[Ord. No. 070506 §1, 7-5-2006]
A.
This
policy provides guidelines to be followed in purchasing goods and
services for the City of Peculiar. The City Administrator shall be
responsible for enforcing this policy. These policies are intended
to promote increased efficiency, standardization of purchasing procedures
while obtaining supplies, equipment and services as economically as
possible.
B.
All
purchasing will demonstrate a reasonable and good faith effort to
obtain goods and services at the lowest possible cost with the optimum
quality needed. Competition among suppliers shall be encouraged.
C.
Accepting
gratuities in exchange for preferential treatment is strictly prohibited.
Any discounts, free merchandise or prizes given as the result of City
purchases become the property of the City.
D.
No
member of the Board of Aldermen of the City of Peculiar shall:
1.
Perform any service for the City or any agency of the City for any
consideration other than the compensation provided for the performance
of his/her official duties, except as provided in the following paragraphs.
2.
Sell, rent or lease any property to the City or any agency of the
City for consideration in excess of five hundred dollars ($500.00)
per transaction or five thousand dollars ($5,000.00) per annum, unless
the transaction is made pursuant to an award on a contract let or
sale made after public notice and, in the case of property other than
real property, competitive bidding, provided that the bid or offer
accepted is the lowest received.
3.
No sole proprietorship, partnership, joint venture or corporation
in which any member of the Board of Aldermen is the sole proprietor,
a partner having more than a ten percent (10%) partnership interest,
or a coparticipant or owner in excess of ten percent (10%) of the
outstanding shares of any class of stock shall:
a.
Perform any service for the City of Peculiar or any agency of the
City of Peculiar for any consideration in excess of five hundred dollars
($500.00) per transaction or five thousand dollars ($5,000.00) per
annum, unless the transaction is made pursuant to an award of contract
let after public notice and competitive bidding, provided that the
bid or offer accepted is the lowest received.
b.
Sell, rent or lease any property to the City of Peculiar or any agency
of the City where the consideration is in excess of five hundred dollars
($500.00) per transaction or five thousand dollars ($5,000.00) per
annum, unless the transaction is made pursuant to an award on a contract
let or sale made after public notice and, in the case of property
other than real property, competitive bidding, provided that the bid
or offer accepted is the lowest received.
c.
The City Council sets goals, priorities and standards for City programs
and services through adoption of the annual budget. The budget establishes
expenditure levels for each department. No further Council action
is required to initiate purchases within the budget limits.
d.
Department heads are granted full responsibility and broad discretion
by the City Administrator to make purchases within the scope of their
departmental appropriations. Budget appropriations do not mandate
expenditures. Purchases are to be mandated by need, not an unspent
budget appropriation. The City Administrator may establish spending
levels below those budgeted if revenue collections are inadequate
to fulfill budgetary needs. Expenditures in excess of the appropriated
personnel services element require written approval of the Mayor.
E.
Notwithstanding any requirements or provisions arising from Federal or State law, the Board of Aldermen may, by motion and affirmative vote of a majority of its members, suspend and waive any and all provisions and requirements imposed by Sections 140.020 through 140.110. Such motion shall clearly state the provisions and requirements to be suspended and waived, and either the duration of the suspension and waiver or the particular purchases for which the suspension and waiver applies.
[Ord. No. 04152019, 4-15-2019]
F.
The
City shall endeavor to require all vendors to provide certificates
of insurance and/or bonds such that the City is satisfied that it
shall not be exposed to unwarranted or unnecessary liability arising
from its purchases and contracts.
[Ord. No. 04152019, 4-15-2019]
[Ord. No. 070506 §1, 7-5-2006; Ord. No. 020607A §1, 2-6-2007]
A.
Goods
and services purchased by the City shall be purchased from merchants
and businessmen located in the City of Peculiar or Cass County, unless:
1.
Such goods of like quality and services are not available in the
City or County, or
2.
The cost of such goods and services plus shipping and handling
may be purchased outside the City or County if the savings are greater
than five percent (5%).
[Ord. No. 10062014A §I, 10-6-2014]
3.
An emergency exists and such goods or services are not immediately
available in the City.
4.
State/Federal requirements are such to require lowest bid.
[Ord. No. 070506 §1, 7-5-2006; Ord. No. 10062014A §III, 10-6-2014; Ord.
No. 04152019, 4-15-2019]
Items in this range may be purchased by City departments, and
the department head shall then forward the invoice with proper coding
and approval to the Business Office Manager for payment. Department
heads must approve purchase, and funds must be available in the budget.
Department heads and the Business Office Manager must approve the
purchase order. All City employees shall perform reasonable due diligence
to ensure that all products and services required by the City are
purchased at reasonable costs, but purchases made pursuant to this
Section shall not require a specified number of bids or quotes.
[Ord. No. 070506 §1, 7-5-2006; Ord. No. 10062014A §IV, 10-6-2014; Ord.
No. 04152019, 4-15-2019]
The department head, Business Office Manager and City Administrator
must approve the purchase prior to order, and funds must be available
in the budget. Competitive quotations, unless the City Administrator
determines that they should not be required, shall be solicited in
writing or by telephone from at least three (3) vendors. Failure of
a vendor to respond to a solicitation shall not invalidate a legitimate
solicitation by the City in calculating solicitations made. If the
City Administrator determines that competitive quotations should not
be required, the City Administrator shall document the reason giving
rise to that determination. Acceptable reasons for not soliciting
competitive bids include, but are not limited to, replacement of like
for like products or services when the approximate cost is within
the reasonable range of industry standard, availability of products
or services through a qualified current or previous vendor, and the
cost-benefit analysis of expediency in procurement relative to the
cost of the products or services to be procured. Quote information
received and solicitation attempts made will be tabulated and made
part of the invoice records.
[Ord. No. 070506 §1, 7-5-2006; Ord. No. 10062014A §V, 10-6-2014; Ord.
No. 04152019, 4-15-2019]
The department head, Business Office Manager and City Administrator
must approve the purchase prior to order, and funds must be available
in the budget. Competitive quotations are required and shall be obtained
in writing or by telephone from at least three (3) vendors. If the
City has not received three (3) competitive quotations for a given
product or service after good faith solicitations for competitive
quotations are made to as least ten ( 10) prospective vendors or good
faith advertisement of a request for proposals, the City may proceed
with the purchase despite receiving fewer than three (3) quotations.
Quote information received and solicitation attempts made will be
tabulated and made part of the invoice records.
[Ord. No. 070506 §1, 7-5-2006; Ord. No. 10062014A §VI, 10-6-2014; Ord.
No. 04152019, 4-15-2019]
A.
The award of contracts and purchases over ten thousand one dollars
($10,001.00) must be approved by the Board of Aldermen, unless such
contract or purchase is already approved in the adopted budget for
the current fiscal year. The City Administrator shall notify the Board
of Aldermen of all contracts or purchases that meet these criteria
monthly. In all cases, funds must be available in the budget, or necessary
budget amendments must be presented in conjunction with approval of
purchase.
B.
The
following procedures apply to Level 4 purchases:
1.
Written notification to current supplier/vendor if services are being
solicited.
2.
Bid notice to businesses on the established bid list for the service
or goods being solicited.
4.
Bid solicitations shall state whether the request is for sealed bids
or competitive proposals.
5.
A specific due date and time shall be provided. Any bids/proposals
received after such date and time will not be accepted.
6.
All bids must be received sealed and upon receipt shall be date and
time stamped and initialed by City staff.
7.
All bids will be publicly opened with at least two (2) City staff
members present.
8.
If only one (1) bid is received, the bid tabulation shall be duly
noted, the sole bid returned unopened to the offering company and
the solicitation accomplished again. If, at the second solicitation
only one (1) bid is received, the unopened single bid shall be presented
to the Board of Aldermen. After reviewing the previous solicitations,
including advertising and attempts to obtain multiple bids, the Aldermen
shall make a decision of whether the single bid presented shall be
thereupon publicly opened, duly considered and a decision made to
accept the bid as being in the best interest of the City.
C.
As
a requirement to be considered for selection, all Level 4 bids shall
include the following:
1.
As applicable by State or Federal regulations, the current prevailing
wage determination shall be included in the bid documents, whether
prepared by City staff or a consultant and notation made of the wage
determination' s applicability to the project.
2.
A bid bond for five percent (5%) of the base bid must be included
with the bid.
3.
A one hundred percent ( 100%) payment and performance bond shall
be provided with the signed contract.
4.
Proof of general liability insurance in the amount of two million
dollars (2,000,000.00) and workers' compensation as required shall
be provided. The City of Peculiar shall be named as an "other insured"
on the binder.
[Ord. No. 070506 §1, 7-5-2006]
A.
The
Board acknowledges there are occasions when products/services must
be purchased from one (1) specific source or manufacturer. If a request
is made to purchase a product produced by only one (1) supplier, yet
several sources can provide a similar product, the request will be
subject to the normal bid process. Should a request that products/services
be purchased on a sole source basis, it must meet one (1) of the criteria
shown below. A written explanation must be provided, commonly referred
to as a "sole source justification", to support the request. The four
(4) most commonly accepted sole source justifications are outlined
below. Such justifications have been accepted with proper supporting
documentation.
1.
The requested product is an integral part or accessory to existing
equipment.
2.
The service requested is for existing equipment which can only be
completed by the original manufacturer or manufacturer's designated
service provider.
3.
The requested product or service has unique design, performance and/or
quality specifications that are essential to a particular function
and are not available in comparable products.
4.
The requested service or system requires a supplier with unique skills
or experience.
B.
In
rare cases, only one (1) supplier may exist to provide a particular
product or service. When providing a justification based on the availability
of one (1) supplier, the product or service must be defined in generic
terms. Specifying patented products or processes, when not necessary
to meet functional requirements, is not acceptable as a sole source
justification. Justifications can be accepted more readily by providing
information regarding attempts to locate other suppliers, such as
letters, informal quotations or telephone contacts.
[Ord. No. 04152019, 4-15-2019]
The City shall give preference to opportunities for procurement
where the City can utilize:
[Ord. No. 070506 §1, 7-5-2006]
A.
Notwithstanding
any other provision of this Chapter, in the case of an apparent emergency
which threatens the public health, welfare or safety, requiring the
immediate purchase of a supply, service or construction, the City
Administrator shall have the power to secure the necessary items in
the open market, without competition, regardless of the amount of
the expenditure.
B.
In
no event shall the contract price exceed commercially reasonable prices.
[Ord. No. 070506 §1, 7-5-2006; Ord. No. 04152019, 4-15-2019]
In any case where the City has awarded a contract, pursuant to receipt of competitive bids, for the procurement of any supply, service, or construction on a unit-price basis, the City Administrator may negotiate with the successful bidder for the purchase of additional quantities of the supply, units of service, or construction. In no instance shall the unit price of the additional quantities of supply, units of service, or construction procured in accordance with this Section 140. 090 exceed the effective unit price of the original contract by more than fifteen percent (15%). The agreement for additional quantities of the supply, units of service, or construction shall be incorporated into the original contract by addendum. Any addendum entered into pursuant to this Section 140.090 for the purchase of additional quantities of supply, units of service, or construction valued at greater than ten thousand one dollars ($10,001.00) shall be approved by the Board of Aldermen, unless such purchase is already approved in the adopted budget for the current fiscal year.
[Ord. No. 070506 §1, 7-5-2006]
A.
In
an effort to improve the City's purchasing procedures in a cost effective
manner and to be as inclusive to the business community in the City
of Peculiar and Cass County, the City will implement the following
practices:
1.
Once each year, during January, the Senior Accountant — A/P
will advertise the "public notice", a copy of which is on file in
the City offices.
2.
Notice will also be sent to all persons along with "occupational
license" renewal applications similar to the "public notice".
3.
The Senior Accountant will accumulate this data and make it available
to other departments whenever bids are taken.
4.
Vendor inquiries received during the course of the year will be added
to the appropriate vendor list.
[Ord. No. 070506 §1, 7-5-2006; Ord. No. 11192012 §I, 11-19-2012]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Actual billing received from the vendor. Invoices must indicate
the following to be processed for payment:
Account coding/project number/transaction types, if applicable.
Invoice number.
Invoice total.
Purchase order number (if previously encumbered).
Description of purchase.
Department head approval.
|
After completing the above, the invoice will be forwarded to
the Senior Accountant for payment. The Accountant's office will match
invoices to purchase orders for proper documentation.
|
Pre-printed three (3) part form used to indicate that a financial
obligation exists. It must be completed by the Purchasing Department
who keeps one (1) copy and forwards remaining copies to Senior Accountant.
In an effort to improve purchasing practices between the
City of Peculiar and its local businesses, the City is seeking input
from all businesses who would like the opportunity to bid on City
services. If interested, please notify the City in writing at:
|
City of Peculiar
| |
|
Purchasing — Vendors List
| |
|
250 South Main Street
| |
|
Peculiar, MO 64078
| |
|
At a minimum, please include the following information: business
name, contact name, mailing address, phone number, list of services/goods
you wish to bid on.
| |
|
If this information has already been provided to the City, there
is no need to respond again. You will be contacted the next time bids
are taken.
| |
