Editor's Note — Delegation of procurement function —
Sections 50.660, 50.753, 50.757, 50.760, 50.770, RSMo.
Cross Reference — As to requirement of paid taxes prior to award of a bid or proposal, §135.040.
[Order No. 12-09-2003B §I, 12-9-2003]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Close out items or supplies under a total value or cost of
fifteen thousand dollars ($15,000.00).
[Ord. No. 23-0504, 12-11-2023]
Cooperative purchasing contracts are those contracts that
have been executed by Jefferson County, Missouri, with vendors who
have agreed to offer during the open bidding process the same pricing
to municipalities in Jefferson County, other Jefferson County area
government entities such as municipalities, school, fire, and ambulance
districts, etc., or any other governmental district and subdistrict.
[Ord. No. 14-0236 §§1 — 3, 5-12-2014]
The head of a department.
Elected office holder.
Procurement activities are the purchase, rent, lease or other
acquisition of supplies, materials, equipment, services, construction
and property. It includes all functions incident thereto and description
of requirements, selection and solicitation of sources, preparation
and award of contracts and all phases of contract administration and
the management.
Supplies, materials, equipment, property, contractual services,
construction including remodeling, the rental or lease of any property,
including the procurement thereof. This definition is used when applying
the procurement procedures contained herein. A purchase is one (1)
transaction, regardless of the number or type of items acquired or
ordered in that transaction.
Manager of contracts, grants and special projects or assistants
as appointed.
Any person or entity that provides, offers to provide or
bids to provide any supply, material, equipment, goods, property or
services to the County in return for consideration. This term shall
have the same meaning as "seller," "bidder" or "contractor" as may
be used in this policy.
[Order No. 12-09-2003B §II, 12-9-2003]
A.
Scope
And Purpose.
1.
The primary objective of this policy is to provide for fair and equitable
treatment of all persons involved in public purchasing. The procurement
of all materials, supplies, equipment and services for Jefferson County
shall be in accordance with applicable Statutes of the State of Missouri
and shall be accomplished in such a manner that the maximum value
will be obtained for the money expended. This policy also provides
guidance for grant applications, franchise agreements, reimbursement
and other contracts, in which the County serves as a pass-through
to provide funding to other agencies for the benefit of County residents.
Procedures outlined herein shall apply to all County funds.
2.
The acquisition of supplies, materials, equipment, services and construction
is centralized in the Department of Administrative Services. The Director
of Administration assigns the Purchasing Agent the responsibility
for the quality and quantity of purchases made. The guidelines governing
this responsibility are that purchases are within the framework of
budgetary limitations and are consistent with the approved goals and
programs of the County. This policy applies to every expenditure of
public funds by an office, department or division regardless of the
source of the funds.
3.
Procurement that involves the expenditure of Federal or State funds
shall be conducted in accordance with any applicable Federal or State
law or regulations promulgated thereunder. Nothing in this policy
shall prevent any office or department from complying with the terms
and conditions of any grant, gift, fee or bequest that is otherwise
consistent with law.
|
The American Bar Association Model Procurement Code for State
and Local Governments shall be used as an additional guide where this
policy does not specifically address the subject being considered.
|
B.
Source
And Extent Of Procurement Responsibility.
1.
Purchasing Agent. The Purchasing Agent or appointed assistants pursuant
to Missouri Revised Statutes shall have the responsibility for purchasing,
acquiring, leasing and renting goods and services for the County and
for the sale, disposition, leasing and renting of County surplus goods,
property or services. The Purchasing Agent is responsible for training
of necessary staff and for centralizing purchasing transactions so
that the utmost in efficiency and monetary savings can be secured
for the County.
2.
Central Purchasing. A central purchasing authority is responsible
for implementation of procurement policy, procedure and oversight.
This authority is with the Director of Administration who is responsible
for the management of procurement activities in accordance with this
policy and applicable laws or regulations. The Director of Administration
may adopt operational procedures relating to the execution of procurement
duties consistent with this policy.
3.
Authority To Purchase. The director or elected official may delegate
authority to make purchases to employees, when necessary, and the
dollar amount is not in excess of fifteen thousand dollars ($15,000.00).
This policy applies to persons delegated authority to Purchase under
this policy. The Purchasing Agent shall have the responsibility to
monitor the delegation of this authority.
[Ord. No. 23-0504, 12-11-2023]
|
Except as otherwise provided herein, it is improper for an employee
to purchase other than through the General Services Division. No employee,
other than the Purchasing Agent may represent to the public or a vendor
that they are a Purchasing Agent of the County.
|
|
Requisitions, purchase orders, invitations for bid, requests
for proposals and contracts may be canceled in whole or in part by
the Manager of Contracts and Grants at the request of the department
director or elected official when it is in the best interest of the
County and in accordance with this policy.
|
C.
Acquisition.
1.
The Purchasing Agent has the responsibility for the quality and quantity
of purchases made. The guidelines governing this responsibility are
that purchases are within the framework of budgetary limitations and
are consistent with the approved goals and programs of the County.
This policy applies to each expenditure of public funds by an office
or department regardless of the source of the funds.
2.
Procurement that involves the expenditure of Federal or State funds
shall be conducted in accordance with any applicable Federal or State
law or regulations promulgated thereunder. Nothing in this policy
shall prevent any office or department from complying with the terms
and conditions of any grant, gift, fee or bequest that is otherwise
consistent with law.
D.
Contracts
And Purchase Orders. The Purchasing Agent upon approval of the County
Council may execute and award contracts and purchase orders for the
County when funds are available to pay such obligation and the purchase
is in accordance with the policy. The Purchasing Agent upon approval
of the County Council may obligate the County with direct ordering.
Orders placed without an authorized purchase order, contract or purchases
made in violation of the policy are the individual's responsibility
and liability. Payment thereof is not the County's responsibility.
E.
Sureties/Bid
Bond. Security in the form of insurance certificates, bonds, letters
of credit, guarantees or deposits may be required by the director
or elected official when it is in the best interest of the County
to require such sureties.
F.
Invitation
For Bids. The Purchasing Agent shall issue all invitations for bid
and shall make recommendations for awards for purchases estimated
to exceed fifteen thousand dollars ($15,000.00).
[Ord. No. 23-0504, 12-11-2023]
G.
Documentation
Of Formal Bids. The Purchasing Agent shall document formal bids. Documentation
shall include:
1.
Bid prices.
2.
Justification of need for purchase.
3.
Description of budget item, accounting fund code (provided by the
requesting department), auditor certification, transfer fund requests.
4.
Written recommendations from the elected official or department director.
5.
Statement of justification for recommendation to award other than
low bid.
6.
County Counselor review.
7.
Approval by the County Council.
H.
Purchase
Quality. A quality standard shall be established ensuring economical
and efficient purchasing. Guidelines to ensure purchase quality are:
1.
Requested items must have a catalogue number or other identification
that provides a full description.
2.
A purchase is selected on the basis it meets the standard set forth
for its intended use.
3.
If a substitute is available, consideration may be given thereto
and, all things being equal, the most economical purchase shall be
made. Departments and offices may consider, review or test alternate
products when requested by the Purchasing Agent.
4.
Purchase economy and efficiency are the primary factors in award
determination.
I.
Purchase
Quantity.
[Ord. No. 23-0504, 12-11-2023]
1.
The quantity of units purchased is a function of need, shelf life,
storage space, storage space security, degree of standardization and
pricing affected by volume procurement.
2.
County warehouse space is limited. Volume purchases are limited to
one (1) point delivery to the General Services Division with immediate
distribution to the office or department or drop shipment directly
to the office or department. The requester shall prescribe delivery
point in bid specifications.
3.
Buy-out purchases of items or supplies under fifteen thousand dollars
($15,000.00) are permitted when, in the Purchasing Agent's judgment,
it is in the County's best interest.
4.
Expensive items should be maintained at a low stock level and purchased
as needed due to minimal secure storage space.
J.
Purchase
Scheduling. Procurement shall be scheduled to provide purchases without
undue delay in delivery and at reasonable cost, taking into consideration
current market conditions and when the purchase is required. It is
the responsibility of the office or department to timely initiate
the requisition process.
K.
Federal,
State And Cooperative Programs.
1.
All Statutes of the State of Missouri that apply to the procurement
of any materials, supplies, equipment, articles, services, including
architectural, engineering, construction, management, consulting,
maintenance and other similar professional services, banking and insurance,
shall be in effect as those Statutes apply to any First Class Charter
County.
2.
Cooperative procurement agreements, which have met the sealed bid
requirements as outlined herein, in which Jefferson County is eligible
to participate, shall be considered to have met all bid documentation
requirements. All Missouri State bid contracts qualify for this bid
documentation exemption; any other cooperative procurement agreement
must be documented in writing and approved by the County Council prior
to any Purchase being made through the agreement. The approval authority
for all normal purchases remains in effect.
3.
Notwithstanding all other provisions of Subsection (K) herein, Jefferson County's Contracts, Grants and Purchasing Division may participate in, sponsor, conduct, and/or administer a cooperative purchasing program, as defined herein, for the cooperative procurement of any goods or services with one (1) or more public entities within Jefferson County, Missouri. This shall be known as "cooperative purchasing." All bidders or vendors shall be notified of this program and shall have the option of participating in the program through a cooperative bid form which shall be included with all bids sent out by Jefferson County, Missouri. Jefferson County, Missouri, shall not be a party to any contract or agreement between other public entities and any vendor or successful bidder to which Jefferson County was an original party. Bidders and vendors shall not be required to participate in the program, and the election to participate cannot be a prerequisite for an awarded bid, but may only be used as a factor if tie bids are received.
[Ord. No. 14-0236 §§1 — 3, 5-12-2014]
L.
Standardization
Of Procedures. Purchasing procedures and administrative practices
developed from this policy shall be uniformly standardized, but sufficiently
flexible to care for isolated unique conditions. Items commonly used
in the various departments or units thereof shall be standardized
whenever consistent with County goals and in the interest of efficiency
and economy.
M.
Bidders'
Lists.
1.
All vendors who wish to conduct business with the County may contact
the Manager of Contracts and Grants who shall develop and maintain
lists of potential bidders for the various types of materials, equipment
and supplies. Such vendors/bidders lists shall be used in the development
of a mailing list for distribution of specifications and invitations
to bid. The Manager of Contracts and Grants has the authority to remove
from the mailing list for designated period of time those vendors
who default or are irresponsible on their quotations or bids.
2.
Departments and offices of the County are encouraged to direct potential
suppliers to the Manager of Contracts and Grants for inclusion in
the County's master bidders lists.
N.
Conflict
Of Interest.
1.
No employee of the County, whether elected or appointed, shall in
any manner whatsoever be interested in or receive any benefit from
the profits or emoluments of any contract, job, work, activity, function
or service for the County. No employee shall act or refrain from acting
in any capacity in which he/she is lawfully empowered to act as such
an official or employee by reason of any payment, offer to pay, promise
to pay or receipt of anything of actual pecuniary value, other than
compensation to be paid by the County. No employee shall accept any
service or thing of value, directly or indirectly, from any person,
firm or corporation having dealings with the County, upon more favorable
terms than those granted to the public generally. No employee shall
receive, directly or indirectly, any part of any fee, commission or
other compensation paid by or payable to the County or by any person
in connection with any dealings with the County or by any person in
connection with any dealings with or proceedings before any office,
department, board, commission or other agency of the County. No such
employee shall directly or indirectly be the broker or agent who procures
or receives any compensation in connection with the procurement of
any type.
2.
No employee shall use confidential information obtained in the course
of or by reason of his/her employment or official capacity in any
manner with intent to result in financial gain for himself/herself,
his/her spouse, his/her dependent child in his/her custody or any
business with which he/she is associated. No employee shall disclose
confidential information obtained in the course of or due to his/her
employment or official capacity in any manner with intent to result
in financial gain for himself/herself or any other person.
3.
The provisions of the Jefferson County Employment Policies shall
be broadly construed and strictly enforced for the purpose of preventing
County employees from securing any pecuniary advantages, however indirect,
from their public affiliations, other than their County compensation.
4.
Any employee of the County, who willfully conceals any such interest
or violates any of the provisions of the procurement policy or the
Jefferson County Employment Policies, shall be subject to disciplinary
actions. Any contract made in violation of the Procurement Policy
may be declared void by the County Council.
5.
All employees of the County shall be bound by all applicable laws
that pertain to conflicts of interest of such employees such as those
contained in the Revised Statutes of Missouri. No employee of the
County shall have a direct financial interest in any contract including,
but not limited to, the sale to the County of any land, materials,
supplies or services. Any indirect relationships must be disclosed
prior to execution of the contract.
6.
Acceptance of gifts other than advertising novelties for use at work
is prohibited at all times. Personnel must not become obligated to
any vendor and shall not conclude any transaction from which they
may personally benefit. Employees and officials of the County shall
be cautious to avoid situations in dealing with vendors or potential
vendors which may be construed as bribery. County purchasing personnel
and other employees and officials should be cautious to avoid situations
which may give rise to suspicion of their ethics.
O.
Competitive
Buying. Competitive bids will be solicited in connection with all
procurement whenever required and in other instances where price comparison
may be advantageous. Contracts will be awarded to the lowest responsible
bidder complying with specifications and with other stipulated bidding
conditions.
P.
Records.
Records of all purchases will be readily available and maintained
by the office of the County Clerk. All departments are encouraged
to keep copies of their purchase transactions as appropriate for their
own records.
Q.
Purchasing
Agent. The Purchasing Agent shall review all modifications to contracts
such as quantity changes, price changes and cancellations. Changes
to contracts will only be accomplished with a change order or by amendment
order approved by the County Council.
R.
Overdrafts
Prohibited. No purchase requisition shall be allowed to overdraft
a budgetary account. It is the responsibility of the requisitioner
to know that funds are available in the designated account before
a request for purchase is made.
[Order No. 12-09-2003B §III, 12-9-2003]
A.
Buying
Appropriate Quality.
1.
Quality and service are just as important as price. The requesting
department has the responsibility to order appropriate quality for
the purpose intended. Quality buying is the buying of materials, goods
or services that will fulfill but not exceed the requirements for
which the goods are intended.
B.
Forms
Of Specifications. A "specification" is defined as
an accurate, non-restrictive description of the material to be purchased.
Acceptable forms of specifications are set out below. Department heads
or staff should consult the Purchasing Agent if the form of specification
does not conform to one (1) of those set out below.
1.
Federal Specifications. These are issued by the General Services
Administration (The Federal Government Procurement Section) and cover
common-use items regularly used by all Federal agencies. They establish
the minimum standards of quality or performance, which are required
to meet the Federal Government's needs consistent with regularly available
commercial production.
2.
State/County Purchase Specifications. These are developed by the
elected official, department director or by technical personnel, chemists
and engineers or other qualified agency representatives in the various
County departments. They provide, as far as possible, for the purchase
of standard products rather than special manufacture.
3.
Qualified Products Or Acceptable Brands List. This list is developed
only where it is not possible to write specifications adequate to
the quality and performance required of the item or where the tests
necessary to determine compliance with the specification are lengthy,
costly and require complicated technical equipment or where currently
existing County products, technical equipment or other circumstances,
in the opinion of the Manager of Contracts and Grants, require such
acceptable brands for continuity and effective operation.
4.
Acceptable brand lists are used in lieu of the preparation of detailed
specifications in instances where the latter process is neither possible
nor practical. Among the considerations, which favor the development
of "acceptable brands lists," are the following:
a.
The difficulty of developing detailed specifications for products
manufactured by secret processes.
b.
The difficulty of developing detailed specifications in such manner
as to eliminate inferior products.
c.
The variability of designs, features or compositions of products
acceptable for a common end use purpose.
d.
The absence of adequate facilities or extreme costs or time involved
in testing against a detailed specification for compliance.
5.
Specific Brand Or Trade Name. This should be used where brand name
products have been found to be superior to others for the purpose
intended and when the construction, manufacture or type of service
is proprietary, unknown or patented. It establishes a quality standard,
but is not intended to limit or eliminate competition. This method
should be limited, insofar as possible, to open market purchases where
quantities are limited or when time does not permit the development
of one (1) of the other types of specifications mentioned.
6.
Specifications By Blueprint Of Dimension Sheet. Such specifications
are advisable for the purchase of custom-built cabinets, special furniture,
machines, construction of new facilities. Blueprints supply a safe
method of checking against specifications when material is received
and inspected.
7.
Specifications By Chemical Analysis Or Physical Properties. This
method is ideal for many materials since such can be checked accurately
by laboratory tests and other methods.
8.
Specifications By Description Of Material And Methods Of Manufacture.
This type of specification should be used rarely. Ordinarily, the
seller, if he/she knows the use for which the goods are intended,
is in a better position to determine the proper materials and method
of manufacture than the buyer. It should be used only for very special
requirements.
9.
Specifications By Performance Purpose Or Use. This type of specification
places the responsibility on the vendor to meet the buyer's requirements.
It is always advisable to obtain substantial competition when using
this type of specifications, since only one (1) bidder, being responsible
for results, may suggest a better but more expensive article than
is justified or required.
[Ord. No. 23-0504, 12-11-2023]
10.
Pre-Requisites Of Good Specifications.
a.
Product specifications should, when possible, be identified with
some specification already on the market. Special goods are expensive.
b.
Product specifications should be capable of being checked. The specifications
should describe the method of checking, which will govern acceptance
or rejection.
c.
Product specifications should, when possible, be capable of being
met by several bidders for the sake of competition.
d.
Product specifications should be flexible where possible and further,
where possible, invite vendors to suggest cost-saving alternates or
substitutes.
C.
Inspection
As A Check On Specifications. All specifications must be reasonably
checked by inspection of goods and services received. Inspection is
a responsibility of the requesting department, but the County Purchasing
Agent should be informed of inspection results to track vendors who
supply the most satisfactory goods and services.
[Ord. No. 23-0504, 12-11-2023]
D.
Transportation
Costs.
1.
Continuing increases in transportation costs have become an important
factor in evaluating vendor quotations. Higher transportation costs
plus time lost in transit could negate a lower price from a distant
vendor in favor of a higher price from a nearer vendor. The cost of
freight to destination must be included in any tabulation of prices
if a fair comparison is to be made.
2.
The County will allow both freight on board (FOB) terms, origin and
destination, although destination is preferred. There are two (2)
allowable methods for the County to reimburse the seller for freight:
a.
Prepaid And Added. This indicates that the seller will prepay the
transportation charges, but will add the charges to the invoice for
reimbursement from the buyer.
b.
Prepaid And Allowed. This means that the seller will prepay the transportation
charges and that they are already included in the contract price.
[Order No. 12-09-2003B §IV, 12-9-2003]
A.
The
Purchase Order. A purchase order is the formal offer to buy specified
commodities, materials, equipment or services and, upon acceptance
by the vendor, becomes a legal and binding contract obligating the
County. The purchase order can also serve as the acceptance document
if in response to a bid provided by the supplier. The approval of
purchase orders is the responsibility of the County Purchasing Agent.
The County Purchasing Agent legally obligates the County and 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 by County policy and procedures.
B.
Unauthorized
Purchases. No individual has the authority to enter into purchase
contracts or in any way to obligate the County for procurement indebtedness,
unless specifically authorized to do so by the County Council, policy,
procedure or by the County Purchasing Agent pursuant to his/her powers
under this policy and procedure. Any such purchase is an unauthorized
purchase and the obligation is classified as a personal expense. Firms
ordinarily doing business with the County are to be made aware of
this policy.
C.
Contract
Cancellations And Modifications. Mistakes in specifying the correct
product by the requisitioning department may be costly because of
restocking charges, freight two (2) ways and loss of vendor good will.
Requests for cancellations or modification of purchase orders should
be attempted to be made before shipping. The department should advise
the County Purchasing Agent of the reasons, referring to the purchase
order number and vendor.
D.
Change
orders, which increase the contract amount, shall require the same
level of approval as was required when the contract was originally
approved. The County Purchasing Agent shall notify the Director of
Administration and the office of the County Counselor when a contract
is cancelled or modified.
[Order No. 12-09-2003B §V, 12-9-2003]
A.
Review
Of The Requisition.
1.
Completed requisitions from offices shall be forwarded through the
department and/or division head or their designee. Approved requisitions
are forwarded subsequently to the County Purchasing Agent where they
are reviewed for accuracy of account numbers to be charged. The request
will flow through the appropriate approval levels in accordance with
the dollar levels established.
2.
If a requisition is not approved, the County Purchasing Agent will
return it to the originating department with explanations for disapproval.
B.
Request
For Blanket Purchase Orders. These purchase orders are not to be used
in place of a normal purchase order. Blanket purchase orders are issued
to individual vendors by the Purchasing Agent and are intended for
recurring, small dollar amount purchases not to exceed a total amount
of fifteen thousand dollars ($15,000.00) per department, per vendor,
for a period of ninety (90) days. Blanket purchase orders will only
be issued upon written request by an elected official or a department
director and with the approval of the County Purchasing Agent. If
a blanket purchase order exceeds the dollar amount of fifteen thousand
dollars ($15,000.00) within a ninety (90) day period, then regular
purchasing procedures will apply.
[Ord. No. 23-0504, 12-11-2023]
[Order No. 12-09-2003B §VI, 12-9-2003]
A.
Bidding
Requirements.
1.
Normal purchases. A purchase of less than two thousand dollars ($2,000.00)
shall not require a formal bidding process, however, the approving
authority must exercise due diligence to assure the best possible
price commensurate with the relative value of the product or service
to be acquired. A purchase of two thousand dollars ($2,000.00) to
less than fifteen thousand dollars ($15,000.00) shall require three
(3) written, facsimile or other printed electronic quotes to be submitted
to the Purchasing Manager for approval before purchasing. Written
documentation from a vendor shall include detailed specifications,
vendor name, address, telephone number, representative name, description
of item(s) if different than the item(s) specified, (including rationale
for accepting deviations) and total price including any shipping/delivery
and handling charges. Any deviation from the written document requirements
shall be justified in writing and submitted to the County Purchasing
Agent for approval before purchasing. It is the responsibility of
the requesting office, department or division to maintain all copies
of written documentation for a period of seven (7) years.
[Ord. No. 23-0504, 12-11-2023]
2.
A purchase of fifteen thousand dollars ($15,000.00) or more shall
require advertisement for sealed bids in conformance with policies
and procedures and Missouri State Statutes. Timetables for advertising,
opening and awarding of bids in this category shall be coordinated
with the Office of Contracts and Grants and the office of the County
Clerk. Awarding of bids in this category shall be based on criteria
established prior to the bid opening. In making a recommendation for
the awarding of the bid, the requisitioning official shall address
the pre-established criteria and summarize the evaluation process.
Pre-established criteria shall include:
[Ord. No. 23-0504, 12-11-2023]
a.
Cost;
b.
Professional qualifications/certifications;
c.
Bonding (if applicable);
d.
Compatibility with existing conditions (if applicable);
e.
Enhancements and warranties included at a reasonable or no additional
charge; and
f.
Specific requirements, capabilities and abilities included in the
bid specifications.
|
Pre-established criteria as well as specific criteria approved
for an individual bid shall be given relative weight at the time of
the issuance of the request for bids.
|
3.
In addition to the mandatory considerations, the residual benefits
to the Jefferson County economy may be considered where the purchase
has local source as a component in the purchase. In making purchases
the County may give preference to all commodities manufactured, mined,
produced or grown within Jefferson County and to all firms, corporations
or individuals doing business in Jefferson County. "Preference" shall be defined as products where quality is equal or better and
the difference in the delivered price is negligible.
4.
Bids are solicited from all interested and qualified suppliers and
preference for a local source must be provided and approved by the
County Purchasing Agent. A County procedure directs that products
manufactured in the United States be given preference if price, quality
and other considerations are equal. The County can also capitalize
on needs for special locally available emergency services.
5.
Any deviation from the sealed bid requirement shall be justified
in writing and submitted to the Office of Contracts and Grants for
review.
6.
On any purchase where the estimated expenditure shall be fifteen
thousand dollars ($15,000.00) or over, the Purchasing Agent shall:
[Ord. No. 23-0504, 12-11-2023]
a.
Advertise for bids in a newspaper of general circulation in the County
and may also advertise in such places as are most likely to reach
prospective bidders, if the Office of Contracts and Grants determines
that such additional advertisement is an efficient means to reach
such prospective bidders and, further, may advertise such information
through an electronic medium available to the general public at least
twenty-one (21) days before bids for such purchases are to be opened.
b.
Solicit bids by mail or other reasonable method generally available
to the public from prospective suppliers. All bids for such supplies
shall be mailed or delivered to the office of the County Clerk so
as to reach such office before the time set or opening bids.
c.
The contract shall be let to the lowest and best responsible bidder.
The Office of Contracts and Grants upon written recommendations from
the requesting elected official or department director shall have
the right to reject any or all bids that failed to meet required specifications
and advertise for new bids.
B.
Approval
Authority. No elected official or department head shall, during any
budget year, expend or contract to expend any money or incur any liability
or enter into any contract which by its terms involves the expenditures
of money, for any purpose, in excess of the amounts appropriated for
that general category of expenditures (i.e., salary, operating or
capital) in the budget, except that, as provided in the annual budget
ordinance, at any time during the fiscal year a department may within
its department transfer all or any part of any unencumbered line item
authorization to another category by making written request of the
County Council and Auditor approval on the consent agenda. No payment
shall be made or obligation incurred against any allotment or appropriation
except in accordance with appropriations duly made. Any contract,
verbal or written, made in violation of this or any provision outlined
herein shall be null and void.
C.
Emergency
Purchases.
1.
Emergency purchases shall be approved only in cases of compelling
urgency and gravity.
2.
Emergency purchases of less than fifteen thousand dollars ($15,000.00)
made without following the bidding requirements, as outlined herein,
must receive the prior approval of the Office of Contracts and Grants
who shall consult with the County Council.
[Ord. No. 23-0504, 12-11-2023]
3.
To qualify as an emergency, conditions (as defined herein) must exist
and create an immediate and serious need for equipment, supplies or
services which cannot be satisfied through normal procurement methods.
A situation shall not warrant an emergency purchase unless:
D.
Maintenance
Agreements.
1.
If the need for a maintenance agreement is anticipated at the time
of purchase, the cost associated with the agreement should be included
in the original specifications.
2.
If the need for a maintenance agreement was not anticipated at the
time of purchase or the original maintenance agreement has expired,
normal bidding requirements apply. The requesting department will
be responsible for budgeting for maintenance agreements.
E.
Professional
Services.
[Ord. No. 23-0504, 12-11-2023]
1.
Architects, Engineers And Land Surveyors. It shall be the policy
of the County pursuant to Sections 8.285, RSMo., et seq., to negotiate
contracts for architectural, engineering and land surveying services
on the basis of demonstrated competence and qualifications for the
type of services required and at a fair and reasonable price. The
County Council shall designate a selection committee for each project
to select the firm best qualified and to negotiate a satisfactory
contract with the firm selected.
2.
Attorneys, court reporters, litigation consultants, and experts engaged
by the County Counselor's Office for work for that Office on behalf
of the County, as well as closing and title insurance expenses ordered
through the County Counselor's Office, shall be exempt from competitive
purchasing requirements and procedures set forth in this Chapter .
3.
Other professional services and requests for qualifications/proposals
must follow normal bidding requirements. Any deviation must be justified
in writing and submitted to the Office of Contracts and Grants for
review and approval.
F.
Sole
Source Purchases.
[Ord. No. 23-0504, 12-11-2023]
1.
The term "sole source" refers to any purchase from
one (1) source only, allowing no substitutes, where the item or service
being purchased is sufficiently unique or existing County equipment
or technical requirements preclude the use of another similar item
or service from a different manufacturer, brand, or provider.
2.
Sole source purchases must be justified setting forth the specific
and valid reason(s) that will prevent any other vendor's item or service
from satisfying a valid requirement.
3.
The requesting department must provide notification to the Purchasing
Department. After conducting good faith review of available sources
and determining that there is only one (1) feasible source for the
required supply or service, the Purchasing Department will maintain
the review documentation for requests within the County or for external
auditors.
[Order No. 12-09-2003B §VII, 12-9-2003]
A.
Payment
Of Invoices. No invoice will be honored for payment until notice has
been provided that the goods or services have been inspected and found
to be in order and that the payments are in accordance with purchasing
procedures and budget restraints.
B.
Personal
Purchases For Employees. Personal purchases for employees by purchasing
personnel are prohibited. County employees are also prohibited from
using the County's name or the employee's position to obtain special
price or service consideration in personal purchases unless specified
as acceptable by the vendor.
C.
Endorsement
Of Commodities Or Vendors. It is County policy not to endorse or in
any way permit the employee's name, position or the County's name
to be used and advertised as supporting any product or vendor. This
does not restrict the issuance of letters to vendors noting satisfactory
or exceptional service or product, however, the correspondence must
clearly indicate that it is not for reprinting.
D.
General
Vendor Terms And Conditions. Vendors shall be current on all Jefferson
County taxes including property and sales taxes. Vendors may not be
awarded a contract unless they have all required permits and licenses
as required by Jefferson County including, but not limited to, licenses
for plumbing contractors and electrical contractors.
E.
Surplus
Property.
1.
If property, personal or real, is determined to be usable or surplus,
it may be transferred to another department within County Government
where it can be used. Notification in writing shall be submitted to
the auditor for fixed asset inventory purposes.
2.
The County Purchasing Agent is authorized to dispose of personal
property items with a value of twenty-five thousand dollars ($25,000.00)
or less, no longer needed by the County or determined to be obsolete
or surplus, at the most advantageous terms available. Any such disposal
shall be made only after notice to and approval by the County Council.
F.
Grants.
1.
The County encourages its department directors and elected officials
to seek out grants to accomplish the work of the County that would
otherwise have to be funded entirely by the County.
[Ord. No. 23-0504, 12-11-2023]
2.
All grant renewals shall be reviewed by the Manager of Contracts
and Grants and approved by the County Council.
G.
Reimbursement
Contracts. In instances in which the County serves as a pass-through
agent under Federal, State, municipal or private business grant requirements,
the County Council may approve the grant request. Pass-through grants
are those in which no more than administrative costs are payable to
the County from the grant and such administrative costs are not appropriated
to an agency, but are paid to the County General Fund.
