[Ord. No. 3219 §1, 6-17-2015[1]]
A. 
All purchases made on behalf of the City of Ellisville shall be in compliance with the Purchasing Policy, except as specifically authorized by the City Council.
B. 
The purpose of this policy is to ensure the City is procuring the highest quality goods and services at the lowest responsible cost. This policy is designed to achieve fairness in purchases, opportunities to support the local economy, reasonableness in the value of purchases for the City and the personnel time to make the purchases so the City receives the best value possible.
C. 
In addition to the restrictions listed in this Article, the City Manager shall maintain a more detailed "Purchasing Policy of the City of Ellisville," which shall have a more detailed explanation of the purchasing policy as approved by the City Council by resolution.
[1]
Editor's Note: Ord. No. 3219 also repealed former Art. III, Purchasing Policy, comprised of Sections 140.080 through 140.130, derived from R.O. 2007 §§2-339 — 2-344, CC 1997 §§2-340 — 2-345 and Ord. No. 3216 §1, 4-15-2015.
[Ord. No. 3219 §1, 6-17-2015]
A. 
The City Manager may transfer all or part of any unencumbered appropriation balance among accounts within a department. The Council may, by ordinance, transfer part or all of an unencumbered appropriation balance from one department to another. No purchases may be made above the approved budget amount. Any purchases or contracts above the approved budget must have an ordinance increasing the budget prior to or in conjunction with the approval.
B. 
Any purchases exceeding one thousand dollars ($1,000.00) but less than five thousand dollars ($5,000.00) shall, whenever possible, be based on at least three (3) competitive bids. The City Manager's approval is required.
C. 
All purchases from five thousand dollars ($5,000.00) to ten thousand dollars ($10,000.00) shall, whenever possible, be based upon at least three (3) written competitive bids. The City Manager's approval is required.
D. 
All purchases exceeding ten thousand dollars ($10,000.00) require bids and appropriate advertising for bids. The Council shall have the authority to award a contract, if one is required. No proposed contract for a purchase or expenditure exceeding ten thousand dollars ($10,000.00) that has not been approved in the duly adopted original budget for said year may be approved unless the proposed contract is in writing and is available to the public for inspection in print and digitally at least forty-eight (48) hours prior to a Council vote.
E. 
All contracts for purchases or expenditures exceeding one hundred thousand dollars ($100,000.00) that have not been approved in the duly adopted original budget for said year shall require approval of the Council by ordinance. The Council will be advised by special legal counsel in attendance at the Council meeting, if necessary. The preceding requirements are not applicable to emergency expenditures and ordinances.
F. 
Approval by ordinance of all contracts for purchases or expenditures exceeding one hundred thousand dollars ($100,000.00) that were not included in the duly adopted original budget for said year shall require a public hearing. Public notice of the time, place and general subject matter of the hearing shall be published in a print or electronic newspaper of general circulation in the City of Ellisville at least fifteen (15) days prior to the hearing.
G. 
In situations in which comparative estimates may be obtained, the City Manager shall credit competitive estimates made by local businesses and contractors a three-percent adjustment to the comparative estimate made, but not to exceed a credit of one thousand five hundred dollars ($1,500.00). Such credit shall be applied to determine the lowest competitive estimate in those situations where competitive estimates are obtained for determining the lowest and best estimate. "Local businesses and contractor" shall mean a business or contractor which has a regular and established place of business within the limits of this City and is licensed in accordance with the provisions of the licensing ordinance of the City where the business is located.
H. 
Bid and/or performance bonds may be required by the City Manager for any purchase and as may be required by State law.
I. 
Exceptions from these bidding procedures are limited to the following.
1. 
Exceptions from the bidding requirement as approved by the Council.
2. 
Other purchases or contracts, which by their nature may be impossible to award by competitive bidding, are exempt from the bidding procedures and are as follows:
a. 
Professional services.
b. 
A commodity or service which, by its very nature, is available from only one (1) source.
c. 
A commodity or service which the City has standardized for use.
d. 
Emergency purchases when there is a pressing need for a commodity to preclude undue delay in accomplishment of an essential project.
[Ord. No. 3219 §1, 6-17-2015]
A. 
The Council shall have the authority to award contracts pursuant to the provisions of Section 140.090 for amounts exceeding ten thousand dollars ($10,000.00). The City Manager shall have the authority to award contracts pursuant to the provisions of Section 140.090 for amounts equal to or less than ten thousand dollars ($10,000.00). Contracts shall be awarded to the lowest and best responsible bidder. In determining the lowest and best responsible bidder, in addition to price, the following shall be considered: the ability, capacity or skill of the bidder to perform the contract or provide the service promptly within the time specified; the character, integrity, reputation, judgment, experience and efficiency of the bidder; the quality of performance of previous contracts or services; the previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services; the quality, availability and adaptability of the supplies or contractual services to the particular use required; and the ability of the bidder to provide future maintenance and service.
B. 
When the award is not to the lowest bidder, a full and complete written statement of the reasons shall be prepared by the City Manager and shall be filed with all other information relating to the transaction.
C. 
All sealed bids will be rejected which are received after the stated date and time and/or do not meet advertised requirements for surety or are unsigned at the time of opening or in any way do not meet the bid specification requirements.
D. 
All requests for sealed bids shall clearly state the time, date and location of the bid opening.
[Ord. No. 3219 §1, 6-17-2015]
Every City Officer, Board member, Council member, commission member or employee is 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 use of benefit of the City, except as provided for or allowed by the Revised Statutes of the State of Missouri, as amended.
[1]
Cross Reference-Officer prohibited from being interested in contracts, §103.030.
[Ord. No. 3219 §1, 6-17-2015]
A. 
The City may use cooperative purchasing programs operated by the State of Missouri, St. Louis County, multiple political subdivisions of the State of Missouri and multi-state programs to which Missouri belongs in place of competitive bidding. Whenever a local business, as defined previously in this Article, can provide the same products or services, those businesses shall be contacted and offered an opportunity to bid in accordance with normal bidding procedures. This is done to support the local economy.
B. 
Purchases from State or other government agencies' surplus property are encouraged when the products available meet the City's requirements for quality and good value.
C. 
Purchases of goods, services or contracts can be made in conjunction with neighboring political subdivisions of the State without additional bids being sought if the originating political subdivision has utilized an appropriate bid and review process.
[Ord. No. 3219 §1, 6-17-2015]
The City Manager shall have the authority to require reports from all City departments indicating all commodities or capital items which are no longer used or have become obsolete, worn out or scrapped. The City Manager shall have the authority to transfer these items from one department to another and to sell all items which have become unsuitable for public use or to exchange or trade for new supplies or capital items. Such sales are to be by public auction or by sealed bid to the highest responsible bidder. Sales with other Cities to encourage more buyers and a possible higher price or the use of an online service for multiple political subdivisions are encouraged. Revenues from surplus and scrap sales shall be credited to the general fund revenue account for surplus property sales. The City Manager is authorized to increase the budget for sale amounts and increase the expenditure budget of the selling department if that can be determined. The City Manager shall make a complete and detailed report of all transfers or sales to the Council within thirty (30) days following the transaction.