[Ord. No. 732 §1(11-14), 9-13-1993]
Purchases less than one thousand dollars ($1,000.00) may be
authorized by the Mayor or a department head so long as the purchase
is of a nature approved of by the budget.
[Ord. No. 732 §1(11-16), 9-13-1993]
A. For
purchases between one thousand dollars ($1,000.00) and up to five
thousand dollars ($5,000.00), a department head shall solicit, orally
or in writing, at least three (3) non-sealed written bids for the
item or items.
B. The
department head may then, with the approval of the Mayor, award the
purchase or contract for services to the lowest responsible bidder
who submits the bid which is most advantageous to the City.
[Ord. No. 732 §1(11-17), 9-13-1993]
A. Whenever
any contemplated purchase or contract for services is reasonably anticipated
to cost more than five thousand dollars ($5,000.00), the City Administrator
shall cause to be published in one (1) issue of two (2) newspapers
of general circulation in the St. Louis metropolitan area a notice
inviting sealed bids; said notice shall be published at least ten
(10) days prior to the date set for receipt of bids. The notice herein
required shall include a general description of the articles to be
purchased or the services to be performed and the time and place for
opening of sealed bids. In addition, the notice shall be sent via
certified mail to at least five (5) responsible prospective suppliers
of the item to be purchased or services to be performed, including
all suppliers of such items with whom the City has done business within
the preceding two (2) years. If five (5) responsible suppliers cannot
be reasonably located, the department head shall certify that fact
upon presentation of the bids. Notice of the invitation to bid shall
be posted in the City hall.
B. Sealed
bids shall be received by the City Clerk and shall be identified as
bids on the envelope. The bids shall be opened in public at the time
and place stated in the invitation to bid and in any public notice
before at least two (2) witnesses. After the opening, the department
head shall tabulate all bids received and shall file a written report
of the bids with the Board of Aldermen before its next meeting together
with his/her written recommendations as to whom the Board should award
the contract.
C. When
deemed necessary or when directed by the Board of Aldermen, bid deposits
shall be prescribed in inviting bids. A successful bidder shall forfeit
any surety required by the City upon failure on the bidder's part
to enter into a contract within ten (10) days after the award, and
the invitation to bid shall so state. An unsuccessful bidder shall
be entitled to return of his/her surety.
D. The
Board of Aldermen, upon receiving the tabulation and recommendation
of the department head, shall award the contract to the lowest responsible
bidder but shall have the right to reject any and all bids.
E. The
following shall be the minimal guidelines in determining the lowest
responsible bidder:
1. The ability, capacity and skill of the bidder to perform the contract
or provide the services required.
2. Whether the bidder can perform the contract or provide the services
promptly or within the time specified, without delay or interference.
3. The character, integrity, responsibility, judgment, experience and
efficiency of the bidder.
4. Whether the bidder is in default on the payment of taxes, licenses
or other monies due the City, and this factor alone shall justify
disqualification.
5. The quality and performance of previous contracts or services.
6. The previous and existing compliance by the bidder with laws, the
provisions of this Code and other City ordinances relating to the
contract services.
7. The sufficiency of the financial resources and ability of the bidder
to perform the contract or provide the service.
8. The quality, availability and adaptability of the supplies or contractual
services to the particular use required.
9. The ability of the bidder to provide, where applicable, future service
and maintenance of equipment which is the subject of the contract.
10. The number and scope of conditions attached to the bid.
[Ord. No. 732 §1(11-18), 9-13-1993]
A. Single-Source Purchases. In the event there is only one
(1) acceptable vendor capable of furnishing a particular service or
commodity, the department head may be authorized to procure such service
or commodity without bidding. The department head shall document the
particular facts which make the item a single-source purchase, and
the purchase shall be approved by the Mayor.
B. Emergency Purchases. Where an emergency situation requires
immediate purchase of supplies or services and time is of the essence,
the department head is authorized to procure the supplies or services
needed without following the bidding procedures. The department head
shall maintain a written record of the circumstances surrounding emergency
purchases and the purchases shall be approved by the Mayor.
C. Situations Calling For Competitive Negotiations. Where it
can be demonstrated that the City receives the best value on a purchase
through informal discussion and bargaining rather than through the
conventional bidding process, the department head need not follow
the conventional bidding process exclusively. Such purchases shall
be documented by the department head and given prior approval by the
Mayor. Examples would include, but not be limited to, circumstances
where time is a crucial factor, when the procurement involves high
technology items, or when there is obvious inherent economy in purchasing
from a particular vendor.
D. Cooperative Purchasing. The purchasing procedures established
shall not apply to purchases made by, through or with the Division
of Procurement of the State of Missouri, the Purchasing Department
of St. Louis County, or any other governmental agency or unit with
whom the City is permitted to engage in cooperative purchasing. A
department supervisor has the authority to join with any other governmental
unit in cooperative purchasing when the best interests of the City
shall be served by such cooperative purchasing.
E. Confidential Expenditures. Confidential expenditures such
as payments to informants, purchase of materials as evidence (such
as narcotics), or other uses as may be required by law enforcement
personnel working in an undercover capacity cannot be subject to normal
purchasing procedures. All such disbursements made shall be approved
by the Chief of Police and the Mayor and shall be documented by written
vouchers showing date, amount, nature of expenditure, signature of
requesting officer or agent, and approval of the Chief of Police.
F. Professional Services And Real Estate. Specifically excluded
from the provisions of the City's purchasing policy are the procurement
of real estate and professional services.
[Ord. No. 2008-43 §§1
— 6, 2-11-2008]
A. An
ordinance of the City relating to spending by the Mayor, Board of
Aldermen or City employees is hereby repealed and in lieu thereof
this new policy is established.
B. No
employee shall expend funds of the City of Pine Lawn, Missouri, without
prior approval of the Mayor in writing and said amount shall not be
in excess of one thousand dollars ($1,000.00) unless approved by the
Board of Aldermen.
C. The
Mayor shall not expend funds or cause the City to be indebted for
any amount of money in excess of one thousand dollars ($1,000.00)
in any calendar month unless approved by the Board of Aldermen.
D. The
Mayor shall be authorized to expend funds or cause the City to be
indebted for an amount in excess of one thousand dollars ($1,000.00)
but not more than five thousand dollars ($5,000.00) in case of an
emergency. An "emergency" shall be defined as a matter
that requires an immediate response in order to preserve the safety
and/or welfare of the City. Additionally, to qualify as an emergency,
it shall be established that failure to act by the Mayor will result
in irreparable harm to the City.
E. If
the Mayor exercises his emergency spending power, he/she shall promptly
inform each member of the Board of Aldermen in writing of the nature
of the emergency, the irreparable harm that would have occurred if
he/she failed to act and the amount of money expended.
F. No
Alderperson shall be authorized to expend funds of the City or cause
the City to be indebted for any amount without approval of the majority
of the Board of Aldermen.
[Ord. No. 732 §1(11-19), 9-13-1993]
Except in cases where they are not as restrictive as the City's
purchasing regulations, applicable State and Federal laws shall supersede
any regulations of the City of Pine Lawn concerning purchasing.
[Ord. No. 732 §1(11-20), 9-13-1993]
No contract or purchase shall be subdivided to avoid the requirements
of the City's purchasing policy.