A. Contractual Services Defined: "Contractual services", for the purpose of this section, means services performed for the city by persons not in the employment of the city, and may include the use of equipment or the furnishing of commodities in connection with the services under express or implied contract. Contractual services shall include travel; freight; express; parcel post; postage; telephone; telegraph; utilities; rents; printing out; binding; repairs, alterations and maintenance of buildings, equipment, streets and bridges, and other physical facilities of the city; and other services performed for the city by persons not in the employment of the city. (1988 Code § 7-103)
B. Purchases:
1. Authorization Required: All purchases of supplies, materials, equipment and contractual services for the offices, departments and agencies of the city government, shall be made by the city council or by other city personnel in accordance with purchase authorizations issued by the city council. (1988 Code § 7-104)
2. Purchasing Limits; Emergency:
a. Any purchase of one thousand dollars ($1,000.00) or more shall be approved by the mayor prior to making the purchase. Any department head or authorized purchasing agent is hereby authorized to make purchases on behalf of the city for a sum not to exceed one thousand dollars ($1,000.00).
b. The mayor is hereby authorized to approve purchases on behalf of the city for sums exceeding one thousand dollars ($1,000.00) but less than two thousand five hundred dollars ($2,500.00).
c. Any purchase in excess of two thousand five hundred dollars ($2,500.00) shall be approved by council.
d. If an emergency exists and the mayor is unavailable, the committee chairman the appropriate committee and a majority of the committee members may approve the purchase without the prior approval of the mayor.
C. Bidding; When Required: No public contract for the purchase of equipment, vehicles and any other fixed asset or improvement to property, whether real or personal, which purchase is in excess of two thousand five hundred dollars ($2,500.00), or any other purchase that the mayor, or in his absence, the appropriate committee chairman and majority of the committee, feels the necessity to bid shall be purchased until there has been a solicitation for competitive quotations on prices or bids which shall be submitted to the city council for consideration. The city council shall authorize the purchase, decline to approve the purchase or request new quotations or bids. However, the two thousand five hundred dollar ($2,500.00) quote/bid requirement may be waived by the city council if the city council determines that the same will be prudent to do so and in the best interest of the city. Further, this requirement shall not apply to the purchases of inventory, consumable supplies or professional services, including, but not limited to, architectural, engineering and legal services. (Ord. 2006-15, 9-19-2006)
D. Affidavit Required; Over Twenty Five Thousand Dollars:
1. On every invoice submitted to the city for payment of an architect, contractor, engineer or supplier of materials of twenty five thousand dollars ($25,000.00) or more, there shall be included the following signed and notarized statement:
STATE OF OKLAHOMA)
) ss.
COUNTY OF MAYES)
The undersigned (architect, contractor, engineer or supplier), of lawful age, being first duly sworn, upon oath says that this invoice or claim is true and correct. Affiant further states that the (work, services or materials) as shown by this invoice or claim have been (completed or supplied) in accordance with the plans, specifications, orders or requests furnished by the affiant. Affiant further states that she/he has made no payment directly or indirectly to any elected official, officer or employee of the City of Pryor Creek, of money or any other thing of value to obtain payment.
Architect, Contractor, Supplier, Engineer
Subscribed and sworn to me this day of , 20 .
Notary Public (or clerk or judge)
My Commission expires:
(Ord. 2009-3, 3-17-2009)
2. Any contract executed with an architect, contractor, supplier or engineer for work, services or materials which are needed on a continual basis from such architect, contractor, supplier or engineer under the terms of such contract, or executing more than one contract during the physical year with such architect, contractor, supplier or engineer, may require that the architect, contractor, supplier or engineer complete a signed and notarized affidavit in substantial form as provided by subsection D1 of this section, which shall apply to all work, services or materials completed or supplied under the terms of the contract or contracts and shall be in lieu of all individual affidavits for each invoice submitted in relation to such contract or contracts required in subsection D1 of this section. (Ord. 95-1, 3-7-1995)
E. Purchase Order Process: The mayor and city clerk shall be responsible for the compilation and approval of purchase order procedures for all claims made against the city, exclusive of the municipal utility department. The city council shall approve this procedure prior to its implementation. Minimal requirements for the procedure shall include: (Ord. 95-6, 12-19-1995)
1. Claims: All claims shall be made on a prenumbered purchase order form. Each department head or authorized purchasing agent of the city will be responsible to obtain at least three (3) quotes unless the item or service purchased is from a sole source vendor, the purchase or service obtained is under one thousand dollars ($1,000.00) or the mayor approves the purchase and it does not exceed two thousand five hundred dollars ($2,500.00). The department head or authorized purchasing agent shall prepare a purchase order prior to commitment of city funds. The purchase orders shall include documentation of quotes obtained or reasons quotes were not obtained. (Ord. 2006-15, 9-19-2006)
2. Less Than Five Hundred Dollars: Purchases of less than five hundred dollars ($500.00) may be made by department heads or authorized purchasing agents without the necessity of encumbering funds before the purchase is made. Any purchase over five hundred dollars ($500.00) must be made in accordance with the state purchase order requirements as outlined in the statutes of the state.
3. Encumbrances: No department shall have in excess of one thousand dollars ($1,000.00) in committed purchases unencumbered in total at any time.
4. Invoices: Invoices presented for payments from city funds shall be reviewed and approved by the department head or authorized purchasing agent and then forwarded to the city clerk's office for processing and presentation for city council approval.
5. Blanket Orders: Blanket purchase orders may be issued by authorized purchasing agents or department heads. However, such blanket purchase orders must be approved by the City Council prior to usage and the date of City Council approval is to be entered on the blanket purchase order. (Ord. 95-6, 12-19-1995)
F. Gifts Or Donations Of Public Funds:
1. Prohibited: No purchase order shall contain any amount of gift or donation of public funds directly by the payment of money or by providing free rent, utilities or other services indirectly by lending public equipment or employees when the primary benefit goes to a private corporation, association or individual. This includes charities, civic or youth groups, or any other private organization. (1988 Code § 7-108; amd. 2000 Code)
2. Exception:
a. There is a need for providing the senior citizens of the City with locations for social functions, recreation, meeting, eating meals and other social gatherings in locations to obtain information on such things as health services, tax preparation assistance and social security information. There is a need for providing the youth of the City with locations for social functions, recreation, meetings, social gatherings and sports activities. There is a need for promoting tourism and economic development. It is in the interest of the City and its residents to have the above services provided by individuals and/or organizations to include, but not be limited to:
(1) Pryor Area Chamber of Commerce.
(2) Pryor Sertoma Senior Citizens.
(3) Pryor Senior Citizens Center, Inc.
(4) Pryor Youth Organization, Inc.
(5) Mayes County Soccer Association.
(6) Mom and Pop Little League.
(7) Additional youth/senior citizen/tourism and promotion individuals and/or organizations as may be recognized by the Mayor and City Council from time to time.
b. Each private corporation, association or individual receiving payment of money or receiving free rent, utilities or other services directly or indirectly from the City shall annually present a written projection of service to be provided and a projected operating budget prior to July 1 of each year. (Ord. 97-5, 10-21-1997)
G. Purchases Only For City Operation: No purchase or contract shall be made from any fund of the City which is not a legitimate cost as a part of the operation of the department, board, commission or the operation, maintenance or improvement of property or equipment owned, leased to or under direct control of the City. (1988 Code § 7-109)