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* Editors Note: Former ch. XV, §§ 1--8, was titled "Contracts" and had been amended by Ord. Nos. 2080 and 7274. A new chapter, §§ 1--6, was added by Ord. No. 7684, adopted Sept. 3, 1991; approved at an election held Nov. 5, 1991; certified by the mayor Nov. 12, 1991; and approved by the governor Dec. 30, 1991.
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This chapter shall apply to every expenditure of public monies, by this city, irrespective of their source, including federal assistance monies, under any contract, except that this chapter shall not apply to either grants or contracts between the city and other governments. This chapter shall also apply to the disposal of city materials. Nothing in this chapter shall prevent the city from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement.
(Ord. No. 7684, § 1, eff. 12-30-91)
(a) Creation of the Department of Procurement. There is hereby created the department of procurement, the head of which shall be the director of procurement.
(b) Authority of the Director of Procurement.
(1) Principal contracting officer of the city. The director shall serve as the central procurement officer of the city pursuant to rules and regulations established by ordinance.
(2) Duties. Except as otherwise specifically provided in this chapter, the director shall, in accordance with ordinances adopted by the mayor and council:
(i) Procure or supervise the procurement of all materials, services, and construction needed by the city;
(ii) Exercise general supervision and control over all inventories of materials belonging to the city;
(iii) Sell, trade, or otherwise dispose of surplus material belonging to the city; and
(iv) Prepare, issue, revise, maintain, and monitor the use of specifications for materials, services, and construction required by the city.
(c) Delegation of Authority by the Director of Procurement. The director may delegate authority to designees or to any department or official of the city.
(a) Methods of Source Selection. Unless otherwise authorized by law, all city contracts shall be awarded by competitive sealed bidding, pursuant to ordinance duly adopted, except contracts awarded by competitive sealed proposals, small purchases, sole source procurement, emergency procurements or competitive selection procedures for specified professional services.
(b) Preparation, Form, Execution, Registration. Except as it may be otherwise provided, either in this Charter, by law or ordinance, all contracts shall be drawn under the supervision of the attorney, must be in writing, executed in the name of the city by the mayor and must be countersigned by the clerk, who shall number and register the same in a book kept for that purpose.
(c) Progressive Payments Authorized; Limitation. Any contract may provide for progressive payments under such rules and regulations, and with such exceptions as may be prescribed by ordinance; provided however, that an amount be retained sufficient to insure the proper performance of the contract.
(d) Cancellation of Invitations for Bids or Requests for Proposals. An invitation for bids, a request for proposals or other solicitation may be cancelled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is in the best interest of the city in accordance with procedures prescribed by ordinance.
(Ord. No. 7684, § 1, eff. 12-30-91)
(a) Authority To Resolve Protested Solicitations and Awards. The director shall have the authority to settle and resolve a protest concerning the solicitation or award of a contract.
(b) Authority To Debar or Suspend. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the director shall have the authority in accordance with ordinances duly adopted to debar or suspend a person for cause from consideration for award of contracts.
(Ord. No. 7684, § 1, eff. 12-30-91)
Any officer or employee of the city, who intentionally or knowingly contracts for or purchases any material, services or construction in a manner contrary to the requirements of this Charter, or the ordinances adopted pursuant thereto, shall be deemed guilty of a misdemeanor and shall be removed from office or terminated from employment.
(Ord. No. 7684, § 1, eff. 12-30-91)
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