§ 38.231 ROLES AND RESPONSIBILITIES OF USING AGENCIES, DEPARTMENT HEADS AND OTHERS PERTAINING TO THE PROCUREMENT SYSTEM.

   (A)   Affirmative obligations.

      (1)   The roles and responsibilities of using agencies, department heads and employees or consultants delegated responsibilities in accordance with the provisions of Chapter 38 are set forth herein. In general, using agencies, their department heads, designees of the Purchasing Director or other employees participating in the operation of the procurement system are responsible for the management and administration of contracts and purchase orders and for the supplies and inventories in their agencies and will, thus, be held strictly accountable for the operation and integrity of the procurement system.

      (2)   The roles and responsibilities include, but are not limited to, the following:

         (a)   Filing of a requisition for a commodity or service pursuant to § 38.003;

         (b)   Obtaining a § 38.004(A) encumbrance as set forth in that section and a § 38.004(C) encumbrance for multi-year agreement or options to extend;

         (c)   Supplying any special notice provisions required by federal or state grants, loans or reimbursement agreements, as set forth in §§ 38.021(C) and 38.022(C);

         (d)   Preparing specifications for attachment to the invitation for bid, request for proposal or other solicitation, as set forth in § 38.005;

         (e)   Participating in the evaluation of bids and proposal responses, as set forth in §§ 38.021(E) and 38.022(G);

         (f)   Submitting recurring commodities or services, as required by § 38.024;

         (g)   Participating, as designee of the Director of Purchasing, in the solicitation of price alternatives in small purchase transactions, as set forth in § 38.025(A);

         (h)   Participating as the Director of Health, Fire Chief or Superintendent of Police in rendering a decision, in concert with the Mayor, regarding a public emergency, as set forth in § 38.027(A);

         (i)   Participating in the selection and negotiation of contract terms with architectural or engineering firms, as set forth in § 38.023;

         (j)   Participating in the determination of nonresponsibility of bidders or offerors, as set forth in § 38.046;

         (k)   Complying with the ethics and conflict of interest provisions of Chapter 39, as set forth in § 38.085(B);

         (l)   Cooperating in proceedings pertaining to the resolution of protested solicitations and awards as well as contract controversies and debarment proceedings, as set forth in §§ 38.115, 38.116 and 38.117;

         (m)   Filing an estimate of needs as set forth in § 38.230;

         (n)   Supplying a copy of all insurance and bond requirements for the procurement, as set forth in § 38.072(B)(3) or 38.071(B);

         (o)   Preparing a recitation of the amount of funds (annual and multi-year) to be expended under a contract or purchase order, as set forth in§ 38.004; and

         (p)   Identification of, personnel responsible for the administration of the contract or purchase order, as set forth in §§ 38.072(B)(2) or 38.071(B).

   (B)   Prohibited activities. Using agencies, departments heads and employees shall not, among other things:

      (1)   Incur any liability or expense in excess of the amount of:

         (a)   The general or capital appropriations of the city; or

         (b)   Any federal or state grant, loan or reimbursement program, as set forth in § 38.004(D).

      (2)   Knowingly authorize or make payments in violation of Chapter 38, as set forth in § 38.004(E);

      (3)   Artificially divide procurement requirements in order to qualify as a small purchases, as set forth in § 38.025(D), or to avoid Board of Aldermen approval required in § 38.072;

      (4)   Circumvent the procurement methods set forth in this chapter in order to establish the conditions for a waiver of the bid requirements, as set forth in § 38.028; or

      (5)   Amend a contract or purchase order unless so authorized by the Board of Aldermen, as set forth in § 38.073(A).

   (C)   Cause for removal or termination of employment. If any public official or employee of the city shall knowingly incur any obligation or shall authorize or make any expenditure in violation of this provision, such action may be cause for removal from office or termination of employment.

(Ord. passed 6-20-2005)