, subject to the provisions of and as authorized by G.S. § 143-129, to:
(1) Prepare, or cause to be prepared, plans and/or specifications setting forth a complete description of the item(s) to be purchased and the characteristics, features and/or requirements therefore;
(2) Include, where appropriate, in specifications for the item(s) to be purchased, an opportunity for bidders to purchase as trade-in specified personal property owned by the City;
(3) Advertise electronically or in a newspaper of general circulation or any combination of either means, or otherwise secure bids, for such item(s) if required under applicable law;
(4) Award contracts for the purchase of the item(s) and, where applicable, award contracts for the purchase of the item(s) and the sale of trade-in property;
(5) Reject bids;
(6) Readvertise to receive bids;
(7) Waive bid bond or deposit requirements;
(8) Waive performance and payment bond requirements; and
(9) Execute and deliver the purchase contract(s).
(B) Report. At the first meeting of the City Council following the award of the any contract(s) pursuant to this Ordinance, the Director of Finance and Administration or his/her designee shall submit a report to the City Council summarizing the bids received and the contract(s) awarded. Such report shall be included in the minutes of the meeting at which it is received.
(C) Extent of Authority. Except in cases of sole source purchases pursuant to N.C. Gen. Stat. § 143-129(f) and cases of purchase from established contracts pursuant to N.C. Gen. Stat. §143-129(g), unless otherwise provided by law, the provisions of this Ordinance shall apply to the purchase of all apparatus, supplies, materials, or equipment required for use by the City.
(D) No Limitation of Other Authority. The provisions of this Ordinance are not intended to limit, restrict or revoke, in any manner, authority otherwise granted and/or delegated to the Director of Finance and Administration or his or her designee by statute, law or action of the City Council.
(E) Appropriation Required. No purchase shall be made by the Director of Finance and Administration under authority of this Ordinance unless an appropriation for such purpose has been authorized in the annual budget, or by supplemental appropriation or budget appropriation amendment duly adopted by the City Council.
(F) Application of General Statutes. In acting pursuant to the authority delegated by this Ordinance, the Director of Finance and Administration shall comply with the requirements of Article 8, Chapter 143 of the North Carolina General Statutes, as from time to time amended, modified, supplemented, revised, or superseded, to the same extent as would have otherwise applied to the City Council.
(G) Restriction on Authority. The authority granted herein is restricted to purchases not exceeding One Hundred Thousand and No/100 Dollars ($100,000.00).
(H) Effective Date. This Ordinance shall be effective upon adoption.
(Ord. O-1999-11, passed 4-6-99; Am. Ord. O-2002-03, passed 1-15-02; Am. Ord. O-2005-39, passed 11-15-05)
(A) The Director of Finance and Administration or the Administrative Services Manager are hereby authorized to dispose of any surplus personal property owned by the City of Monroe, whenever he or she determines, in his or her discretion, that:
(1) The item or group of items has a fair market value of less than thirty thousand dollars ($30,000.00);
(2) The property is no longer necessary for the conduct of public business; and
(3) Sound property management principles and financial considerations indicate that the interests of the City would best be served by disposing of the property.
(B) The Director of Finance and Administration or Administrative Services Manager may dispose of any such surplus personal property by any means which he or she judges reasonably calculated to yield the highest attainable sale price in money or other consideration, including but not limited to the methods of sale provided in Article 12 of N. C. Gen. Stat. Chapter 160A. Such sale may be public or private, and with or without notice and minimum waiting period. Notice, if given, will be advertised electronically or in a newspaper of general circulation or any combination of either means.
(C) The surplus property shall be sold to the party who tenders the highest offer, or exchanged for any property or services useful to the City if greater value may be obtained in that manner, and the Director of Finance and Administration or the Administrative Services Manager are hereby authorized to execute and deliver any applicable title documents. If no offers are received within a reasonable time, the Director of Finance and Administration or the Administrative Services Manager may retain the property, obtain any reasonably available salvage value, or cause it to be disposed of as waste material. No surplus property may be donated to any individual or organization except by resolution of the City Council.
(D) The Director of Finance and Administration or the Administrative Services Manager shall keep a record of all property sold under authority of this Ordinance and that record shall generally describe the property sold or exchanged, to whom it was sold, or with whom exchanged, and the amount of money or other consideration received for each sale or exchange.
(E) This Ordinance is enacted pursuant to the provision of N.C. Gen. Stat. § 160A-266(c).
(F) This Ordinance shall become effective upon adoption.
(Ord. O-1999-17, passed 4-6-99; Am. Ord. O-2002-03, passed 1-15-02; Am. Ord. O-2005-39, passed 11-15-05)
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