§ 4-13. Powers and duties.

The city manager shall be responsible to the city commission for the proper administration of all affairs of the city coming under his jurisdiction. The city manager's powers include, but are not limited to the following:

(a)

To see that the laws and ordinances of the city are enforced;

(b)

To appoint or remove all subordinate officers and employees in conformity with this Charter and any other applicable law;

(c)

To control, direct, and exercise supervision over all departments and divisions and offices of the municipal government;

(d)

To see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation thereof, to call the same to the attention of the city attorney, whose duty it is hereby made to take such legal steps as may be necessary to enforce the franchise;

(e)

To enforce the city's personnel rules;

(f)

To attend all meetings of the city commission, with a right to take part in the discussion but without having a vote;

(g)

To recommend to the city commission for adoption such measures as he may deem necessary or expedient in the interest of the city;

(h)

To keep the city commission fully advised as to the financial conditions and needs of the city and, at the proper time, to submit to the city commission for its consideration an annual budget;

(i)

To advise and consult with all officers and official heads of the several departments of the city relative to the affairs of the departments, and to make recommendations to the city commission respecting such departments as he or she may see fit;

(j)

To perform such other duties as may be prescribed under this Charter, or may be required of him or her by motion, direction, ordinance or resolution of the city commission;

(k)

To purchase supplies and equipment for the various departments of the city; and, as purchasing agent, the city manager shall have the following powers:

(1)

Purchases of not more than $2,000.00 may be made by the city manager whenever he or she deems it necessary and proper to do so, on the open market without the necessity of the formal or informal solicitation of bids. Purchases of more than $2,000.00 must be approved by the city commission.

(2)

Purchases of more than $10,000.00 and less than the amount set by state law that triggers the need for state agencies to formally solicit bids to purchase goods or commodities may, subject to the approval of the city commission, be made by informal solicitation. Where the informal solicitation procedures are used, the city manager may, by telephone, letter, or otherwise, contact three or more known reliable vendors of the goods, materials, or services needed by the city and request quotations from such vendors. Upon receipt of the quotations, the city manager, as purchasing agent, shall, after taking all pertinent factors into account, award the contract to the best low bidder.

(3)

Where purchases of the amount set by state law that triggers the need for state agencies to formally solicit bids to purchase goods or commodities or more are to be made, formal solicitation of bids shall be made; this shall also apply to all contracts for public improvements. Newspaper solicitation of bids shall be made in the manner provided by law, and the contract shall be awarded to the best low bidder.

(4)

Notwithstanding any other provision of this section, where the city commission shall determine by resolution that a unique purchasing opportunity is available to the city, it may authorize any single purchase or contract without the necessity of bidding.

(5)

When the city commission determines in writing that the use of competitive sealed bidding is not practicable, commodities or contractual services may be procured by competitive sealed proposals. Competitive sealed bidding may be deemed not practicable if it appears that use of proposals would result in a substantial savings to the city, when time restraints make the use of bidding procedure a problem for the city or in any circumstance when the city commission determines it is reasonable to forego the public bidding process because the best interest of the city would be served by using some other purchasing method.

(6)

If the city commission determines that there is an immediate danger to the public health, safety, or welfare, or other substantial loss to the city which requires emergency action, then the city may purchase commodities or contractual services which exceed the amount set by state law that triggers the need for state agencies to use formal solicitation of bids to purchase goods or commodities without the need of formal bidding.

(7)

Where the city commission determines that commodities or contractual services are available only from a single source if it is determined that the services or goods are available only from a single source and if such determination is documented and the amount is less than $150,000.00 or such amount set by the city commission in an ordinance, the city commission may authorize purchase of commodities or goods or contractual services without the need for formal solicitation of bids or quotes.

(8)

Where the city commission has entered into a contract with a contractor after competitive sealed bidding, the city commission may approve and execute a change order if the contractor agrees, allowing the city to purchase directly from the suppliers used by the contractor to formulate the bid without the need for further competitive bidding.

(9)

If less than two responsive bids or proposals for commodity or contractual services purchases are received, the city may negotiate on the best terms and conditions. The city shall document the reasons that such action is in the best interest of the city in lieu of resoliciting competitive sealed bids or proposals.

(10)

If less than two responsive bids or proposals for commodity or contractual services purchases are received, the department or the agency may negotiate on the best terms and conditions. The agency shall document the reasons that such action is in the best interest of the state in lieu of resoliciting competitive sealed bids or proposals. The agency shall report all such actions to the department on a quarterly basis, in a manner and form prescribed by the department.

(11)

The city may piggyback any bid received through a public solicitation of bids by any other public entity, including any city, county, or other state or public agency for a period of six months after the public solicitation occurred.

(l)

To act as director of any departments as needed, if so instructed by the city commission.

(m)

To have prepared and submit to the city commission, within six months after the close of each fiscal year, a complete audit of the financial condition of the city for the preceding fiscal year.

(n)

To sign all checks, and agreements or other documents approved by the city commission or required for daily business needs of the city issued by the City of Wildwood except as otherwise provided herein.

(o)

To sign such other documents approved by the city commission or required for the daily business of the city.

(p)

To approve and sign contracts in amounts not exceeding a minimum set by the city commission.

(q)

To coordinate and provide for computer technical needs of the city departments.

(r)

To perform such other duties as required by the Charter or as directed by the city commission.

(Ord. No. 399, § 1, 7-8-02; Ord. No. 411, § 5, 10-13-03, approved at referendum 12-2-03)