[Ord. No. 19 §1, 9-1-1995; Ord. No. 1724 §1, 5-24-2010]
There is hereby established the office of Purchasing Agent who shall be the City Administrator unless the Mayor with the approval of the Council shall appoint some other person. If the Purchasing Agent office is held by the City Administrator, or any other person holding another City office or position, no additional compensation shall be paid for the office established herein.
Scope of purchasing authority—duties. The Purchasing Agent is hereby authorized, and it shall be his/her duty, to purchase or contract for all supplies and contractual services needed by the City in accordance with purchasing procedures, as prescribed herein, and such rules and regulations as the Purchasing Agent shall adopt for the internal management and operation of purchasing functions and such other rules and regulations as shall be prescribed by the City Council.
Unauthorized purchases. No City Officer, employee or agent shall order the purchase of supplies or make any contract other than as provided in this Chapter and such rules and regulations as my be established by the Purchasing Agent, and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by the Purchasing Agent, and the City shall not be bound thereby.
Other powers and duties. In addition to the purchasing authority conferred above and in addition to other powers and duties conferred by this Chapter, the Purchasing Agent shall:
Minimum expenditure. Act to procure for the City the highest quality in supplies and contractual services at the least expense to the City.
Encourage competition. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
Rules and regulations. Establish and revise, when necessary, all rules and regulations necessary for purchasing functions that are consistent with the rules and regulations authorized herein.
Purchasing analysis. Keep informed of current developments in the fields of purchasing, prices, market conditions and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition and private businesses and organizations.
Forms. Prescribe and maintain such forms as he/she shall find reasonable and necessary to the implementation of these regulations.
Bulk purchases. Exploit the possibilities of buying in bulk so as to take full advantage of discounts.
Tax exemptions. Act so as to procure for the City all Federal, State and local tax exemptions to which it is entitled.
Disqualifications of bidders. Have the authority to declare vendors who default on their quotations irresponsible bidders and to disqualify them from receiving any business from the City for a stated period of time.
[Ord. No. 19 §2, 9-1-1995; Ord. No. 1724 §2, 5-24-2010; Ord. No. 2256, 4-24-2017]
No 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 made by the Purchasing Agent or any officer, employee or agent of the City except in the manner hereafter set forth.
Purchases Under Two Thousand Five Hundred Dollars ($2,500.00). Whenever any contemplated purchase or contract for goods or services is for the sum of less than two thousand five hundred dollars ($2,500.00) inclusive, the Purchasing Agent or assigned department head may order the item or services as needed in accordance with the approved purchasing procedures. The Purchasing Agent or assigned department head shall competitively shop to ensure that vendors which the City deals with are maintaining competitive pricing and appropriate quality goods and services.
Purchases Costing From Two Thousand Five Hundred Dollars ($2,500.00) To Ten Thousand Dollars ($10,000.00) Inclusive. Whenever any contemplated purchase or contract is for goods or services costing from two thousand five hundred dollars ($2,500.00) to ten thousand dollars ($10,000.00) inclusive, the assigned department head shall obtain at least three (3) written or oral quotations for the goods or services to be purchased. The quotations shall be submitted in written form to the Purchasing Agent who shall award the purchase or contract to the lowest responsible vendor.
Items Costing Over Ten Thousand Dollars ($10,000.00). Whenever any contemplated purchase or contract for goods or services is for the sum of more than ten thousand dollars ($10,000.00), the Purchasing Agent or assigned department head shall cause to be published in one (1) issue of a newspaper of general circulation in the City a notice inviting bids. Said notice shall be published at least ten (10) business days prior to the date set for receipt of the bids. The Purchasing Agent may allow more time for the preparation and submittal of bids whenever the contemplated purchase of goods or services indicates that a longer period of time will be required for vendors to complete and submit bids. The notice herein required shall include a general description of the articles to be purchased or services performed and the time and place for opening bids. In addition, the Purchasing Agent or assigned department head shall post a notice inviting bids in City Hall and may also mail to all responsible perspective suppliers of the items to be purchased or service performed a copy of the notice inserted in the newspapers hereinbefore required. Upon opening of the sealed bids, the Purchasing Agent or assigned department head shall review and investigate all bids received and shall then make a recommendation to the City Council based upon said investigation as to which bidder has submitted the lowest responsible bid.
Nothing herein shall be construed to require the Council to accept the lowest bid, or prevent the Council from rejecting all bids or negotiating for more favorable terms.
[Ord. No. 19 §3, 9-1-1995]
The Purchasing Agent and all parties contracting with the City shall follow the procedure hereinafter set forth in relation to all bids required above.
All notices and solicitations of bids shall state the time and place for opening.
All bids shall be submitted sealed to the City Official designed in the bid packet and shall be identified as bids on the envelope.
All bids shall be opened in public at a time and place stated in the public notices.
A tabulation of all bids received shall be posted in the City Hall for public inspection.
The City Council shall have authority to reject any and all bids and parts of all bids and re-advertise or re-solicit bids whenever it is deemed to be in the best interest of the City.
[Ord. No. 19 §4, 9-1-1995]
It is the responsibility of the Purchasing Agent to review and investigate all bids received and to make a recommendation thereon to the City Council regarding award to the lowest responsible bidder for the entire purchase or contract or for any part thereof. In determining the lowest responsible bidder, the Purchasing Agent shall consider:
The ability, capacity and skill of the bidder to perform the contract or provide the services required.
Whether the bidder can perform the contract to provide the services promptly or within required time periods without delay or interference.
The quality of performance of previous contracts or services.
The previous and existing compliance by the bidder with laws and ordinances of the City.
The financial resources and the ability of the bidder to perform the contract or provide the service.
The quality, availability and adaptability of the supplies or services.
[Ord. No. 19 §5, 9-1-1995; Ord. No. 2256, 4-24-2017]
All purchase orders or contracts must be for goods or services covered by a category in the budget for the current fiscal year as approved by the City Council. Any purchaser of an item not provided for in the current fiscal year budget must receive the prior approval of the City Council. The Purchasing Agent is authorized to approve all purchases after complying with the competitive shopping requirements as specified above. The Purchasing Agent shall also be authorized to expend funds exceeding ten thousand dollars ($10,000.00) for materials and supplies under blanket purchase order for a fixed period of time that was issued as a result of competitive bidding and City Council approval of the lowest responsible bidder.
All purchases of goods and services costing in excess of ten thousand dollars ($10,000.00) shall be approved in advance by the City Council except as provided hereinafter.
[Ord. No. 19 §6, 9-1-1995]
Exclusive Service. In the event that there is only one (1) firm or company or individual capable of providing a particular service or commodity and said services or commodities cannot be secured from other persons or companies, then the bidding requirements contained above shall not be applicable and the Purchasing Agent is authorized to proceed with the purchase of such services or commodities as are required by the City, but cannot be secured through the normal bidding process. Exclusive service purchases for amounts exceeding ten thousand dollars ($10,000.00) must be pre-approved by the City Council.
[Ord. No. 2256, 4-24-2017]
Performance Bond. The Purchasing Agent shall have the authority to require a performance bond in cash or otherwise for such amount that he/she may deem sufficient to secure the execution of the contract for furnishing goods or services for the best interests of the City.
Emergency Purchases. In case of an emergency which requires immediate purchase of supplies or services and time is of the essence, the Purchasing Agent shall be empowered to authorize the purchase or to secure the services needed without complying with the procedures as set forth in this Chapter. This Section shall also apply to any natural disaster or civil emergency requiring an immediate response on the part of the City. A full report in writing of the circumstances requiring an emergency purchase shall be filed by the Purchasing Agent with the City Council each time an emergency purchase is made.
Professional Services. The competitive bidding requirements of this Chapter shall not apply to professional services, and the requirements herein shall not be required in the employment of professional services, including but not limited to physicians, attorneys, engineers, certified public accountants or planners. The Purchasing Agent is authorized and encouraged, however, to require proposals from capable professionals within a required discipline, whenever time and/or circumstances warrant.
Cooperative Purchasing. This Chapter, and the requirements herein, shall not apply to purchases made through or with the State of Missouri or any other governmental jurisdiction which operate a cooperative procurement program and will allow the City to purchase goods or services that the jurisdiction has made available following the completion of its own internal purchasing procedures.
Subdividing Prohibited. No contract or purchase shall be subdivided to avoid the requirements of this Section.
[Ord. No. 19 §7, 9-1-1995]
Any purchase order or contract within the purview of this Chapter in which the Purchasing Agent or any officer or employee of the City is financially interested, directly or indirectly, shall be void, except that before the execution of a purchase order or contract, the City Council shall have the authority to waive compliance with this Section when it finds such action to be in the best interests of the City.
The Purchasing Agent and every officer and employee of the City shall not directly or indirectly solicit any gift or accept or receive any gift, whether in the form of money, services, loans, promises or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence them, or could reasonably be expected to influence them, in the performance of their official duties or was intended as a reward for any official action on their part.
[Ord. No. 19 §8, 9-1-1995; Ord. No. 1724 §3, 5-24-2010]
Inspections. The Purchasing Agent or qualified person designated by the Purchasing Agent shall inspect or cause the inspection of all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract therefor.
Tests. The Purchasing Agent shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformity with the specifications. In the performance of such tests, the Purchasing Agent shall have the authority to make use of any outside laboratory.
[Ord. No. 19 §9, 9-1-1995; Ord. No. 1724 §4, 5-24-2010]
Generally. All departments shall submit to the Purchasing Agent, at such time and in such form as the Purchasing Agent shall prescribe, reports showing stocks of all supplies which are no longer used or which have become obsolete, worn out or are recommended for disposal.
Transfers. The Purchasing Agent is hereby authorized to transfer surplus stock to other departments.
Sales. The Purchasing Agent is hereby authorized to sell all supplies having an estimated value of less than two thousand five hundred dollars ($2,500.00) which have become unsuitable for public use, or to exchange the same for, or trade in the same, on new supplies. Sales under this Subsection shall be made to the highest possible bidder.