(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)