(A) 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 law and/or otherwise delegated by the Board of Commissioners, the City Manager shall have the authority to:
(1) Prepare, or cause to be prepared, plans and/or specifications setting forth a complete description of the items(s) to be purchased and the characteristics, features, and/or requirements therefor;
(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, 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 Board of Commissioners following the award of any contract(s) pursuant to this section, the City Manager shall submit a report to the Board of Commissioners summarizing the bids received and contract(s) awarded. The 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 G.S. § 143-129(f) and cases of purchases from established contracts pursuant to G.S. § 143-129(g), unless otherwise provided by law, the provisions of this section shall apply to the purchase of apparatus, supplies, materials or equipment requiring the estimated expenditure of municipal funds as set forth in G.S. § 143-129(a) for any one item or group of similar items.
(D) Appropriation required. No purchase shall be made by the City Manger under authority of this section unless an appropriation for such purpose has been authorized in the annual budget, or by supplemental appropriation amendment duly adopted by the Board of Commissioners.
(E) Application of general statutes. In acting pursuant to the authority delegated by this section, the City Manager 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Chapter 143 of the North Carolina General Statutes, as from time to time amended, modified, supplemented, revised, or superseded, to the same extent as would have otherwise applied to the Board of Commissioners.
(Ord. 98-2-1, passed 2-10-98)
Statutory reference:
Similar provisions, see G.S. §143-129(a)
Similar provisions, see G.S. §143-129(a)