[Ord. No. 2351 §1, 12-6-2010]
This policy represents a commitment to local businesses in the City of St. Robert by seeking to source goods and services from local suppliers, merchants or vendors to the greatest extent possible. The objective of this policy is to stimulate economic activity and growth by maximizing the use of local businesses to solicit competitive pricing in supplying materials, supplies, goods, and services that would be purchased on behalf of the City of St. Robert.
[Ord. No. 2351 §1, 12-6-2010]
The City of St. Robert hereby adopts a local purchasing preference as set forth in this policy. The City Administrator, or his or her designee, is authorized to amend the City's purchasing policy to include the provisions set forth in this Chapter. The intent of this policy is to support local business to the greatest extent possible, and bolster the continued sustainment of employment opportunities.
[Ord. No. 2351 §1, 12-6-2010]
A. 
A. "Local" is defined as a business operating within the corporate limits of the City of St. Robert with the majority of its primary business operations occurring within the City limits. To be considered, a local business entity must comply with all of the following requirements:
1. 
The business entity must have a valid and current business license issued by the City of St. Robert; and
2. 
The business entity must have established a permanent place of business within the City limits of St. Robert at least six (6) months prior to the submittal of a bid; and
3. 
The place of business must be a location whose principal use is for business purposes, shall not be a post office box, and shall not be within or part of a residential location including, but not limited to, a home, residence, hotel or motel; and
4. 
The business entity shall not have any outstanding utility bills, taxes, liens, fines or unsatisfied final judgments with the City of St. Robert.
B. 
A "local" business entity shall not include the following:
1. 
Those businesses with only a local St. Robert post office box with physical business location within the City limits; or
2. 
Those businesses with a sales presence in the City, but with no physical business location within the City limits; or
3. 
Home-based businesses that merely take orders for products shipped from out-of-town to their customers.
C. 
"Non-Local" is defined as a business that does not operate or maintain a business license within the corporate limits of the City of St. Robert.
D. 
Notwithstanding the foregoing, the local bidder must otherwise meet any other qualifications and procurement policy requirements set forth by the City.
[Ord. No. 2351 §1, 12-6-2010]
A. 
City staff shall attempt to verify whether the business entity meets the definition of a "local business entity" set forth in this policy. If City staff cannot conclusively verify that the business entity is a local business entity as defined in this policy, the preference shall not apply.
B. 
Local businesses are required to maintain a valid business license in accordance with the provisions of Chapter 615 of the St. Robert Municipal Code.
C. 
If investigations by City prove that false declarations were made and the business should not be considered a "local business" then the guidelines of this policy will not apply, and that business will not be able to supply goods, materials and/or services to St. Robert City for a period of twelve (12) months.
[Ord. No. 2351 §1, 12-6-2010]
A. 
Local businesses shall receive first opportunity and consideration when bids are solicited for the purchase of goods, materials, supplies, or services that can be acquired locally on behalf of the City.
B. 
When circumstances dictate that the purchase of goods, materials, supplies or services for the City of St. Robert require solicitations from non-local businesses, then the following guidelines shall be used when giving consideration to local business preference on bid proposals:
1. 
A bid proposal from a local business entity on City purchases of a value up to five thousand dollars ($5,000.00) that is no more than ten percent (10%) over the lowest bid proposal of a non-local business, then the local business entity may be given preference if they agree to match the lowest non-local bid submitted; or
2. 
A bid proposal from a local business entity on City purchases of a value between five thousand one dollars ($5,001.00) and twenty-five thousand dollars ($25,000.00) that is no more than five percent (5%) over the lowest bid proposal from a non-local business, then the local business entity may be given preference if they agree to match the lowest non-local bid submitted; or
3. 
A bid proposal from a local business entity on City purchases of a value between twenty-five thousand one dollars ($25,001.00) and eighty thousand dollars ($80,000.00) that is no more than two and one-half percent (2.5%) over the lowest bid proposal from a non-local business, then the local business entity may be given preference if they agree to match the lowest non-local bid submitted.
C. 
The following factors will be considered when evaluating all bid proposals submitted to the City for the purchase of goods, materials, supplies, or services:
1. 
Lowest price and best value; and
2. 
Quality of product; and
3. 
Quality of service and warranty; and
4. 
Timeliness of service and delivery.
[Ord. No. 2351 §1, 12-6-2010]
A. 
To achieve the best possible competitive pricing of purchases for the City, a minimum of three (3) bids shall be solicited for all purchases in excess of one thousand dollars ($1,000.00).
B. 
Any local preference awarded by the Governing Body of the City of St. Robert pursuant to this policy shall not apply to bid proposals greater than eighty thousand dollars ($80,000.00).
C. 
In those instances in which no local business entity can provide the materials, supplies, goods or services that the City of St. Robert requires, the local preference shall not apply to businesses outside the corporate City limits of St. Robert.
D. 
The local preference shall not apply to bids in which Federal grant funds or other State grant funds are used that prohibit the application of the preference.
E. 
The local preference shall not apply to public works projects requiring the construction or reconstruction of any sidewalk, curb, gutter, bridge, asphalt pavement, sewer, water, waste water treatment, or any other public improvement of any street, highway, public grounds, or public building or facility, or any other kind of public works project commenced or contracted by the Governing Body.
F. 
The local preference shall not apply to cooperative purchasing agreements or contracts in which the City participates. These agreements or contracts may be subject to review by the Governing Body.
G. 
Bid solicitations may be taken by public notice in a newspaper having daily circulation in the City, by written request, or by telephone solicitation. All bids shall be submitted on the forms developed by the City Administrator, or his/her designated representative.
[Ord. No. 2351 §1, 12-6-2010]
A. 
Certain funding appropriations are set out in the annual St. Robert budget for each department in the City. There are three (3) specific categories that are governed under the provisions of this purchasing policy:
1. 
Capital expenditures. Budgetary appropriations that fund operational costs that include, but are not limited to, furniture, office equipment, computers and printers, computer software, heavy equipment, vehicles, and tool expenditures.
2. 
Materials and supplies. Budgetary appropriations that fund the purchase of materials and supplies that support the day-to-day operations of the City. Funds allocated for these budgeted expenditures generally support the purchase of those materials necessary for utility infrastructure repairs and street maintenance costs.
3. 
Discretionary funds. Budgetary allocations that are used to fund additional administrative operational costs. Funds appropriated in this category include, but are not limited to, general office supplies, uniforms, training, vehicle maintenance, building maintenance services, and engineering and legal expenses.
B. 
Budget appropriations for capital improvement expenditures shall not apply under the provisions of this policy.
[Ord. No. 2351 §1, 12-6-2010]
A. 
All matters pertaining to the procurement of services, goods, supplies and materials for the City shall be initiated through the various Department Heads, with final procurement being initiated by the City Supply Technician. Final payment of invoices will be made by the City Accounts Payable Clerk under the supervision of the City Finance Officer.
B. 
Special Procurement Requirements. The City shall comply with any special procurement requirements mandated by Federal, State, County or other granting or funding authorities, provided such requirements achieve the minimum standards established by this policy and other applicable Sections of the Code of Ordinances, which will include cost and price analysis for every United States Department of Transportation procurement, including contract modifications.
[Ord. No. 2351 §1, 12-6-2010]
A. 
Supply Technician shall be responsible for the following duties and functions with assistance provided by the Finance Officer as necessary:
1. 
To initiate the purchase or contract for purchases of all stocked goods, supplies and materials needed by the City.
2. 
To procure for the City, the highest quality in goods, supplies and materials commensurate with requirements at the least expense to the City.
3. 
Encourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
4. 
Prescribe and maintain such forms as are reasonable and necessary upon approval of the City Administrator.
5. 
The City Administrator, or his/her designated representative, shall formulate the policies and procedures in connection with the purchasing activities of the City.
B. 
Department Head shall be responsible to oversee all department expenditures and strictly adhere to budgetary appropriation limitations to prevent deficit spending. Department Heads shall be asked to:
1. 
Scrutinize and approve all departmental budgetary expenditures that they are responsible for.
2. 
Purchase the best valued materials/services for the purpose intended.
3. 
Practice economy in the use of materials, supplies and equipment.
4. 
Maintain equipment in a safe, serviceable and operational condition.
5. 
Plan future purchases to provide ample time to secure favorable polices.
6. 
Insure compliance by employees with purchasing regulations and procedures.
7. 
Advise the Supply Technician of supplies and services required for operations.
8. 
Combine like purchases and/or vendors within the same purchase order form.
C. 
City Administrator is charged with overall oversight of the City budget, department expenditures and purchasing policies approved by the Mayor and Board of Alderman.
[Ord. No. 2351 §1, 12-6-2010]
A. 
Request For Quotation. Normally, requests for quotations will be obtained in writing from vendors on a form supplied by the Supply Technician. The request for quotation form will show the following information:
1. 
Time and date quotations to be received.
2. 
Quantity and description of item desired.
3. 
Delivery point and date desired.
B. 
Quotations may be solicited by telephone. Telephone quotations shall be recorded on the appropriate form showing date, vendors called, names of persons submitting quotations, unit prices, terms and signature of person soliciting the quotes. Quotations from three (3) vendors are usually sufficient to establish competition. Written confirmation of all telephone proposals is required. Failure to confirm the unit price may cause the proposal to be rejected.
C. 
Quotation Or Bid Summary. Upon the return of the bid proposals or requests for quotations from the vendors, the Supply Technician will summarize the prices offered on a bid or quotation summary sheet and recommend to the City Administrator, the vendor to be chosen.
D. 
Purchase Order. The purchase order form will be used for all purchases. Documentation will be processed as follows:
1. 
The original signed purchase order form will be filed with City Accounts Payable Clerk, and
2. 
One (1) copy will be forwarded to the vendor/supplier, if requested, and
3. 
One (1) copy will be retained in the office of the Supply Technician, and
4. 
One (1) copy will be returned to the Department Head.
E. 
Transportation Charges. All orders to suppliers will specify that transportation charges be prepaid by the supplier to point of delivery.
[Ord. No. 2351 §1, 12-6-2010]
A. 
Parts and supplies for the repair and maintenance of automotive and mechanical equipment maintained by the Mechanic Department will be purchased by the Mechanic Supervisor, subject to approval by his/her Department Head.
1. 
Local purchases. The Mechanic Supervisor will purchase necessary parts and supplies for repair of equipment through the above listed purchase order procedures.
2. 
Shop tools and major supplies. The purchase of shop tools and major supplies costing in excess of five hundred dollars ($500.00) will be approved by the Department Head established in these regulations.
3. 
Major repairs. If equipment will require major repair or rebuilding to return it to service, the Mechanic Supervisor will obtain three (3) estimates to repair or rebuild the item, and then obtain a recommendation for the Department Head as to the advisability of repairing when replacement or other disposition may be more economical. The Department Head will advise the City Administrator of his/her recommendation. All repairs costing in excess of one thousand dollars ($1,000.00) shall have prior City Administrator approval.
[Ord. No. 2351 §1, 12-6-2010; Ord. No. 3623, 11-25-2020]
A. 
To obtain contractual services for the maintenance, repair, alteration, remodeling or construction of equipment, furnishings, buildings and structures, the Department Head will submit a memorandum to the City Administrator. The memorandum will contain information required to evaluate the need and urgency of the work to be performed by persons not employed by the City and to provide administrative control for contractual services.
1. 
Service Contracts Or Maintenance Agreements. All service contracts or maintenance agreements will be approved by the City Council and/or City Administrator. The City Clerk and Administrative Assistant will maintain a record of service agreements and dates when such services start and terminate. Prior to the termination date, the City Administrator will coordinate with the Department Head to determine if the service should be renewed.
2. 
Use Of Commercial Or Maintenance Agreements. City-owned equipment shall not be repaired in commercial facilities without advance approval of the Department Head. Conditions that permit the use of commercial facilities are when the work is beyond the capability of the mechanic or when emergency repairs are required that cannot be performed expediently by maintenance personnel. The Department Head will secure the advance approval of the City Administrator on those items that exceed one thousand dollars ($1,000.00). Normal purchasing procedures will be followed in obtaining this type of service.
3. 
Modifications To Equipment, Buildings And Structures. Any modifications to buildings and structures of the City must be approved by the City Administrator.
4. 
Rental Of Equipment. Rental of equipment or accessories for equipment will receive approval of the City Administrator. Request for rental of equipment will be made to the City Administrator by memorandum. Rental approvals will be set out by contract or lease agreement.
B. 
The City will maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. This oversight includes but is not limited to making sure contractors comply with contract terms and conditions, that invoices are correct, and that goods and services are received.
1. 
Upon request, the City Engineer shall perform such oversight and "other duties as assigned as directed by the Mayor or City Administrator."
2. 
Upon satisfactory completion of the work, the Department Head will certify his/her acceptance of the work on the file copy of the purchase order and return it to the Accounts Payable Clerk for payment upon receipt of an invoice from the contractor.
[Ord. No. 2351 §1, 12-6-2010]
A. 
When an immediate need exists to prevent the disruption of operations by unforeseen causes, supplies or services may be obtained without prior approval. Only the minimum supplies or services necessary to alleviate the emergency shall be purchased. Emergency purchases must be reported to the City Administrator as soon as possible after they occur with an explanation of the nature of the emergency.
B. 
Administrative Requirements For Emergency Purchases. The Supply Technician will, at the time of purchase, secure from the vendor a sales ticket or invoice for the material or services. The words "emergency purchase" must be indicated thereon. The invoice will be forwarded to the City Administrator as soon as possible.
[Ord. No. 2351 §1, 12-6-2010]
Like items utilized by the various departments of the City will be purchased centrally. The Supply Technician will periodically prepare a list of standard items and furnish it to the Department Heads. The list of standard items will serve as a guide to Department Heads in ordering standard items. Items appearing on the list of standard items may not be purchased separately by departments. Standard items will be issued from the warehousing area controlled by the Supply Technician. Issues of standard items will be made by the use of a requisition form developed by the Supply Technician for that purpose.
[Ord. No. 2351 §1, 12-6-2010]
A. 
The following departmental spending limits are hereby authorized and established:
1. 
Supervisors are authorized to approve purchases that do not exceed five hundred dollars ($500.00).
2. 
Department Heads are authorized to approve purchases that do not exceed one thousand dollars ($1,000.00).
3. 
The Public Works Director is authorized to approve purchases of materials and supplies in support of public work projects that do not exceed ten thousand dollars ($10,000.00).
4. 
The City Administrator is authorized to make purchases in accordance with Section 105.130 of the St. Robert Municipal Code.
[Ord. No. 2351 §1, 12-6-2010; Ord. No. 3623, 11-25-2020[1]]
A. 
City officers, employees, elected officials, and agents may neither solicit nor accept gifts or gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. This includes entertainment, hospitality, loans, and forbearance. It would also include services, as well as gifts of training, transportation, local travel, lodgings, and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.
B. 
No City employee, officer, elected official, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. The purpose of this prohibition is to ensure, at a minimum, that the persons involved in the award administration of contracts are free of undisclosed personal or organizational conflicts of interests, both in appearance and fact.
C. 
A real conflict of interest arises when a City employee, officer, elected official, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the aforementioned individuals, has a financial or other interest or a tangible personal benefit from a firm considered for a contract.
D. 
Although the term "financial interest" is not defined or otherwise described in the applicable Federal regulations, a financial interest can be considered to be the potential for gain or loss to the City employee, officer, elected official, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from: (a) ownership of certain financial instruments or investments such as stock, bonds, or real estate; or (b) salary, indebtedness, a job offer, or other similar interest that might be affected by the procurement.
E. 
An apparent conflict of interest is an existing situation or relationship that creates the appearance that a City employee, officer, elected official, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in, or a tangible personal benefit from a firm considered for a contract.
F. 
If the City has an affiliate or subsidiary organization that is not a State, local government, or Indian tribe, the non-State entity must also maintain written standards of conduct covering organizational conflicts of interest. One (1) type of organizational conflict of interest occurs when, because of relationships with a parent company, affiliate, or subsidiary organization, the non-State entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.
G. 
Appropriate discipline may be applied for violation of these standards of conduct by officers, employees, elected officials, or agents of the City. Discipline includes dismissal of employment.
H. 
A way to resolve a conflict of interest is recusal. A recusal may be appropriate when a City employee, officer, or elected official involved in awarding a contract has a financial interest or other business or personal relationship with a contractor bidding for the award. By removing that officer or elected official from the contractor selection process, the City may be able to resolve the conflict.
[1]
Editor's Note: Ord. No. 3623 also changed the title of this Section from "Ethical Practice" to "Ethical Practice and Conflicts of Interest."
[Ord. No. 3529, 5-5-2020]
A. 
A sole-source procurement is one that is conducted without advertising or competition. Any department who believes they have a sole-source purchase must conduct a reasonable investigation showing there is only one (1) practicable source for the supply or service and submit documentation supporting that determination to the Mayor or City Administrator, who will verify the information prior to approving a purchase order or contract.
B. 
The City of St. Robert reserves the right to award purchase orders, consultant agreements or project contracts on a sole source/non-competitive basis when one (1) or more of the following circumstances apply:
1. 
The item or service is available only from a single source that has predominate capability;
2. 
The City of St. Robert received prior approval from the Federal awarding agency; and
3. 
Competition is determined to be inadequate after solicitation from a number of sources. A written justification will be prepared and kept on file for any non-competitive procurement.