[Ord. No. 90-35 §1, 4-4-1990]
The purpose of this Article is to establish rules and procedures
governing the procurement of material, supplies, equipment, and services
for the City and to maintain a high ethical standard for all officers
and employees of the City in connection therewith.
[Ord. No. 90-35 §1, 4-4-1990]
The Administrative Assistant shall service as the Director of
Finance and Purchasing in accordance with the provisions of the City
Charter. This person shall procure for the City all materials, supplies,
equipment and contractual services needed by the City, in accordance
with the procedures prescribed by this Article or required by law.
[Ord. No. 90-35 §1, 4-4-1990]
A.
In addition to the purchasing authority conferred in Section 120.040, and in addition to any other powers and duties conferred by this or any other ordinance, the Director of Finance and Purchasing, with the concurrence of the Mayor, shall:
1.
Act to procure for the City the highest quality in supplies and contractual
services at the least expense to the City.
2.
Prepare and adopt written specifications for all supplies and services,
as required.
3.
Prescribe and maintain such rules and regulations and such forms
as are necessary for the operation of the purchasing function.
4.
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.
5.
Inspect or supervise the inspection of all deliveries with regard
to quantity, quality, and conformance to specifications.
6.
Pursue all appropriate claims against the suppliers, shipper or carrier.
[Ord. No. 90-35 §1, 4-4-1990]
Except as provided in this Article, no City Officer shall order
the purchase of supplies or make any contract within the purview of
this Chapter other than through the Director of Finance and Purchasing,
and any purchase ordered or contract made contrary to the provisions
hereof shall not be approved and the City shall not be bound thereby.
[Ord. No. 90-35 §1, 4-4-1990]
The Director of Finance and Purchasing and every other officer
and employee of the City are expressly prohibited from accepting,
directly or indirectly, from any person, company, firm, or corporation
to which any purchase or contract is or might be awarded, any rebate,
gift, money, or anything of value whatsoever. (Except where given
for the use and benefit of the City.)
[Ord. No. 90-35 §1, 4-4-1990]
A purchase order or contract shall be issued and become valid
only when countersigned by the Director of Finance and Purchasing,
who shall have previously determined that there is a sufficient unencumbered
balance in the account of the using department to find such purchase
order or contract. No such purchase order shall be issued or become
valid without current budget authorization.
[Ord. No. 99-60 §1, 8-4-1999; Ord. No. 01-54 §1, 9-19-2001]
A.
In accordance with the City Charter, Section 3.06(25) upon approval of the City Council, the Mayor as authorized under Section 2.05(G) of the Charter shall sign all instruments, contracts, agreements, leases, deeds, mortgages, bonds, and other instruments binding the City or conveying an interest or other rights of the City to any other corporation, association, entity, or person.
B.
In accordance with Section 120.080, Ordinance 90-35 of the Code of Ordinances, all contracts must be countersigned by the Director of Finance.
C.
The
Mayor is hereby authorized to approve and sign purchasing contracts
and agreements, to include but not limited to maintenance agreements
and equipment leases, when the cost to the City under such contracts
does not exceed ten thousand dollars ($10,000.00), which then must
be exceeded before City Council approval is required, and when said
contracts or agreements are included as line items in the annual budget.
[Ord. No. 90-35 §1, 4-4-1990; Ord. No. 93-18 §1, 3-17-1993; Ord. No. 01-54 §§2 — 4, 9-19-2001]
A.
When
the City negotiates any purchase, sale, or other contract, there shall
be provided ample opportunity for competitive bidding in the following
manner:
1.
If the consideration is not more than three thousand dollars ($3,000.00),
purchases shall be solicited in the most expedient manner with due
regard for competitive prices and quality.
2.
If the consideration is for more than three thousand dollars ($3,000.00),
but less than six thousand dollars ($6,000.00), at least three (3)
quotes shall be solicited by mail or telephone requests from at least
three (3) prospective vendors.
3.
If the consideration is for more than six thousand dollars ($6,000.00),
but less than ten thousand dollars ($10,000.00), at least three (3)
written quotes shall be obtained.
4.
All purchases of supplies and contractual services estimated to cost
in excess of ten thousand dollars ($10,000.00), which then must be
exceeded before City Council approval is required, shall be obtained
by a process of formal, written bids.
5.
Individual contracts or purchases shall not be subdivided for the
purpose of evading the requirement of competitive bidding. The procurement
of several items of the same type at substantially the same time is
a single purchase for the purpose of this Article.
B.
Notwithstanding
any of the provisions of paragraph (A) of this Section, the City may,
upon concurrence of a majority vote of the members of the City Council,
extend any contract for the purchase of goods or services without
utilizing the bidding procedures as herein described, when, in the
opinion of the City Council, such extension is deemed to be in the
best interest of the City. No contract shall be extended for a total
period, including all extensions, longer than the length of the original
contract.
[Ord. No. 90-35 §1, 4-4-1990]
A.
The notice required by the preceding Subsection 120.090 (4) shall consist of the following:
1.
Notice inviting bids shall be published once in at least one (1)
newspaper of general circulation in the City at least ten (10) days
preceding the last day set for the receipt of proposals. The newspaper
notices required shall include a general description of the articles
to be purchased or sold, shall state where bid blanks and specifications
may be secured, and the time and place for opening bids.
2.
The Director may also solicit bids by mailing copies of the specifications
and bidding document to three (3) prospective vendors by certified
mail, return receipt requested.
C.
In
order for bids to be considered, they must be received by the time
of the bid opening as set forth and stated in the Notice to Bid. Bids
received after that time shall not be accepted.
[Ord. No. 90-35 §1, 4-4-1990]
Formal written bids as required by Section 120.090 (4) shall be submitted sealed to the Director of Finance and Purchasing or to such other designated individual and shall be identified as bids with the bid opening date and time on the envelope. Bids must be marked with the date and time received and shall remain sealed. They shall be opened in public at the time and place stated in the public notices.
[Ord. No. 90-35 §1, 4-4-1990]
A.
The
City Council reserves the right to reject any or all bids and to award
the bid in the best interest of the City. The City may re-advertise
or re-solicit bids whenever it is deemed to be in the best interest
of the City. Contract shall be awarded to the lowest responsible bidder.
In determining the "lowest responsible bidder", in addition to price,
the following shall be considered:
1.
The ability, capacity and skill of the bidder to perform the contract
or provide the service required.
2.
Whether the bidder can perform the contract or provide the service
promptly, or within the time specified, without delay or interference.
3.
The character, integrity, reputation, judgment, experience and efficiency
of the bidder.
4.
The quality of performance of previous contracts or services.
5.
The previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service.
6.
The sufficiency of the financial resources and ability of the bidder
to perform the contract or provide the service.
7.
The quality, availability, and adaptability of supplies, or contractual
services to the particular use required.
8.
The ability of the bidder to provide future maintenance and service
for the use of the subject of the contract.
9.
The number and scope of conditions attached to the bid.
[Ord. No. 09-35 §1, 7-1-2009]
A.
In
making purchases or accepting bids, the City shall give preference
to:
1.
All entities or individuals which do business as Missouri entities
or individuals or which maintain a Missouri office or place of business
as compared to entities or individuals which do business as entities
or individuals of another State and which do not maintain an office
or place of business in Missouri, provided that the City determines
that the quality of performance of the Missouri entity or individual
is equal to or better than the quality of performance promised by
the non-Missouri entity or individual and that the price quoted by
the Missouri entity or individual, when viewed in its entirety, is
the same or less than that quoted by the non-Missouri entity or individual;
2.
All entities or individuals which maintain an office or place of
business in St. Louis County as compared to entities or individuals
which do not maintain an office or place of business in St. Louis
County, provided that the City determines that the quality of performance
of the entity or individual maintaining a St. Louis County office
is equal to or better than the quality of performance promised by
the non-St. Louis County entity or individual and that the price quoted
by the entity or individual maintaining an office in St. Louis County,
when viewed in its entirety, is the same or less than that quoted
by the non-St. Louis County entity or individual; and
3.
All entities or individuals which have an office or place of business
located in the City of Bridgeton and which have a current and valid
business license issued by the City of Bridgeton (to the extent required
by the ordinances of the City of Bridgeton) (each a "Bridgeton business")
as compared to entities or individuals who are not a Bridgeton business,
provided that the quality of performance promised by the Bridgeton
business is equal to or better than the quality of performance promised
by the non-Bridgeton business and the price quoted by the Bridgeton
business does not exceed the price quoted by the non-Bridgeton business
by more than the lesser of (x) ten percent (10%) or (y) five thousand
dollars ($5,000.00).
[Ord. No. 90-35 §1, 4-4-1990]
A.
It
is the policy of the City of Bridgeton, Missouri, to encourage the
purchase of products manufactured, or assembled or produced in the
United States.
B.
The
Mayor shall certify in writing pursuant to the Missouri Domestic Products
Procurement Act that the City of Bridgeton has adopted a formal written
policy to encourage the purchase of products manufactured, assembled
or produced in the United States.
C.
It
is the intent of the City Council that, by virtue of the adoption
of the policy stated in this Article, Section (3) of the Missouri
Domestic Products Procurement Act shall not apply to the City, pursuant
to the provisions of said Act.
[Ord. No. 90-35 §1, 4-4-1990]
The Director of Finance and Purchasing shall issue rules and
regulations regarding minor purchases with petty cash funds. Purchases
with these funds can be made without a purchase order directly from
the vendor and paid for from the departmental petty cash fund. Departments
may replenish petty cash at reasonable intervals.
[Ord. No. 90-35 §1, 4-4-1990]
In case of an emergency which requires immediate purchase of
supplies or contractual services when the immediate procurement of
such supplies is essential to prevent delays which might adversely
affect the health, welfare, or convenience of the citizens or cause
substantial disadvantage to the City, the Director of Finance and
Purchasing, with the concurrence of the Mayor, may authorize the purchase,
at the lowest obtainable price, of any supplies or contractual services
not in excess of ten thousand dollars ($10,000.00) without requiring
formal competitive bids. The City Council must approve negotiated
procurement of supplies and services of a value in excess of ten thousand
dollars ($10,000.00) when formal competitive bids are not obtained.
[Ord. No. 90-35 §1, 4-4-1990]
The Director of Finance and Purchasing shall have the authority
to join with other units of government in cooperative purchasing when
the best interest of the City would be served. The requirements of
this Article, therefore, relative to competitive bidding shall not
apply to purchases made through or with the State of Missouri or any
other governmental jurisdiction which operates 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.
[Ord. No. 90-35 §1, 4-4-1990; Ord. No. 01-54 §5, 9-19-2001]
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 Director of Finance and Purchasing 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),
which then must be exceeded before City Council approval is required.
[Ord. No. 90-35 §1, 4-4-1990]
When deemed necessary by the Director of Finance and Purchasing,
bid deposits may be required. Said deposits may be required to be
in the form of a certified check or bid bond and may be for an amount
not exceeding ten percent (10%) of the amount of the bid. When so
required, all bids not accompanied by such deposit shall be rejected.
Such bid deposit shall be returned to all bidders upon execution of
a contract with, or issuance of a purchase order to, the successful
bidder. A successful bidder shall forfeit his deposit if he fails
to enter into a contract within twenty (20) days after notification
of the acceptance of his bid.
[Ord. No. 90-35 §1, 4-4-1990]
The Director of Finance and Purchasing shall have the authority
to require a performance bond in cash or otherwise for such amount
that he may deem sufficient to secure the execution of the contract
for furnished goods or services for the best interests of the City.
[Ord. No. 90-35 §1, 4-4-1990; Ord. No. 01-54 §6, 9-19-2001]
The competitive bidding requirements of this Article 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, planners and land surveyors. The Director of Finance
and Purchasing is authorized to request proposals from capable professionals
within a required discipline. In securing professional services, it
is the primary goal of the City to obtain the services of a professional
who has a proven record of providing, in a professional way, those
services required. The Director of Finance and Purchasing shall make
a recommendation to the City Council for the procurement of professional
services when the fee for such services will exceed ten thousand dollars
($10,000.00), which then must be exceeded before City Council approval
is required. The City Council shall then approve or designate one
or more such persons or companies for negotiation. The Director of
Finance and Purchasing may approve professional service fees of ten
thousand dollars ($10,000.00) or less.
[Ord. No. 90-35 §1, 4-4-1990]
A.
All
using departments shall submit to the Director of Finance and Purchasing
reports showing stocks of all supplies, materials and equipment which
are no longer used or which have become obsolete, worn out or scrapped.
B.
The
Director of Finance and Purchasing shall have the authority to transfer
surplus supplies, materials and equipment to other using departments,
or he shall have the authority to exchange such personal property
on new supplies, materials, and equipment.
C.
Surplus,
unusable, or obsolete supplies, materials and equipment whose estimated
value is in excess of five thousand dollars ($5,000.00), shall be
sold by formal written bids or public auction to the best responsible
bidder, after due notice.
D.
Sales
of surplus, obsolete, or unusable personal property, valued at less
than five thousand dollars ($5,000.00) shall be made in the open market,
and in accordance with procedure set forth for open market purchases.
Sales of these items may also be made by public auction.
[Ord. No. 90-35 §1, 4-4-1990]
The Director of Finance and Purchasing is authorized to promulgate
such written regulations, forms, and procedures as may be necessary
for the implementation of this Article.
[Ord. No. 87-86, 9-2-1987; Ord. No. 87-104 §2, 10-21-1987]
A.
Records. The Police Department of the City shall keep true
and complete records of all weapons, intoxicating liquor, illegal
pharmaceuticals and other property of whatever kind or description
which comes into its possession during the course of its operations,
and such records shall contain a description of the item, the date
on which the department took possession, from whom taken or where
found, date of disposal, method of disposal, and to whom delivered
and the amount received for the sale thereof, if any.
B.
Destruction or Sale. When no other procedure for disposal
is provided by the laws of the State of Missouri, any such property
which has been in the possession of the Police Department for a period
of one (1) year and one (1) day without having been claimed by any
person entitled thereto shall be deemed to have been abandoned and
shall be forfeited to the City; and the Mayor and Chief of Police
are authorized to dispose of such property in the following manner:
1.
Property known and classified as weapons, including but not limited to knives, pistols, rifles, shotguns, clubs and chains, as well as any device used as a weapon during the commission of a crime or flourished or displayed as a weapon in a threatening manner toward any individual or group of persons, shall be confiscated by the Police Department and, in accordance with Subsection (B) of this Section shall be destroyed; except that, when in the judgment of the Chief of Police and the Administrative Assistant it is in the City's interest to do so, firearms may be converted to Police Department use or sold to a person or business entity possessing a valid Federal Firearms License, Class 01, Class 02, Class 07 or Class 08, to deal in firearms and ammunition.
2.
Firearms deemed saleable under this Section shall be inventoried
by the Chief of Police or his delegate. The inventory list will then
be filed under a Police complaint number and kept on file in the Police
Records Division and appropriate units within the Police Department.
A copy of said list will also be furnished to the Administrative Assistant
to the Mayor.
3.
The date, times and place for inspection of the firearms to be sold,
and the requirement so stated that only Federally licensed firearms
dealers may inquire, shall be advertised at least one (1) time in
a newspaper of general circulation in the City at least one (1) week
prior to said firearms being displayed for sale.
4.
For the purpose of obtaining sealed bids on said firearms, the firearms
may, depending on quantity and quality, be divided into lots.
5.
Firearms deemed saleable shall then be put on display in an appropriate
confined area within Police Headquarters during normal working hours.
6.
Bidders as qualified under Subsection (B)(1) of this Section shall, upon appearing and prior to viewing said firearms, furnish the Chief or his delegate proof of possession of a valid Federal Firearms License to deal in firearms and ammunition. The Chief of Police or his delegate will furnish the interested bidder with a copy of the inventory list of said firearms on display for sale and a copy of the ordinance from which this Section derives.
7.
Within three (3) consecutive working days from the date firearms
have been displayed for sale, the interested bidder shall submit a
sealed bid, accompanied by a copy of his/her current Federal Firearms
License, to the City Clerk's office. On the fourth (4th) consecutive
working day at 10:00 A.M. C.S.T., the City Clerk and Chief of Police
will open all sealed bids submitted. Based on the competitive bidding,
said firearms will be sold, in all or in part, to the highest qualified
bidder. The City reserves the right to reject bid proposals.
8.
Firearms deemed not suitable for use by the Police Department or
disposal by sale as outlined in this Section shall be destroyed. An
inventory list of such firearms falling into this classification shall
be compiled by the Chief of Police or his delegate and filed under
a Police Department complaint number and kept on file in the Police
Department Records Division and appropriate units within the Police
Department and also be filed with the Administrative Assistant to
the Mayor.
9.
Property known and classified as intoxicating or non-intoxicating
liquor shall be destroyed.
10.
All property commonly known as drugs of any type shall be destroyed.
11.
A listing of all other property shall be provided to all other City
Departments and agencies. Any property that can be effectively used
by any department may be given to that department with the approval
of the Chief of Police and the Administrative Assistant. The Administrative
Assistant shall determine priorities among the various departments
for transfer of property.
12.
All other property shall be sold at public auction, advertised at
least one (1) time in a newspaper of general circulation in the City
at least one (1) week prior to such auction. The Police Department
shall obtain from each person purchasing any item at such auction
a receipt for each item purchased, containing a description of the
item or items, the amount paid for each item and the name and address
of the purchaser.
C.
Proceeds of Sale. The proceeds from any sale provided for
in this Section shall go to the General Fund Account of the City of
Bridgeton, Missouri.
