[R.O. 2004 § 130.010; Ord. No.
03-02 §§ 1, 4, 1-14-2003; Ord. No. 06-27 § 1, 12-12-2006; Ord.
No. 20-10, 6-9-2020]
A.
The elected officials and employees of the City of Weldon Spring,
Missouri, are to adhere to the following purchasing procedures.
B.
A purchase order will be processed with the proper paperwork and
approvals as described below, before any orders or purchases are made.
Failure to follow procedures may result in disciplinary action. Except
as provided in this Chapter, it shall be unlawful for any elected
official or employee to make any contract within the purview of the
Chapter other than through these procedures. The City shall not be
bound by any purchase order or contract made contrary to the provisions
of this Chapter without ratification by the Board of Aldermen. No
contract, purchase or sale shall be subdivided to avoid the requirements
of this Chapter.
[R.O. 2004 § 130.020; Ord. No.
03-02 § 5, 1-14-2003; Ord. No. 20-10, 6-9-2020]
As used in this Chapter, the following terms shall have the
meanings ascribed to them:
All large items that are found in the capital plan, such
as cars, trucks, backhoes, computer equipment exceeding ten thousand
dollars ($10,000.00).
Construction projects either new or replacement such as roads,
buildings, water and sewer lines where the cost of construction exceeds
ten thousand dollars ($10,000.00).
Acts as the purchasing agent of the City.
Includes all telephone, utilities, gasoline, uniform services,
cleaning contracts, rental, repair or maintenance of equipment, machinery
and other City-owned property. This category also includes personal
services of an individual, agency or group of a non-technical or professional
nature.
Any department, agency, commission, bureau or other unit
in any other governmental unit whether school district, special authority,
or other municipality, County, State, Federal or otherwise governmental-type
unit which cooperates with the City through its Administrator in purchasing
any items covered by this Chapter.
A subset of professional services, including architectural,
engineering, land surveying and other related services.
Anything that is one (1) each, i.e., one (1) backhoe, one
(1) car, one (1) radio, one (1) total project, one (1) service contract.
An item cannot be subdivided to avoid the requirements of this Chapter.
A four-percent reduction may be applied to the bid of a local
business (as defined by the City Business License Ordinance) or a
two-percent reduction may be applied to the bid of a local business
within St. Charles County for comparison purposes, provided the amount
does not exceed two thousand five hundred dollars ($2,500.00).
The performance of a technical or professional service by
an individual, group or company requiring specialized knowledge, intensive
academic or technical training, and/or a high degree of expertise
such as engineers, lawyers, programmers, accountants, financial advisors,
appraisers, real estate specialist, urban planners and medical personnel.
Any board, commission or unit of the City Government using
supplies or procuring contractual services as provided for in this
Chapter and which shall be under the direction and/or control of the
Board of Aldermen.
All commodities, materials and equipment used in the daily
operation of the City.
The mathematical extension and total of all items being purchased
on a purchase order, contract or any other type of agreement.
[R.O. 2004 § 130.030; Ord. No.
03-02 § 6, 1-14-2003; Ord. No. 20-10, 6-9-2020]
All purchases and contracts for supplies and contractual services, except for professional and engineering services (See Section 135.140) and all sales of personal property, which has become obsolete and unusable, shall, except as expressly provided in this Chapter, be based wherever possible on competitive bids.
[R.O. 2004 § 130.040; Ord. No.
03-02 § 6, 1-14-2003; Ord. No. 20-10, 6-9-2020]
All supplies, services, equipment and projects, except as otherwise
provided herein, when the extended cost thereof shall exceed ten thousand
dollars ($10,000.00) shall be purchased by formal written contract
from the lowest responsible bidder, unless otherwise justified, after
due notice inviting proposals.
[R.O. 2004 § 130.050; Ord. No.
03-02 § 6, 1-14-2003; Ord. No. 06-27 § 2, 12-12-2006; Ord.
No. 20-10, 6-9-2020]
A.
Formal Bids. The City Administrator or his/her delegate shall by
certified or registered mail, or in his/her discretion by First-Class
Mail or by electronic mail, solicit sealed bids from at least three
(3) responsible prospective suppliers setting forth detailed specifications
and all pertinent information necessary for the prospective supplier
to file a bid or proposal. The invitation to bid will also be advertised
in at least one (1) legal newspaper. The bid process should be approximately
two (2) weeks or ten (10) working days from the first ad published.
Prospective suppliers to whom invitations to bid are sent shall be
limited to those who are part of the trade group offering commodities
and services similar in character to that being purchased. If the
City Administrator or the requesting entity is unable to reasonably
find three (3) responsible suppliers, certification of that will be
forwarded via the City Administrator to the City Treasurer who may
deem the lesser number to be in compliance with the requirements of
this Section. The provisions of this Section may be waived when the
City Treasurer, the requesting entity involved, and the City Administrator
all agree that following this Section's provisions may cause excessive
delay, public inconvenience, and/or a significant cost penalty.
B.
Bid Deposits: When Required, Refund, Forfeiture. When deemed necessary
by the City Treasurer, or by the requesting entity, or when directed
by the City Attorney, bid deposits shall be prescribed in inviting
bids. An unsuccessful bidder shall be entitled to return of any surety
required. A successful bidder shall forfeit any surety required 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.
C.
Manner Of Submission Of Bids: Opening, Recommendations To The Board. Sealed bids or proposals shall be submitted to the City Administrator and shall be identified as to the bid involved 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 notices. After the opening, the entity requesting the bid shall review and file a report with the City Administrator containing its recommendation and justification. The City Administrator will process the bid in accordance to Section 135.060, Approval, to complete the purchase.
D.
Award Of Contract To Bidder. The City shall award the contract to
the best bid, not necessarily the lowest bid, and shall have the right
to reject any and all bids. When the award is not recommended to be
given to the lowest bidder, a full and complete statement of the reasons
for placing the order elsewhere shall be prepared by the requesting
entity and forwarded to the City Administrator for approval and processing.
This statement will be filed with the bid documents.
E.
Factors For Determination Of The Best Bid:
1.
Cost to the City of Weldon Spring.
2.
The ability, capacity and skill of the bidder to perform the
contract or provide the services required.
3.
Whether the bidder can perform the contract or provide the services
within the time specified without delay or interference.
4.
The character, integrity, responsibility, judgment, experience
and efficiency of the bidder.
5.
Whether the bidder is in default on the payment of taxes, licenses
or monies due the City.
6.
The quality and performance of previous contracts or services.
7.
The previous and existing compliance by the bidder with the
laws, provisions of the ordinance, and any other City ordinances relating
to the contract or service.
8.
The quality, availability and adaptability of the supplies or
contractual services to the use required.
9.
Local business preference.
F.
Informal Purchasing Procedures. All purchases of supplies and contractual
services over five thousand dollars ($5,000.00) up to ten thousand
dollars ($10,000.00) shall be made upon the basis of at least three
(3) quotes from three (3) prospective suppliers. The entity requesting
the services or materials will solicit bids by direct mail, electronic
media or telephone and receive the bids either by direct mail, electronic
media or via fax. All bids will be recorded and attached to the purchase
request at time of submittal.
G.
Open Market Procedure. Purchases of supplies and contractual services
of five thousand dollars ($5,000.00) or less, if budgeted, or two
thousand five hundred dollars ($2,500.00) or less, if unbudgeted,
can be made on the open market without bids or proposals. Requesting
entity shall always strive to maximize value and minimize costs when
making purchases.
H.
The bidding process may be waived for the purpose of purchasing goods
and services for the following situations:
1.
Where bids, contracts, or cooperative purchasing agreements
are established.
2.
Where professional services of a specialized nature are required.
3.
There exists only one sole supplier as set out below.
4.
Where the standardization of parts and replacement is absolutely
necessary.
5.
Where ensuring compatibility with existing City equipment is
in the best interest of the City.
6.
In case of emergency.
7.
For other reasons as deemed necessary by the Board of Aldermen.
I.
Emergency Purchasing Procedures. In the event of a declared emergency (emergencies
are only to be declared by the Mayor or, in his/her absence, by the
President Pro Tem of the Board of Aldermen or, in both of their absences,
by the City Administrator or City Clerk) that requires immediate purchase
of supplies or contracted services, the City Administrator with the
approval of the Mayor is authorized to secure by an open market procedure,
at the lowest obtainable price, any supplies or contractual service.
A full report of the circumstances of the emergency purchase shall
be filed by the City Administrator with the Board of Aldermen and
shall be entered into the official records of the Board of Aldermen.
In the absence or unavailability of the City Administrator, the Mayor
may authorize the emergency purchase.
J.
Single-Source Purchasing. The requirement of competitive bids or
proposals for supplies may be waived when the City Administrator has
determined that there is only a single feasible source for the procurement.
A single source exists when:
1.
Supplies are proprietary and only available from the manufacturer
or a single distributor.
2.
Based on past procurement experience, it is determined that
only one (1) distributor serves the region.
3.
Supplies are available at a discount from a single distributor
for a limited period of time.
4.
In order to match or fit with equipment already on hand.
5.
When engaged in cooperative purchasing, i.e., State of Missouri,
General Services Administration, in which case bidding has already
been done by another agency.
K.
Authority To Engage In Cooperative Purchasing. The City Administrator
shall have the authority to join with other governmental units in
cooperative purchasing when it would serve the best interests of the
City.
L.
Purchasing Procedures And Approval Authorizations. Anyone desiring
to order supplies, equipment or services shall initiate the procedure
by filling out a purchase order requisition providing the vendor's
name (if available), address, the quantity, the description and the
estimated cost of the item or items being ordered. The requestor will
then submit this request to the City Administrator.
[R.O. 2004 § 130.060; Ord. No.
03-02 § 7, 1-14-2003; Ord. No. 06-27 §§ 3 —
16, 12-12-2006; Ord. No. 20-10, 6-9-2020]
A.
Purchases up to five thousand dollars ($5,000.00) shall be approved
by the City Administrator.
B.
Purchases over five thousand dollars ($5,000.00) up to ten thousand
dollars ($10,000.00) shall require approval of the Mayor or, in his/her
absence, the President Pro Tem of the Board of Aldermen.
C.
Any approvals between two thousand five hundred dollars ($2,500.00)
and to ten thousand dollars ($10,000.00) will be included in the report
to the Board of Aldermen as an informational item, including a statement
of source of funding.
D.
The Board of Aldermen must approve all purchases in excess of ten
thousand dollars ($10,000.00).
E.
The Board of Aldermen must first authorize all capital expenditures
either through the budget process or by motion at a Board of Aldermen
meeting. The City Administrator and Mayor, jointly, may approve the
actual purchase of capital equipment and capital projects if the purchase
does not exceed ten thousand dollars ($10,000.00). All purchases of
capital equipment and capital projects over ten thousand dollars ($10,000.00)
shall require the final approval of the Board of Aldermen before the
acquisition is made. The requesting party will make a written recommendation
to the City Administrator before any capital expenditure is approved.
The requesting entity will be responsible to see that any cost-sharing
(source of funding) agreements, easements, construction plans or permits
necessary to proceed are in place before submitting the request to
the City Administrator. Individual Aldermen or staff members are not
to authorize projects to proceed without proper Board authorization
as prescribed in this Chapter.
F.
Contractual Services. The City Administrator will approve, and the
Mayor will sign all agreements for contractual services and contracts
will be filed with the City Clerk.
G.
Professional Services. Contracts for professional services exceeding
five thousand dollars ($5,000.00) shall require authorization and
approval by the Board of Aldermen. A contract, signed by the Mayor,
shall be filed with the City Clerk and a purchase order for encumbrance
of funds shall be sent to the City Treasurer before work commences.
Contracts for professional services under five thousand dollars ($5,000.00)
shall require approval by the City Administrator and will be signed
by the Mayor.
H.
Change orders to a non-capital, existing purchase or contract will
follow the same approval guidelines as regular purchases with the
new total not exceeding their respective authorization levels.
I.
Change Orders For Capital Projects. Any changes to projects that
are within budget and/or pre-approved contingency may be approved
as long as no line item change exceeds ten percent (10%) of that line
item or, in any case, not to exceed ten thousand dollars ($10,000.00).
J.
In an event of an emergency, the Mayor and the City Administrator
may approve purchases up to twenty-five thousand dollars ($25,000.00).
The City Administrator shall report the emergency expenditures to
the Board of Aldermen at the next regularly scheduled Board meeting.
If the estimated cost of the emergency action required exceeds
twenty-five thousand dollars ($25,000.00), the Mayor or the City Administrator
must authorize a phone/email poll of the Board of Aldermen. This poll
will be conducted by the City Clerk and the City Administrator, or
their designee(s), subject to the provisions of the Sunshine Law of
the State of Missouri.
[R.O. 2004 § 130.070; Ord. No.
03-02 § 8, 1-14-2003; Ord. No. 20-10, 6-9-2020]
Authorization shall be by the person in the described position,
or the person delegated by that position in his/her absence or non-availability,
by written authorization.
[R.O. 2004 § 130.080; Ord. No.
03-02 § 9, 1-14-2003; Ord. No. 20-10, 6-9-2020]
A.
The City Treasurer may make transfers within the budget within a
class or group (personnel, services, supplies, maintenance or capital
items).
B.
The City Treasurer shall have the authority to make transfers from
one (1) class to another (personnel to capital) with the City Administrator's
approval of up to five thousand dollars ($5,000.00). The transfer
of over five thousand dollars ($5,000.00) shall require Board of Aldermen
approval.
C.
The City Treasurer, with approval of the City Administrator, shall
be authorized to make administrative transfers to correct accounting
procedures such as classification errors.
[R.O. 2004 § 130.090; Ord. No.
03-02 § 10, 1-14-2003; Ord. No. 06-27 § 17, 12-12-2006; Ord.
No. 20-10, 6-9-2020]
Preapproved petty cash purchases shall be limited to a maximum
of two hundred dollars ($200.00). Petty cash reimbursements shall
be limited to a maximum of one hundred dollars ($100.00).
[R.O. 2004 § 130.100; Ord. No.
03-02 § 11, 1-14-2003; Ord. No. 06-27 § 18, 12-12-2006; Ord.
No. 20-10, 6-9-2020]
Credit cards may be issued to the City Administrator and certain
committee heads at the direction of the City Administrator. These
cards will have the same purchasing authorization and limitations
as set out above for purchase orders. It will be the responsibility
of the person named on the card to justify all purchases and provide
proper documentation (expense reports and receipts) on the use of
the card.
[R.O. 2004 § 130.110; Ord. No.
03-02 § 12, 1-14-2003; Ord. No. 06-27 § 19, 12-12-2006; Ord.
No. 20-10, 6-9-2020]
A.
The City Administrator or his/her designate may approve travel to
seminars and programs within the regional area [State of Missouri
and within fifty (50) miles of the Missouri border], but not exceeding
one thousand five hundred dollars ($1,500.00) per person. If total
travel expenditures for all persons for a single conference/event
exceed five thousand dollars ($5,000.00) it shall require Board of
Aldermen approval.
B.
The City Administrator or his/her designate may approve all travel
and training as specifically outlined in the budget so long that it
does not exceed the budgeted amount.
C.
All personnel wishing to travel or attend training will adhere to
the travel regulations as described in the City of Weldon Spring Personnel
Manual.
D.
All travel and training items must be reported on an individual's
expense report and approved by the immediate supervisor prior to payment
for reimbursement. All travel and meal expenses incurred by the Mayor
and Aldermen are subject to approval by the Board of Aldermen prior
to reimbursement.
[R.O. 2004 § 130.120; Ord. No.
03-02 § 13, 1-14-2003; Ord. No. 20-10, 6-9-2020]
A.
All sales of real and personal property that have become obsolete
and unusable and have an estimated value of one thousand dollars ($1,000.00)
or more will be declared as surplus property by the Board of Aldermen
and may be sold by using the formal bid method as described in the
purchasing procedures and awarded to the highest responsible bidder
or sold by using a State authorized third party service able to meet
the necessary public notice and bidding criteria established by the
State.
B.
The City may sell real and personal property by holding a public
sale that has been advertised a minimum of three (3) times, at least
once in a legal newspaper. The property will be awarded to the highest
bidder meeting the criteria of the auction.
C.
The City may dispose of used equipment by trading it in on new purchases.
In such cases the net cost of the new equipment less the trade-in
will be used in the comparison of bids.
D.
The Board of Aldermen may declare items of personal property as surplus
in which case these items may be offered to another governmental or
tax supported agency at lower than market value.
E.
Items under one thousand dollars ($1,000.00) may be declared as surplus
by the City Administrator and discarded in the most efficient method
available depending on condition, salvage value, useful life remaining
and other pertinent factors.
[R.O. 2004 § 130.125; Ord. No.
06-27 § 20, 12-12-2006; Ord. No. 20-10, 6-9-2020]
Upon notification of termination or receipt of notice of resignation,
all rights and duties of any elected official or appointed official
authorized to purchase, procure, sell or make contractual commitments
on behalf of the City will cease immediately.
[R.O. 2004 § 130.135; Ord. No.
03-02, 1-14-2003; Ord. No. 06-27 §§ 22 — 24, 12-12-2006; Ord.
No. 20-10, 6-9-2020]
A.
"Professional services" shall mean those services of a vocation requiring
specialized knowledge and intensive academic or technical training
in such fields as law, finance, engineering, planning, real estate,
computer sciences and related fields.
1.
Contracts Over Five Thousand Dollars ($5,000.00).
a.
The City Administrator will appoint a Selection Committee of
at least three (3) qualified individuals. This Committee will include
the Chairman of the requesting City Committee who will serve as Chairman
of the Selection Committee when applicable.
b.
The Selection Committee will solicit proposals from qualified
service providers, review the proposals, narrow the field of prospects,
request detailed proposals, interview the providers, and make a recommendation
to the City Administrator.
c.
Factors to be considered in determining the best proposal shall
include experience and technical competence, previous performance,
ability to meet schedules, community relations and sensitivity to
citizen concerns, and the proximity to and familiarity with the area.
d.
When detailed proposals are requested, they should include,
at a minimum, the project name, the name and address of the firm,
project-related experience, any subcontractors or outside firms or
personnel to be used, a resume of key persons involved, any special
related experience, any other work previously done or currently being
performed for the City, a description of resources to be used, and
an estimation of hours and time of completion.
e.
The City Administrator will negotiate a contract with the firm
or individual suggested by the committee and report to the Selection
Committee for acceptance or termination of negotiations. If a contract
cannot be negotiated, the Committee will then suggest its next choice,
and an agreement will be negotiated with that firm. When the terms
of the contract are negotiated, the City Administrator and the Chairman
of the Selection Committee will make their recommendations to the
Board of Aldermen for approval and authorization to signing by the
Mayor.
2.
Contracts Five Thousand Dollars ($5,000.00) Or less. Written
proposals will be requested by direct mail, electronic media or telephone/fax.
The requesting party shall review the proposals and make a recommendation
to the City Administrator for approval by the Mayor.
3.
Contingent Fees.
a.
Every contract entered into for professional services by the
City shall contain a prohibition against contingent fees as follows:
The architect, engineer or service provider warrants that he/she
has not employed or retained any company, or person, other than a
bona fide employee working solely for such firm or company, for the
purpose of soliciting or securing any agreement with the City or by
providing any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or this agreement.
b.
For the breach or violation for the foregoing provision, the
Board of Aldermen shall have the right to terminate the agreement
without liability and at its discretion to deduct from the contract
price or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
4.
The Board of Aldermen in its sole and absolute discretion may
waive any and all aforementioned procedural requirements.
[R.O. 2004 § 130.136; Ord. No.
06-27 §§ 25 — 28, 12-12-2006; Ord. No. 20-10, 6-9-2020]
A.
Before the City Treasurer shall issue payment or partial payment
for any purchase or service received, the City Treasurer must have
received and matched the following:
1.
A copy of a complete requisition, including copy of the bid
(if required) and appropriate approvals;
2.
A copy of the purchase order and any specifications describing
the procured items;
3.
A copy of a written receiver (verification of delivery and compliance
to specifications); and
4.
An appropriate invoice from the supplier.
B.
Expense Reports. Before the City Treasurer shall make payment on
credit card bills, travel and training expenses or reimbursable expenses,
the items must be covered on an individual's expense report.
C.
Petty Cash Replenishment. The City Treasurer shall replenish the
petty cash to the two hundred dollar ($200.00) level at least every
other week or as necessary, but only to the extent that written documentation
is present accounting for the money spent, who spent it and for what
purpose.
