[R.O. 2011 § 145.060; R.O. 2009
§ 40.15; CC 1981 § 2-485; Ord. No. 86-85, 4-18-1986; Ord. No. 07-162, 6-11-2007]
The general authority of the Purchasing Agent shall be pursuant to Section 7.5 of the City Charter. Pursuant to Section 120.130(B), the Mayor or his/her appointee shall be the Purchasing Agent of the City. Unless otherwise required by law or by ordinance, the purchasing regulations set forth in this Article shall apply to the purchase of equipment, materials, supplies or services.
[R.O. 2011 § 145.070; R.O. 2009
§ 40.16; CC 1981 § 2-496; Ord. No. 86-85, 4-18-1986]
Whenever any department, division
or any other branch or agency of the City requires service, equipment,
materials or supplies from another department, division or other branch
or agency of the City, requisitions may be made for such purpose with
the appropriate credits and debits to appropriations. In such cases,
no bids shall be required.
[R.O. 2011 § 145.080; R.O. 2009
§ 40.17; CC 1981 §§ 2-487 — 2-487.1; Ord. No. 86-85, 4-18-1985; Ord.
No. 87-205, 10-22-1987; Ord. No. 95-40, 2-16-1995]
A.
Standard Specifications. The Purchasing
Agent shall have authority to adopt standard specifications from time
to time for each class or grade of the various articles, commodities
and supplies ordinarily required by the City. The Purchasing Agent
shall cause the same to be printed in looseleaf or typewritten form
for distribution. Standard specifications shall be drafted so as to
procure commodities and supplies of such quality and design as will
serve the purpose required and to facilitate the making of bids therefrom.
Whenever standard specifications have been adopted, purchases for
items covered by standard specifications shall be made in accordance
therewith unless a change is necessary. Whenever a change is necessary,
the reason shall be documented on the requisition. In advertising
for bids, it shall be sufficient to refer to the appropriate item
of the standard specifications. The Purchasing Agent may require samples
to be furnished with bids.
B.
Products Made In The United States. The
City encourages the purchase of products assembled, manufactured or
produced in the United States.
[R.O. 2011 § 145.090; R.O. 2009
§ 40.18; CC 1981 §§ 2-488 — 2-489,
2-491; Ord. No. 86-85, 4-18-1986; Ord.
No. 95-40, 2-16-1995; Ord. No. 01-278, 11-30-2001; Ord. No. 04-16, 2-3-2004; Ord. No. 07-162, 6-11-2007; Ord. No. 07-280, 11-7-2007; Ord.
No. 08-246, 11-25-2008; Ord. No. 24-015, 2-6-2024]
A.
Purchases Under $5,000.00. For purchases
involving expenditures of less than five thousand dollars ($5,000.00),
the appropriation for which has been approved as part of the annual
budget, shall be made without formal bidding, subject to the rules
and regulations prescribed by the Mayor.
B.
Purchases Between $5,000.00 And $50,000.00.
For purchases of at least five thousand dollars ($5,000.00) but less
than fifty thousand dollars ($50,000.00), the Purchasing Agent shall
solicit at least three (3) written bids which may be submitted via
U.S. mail, electronic mail or facsimile.
C.
Purchases Of $50,000.00 And Above. For
purchases in excess of fifty thousand dollars ($50,000.00), the Purchasing
Agent shall comply with the following competitive bidding requirements:
1.
Notice. A notice inviting bids shall
be published at least once in a newspaper of general circulation in
the City. The notice shall be published at least ten (10) days prior
to the date set for the receipt of the bids. The notice shall include
a general description of the items to be purchased or services performed
and the time and place for opening bids. A notice inviting bids may
also be posted in the City Clerk's office and may also be mailed to
all responsible prospective bidders. If notices can be mailed to all
prospective bidders who are qualified to bid, the Purchasing Agent
may waive publication and send the letters in lieu of publication.
2.
Bid Forms. Each bid shall be in writing
on the form provided by the Purchasing Agent. Each bid shall be signed
by the bidder and shall contain the full name of the person or company
submitting the bid. The bid form shall state that the City reserves
the right to reject any and all bids.
3.
Opening Of Bids. At the time and
place prescribed in the notice for opening bids, the Purchasing Agent
shall open all bids and publicly read each bid. All bids submitted
after the time specified in the notice shall be void and shall be
returned to the bidder.
4.
Certification Of Bids. The Purchasing
Agent shall tabulate all bids properly submitted and certify them
to the department director, to the Mayor, to the City Council or to
the board or commission, as may be appropriate.
[R.O. 2011 § 145.100; R.O. 2009
§ 40.19; CC 1981 § 2-492; Ord. No. 86-85, 4-18-1986; Ord. No. 94-257, 9-30-1994; Ord.
No. 95-40, 2-16-1995; Ord. No. 96-341, 12-2-1996; Ord. No. 99-133, 4-27-1999; Ord. No. 99-248, 7-22-1999; Ord. No. 01-278, 11-30-2001; Ord. No. 04-16, 2-3-2004; Ord. No. 07-162, 6-11-2007; Ord. No. 07-280, 11-7-2007; Ord. No. 11-114 § 1, 6-22-2011; Ord. No. 11-184 § 1, 9-8-2011]
A.
The contract of purchase shall be awarded
to the bidder who submits the lowest and best bid. In determining
the lowest and best bid, the Purchasing Agent will consider price
and other factors. These factors shall include, but not be limited
to:
1.
Trade-in value of specific makes
of equipment;
2.
Life expectancy of the items to be
purchased;
3.
Maintenance costs of varying models
of vehicles and equipment;
4.
Experience and reputation of the
bidder and manufacturer and any previous business dealings which the
bidder has had with the City; and
5.
Quality and adaptability of the supplies
or equipment which are bid to the particular use required.
B.
Local Bidder Preference.
1.
City Bidder Preference. A "City bidder"
is one which has a business office in the City. For projects or purchases
which are funded entirely from revenues of the City, if an evaluation
of the bids indicates that the lowest and best bid has been submitted
by a non-City bidder, then the following City bidder preference analysis
shall be conducted.
a.
Amount Of Preference. City bidders
shall have a three percent (3%) preference based upon the non-City
lowest and best bid, but the preference shall not exceed five thousand
dollars ($5,000.00).
b.
Analysis.
(1)
The amount of preference determined in Subsection (B)(1)(a) above (amount of preference) shall be added to the amount of the non-City lowest and best bid, the sum of which shall become the "City preference guideline."
(2)
If any bid submitted
by a City bidder is equal to, or lower than, the City preference guideline,
then the lowest bid submitted by a City bidder shall be reviewed to
determine whether it is the lowest and best bid. If it is not the
lowest and best bid, then the next City bid, which is equal to or
lower than the preference guideline, shall be reviewed and the process
shall be continued until either a City bid has been selected as the
lowest and best bid, or all City bids equal to or lower than the preference
guideline have been eliminated.
2.
County Bidder Preference. A "County bidder" is one which has a business office in the County. If a City bidder has not been selected, and if the lowest and best bid has been submitted by a non-County bidder, then the preference analysis set forth in Subsection (B)(2)(b) shall be conducted to give a preference to County bidders. The process shall be continued until either a County bidder's bid has been selected as the lowest and best bid or all County bidders submitting bids equal to or lower than the County preference guideline have been eliminated.
a.
Amount Of Preference. County bidders
shall have a two percent (2%) preference based upon the non-County
lowest and best bid, but the preference shall not exceed five thousand
dollars ($5,000.00).
b.
Analysis.
(1)
The amount of preference determined in Subsection (B)(2)(a) above (amount of preference) shall be added to the amount of the non-County lowest and best bid, the sum of which shall become the "County preference guideline."
(2)
If any bid submitted
by a County bidder is equal to, or lower than, the County preference
guideline, then the lowest bid submitted by a County bidder shall
be reviewed to determine whether it is the lowest and best bid. If
it is not the lowest and best bid, then the next County bid, which
is equal to or lower than the County preference guideline, shall be
reviewed, and the process shall be continued until either a County
bid has been selected as the lowest and best bid, or all County bids
equal to or lower than the preference guideline have been eliminated.
3.
Metropolitan Area Preference. A "metropolitan area bidder" is one which has a business office in the St. Louis metropolitan area. If neither a City bidder nor a County bidder has been selected and if the lowest and best bid has been submitted by a non-Metropolitan area bidder, then the preference analysis set forth in Subsection (B)(3)(b) shall be conducted to give a preference to Metropolitan area bidders. The process shall be continued until either a Metropolitan area bidder's bid has been selected as the lowest and best bid or all bids submitted by Metropolitan area bidders equal to or lower than the Metropolitan area preference guideline have been eliminated.
a.
Amount Of Preference. Metropolitan
area bidders shall have a two percent (2%) preference based upon the
non-Metropolitan area lowest and best bid, but the preference shall
not exceed five thousand dollars ($5,000.00).
b.
Analysis.
(1)
The amount of preference determined in Subsection (B)(3)(a) above (amount of preference) shall be added to the amount of the non-Metropolitan area lowest and best bid, the sum of which shall become the "Metropolitan area preference guideline."
(2)
If any bid submitted
by a Metropolitan area bidder is equal to, or lower than, the Metropolitan
area preference guideline, then the lowest bid submitted by a Metropolitan
area bidder shall be reviewed to determine whether it is the lowest
and best bid. If it is not the lowest and best bid, then the next
Metropolitan area bid, which is equal to or lower than the Metropolitan
area preference guideline, shall be reviewed, and the process shall
be continued until either a Metropolitan area bid has been selected
as the lowest and best bid, or all Metropolitan area bids equal to
or lower than the preference guideline have been eliminated.
4.
State Bidder Preference. A "State bidder" is one which has a business office in the State. If there has been no selection of a City bidder, a County bidder or a Metropolitan area bidder and if the lowest and best bid has been submitted by a non-State bidder, then the preference analysis set forth in Subsection (B)(4)(b) shall be conducted to give a preference to State of Missouri bidders. The process shall be continued until either a State of Missouri bidder's bid has been selected as the lowest and best bid or all bids submitted by State of Missouri bidder's equal to or lower than the preference guideline have been eliminated.
a.
Amount Of Preference. State bidders
shall have a two percent (2%) preference based upon the non-State
of Missouri lowest and best bid, but the preference shall not exceed
five thousand dollars ($5,000.00).
b.
Analysis.
(1)
The amount of preference determined in Subsection (B)(4)(a) above (amount of preference) shall be added to the amount of the non-State lowest and best bid, the sum of which shall become the "State of Missouri preference guideline."
(2)
If any bid submitted
by a State of Missouri bidder is equal to or lower than, the State
of Missouri preference guideline, then the lowest bid submitted by
a State of Missouri bidder shall be reviewed to determine whether
it is the lowest and best bid. If it is not the lowest and best bid,
then the next State of Missouri bid, which is equal to or lower than
the State of Missouri preference guideline, shall be reviewed, and
the process shall be continued until either a State of Missouri bid
has been selected as the lowest and best bid, or all State of Missouri
bids equal to or lower than the preference guideline have been eliminated.
5.
United States Preference. A "United States bidder" is one in which has a business office in the United States. If there has been no selection of a City bidder, a County bidder, a Metropolitan area bidder or a State bidder and if the lowest and best bid has been submitted by a non-United States bidder, then the preference analysis set forth in Subsection (B)(5)(b) shall be conducted to give a preference to United States bidders. The process shall be continued until either a United States bidder's bid has been selected as the lowest and best bid or all bids submitted by United States bidders equal to or lower than the preference guideline have been eliminated.
a.
Amount Of Preference. United States
bidders shall have a two percent (2%) preference based upon the non-United
States lowest and best bid, but the preference shall not exceed five
thousand dollars ($5,000.00).
b.
Analysis.
(1)
The amount of preference determined in Subsection (B)(5)(a) above (amount of preference) shall be added to the amount of the non-United States lowest and best bid, the sum of which shall become the "United States preference guideline."
(2)
If any bid submitted
by a United States bidder is equal to or lower than, the United States
preference guideline, then the lowest bid submitted by a United States
bidder shall be reviewed to determine whether it is the lowest and
best bid. If it is not the lowest and best bid, then the next United
States bid, which is equal to or lower than the United States preference
guideline, shall be reviewed, and the process shall be continued until
either a United States bid has been selected as the lowest and best
bid, or all United States bids equal to or lower than the preference
guideline have been eliminated.
6.
Award Of The Contract. If a bid receiving
a local bidder preference is selected as the lowest and best bid,
then the bidder submitting that bid shall be awarded the contract.
If no bid receiving a local bidder preference is selected as the lowest
and best bid, then the contract shall be awarded to the lowest and
best bidder not receiving a local bidder preference.
7.
In addition to the foregoing requirements,
State bidders and United States bidders, as categorized above, will
be awarded contracts provided for under this Section only if the following
requirements are met:
a.
All subcontractors of the State bidder
or United States bidder shall be a City subcontractor with a business
office located in the City or a County subcontractor with a business
office located in the County or a metropolitan subcontractor located
in the St. Louis metropolitan area; provided that the selected City
subcontractor, County subcontractor or metropolitan subcontractor
shall be qualified, capable and available to perform the work in accordance
with bid specifications and requirements.
b.
State bidders and United States bidders
may be awarded contracts utilizing State and United States subcontractors
if there are no City subcontractors, County subcontractors or metropolitan
subcontractors qualified, capable and available to perform the work
or that the cost of utilizing City subcontractors, County subcontractors
or metropolitan subcontractors would exceed the cost of utilizing
State or U.S. subcontractors by two percent (2%) or more of the lowest
and best bid provided by a State or U.S. subcontractor to the State
or U.S. bidder; provided the State bidder or United States bidder
shall certify to the City that a City subcontractor, County subcontractor
or metropolitan subcontractor who is qualified, capable and available
to perform the work in accordance with bid specifications and requirements
cannot be found or that the cost of utilizing City subcontractors,
County subcontractors or metropolitan subcontractors would exceed
the cost of utilizing State or U.S. subcontractors by two percent
(2%) or more of the lowest and best bid provided by a State or U.S.
subcontractor to the State or U.S. bidder.
C.
The award of the contract of purchase shall
be made by the Mayor for amounts one hundred thousand dollars ($100,000.00)
or less and by the City Council for amounts greater than one hundred
thousand dollars ($100,000.00). Contracts for greater than one hundred
thousand dollars ($100,000.00) shall be listed on the consent agenda
and if the contract is approved by the Council through approval of
the consent agenda, then the Mayor may award the contract. If the
contract is removed from the consent agenda, then it shall be approved
or disapproved as directed by the City Council. The Mayor may delegate
the authority to award contracts of purchases for amounts one hundred
thousand dollars ($100,000.00) or less. The Park Board or any other
board or commission which is authorized to make purchases and contracts
shall award its purchases and contracts over ten thousand dollars
($10,000.00) in amount and it may appoint someone to award contracts
of purchase for amounts ten thousand dollars ($10,000.00) or less
or may retain that power for itself.
[Ord. No. 19-100, 5-7-2019; Ord. No. 19-231, 11-5-2019]
D.
The Mayor may acquire on behalf of the
City all easements and rights-of-way appropriate in conjunction with
a road or development project of the City where the cost for the easement
or right-of-way does not exceed one hundred thousand dollars ($100,000.00).
Easements or rights-of-way involving consideration for greater than
one hundred thousand dollars ($100,000.00) shall be listed on the
Council's consent agenda and, if approved by the Council as a consent
item, the Mayor shall be authorized to acquire the easement or right-of-way
without further approval of the Council. If the easement or right-of-way
item is removed from the consent agenda, then it shall be approved
or disapproved as directed by the City Council.
[Ord. No.
19-231, 11-5-2019]
[R.O. 2011 § 145.110; R.O. 2009
§ 40.20; CC 1981 § 2-493; Ord. No. 86-85, 4-18-1986; Ord. No. 07-162, 6-11-2007; Ord.
No. 14-243 § 1, 11-18-2014]
A.
When there is only one (1) vendor that
meets or exceeds specifications for furnishing a particular good or
service, the Purchasing Agent may negotiate a tentative contract without
following the bidding procedures.
B.
A vendor is a sole-source supplier if the
goods or services are not available from any other competitive, qualified
source in the normal course of business.
C.
The Purchasing Agent shall document the
facts which make the good or service a sole-source purchase and shall
submit the documentation to the Mayor, City Council or board or commission,
as may be appropriate.
[R.O. 2011 § 145.120; R.O. 2009
§ 40.21; CC 1981 § 2-494; Ord. No. 86-85, 4-18-1986]
A.
No purchase may exceed the amount budgeted
for that purpose unless:
1.
The Mayor transfers part or all of
an unencumbered appropriation balance from another program within
the department, office or agency;
2.
The Council, upon request of the
Mayor, transfers part or all of an unencumbered appropriation balance
from another department, office or agency; or
3.
The Council, upon certification by
the Mayor that there are available for appropriation revenues in excess
of those estimated in the budget, makes a supplemental appropriation
for the excess.
[R.O. 2011 § 145.130; R.O. 2009
§ 40.22; CC 1981 § 2-495; Ord. No. 86-85, 4-18-1986; Ord. No. 95-40, 2-16-1995; Ord.
No. 07-162, 6-11-2007; Ord. No. 14-243 § 1, 11-18-2014]
A.
In the case of an unexpected emergency
wherein any delay in purchasing would possibly result in the interruption
of or detriment to the public service, the requirements for competitive
bidding and awarding contracts may, upon consent of the Mayor, be
waived. However, the City Council or board, as appropriate, shall
be notified of the situation at its next regular meeting.
B.
If no bids are submitted by the deadline
after requests for bids have been properly made, then no further formal
bidding is required.
C.
The Purchasing Agent may authorize the
purchase of goods at public auction upon determination that a substantial
savings may be realized over the current market price.
[R.O. 2011 § 145.140; R.O. 2009
§ 40.23; CC 1981 § 2-498; Ord. No. 86-85, 4-18-1986; Ord. No. 88-131, 7-7-1988; Ord.
No. 98-1, 1-12-1998; Ord. No. 14-243 § 1, 11-18-2014]
No contract for the provision of
any goods or services shall be extended for a period in excess of
one (1) year without an opportunity for public bidding or a request
for proposals, unless the extension is approved by the Mayor and City
Council by ordinance.
[R.O. 2011 § 145.150; R.O. 2009
§ 40.24; CC 1981 § 2-499; Ord. No. 86-85, 4-18-1986; Ord. No. 07-162, 6-11-2007; Ord.
No. 14-243 § 1, 11-18-2014]
The Mayor or his/her designee is authorized to call for bids
or to negotiate for the lease of City real property which is currently
under-utilized in order to maximize the return of the property to
the City until such time as the property shall be required for public
usage. All such leases are subject to Council or board (as appropriate)
authorization and approval. Any tract of property susceptible of commercial
or agricultural use and not having a unique or enhanced value to any
party due to its use, size, configuration or location shall be leased
only after an opportunity for public bidding. Properties with a unique
or enhanced value as herein described may be negotiated for lease
upon certification of their unique or enhanced value by the Mayor
or board (as appropriate). This provision shall not be applicable
to any lease entered into appurtenant to a settlement or award of
any condemnation proceeding.
[R.O. 2011 § 145.160; R.O. 2009
§ 40.25; CC 1981 § 2-500; Ord. No. 86-85, 4-18-1986; Ord. No. 08-36, 2-6-2008]
A.
No bid shall be accepted from or contract
awarded to any person who is in arrears to the City upon any debt
or contract or who has defaulted on security or otherwise upon an
obligation to the City or who shall in other respects be disqualified
according to the provisions of this Code or the City Charter.
B.
No bid shall be accepted from or contract
awarded to any firm which has provided consultant services on the
work being bid or has prepared the bidding specifications for such
work. This Subsection may be waived by the City Council.
[R.O. 2011 § 145.170; R.O. 2009
§ 40.26; CC 1981 § 2-501; Ord. No. 86-85, 4-18-1986; Ord. No. 14-243 § 1, 11-18-2014]
A.
No purchase order shall be issued until
the Finance Department has certified that the expenditure is within
the purpose of the appropriation and the work program contemplated
thereby and that there is a sufficient unencumbered balance in the
appropriate account and in the proper fund to pay the obligation.
B.
Upon issuance of a purchase order, the
Finance Department shall encumber sufficient funds to pay the amount
indicated on the purchase order and reduce funds available for expenditures.
[R.O. 2011 § 145.180; R.O. 2009
§ 40.27; CC 1981 § 2-502; Ord. No. 86-85, 4-18-1986; Ord. No. 90-147, 6-6-1990; Ord.
No. 07-162, 6-11-2007; Ord. No. 14-243 § 1, 11-18-2014]
A.
The following goods and services shall
be exempt from competitive bidding:
1.
Purchases made cooperatively with
other units of government.
3.
Purchases from Federal, State or
other local governmental units.
4.
Contracts for printing or engraving
of bonds or other evidences of indebtedness.
5.
Magazines, books or periodicals.
6.
Gasoline and other fuels.
7.
Goods purchased for resale.
8.
Purchase or sale of land.
9.
Other goods or services exempted
by regulation established by the Mayor.
[R.O. 2011 § 145.190; R.O. 2009
§ 40.28; Ord. No. 04-284, 12-13-2004; Ord. No. 07-162, 6-11-2007]
A.
No ordinance for purchases or contracts
for services or goods of any kind or description, payment of which
is to be made from funds of the City, shall be considered for approval
by the City Council except in the manner hereafter set forth:
1.
All ordinances for the approval of
purchase orders or contracts must be for goods or services covered
by an identified category in the budget for the current fiscal year
as approved by the City Council.
2.
Each such ordinance shall specifically
state the amount actually appropriated for the identified category
and the remaining amount in the identified category, before any deduction
for the services or goods sought to be purchased as set forth in the
proposed contract.
3.
If the proposed ordinance requires
the expenditure of funds in excess of the amount budgeted in the identified
category of the budget as described above, then the ordinance shall
specifically identify the source(s) of funding for the excess fund
expenditure.
4.
If the proposed ordinance authorizes
funds to be paid as a result of a change order to the contract and
the change order either directly causes or may result in the contract
amount to exceed the funds budgeted in the identified category of
the budget as described above, then the ordinance shall specifically
identify the source(s) of funding for the full amount authorized by
the change order provision.
B.
Emergency Procedures. In case of an emergency
which requires immediate purchase of supplies or services and time
is of the essence, the Mayor shall be empowered to authorize the purchase
or to secure the services needed without complying with the procedures
as set forth in this Article. This Section shall also apply to any
natural disaster or civil emergency requiring immediate response on
the part of the City. However, a full report in writing of the circumstances
requiring emergency purchases shall be filed by the Mayor within thirty
(30) days after emergency. The Mayor shall forward such report and
information to the City Council.
C.
The City Council, upon majority vote, shall
have the authority to waive the requirements of this Section.
[R.O. 2011 § 145.200; R.O. 2009
§ 40.29; Ord. No. 06-36, 2-14-2006]
A.
The lease of real property to the City or by the City shall only be approved by ordinance except as described in Subsection (B).
B.
Subsection (A) shall not apply to leases where the property is occupied for the duration of one (1) day or less at one (1) time. Examples of rentals to which this exclusion shall apply include short-term rental of pavilions or shelters to the public by the Parks and Recreation Department; the short-term rental of the Senior Center by citizen groups; or rental of facilities for City-sponsored events such as the annual employee awards banquet.
[R.O. 2011 § 145.210; R.O. 2009
§ 40.30; Ord. No. 06-187, 7-21-2006; Ord. No. 07-114, 4-24-2007; Ord. No. 07-280, 11-7-2007]
Splitting or dividing of contracts and purchases for the purpose of evading the requirements of Chapter 145 shall not be permitted.
