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SECTION 4.32 PROCEDURE FOR CONTRACT PURCHASES; LIMITATION ON AMOUNTS

A.

(1) All purchases of, and contracts for, supplies, materials, equipment or contractual services, and all sales of personal property which have become obsolete and unusable, involving a sum of ten thousand dollars ($10,000.00) or more, shall be purchased or sold by competitive bid. Such bid shall be solicited by invitations to bid sent on the same day to at least three vendors.

(2) All purchases exceeding one thousand dollars and less than ten thousand dollars shall, whenever possible, be based on at least three comparative open market price quotations, without newspaper advertisement and without necessity of observing the procedure described at Section 4.35 (B) for the award of contracts. The order shall be awarded to the lowest responsible and responsive bidder. The purchasing agent shall keep a record of all open market orders and the price quotations submitted thereon, and such records shall be open to public inspection.

(3) Before entering into any contract for supplies, materials, equipment or contractual services involving the expenditure of more than ten thousand dollars ($10,000.00), the Purchasing Agent shall prepare, or cause to be prepared, plans and specifications; notices inviting sealed competitive bids for such contracts shall be published in at least one local newspaper and one Boston newspaper at least one week before the final date for submitting bids.

B.

The only exception to the purchasing procedure outlined within this Chapter shall be due to emergencies where immediate procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health or convenience of citizens and in such cases a detailed report of the circumstances of the emergency shall be filed by the using agency and the Purchasing Agent with the Mayor and approved by the City Solicitor.

In the case of an emergency, the head of any department or those authorized by any and all using agencies may, with the approval in writing of the Purchasing Agent or the Mayor, if the Purchasing Agent is not available, purchase directly any supplies, materials, equipment or contractual services whose immediate procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health or convenience of the citizens.

The individual authorized to make such emergency purchase shall send to the Purchasing Department a requisition and a copy of the delivery record.

The Purchasing Agent may establish, with the approval of the City Council, rules and regulations prescribing the procedure under which emergency purchases may be made.

C.

Whenever a bid is solicited, the using agency shall furnish to the Purchasing Agent a complete and accurate schedule showing in detail the amount, the quality, the dimensions and all other necessary details concerning such items to be bid upon. The Purchasing Agent shall provide copies of such plans and specifications to all parties proposing to bid.

D.

All pending contracts shall be advertised by notices posted on a bulletin board in the office of the Purchasing Agent and located so as to be easily accessible to the public.

E.

Every contract awarded by competitive bid in excess of $5,000.00 shall be executed in triplicate by the Mayor and Purchasing Agent on behalf of the City and the head of the using agency shall sign the contract indicating approval or disapproval.

F.

Every contract shall be executed in triplicate by an officer, director, owner or authorized person on behalf of the awardee and shall be accompanied by a performance bond or by the deposit of money or security in the amount of such bond.

G.

After being executed, no contract shall be altered, in any particular, unless the parties who originally signed the contract endorse on such contract their written assent to each alteration.

H.

The City Clerk and the Controller of Accounts shall be furnished all contracts or copies thereof within one week after execution.

I.

Bids shall be returned to the Purchasing Agent and City Controller in a sealed envelope, properly denoting on the face thereof the type of bid enclosed. Such bids shall be deposited in a locked box kept for that purpose by each of those officials. The Purchasing Agent shall cause these provisions to be printed on or attached to all invitations to bid.

J.

Bids shall be publicly opened and read at the hour and place designated in the advertisement, or as soon thereafter as possible, by the Purchasing Agent. Contracts shall be awarded to the lowest responsible, eligible and responsive bidder possessing the skill, ability and integrity necessary for the faithful performance of the terms and conditions thereof; provided, however, that preference may be given to substantially similar bids offered by responsible firms or persons established and doing business in the City.

K.

No proposals shall be accepted from any person who has breached a contract with the City during the three years preceding. Any contractor who furnished or seeks to furnish goods, equipment, materials, or services to the City may be debarred or excluded from eligibility for future public contracts with the City of Malden for a period of time, to be determined as set forth herein, for any of the following causes:

(1) a criminal offense involving embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which seriously and directly will or may affect the contractor's present responsibility or ability as contractor to comply with contractual requirements;

(2) violation of any state or federal law regulating hours of labor, prevailing wages, minimum wages, overtime pay, equal pay, child labor, or any other state or federal law regulating labor relations or occupational health or safety;

(3) violation of any state or federal law prohibiting discrimination in employment;

(4) supplying of material false information incident to obtaining or attempting to obtain or performing any public contract or subcontract;

(5) a record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more public contracts, provided that such failure to perform or unsatisfactory performance has occurred within a reasonable period of time preceding the determination to debar and provided the failure to perform or unsatisfactory performance was not caused by factors beyond the control of the contractor; (6) debarment by the Division of Capitol Planning and Operations, under Mass. G.L. chapter 149 section 44C;

L.

The Purchasing Agent may reject any and all bids and cause new advertisements to issue, except as otherwise allowed by law.

M.

"Contractor" shall be defined as any individual, partnership, corporation or any other entity, its affiliate or subsidiary or subdivision. If debarment proceedings are undertaken, the contractor shall be ineligible to bid on any City of Malden contracts from the date of notice of proceedings herein until the proceedings are concluded. The Purchasing Agent will send notice by certified mail, return receipt requested, to the contractor, at the last known address, stating the reasons and the proposed duration of the proposed debarment. Upon request, the contractor will be given a hearing, if the request is mailed certified mail or delivered to the Purchasing Agent within 14 calendar days of receipt of the notice. If no hearing is requested, debarment as directed shall become in full force and effect. If a hearing is requested, the same shall be public or private, as requested by the contractor, and shall be held within 30 days of the request for hearing unless otherwise agreed.

Debarment shall be ordered only to protect the integrity of the public contracting process in the particular instance and shall not exceed five (5) years. Rules and regulations relating to hearings under Mass G.L. C.. 149 section 44C, as amended, if applicable, shall be complied with.

N.

All bids shall be preserved by the Purchasing Agent and shall be open to public inspection, as required by law.