[R.O. 2012 §130.010; CC 1988 §130.010; Ord. No. 318 §3, 2-19-1974; Ord. No. 1328 §1, 10-19-2004]
The purpose of this Chapter is to establish rules and procedures
governing the procurement of materials, supplies and equipment for
the City of Warson Woods and to maintain a high ethical standard for
all officers and employees of said City in connection therewith.
[R.O. 2012 §130.015; CC 1988 §130.020; Ord. No. 318 §4, 2-19-1974; Ord. No. 1328 §1, 10-19-2004]
[R.O. 2012 §130.020; CC 1988 §130.020; Ord. No. 318 §4, 2-19-1974; Ord. No. 1328 §1, 10-19-2004]
The Purchasing Agent, as defined in Section 130.020, shall, in accordance with and subject to the rules, regulations and procedures in this Chapter and all applicable laws: direct, supervise and be responsible for the procurement and acquisition of all services, materials, supplies and equipment and insurance required by any department, agency or office of the City and by any other governmental department, agency or office with respect to any procurement by such department, agency or office funded wholly or partially, either directly or indirectly, by City funds.
[R.O. 2012 §130.030; CC 1988 §130.030; Ord. No. 318 §5, 2-19-1974; Ord. No. 1328 §1, 10-19-2004]
The Purchasing Agent and every officer, agent and employee of
the City are hereby 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.
[R.O. 2012 §130.040; CC 1988 §130.040; Ord. No. 318 §6, 2-19-1974; Ord. No. 1328 §1, 10-19-2004]
The Purchasing Agent is hereby authorized and directed to adopt
such written regulations, purchasing records, forms and procedures
as may be necessary for the implementation of the Chapter. Any such
regulations, records, forms and procedures adopted by the Purchasing
Agent shall become effective within thirty (30) days after submission
to the Board of Aldermen unless they are disapproved by the Board
of Aldermen within such thirty (30) day period. Copies of such regulations,
records, forms and procedures shall be available for public inspection.
[R.O. 2012 §130.060; CC 1988 §130.070; Ord. No. 318 §9, 2-19-1974; Ord. No. 460 §1, 8-21-1979; Ord. No. 812, 8-21-1990; Ord. No.
915, 11-19-1991; Ord. No. 1137 §1, 2-2-1997; Ord. No. 1328 §1, 10-19-2004]
A.
Except as otherwise provided in this Chapter 130, goods, supplies, materials, equipment and construction shall be procured only after obtaining two (2) or more competitive formal written bids when the value of the proposed procurement is in the excess of ten thousand dollars ($10,000.00) or when directed by the Board of Aldermen or when required by the laws of the State of Missouri. In the case of the purchase of goods, supplies, materials and equipment by the Police Department and the Parks Department, two (2) or more written bids shall be required when the value of the proposed procurement exceeds five thousand dollars ($5,000.00). The procurement of several items of the same type at substantially the same time is a single purchase for the purpose of this Chapter, and the total cost of all such items will determine whether formal competitive bidding procedures must be followed. No contract or purchase shall be subdivided to avoid competitive bidding procedures.
B.
Bids
for construction or repair of the City's streets shall be invited
through notice to be published in at least one (1) local newspaper
of general circulation in St. Louis County, not less than three (3)
times, the publication to be at least two (2) weeks prior to the date
specified for submission of bids. A public notice shall also be posted
in a prominent and public place at City Hall. Such notice shall include:
A general description of the item or items to be purchased; the conditions
of such purchase; the place where specifications and bid forms may
be secured; the time and place for submitting such bids; the time
and place for acceptance of bids. Bidders shall be required to pay
to the City a fee to cover the cost of printing the specifications
and bid form. In the case of the purchase of other goods, supplies,
materials and equipment, the Purchasing Agent shall solicit bids by
mailing or delivering copies of the specifications and other bidding
documents ("bidding documents") to persons known to be prospective
vendors of such goods, supplies, materials and equipment.
C.
Any
and all bids for any contract or purchase may be rejected with or
without reason and a provision to this effect shall be included in
all requests for bids.
E.
All
bids shall be sealed, shall be identified as bids on the envelope
and shall be submitted within the time and at the place stated in
the solicitation of bids. The time of receipt of each bid shall be
entered by the receiving employee on the envelope containing such
bid.
F.
The
Purchasing Agent shall open all bids as soon as practicable after
the time to submit bids has expired and shall, prior to the next regular
meeting of the Board of Aldermen after the bid time expires, prepare
a written summary of all bids, including a review of the facts. All
bids received shall be made available for inspection as a public record;
and results of the bidding and awarding of contracts shall be posted
in a prominent and public place at the City Hall, except that by order
of the Board of Aldermen, a public opening could be required.
G.
After
presentation of the available data, the Board of Aldermen, at a regular
or special meeting, shall award the contract to the best or lowest
responsive, responsible timely bidder for the goods to be procured;
provided however, the Board of Aldermen shall have the authority to
reject any and all bids and to waive any informality in the bids received
or take any such steps which it deems appropriate.
H.
Subsequent
to the award by the Board of Aldermen, the Purchasing Agent shall
by purchase order or formal contract enter into an agreement with
the bidder selected by the Board of Aldermen for procurement of the
goods or services to be procured.
I.
When
deemed necessary by the Purchasing Agent, bid deposits may be required.
Said deposits may be required to be in the form of a certified check
or bid bond and may be for an amount of one thousand dollars ($1,000.00)
or five percent (5%) of the amount of the bid, whichever is greater.
When so required, all bids not accompanied by such deposit shall be
rejected. Such bid deposit shall be returned to all bidders upon execution
of a contract with, or issuance of a purchase order to, the successful
bidder. A successful bidder shall forfeit his/her deposit if he/she
fails to enter into a contract within twenty (20) days after the award.
J.
The
successful bidder may be required to post a performance bond whenever
the same is deemed appropriate by the Purchasing Agent; provided however,
such requirement is set forth in the bidding documents. Said performance
may be in the form of a specified amount or a percentage of the value
of the proposed purchase. The Purchasing Agent shall establish, in
the bidding documents, such terms as may be deemed appropriate to
protect the interest of the City of Warson Woods.
K.
Any
bidder who has failed or refused to fully carry out any prior contract
shall not be deemed a responsible bidder.
[R.O. 2012 §130.070; CC 1988 §130.080; Ord. No. 460 §§3 — 4, 8-21-1979; Ord. No. 1328 §1, 10-19-2004]
The Purchasing Agent may, if provided for in an existing approved
budget, acquire in the open market all goods with a value of less
than two thousand dollars ($2,000.00). Such acquisition shall be based
upon sound procurement principles. Formal bids shall not be required,
but whenever practicable, purchases in the open market with a value
between one thousand dollars ($1,000.00) and two thousand dollars
($2,000.00) shall be based upon quotations from two (2) or more vendors.
[R.O. 2012 §130.080; CC 1988 §130.090; Ord. No. 460 §§5 — 6, 8-21-1979; Ord. No. 781, 12-19-1989; Ord. No. 812, 8-21-1990; Ord. No. 1328 §1, 10-19-2004]
The Board of Aldermen may by resolution approve negotiated procurement
of goods, supplies, materials, equipment and construction of a value
in excess of ten thousand dollars ($10,000.00) if there have been
no responsible bids to a solicitation for bids or if the Board of
Aldermen has rejected all bids.
[R.O. 2012 §130.090; CC 1988 §130.100; Ord. No. 460 §§7 — 8, 8-21-1979; Ord. No. 782, 12-19-1989; Ord. No. 812, 8-21-1990; Ord. No. 1328 §1, 10-19-2004]
The Board of Aldermen may by resolution approve negotiated procurement
of goods of a value in excess of ten thousand dollars ($10,000.00)
without required formal competitive bids if the Board of Aldermen
determines from all information submitted to it by the Purchasing
Agent and the using agency that such goods are of such specialized
or non-standard nature that they can be acquired only from a sole
source of supply and that no similar standard goods would reasonably
satisfy the City's requirements.
[R.O. 2012 §130.100; CC 1988 §130.110; Ord. No. 318 §13, 2-19-1974; Ord. No. 1328 §1, 10-19-2004]
When professional services from outside vendors are required
by the City, investigation shall be made in the manner directed or
approved by the Board of Aldermen concerning persons or companies
who perform the required service. On the basis of such investigation,
the Board of Aldermen shall then designate or approve one (1) or more
such persons or companies for negotiation. The Board of Aldermen may
then by ordinance approve a contract for the required professional
service. Professional services in this reference will apply to, but
not be restricted to, legal, insurance, safety, fire protection, Police
protection, planning, public accountants, architectural and engineering
services for public improvements, and other City needs, when such
expertise is not available from City Officers and employees.
[R.O. 2012 §130.110; CC 1988 §130.120; Ord. No. 318 §14, 2-19-1974; Ord. No. 1328 §1, 10-19-2004]
Real estate shall be acquired or disposed of by the City only
pursuant to a contract authorized and approved by an ordinance enacted
by the Board of Aldermen
[R.O. 2012 §130.120; CC 1988 §130.130; Ord. No. 318 §15, 2-19-1974; Ord. No. 1328 §1, 10-19-2004; Ord. No. 1511 §1, 5-21-2013]
A.
Public
improvements covered by ordinance of the City of Warson Woods shall
be contracted for in the manner provided in this Chapter.
B.
Emergency
work or repairs requiring prompt attention, or ordinary maintenance
work under twenty-five thousand dollars ($25,000.00), may be procured
upon the acceptance of the lowest of three (3) written proposals obtained
by the Purchasing Agent or his/her designee. All other public improvement
work to be paid out of the general fund of the City for which specified
provision was made in the budget, and work to be paid out of the appropriated
proceeds of any bond issue authorized by vote of the people shall
be procured as provided by the provisions of the ordinance applicable
to the type of procurement involved.
[R.O. 2012 §130.130; CC 1988 §130.150; Ord. No. 318 §17, 2-19-1974; Ord. No. 1328 §1, 10-19-2004]
A.
The
Purchasing Agent, or his/her agent, shall inspect or supervise the
inspection of all deliveries of supplies, materials and equipment
to determine their conformance with the specifications set forth in
the order or contract.
B.
The
Purchasing Agent may authorize using agencies or departments having
the staff and facilities for adequate inspection to inspect all deliveries
made to such using agencies under rules and regulations which the
Purchasing Agent shall prescribe.
C.
The
Purchasing Agent shall have the authority to require chemical and
physical tests of bid and delivery samples to determine their quality
and conformance of such tests, and the Purchasing Agent shall have
the authority to make use of laboratory facilities of any outside
laboratory.
[R.O. 2012 §130.140; CC 1988 §130.160; Ord. No. 318 §18, 2-19-1974; Ord. No. 988, 12-15-1992; Ord. No. 1328 §1, 10-19-2004]
The Purchasing Agent shall have the authority to join with any other governmental units in cooperative purchasing when the best interests of the City would be served by such cooperative purchasing. If such cooperative purchasing incorporates a competitive bidding procedure, the competitive bidding procedure specified in Section 130.060 of this Purchasing Code shall not be applicable.
[R.O. 2012 §130.150; CC 1988 §130.165; Ord. No. 655 §2, 8-18-1987; Ord. No. 1328 §1, 10-19-2004]
A.
When
purchases are in excess of two thousand dollars ($2,000.00), the Purchasing
Agent and subordinates will attempt to select products manufactured,
assembled or produced in the United States if the quality and price
are comparable with other goods.
B.
When
contracts for public works construction or maintenance are in excess
of two thousand dollars ($2,000.00), the contract shall contain a
provision requesting the contractor to use American products in the
performance of the contracts whenever the quality and price are comparable
with other goods.
[R.O. 2012 §130.160; CC 1988 §130.166; Ord. No. 779, 12-19-1989; Ord. No. 1328 §1, 10-19-2004]
Every commission, board, committee, officer or other Governing
Body of the City of Warson Woods shall purchase and use only those
materials, products, supplies, provisions and other needed articles
produced, manufactured, compounded, made or grown within the State
of Missouri, when they are found in marketable quantities in the State
and are of a quality suited to the purpose intended and can be secured
without additional cost over foreign products or products of other
States; provided however, that quality and fitness of articles shall
be considered in purchasing or letting contracts for articles herein
mentioned.
[R.O. 2012 §130.170; CC 1988 §130.170; Ord. No. 318 §19, 2-19-1974; Ord. No. 1328 §1, 10-19-2004]
A.
The Purchasing Agent shall dispose of all supplies, materials and equipment which are no longer used or which have become obsolete, worn out or scrapped in accordance with this Section 130.170.
B.
Surplus,
unusable or obsolete supplies, materials and equipment whose estimated
value is in excess of five hundred dollars ($500.00) shall be sold
by written formal contract to the best responsible bidder, after due
notice inviting bids as provided for procurement by competitive bids.
C.
Sales
of surplus, obsolete or unusable personal property valued at less
than five hundred dollars ($500.00) shall be made in the open market
and in accordance with the procedure set forth for open market purchases.
[R.O. 2012 §130.180; CC 1988 §130.180; Ord. No. 318 §20, 2-19-1974; Ord. No. 1328 §1, 10-19-2004]
Except as provided in this Chapter 130, it shall be unlawful for any officer or employee of the City other than the Purchasing Agent to purchase materials, supplies and equipment on behalf of the City, and the City shall not be bound by any purchase ordered or any contract made in violation of the provisions of this Chapter.
[R.O. 2012 §130.190; CC 1988 §130.190; Ord. No. 318 §21, 2-19-1974; Ord. No. 1328 §1, 10-19-2004]
If any officer of the City shall knowingly violate any provision
of this Chapter, he/she shall be personally liable to the City and
liable under his/her bond, if any, for any damages suffered by the
City.
[R.O. 2012 §130.200; Ord. No. 1328 §1, 10-19-2004]
The provision of Section 105.454, RSMo., and any State law which
amends or supersedes Section 105.454, RSMo., shall be applicable to
all elected or appointed officials or employees of the City.
[Ord. No. 1586 § 1, 5-16-2017]
Notwithstanding anything herein, the Board of Aldermen may waive any of the procedures or requirements for procurement of goods or services in this Chapter 130 when, in the determination of the Board, there exists a unique or sufficiently exigent need to procure certain goods or services and, based on experience and/or inquiries, the negotiated price of the goods or services sought is fair and appropriate under the circumstances.
