[R.O. 1997 § 145.010; Ord. No. 19 § 1, 9-1-1995; Ord. No. 1724 § 1, 5-24-2010]
A.
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.
1.
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.
2.
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.
3.
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:
a.
Minimum Expenditure. Act to procure
for the City the highest quality in supplies and contractual services
at the least expense to the City.
b.
Encourage Competition. Discourage
uniform bidding and endeavor to obtain as full and open competition
as possible on all purchases and sales.
c.
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.
d.
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.
e.
Forms. Prescribe and maintain such
forms as he/she shall find reasonable and necessary to the implementation
of these regulations.
f.
Bulk Purchases. Exploit the possibilities
of buying in bulk so as to take full advantage of discounts.
g.
Tax Exemptions. Act so as to procure
for the City all Federal, State and local tax exemptions to which
it is entitled.
h.
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.
[R.O. 1997 § 145.020; Ord. No. 19 § 2, 9-1-1995; Ord. No. 1724 § 2, 5-24-2010; Ord. No. 2256, 4-24-2017]
A.
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.
1.
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.
2.
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.
3.
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.
4.
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.
[R.O. 1997 § 145.030; Ord. No. 19 § 3, 9-1-1995]
A.
The Purchasing Agent and all parties contracting
with the City shall follow the procedure hereinafter set forth in
relation to all bids required above.
1.
All notices and solicitations of
bids shall state the time and place for opening.
2.
All bids shall be submitted sealed
to the City Official designed in the bid packet and shall be identified
as bids on the envelope.
3.
All bids shall be opened in public
at a time and place stated in the public notices.
4.
A tabulation of all bids received
shall be posted in the City Hall for public inspection.
5.
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.
[R.O. 1997 § 145.040; Ord. No. 19 § 4, 9-1-1995]
A.
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:
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 to provide the services promptly or within required time
periods without delay or interference.
3.
The quality of performance of previous
contracts or services.
4.
The previous and existing compliance
by the bidder with laws and ordinances of the City.
5.
The financial resources and the ability
of the bidder to perform the contract or provide the service.
6.
The quality, availability and adaptability
of the supplies or services.
[R.O. 1997 § 145.050; Ord. No. 19 § 5, 9-1-1995; Ord. No. 2256, 4-24-2017]
A.
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.
B.
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.
[R.O. 1997 § 145.060; Ord. No. 19 § 6, 9-1-1995]
A.
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]
B.
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.
C.
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.
D.
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.
E.
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.
F.
Subdividing Prohibited. No contract or
purchase shall be subdivided to avoid the requirements of this Section.
[R.O. 1997 § 145.070; Ord. No. 19 § 7, 9-1-1995]
A.
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.
B.
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.
[R.O. 1997 § 145.080; Ord. No. 19 § 8, 9-1-1995; Ord. No. 1724 § 3, 5-24-2010]
A.
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.
B.
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.
[R.O. 1997 § 145.090; Ord. No. 19 § 9, 9-1-1995; Ord. No. 1724 § 4, 5-24-2010]
A.
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.
B.
Transfers. The Purchasing Agent is hereby
authorized to transfer surplus stock to other departments.
C.
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.
