[Ord. No. 16-030 §2, 5-9-2016]
A.
The issuance of a purchase order in acceptance of a vendor's
quotation or bid, or alternatively a purchase order and the vendor's
acceptance thereof, shall together constitute a contract between the
County and the vendor, provided however that this method of contracting
shall only be used for straightforward purchases such as commodities,
materials, or equipment wherein the purchase order adequately memorializes
the product or services to be provided and the compensation to be
paid by the County therefor.
B.
The issuance of purchase orders is the responsibility of the Department
of Finance. The County will not recognize purchases executed by unauthorized
individuals, and payment of these obligations will not be approved.
Purchases of this nature are illegal under County ordinance and applicable
Missouri law.
[Ord. No. 16-030 §2, 5-9-2016]
A.
Except as set forth in Section 135.410, a separate written contract shall be required for purchases made pursuant to an IFB, RFQ, RFP, or for any other purchase for which the applicable terms for the product or services to be provided, or the compensation to be paid by the County must be set out in more detail in a separate contract. All such contracts for purchases shall:
1.
Incorporate by reference the applicable IFB/RFQ/RFP issued by
the County and any addenda; the vendor's response thereto (if
applicable); and the agreed-upon specifications, pricing, and any
other material agreements or deliverables related to the purchase;
2.
Require the vendor to retain records related to the contract,
for inspection and audit by the County Auditor, for a period of three
(3) years unless permission to destroy them sooner is granted by the
County, or for such longer period as may be required by law;
3.
Bear the certification of the Director of Finance, as the County's
accounting officer, in accordance with Section 50.660, RSMo.; and
B.
The authority of the County to enter into certain contractual obligations
is restricted as follows.
1.
Any contractual provision purporting to obligate the County
to pay any vendor's attorney's fees, in whole or in part,
shall be void unless approved in writing by the Director of Administration
and Director of Finance.
2.
Any contractual provision purporting to obligate the County
to indemnify any vendor, in whole or in part, shall be void to the
extent that the amount of such indemnification exceeds the County's
applicable insurance coverage or specifically appropriated funds,
whichever is greater.
C.
Upon approval as provided for in Section 135.360, any separate written County contract shall require execution by the County Executive in order to be binding on the County, except that:
1.
For contract amounts of at least fifteen thousand dollars ($15,000.00)
but less than fifty thousand dollars ($50,000.00), the Director of
Administration or designee may execute the contract, and
2.
For contract amounts less than fifteen thousand dollars ($15,000.00),
the department director/elected official may execute the contract.
[Ord. No. 16-030 §2, 5-9-2016]
A.
It is the general policy of the County to avoid mistakes in specifications
and contracts because correcting such mistakes may be costly to the
County and/or the vendor in restocking charges, freight two (2) ways,
and loss of vendor goodwill. Where cancellation, modification, or
amendment of a contract must be made, every attempt should be made
to do so before shipment.
B.
To request a cancellation of, modification of, or amendment to a
contract, the requisitioning department should advise the Purchasing
Manager of the reasons, referring to the vendor and purchase order
if one was utilized.
C.
Contract Amendments. Unless otherwise established at the time the purchase was originally approved, contractual amendments, commonly referred to as "change orders," shall be approved pursuant to Section 135.360, unless the cumulative increase in the original contract price is less than ten percent (10%), in which case the contract amendment may be approved by the following:
1.
Director of Finance if the original contract amount was less
than fifteen thousand dollars ($15,000.00);
2.
Director of Administration if the original contract amount was
at least fifteen thousand dollars ($15,000.00) but less than fifty
thousand dollars ($50,000.00); or
3.
County Executive if the original contract amount was at least
fifty thousand dollars ($50,000.00) and the cumulative increase is
not more than fifty thousand dollars ($50,000.00).
D.
If a purchase order was used in the purchase, the Purchasing Manager
shall execute any necessary modification to the purchase order after
such modifications have been approved as provided for herein.
[Ord. No. 16-030 §2, 5-9-2016]
A.
Vendors shall be authorized to do business in the State of Missouri.
B.
Vendors shall be current on all St. Charles County taxes including
property and sales taxes.
C.
Vendors may not be awarded a contract unless they have all required
permits and licenses as required by St. Charles County, including
but not limited to licenses for HVACR contractors, plumbing contractors,
and electrical contractors.
