[R.O. 2009 §3.08.010; Ord. No. 4032 §1, 1979]
The ordinance codified in this Chapter shall be known and may
be cited as the "Purchasing Ordinance of the City of Sikeston, Missouri".
[R.O. 2009 §3.08.020; Ord. No. 4710 §2, 1-9-1989]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory or discretionary.
CITY
The City of Sikeston, Missouri, electorate and its governmental
organization, both elected and appointed.
CITY COUNCIL
The representative body of citizens elected by the electorate.
CITY MANAGER
The Chief Executive Officer appointed by City Council.
CONTRACTUAL SERVICES
Includes all telephone, telegraph, gas, water, electrical, sanitation, insurance and janitorial services; leases for all grounds, buildings, office space and any service provided to the City as evidenced by a properly approved and executed contract for service in writing. The term shall not include professional and other contractual services which are unique in nature and subject to the selection policy established by Chapter
140 of the Sikeston Municipal Code.
EMERGENCY
An extraordinary event or circumstance unusual in nature
and non-recurring where a risk or danger to the health, safety and
welfare of the citizens or a potential or real, substantial financial
loss to the City exists.
SUPPLIES
Includes all supplies, materials and equipment either consumable
in nature or not conforming to the City's capitalization policy.
USING AGENCY OR AGENCY
Any department, division, board, commission or any other
unit in the government consuming supplies or procuring contractual
services as provided for in this policy.
[R.O. 2009 §3.08.030; Ord. No. 4710 §3, 1-9-1989]
The City purchasing agent or his/her designee shall have authority
to purchase or contract for supplies and contractual services needed
by any department or division of the City in accordance with purchasing
procedures as prescribed by this Chapter and such rules and regulations
as the City Manager approves for the internal control, management
and operations of the purchasing process and such other rules and
regulations as shall be prescribed by the City Manager and City Council.
[R.O. 2009 §3.08.050; Ord. No. 4710 §4, 1-9-1989]
Except in cases of emergency, the agent shall not issue any
order for delivery on a contract or open market purchase until the
City Clerk or City Treasurer has certified, after pre-audit, that
there is to the credit of the using agencies concerned a sufficient
unencumbered appropriation balance in excess of all unpaid obligations
to defray the amount of each order.
[R.O. 2009 §3.08.060; Ord. No. 4032 §5(part), 1979]
Any purchase order or contract within the preview of this Chapter
in which the agent or any officer or employee of the City is financially
interested, directly or indirectly, shall be void, except that before
the execution of a purchase order or contract, the Council shall have
the authority to waive compliance with this Section when it finds
such action to be in the best interest of the City.
[R.O. 2009 §3.08.070; Ord. No. 4032 §5(part), 1979]
The agent and every officer and employee of the City are expressly
prohibited from accepting, directly or indirectly, from any person,
company, firm or corporation to which any purchase order or contract
is or might be awarded any rebate, gift, money or anything of value
whatsoever, except where given for the use and benefit of the City.
[R.O. 2009 §3.08.075; Ord. No. 4710 §3, 1-9-1989]
Any person who violates the provisions of Sections
145.050 Conflict of Interest or 145.060 Gifts and Rebates shall be subject to the disciplinary Sections of the City's personnel policy, prosecution if appropriate and upon conviction may be punished accordingly.
[R.O. 2009 §3.08.080; Ord. No. 4032 §6, 1979]
All purchases of and contracts for supplies and contractual
services and all sales of personal property which have become obsolete
and unusable shall, except as specifically provided in this Chapter,
be based whenever possible on competitive bidding.
[R.O. 2009 §3.08.090; Ord. No. 4710 §7, 1-9-1989]
A revolving petty cash fund will be carried in the departments
of administrative services, public safety and public works which will
be replenished from time to time by a blanket claim supported by third
(3rd) party receipts identified by department and division. The limit
per purchase will be twenty-five dollars ($25.00).
[R.O. 2009 §3.08.100; Ord. No. 4822, 12-1990]
A. In
the event of any emergency which requires the immediate purchase of
supplies, parts or contractual services, the City Manager shall be
empowered to authorize the purchasing agent or head of any using agency
to secure by open market procedure or immediate direct procurement
as appropriate said supplies, parts or contractual services regardless
of the amount of the expenditures. An emergency under the provisions
of this Section shall be deemed to exist when normal bidding procedures
would create, may create or compound:
1. Damage to equipment or facilities, or
2. Delays in the work of the using agency which may vitally affect the
life, health, welfare or convenience of the citizens, or
3. A lessening of the City's ability to respond to natural disaster.
[R.O. 2009 §3.08.115; Ord. No. 4710 §8, 1-9-1989; Ord.
No. 5236 §2, 12-7-1998]
The City Manager is hereby directed to develop a local vendor
preference schedule to be applied to bids received from any vendor
maintaining a currently operating business located within the City
limits.
[R.O. 2009 §3.08.116; Ord. No. 5780 §1, 3-25-2009]
A. All
not-for-profit organizations seeking municipal funding or the provision
of City-owned building/office facilities or grant sponsorship or any
combination of municipal assistance thereof must submit to the City
Manager or his/her designee:
1. An overview of the specific program(s) or service(s) to be provided
to the citizens of Sikeston;
2. Evidence of prior experience or service history related in scope
to the proposed project;
3. An estimate of the number of persons to be served by the proposed
project;
4. Proof of financial stability and accountability;
5. Any other information deemed pertinent by the City Manager or his/her
designee to the provision of municipal funding, facilities or support.
B. The
City Manager or his/her designee shall establish the form and manner
in which this information shall be reported.
C. Upon
the review and analysis of the information provided, the City Manager
or his/her designee shall recommend to the City Council a course of
action based on his/her findings.
D. Upon
completion of the contractual or grant period, not-for-profit organizations
receiving municipal assistance shall submit to the City Manager or
his/her designee:
1. A report detailing activities completed or services provided, and
2. An independent financial audit for the funding/grant period.