[Ord. No. 00-026 §1, 11-27-2000; Ord. No. 10-2015 §1, 4-6-2015]
A.
The
Purchasing Agents for the City shall be the City Clerk, City Administrator,
Public Works Supervisor, Police Chief and Fire Chief. They, when authorized
by the Mayor and/or Board of Aldermen, shall procure for the City
bids for supplies, materials, equipment, construction projects or
contracts needed by the City, in accordance with the procedures prescribed
by this Chapter or required by law.
[Ord. No. 43-2020, 12-7-2020]
B.
Except
as provided in this Chapter, it shall be unlawful for any City Officer
or employee to order the purchase of any supplies or make any contract
within the purview of this Chapter other than through a Purchasing
Agent, and any purchase ordered or contract made contrary to the provisions
hereof shall not be approved by City Officials and the City shall
not be bound thereby.
[Ord. No. 00-026 §2, 11-27-2000]
A.
In
addition to the purchasing authority conferred in the preceding Section,
and in addition to any other powers and duties conferred by this Chapter
or other ordinance, the Purchasing Agents shall:
1.
Act to procure for the City the highest quality in supplies and contractual
services at the least expense to the City.
2.
Discourage uniform bidding and endeavor to obtain as full and open
competition as possible on all purchases and sales.
3.
Keep informed of current developments in the field of purchasing,
prices, market conditions and new products, and secure for the City
the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations
and by private businesses and organizations.
4.
Prescribe and maintain such forms necessary for the operation of
the purchasing function.
5.
Exploit the possibilities of buying "in bulk" so as to take full
advantage of discounts.
6.
Act so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
7.
Have the authority to declare vendors who default on their quotations
irresponsible bidders and to disqualify them from receiving any business
from the municipality for a stated period of time.
8.
Pursue all appropriate claims against the supplier, shipper or carrier,
when and if necessary.
[Ord. No. 00-026 §3A, 11-27-2000; Ord. No. 10-2015 §2, 4-6-2015]
A.
All purchases must be approved by a designated Purchasing Agent with
the exception of the following:
1.
Purchases made at a store where the City has set up a charge
system do not require a purchase order but must have permission of
a department head. This includes gasoline, washing City vehicles,
small items used in routine daily operations, such as items necessary
to make minor repairs, cleaning products and office supplies, provided
the cost of these items does not exceed two hundred dollars ($200.00).
2.
Services such as rent, utilities, telephone, accounting, legal
and insurance should be made by contractual agreement and do not require
the use of a purchase order.
3.
Services as set forth in Section 133. 190.
[Ord. No. 01-2022, 1-4-2022]
[Ord. No. 00-026 §3B, 11-27-2000]
A.
No
officer or employee of the City shall transact any business in his
official capacity with any business entity of which he is an officer,
agent or member or in which he owns a substantial interest; nor shall
he make any personal investments in any enterprise which will create
a substantial conflict between his private interest and the public
interest; nor shall he or any firm or business entity of which he
is an officer, agent or member, or the owner of substantial interest,
sell any goods or services to any business entity which is licensed
by or regulated in any manner by the City.
B.
No
elected or appointed official or employee of the City, serving in
an executive or administrative capacity, shall:
1.
Perform any service for the City for receipt or payment of any compensation,
other than of the compensation provided for the performance of his
official duties, in excess of five hundred dollars ($500.00) per year,
except on transactions made pursuant to an award on a contract let
or sale made after public notice and competitive bidding, provided
that the bid or offer is the lowest received.
2.
Sell, rent or lease any property to the City and receive consideration
therefor in excess of five hundred dollars ($500.00) per year 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.
[Ord. No. 00-026 §4, 11-27-2000]
No officer or employee of this City shall enter into any private
business transaction with any person or entity that has a matter pending
or to be pending upon which the officer or employee is or will be
called upon to render a decision or pass judgment. If any officer
or employee is already engaged in the business transaction at the
time that a matter arises, he shall be disqualified from rendering
any decision or passing any judgment upon the same.
[Ord. No. 00-026 §5, 11-27-2000]
[Ord. No. 00-026 §6, 11-27-2000]
The Purchasing Agent 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 use and benefit of the
City. Violation of the provisions of this Section shall, upon conviction
thereof, be punished as provided in the Municipal Code of the City
of Herculaneum.
[Ord. No. 00-026 §7, 11-27-2000; Ord. No. 05-002 §1, 1-24-2005; Ord. No. 10-2015 §3, 4-6-2015; Ord. No. 01-2022, 1-4-2022]
A.
Except as expressly provided in this Chapter, 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 one thousand five hundred
dollars ($1,500.00), no competitive bidding is required. The department
head will clear any and all purchases with the City Administrator
to obtain approval.
2.
If the consideration is for more than one thousand five hundred
dollars ($1,500.00) but less than five thousand dollars ($5,000.00),
at least three (3) prospective vendors, from which the lowest bid
with proper qualifications shall be accepted. A record of the quotations
shall be maintained. The purchase shall be approved by the Board of
Aldermen.
3.
All supplies and contractual services estimated to cost in excess
of five thousand dollars ($5,000.00) shall be purchased by formal,
written contract from the lowest responsible bidder, after due notice
inviting proposals. Whenever possible, at least three bids should
be maintained from prospective, qualified vendors. The Board of Aldermen
shall award the contract or purchase.
4.
Individual contracts, purchases or sales, be they for goods,
supplies, commodities or services, shall not be excluded from the
requirement of competitive bidding herein above described.
5.
Individual contracts or purchases shall not be subdivided for
the purpose of evading the requirement of competitive bidding.
[Ord. No. 00-026 §8, 11-27-2000]
A.
The
notice required by the preceding Section shall consist of the following:
1.
Notice inviting bids shall be published once in at least one (1)
official newspaper of Jefferson County at least five (5) days preceding
the last day set for the receipt of proposals. The newspaper notice
required herein 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 Purchasing Agent shall also solicit sealed bids from all responsible
prospective suppliers who have requested their names to be added to
a "bidder's list" which the Purchasing Agent shall maintain by sending
them a copy of such newspaper notice or such other notice as will
acquaint them with the proposed purchase or sale. In any case, invitations
sent to the vendors on the bidder's list shall be limited to commodities
that are similar in character and ordinarily handled by the trade
group to which the invitations are sent.
3.
The City Clerk shall also advertise all pending purchases or sales
by a notice posted on the public bulletin board in the City Hall.
4.
The City Clerk shall also solicit sealed bids by direct mail request
to prospective vendors and by telephone, as may seem to be in the
best interest of the City.
[Ord. No. 00-026 §9, 11-27-2000]
Bids shall be submitted sealed to the City Clerk and shall be
identified as bids on the envelope. They shall be opened in public
at the time and place stated in the public notices. A tabulation of
all bids received shall be posted for public inspection and a tabulation
report forwarded to the Board of Aldermen.
[Ord. No. 00-026 §10, 11-27-2000]
A.
The
City reserves the right to reject any or all bids. Contracts shall
be awarded to the lowest responsible bidder. Bids shall not be accepted
from, nor contract awarded to, a contractor who is in default on the
payment of taxes, licenses or other monies due the City. In determining
"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 the 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. 00-026 §11, 11-27-2000]
All bids shall be accepted or rejected by the Board of Aldermen.
When the award is not given to the lowest bidder, a full and complete
statement of the reasons for placing the order elsewhere shall be
entered upon the journal of the Board.
[Ord. No. 00-026 §12, 11-27-2000]
If all bids received or the lowest bids received are for the
same total amount or unit price, quality and service being equal,
the contract shall be awarded to a local bidder. Where there is no
local low bidder, the award shall be made on the basis of a drawing
of lots to be held in public.
[Ord. No. 00-026 §13, 11-27-2000]
A.
All purchases of supplies and contractual services, and all sales of personal property which has become obsolete and unusable for which competitive bidding is not required by Section 133.080 shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 133.080 for the award of formal contracts. Provided however, that the formal market procedures shall be used in the procurement of fuel for City vehicles and for insurance without regard to the dollar amount of the purchase.
1.
All open market purchases shall, whenever possible, be based on at least three (3) competitive bids and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in Section 133.110.
3.
The City Clerk shall keep a record of all open market orders and
the bids submitted in competition thereon, and such records shall
be open to public inspection.
[Ord. No. 00-026 §14, 11-27-2000; Ord. No. 10-2015 §4, 4-6-2015]
In case of an apparent emergency which requires immediate purchase
of supplies or contractual services, the Purchasing Agent may, with
the consent of the Mayor or City Administrator, authorize the purchase,
at the lowest obtainable price, of any supplies or contractual services
regardless of the amount of the expenditure. A full explanation of
the circumstances of an emergency purchase shall be recorded in the
journal of the Board of Aldermen.
[Ord. No. 29-2012, 8-13-2012]
When either services provided or purchases are made with respect
to unique products or services or no other source for said services
or product is readily available, the City Purchasing Policy shall
be amended to provide that no bid is required after proper motion
made by the Board of Aldermen to this effect.
[Ord. No. 00-026 §15, 11-27-2000; Ord. No. 28-2014 §1, 4-14-2014]
A.
The Purchasing Agent shall have the authority to join with other
units of government in cooperative purchasing plans when the best
interest of the City would be served and after the approval of the
Board of Aldermen. When bids have already been obtained by other units
of government within the State of Missouri, then, upon approval by
the Board of Aldermen, such bids can be used, and the requirements
of this Chapter with respect to bidding can be waived by resolution
of the Board of Aldermen.
B.
The City is also authorized to be a member of and join the National
Purchasing Cooperative ("BuyBoard") to further meet the City's goal
of receiving the lowest responsible bid.
[Ord. No. 00-026 §16, 11-27-2000]
Each Purchasing Agent may, on his own authority, contract for
supplies not to exceed three hundred dollars ($300.00) total cost
per order. Larger purchases must be approved in advance by the Mayor
or Board of Aldermen. All receipts for items charged to the City must
be signed by the Purchasing Agent and turned over to the City Clerk
for payment. All purchases are subject to final acceptance by the
Board of Aldermen.
[Ord. No. 091-2006 §1, 8-14-2006; Ord.
No. 23-2023, 5-15-2023]
A.
At least annually, each department head shall submit to the City
Administrator, at such times and on such forms as prescribed, reports
showing stocks of all supplies which are no longer used or which have
become obsolete, worn out or scrapped.
B.
For items with an estimated value of less than five hundred dollars
($500.00) where the City Administrator determines it to be in the
best interest of the City, the City Administrator shall have the authority
to do the following:
1.
Transfer surplus stock to a municipal corporation, church or
not-for-profit institution under Section 501(c)(3) of the United States
Code;
2.
Sell all supplies which have become unsuitable for possible
use, or exchange or trade the supplies for new supplies, in accordance
with the procedures set forth in this Chapter.
For any such item referenced in this Subsection (B), the City Administrator shall report such action to the Board of Aldermen.
C.
For items with an estimated value of more than five hundred dollars
($500.00), where the Board of Aldermen has determined that the sale
or exchange of any personal property owned by the City will be in
the best interest of the City, it may:
1.
Sell such property at public auction or public sale in the manner
provided in the Missouri Statutes, including through an Internet auction
website in the manner provided for public auctions in the Missouri
Statutes.
2.
Authorize the City Administrator to negotiate the sale or exchange
of such property subject to the approval and acceptance by the Board
of Aldermen.
3.
Exchange such property for other real property of substantially
equal value, or for other real property plus an amount of money equal
to the difference in value of for equipment and/or supplies and/or
services of substantially equal value, if it has been determined that
the acquisition of such real property will be in the best interests
of the City.
D.
Surplus personal property, which is unsalable because of obsolescence,
wear and tear, or other reasons, may be dismantled, if necessary,
and sold as scrap after approval by the Board of Aldermen.
[Ord. No. 01-2022, 1-4-2022]
A.
The City does adopt and establish a policy and procedure for the
selection and procurement of architectural, engineering, land surveying
services and other professional services (hereinafter referred to
as professional services) for the City in accordance with the following
provisions.
B.
ARCHITECTURAL SERVICES
ENGINEERING SERVICES
FIRM
LAND SURVEYING SERVICES
MAINTENANCE SERVICES
OTHER PROFESSIONAL SERVICES
SELECTION COMMITTEE
USING DEPARTMENT
Definitions. As used in this Section, the following terms shall have
the meanings ascribed to them:
Those services within the scope of practice of architecture
as defined by the laws of the State of Missouri, Section 327.091,
RSMo.
Those services within the scope of practice of engineering
as defined by the laws of the State of Missouri, Section 327.181,
RSMo.
Any individual, firm, partnership, corporation, association
or other legal entity permitted by law to practice the profession
of architecture, engineering or land surveying or other professional
services and provide said services.
Those services within the scope of practice of land surveying
services as defined by the laws of the State of Missouri, Section
327.272, RSMo.
The repair, but not replacement, of existing facilities when
the size, type or extent of the existing facilities is not thereby
changed or increased.
Those services of a vocation requiring specialized knowledge
and intensive academic or technical training in such fields as land
appraisal, urban planning, finance, real estate and others.
At least three (3) qualified individuals appointed by the
Mayor, including the department head of the using department, and
the City Administrator who shall oversee and coordinate the selection
process and shall serve as the Chair of the Selection Committee. The
selection process shall only be instituted under the supervision and
direction of the City Administrator who may, with the approval of
the Mayor, establish procedural rules so long as they are not inconsistent
with this Section or State law.
The City department requesting the professional service and
being the prime user and overseeing the service.
C.
Types of Services. Projects will be divided into four (4) types as
follows:
1.
Type 1. Services for projects where fees will exceed ten thousand
dollars ($10,000.00); the using department shall select at least five
(5) firms to be contacted for an expression of interest. After expressions
of interest are received and reviewed, at least three (3) detailed
proposals shall be requested. Requests for expressions of interest
and detailed proposals may be combined into a single request. After
reviewing the detailed proposals, the Selection Committee shall make
a recommendation to the Board of Aldermen for approval or rejection
of the proposal. The Board of Aldermen has the right to approve or
reject any and all proposals.
2.
Type 2. Services for projects where fees are less than ten thousand
dollars ($10,000.00) but more than five thousand dollars ($5,000.00);
three (3) written proposals are required, when possible. The three
(3) written proposals may be solicited by mail or telephone. After
reviewing the detailed proposals, the Selection Committee then makes
a recommendation to the Board of Aldermen for approval or rejection
of the proposal.
3.
Type 3. Services for projects where fees are less than five
thousand dollars ($5,000.00) may be made by the director of the using
department without soliciting competitive proposals upon approval
of the City Administrator.
4.
Type 4. Maintenance service where the costs are less than five
thousand dollars ($5,000.00) may be made by the director of the using
department without soliciting competitive proposals upon approval
of the City Administrator.
D.
General Procedures and Responsibilities.
1.
Expressions Of Interest Type 1 Projects. For Type 1 service,
the using department shall solicit proposals from qualified firms
approved by the Selection Committee. The request should invite comments
as to the special experience in the project being considered and describe
previous experience with similar projects. The expressions of interest
will be reviewed by the department requesting the services. Factors
to be determined in the initial screening will include:
a.
Specialized experience and technical competence with respect
to the type of services required.
b.
Quality of services previously performed by the firm for the
City.
c.
Past record of performance with respect to cost control, quality
of services and ability to meet schedules.
d.
Community relations, including evidence of sensitivity to citizen
concerns.
e.
The firm's proximity to and familiarity with the area where
the project is located.
2.
Detailed Proposals. Firms submitting detailed proposals will
provide the information prescribed by the using department. The information
shall include:
a.
Project name for which firm is filing.
b.
Name and address of firm.
c.
Previous related experience.
d.
Outside firms or outside personnel to be used on projects.
e.
Brief resume of key persons, specialists.
f.
Special experience in the project being considered.
g.
Any work previously or currently performing for City.
h.
Description of resources.
E.
Selection.
1.
Upon receipt of the detailed proposals for Type 1 or 2 projects,
the Selection Committee will review the proposals; interview the prospective
firms, if necessary; and make a recommendation of the two (2) firms
best qualified and capable of performing the desired work.
2.
The using department shall, with assistance of the City Administrator,
negotiate a contract with the top firm selected. If a satisfactory
contract cannot be negotiated with the top firm, negotiations with
that firm shall be terminated with the approval of the Selection Committee.
Negotiations may then begin with the second firm. If there is a failing
of accord with the second firm, negotiations with such firm may be
terminated with the approval of the Selection Committee.
3.
If an agreement cannot be negotiated with the two (2) selected
firms, the using department shall reevaluate the professional services,
including scope and fee requirements, and proceed in accordance with
this policy.
F.
Prohibition Against Contingent Fees.
1.
Each contract entered into by the Board of Aldermen for professional
services shall contain a prohibition against contingent fees as follows:
"The architect, engineer or land surveyor (as applicable) warrants
that he/she has not employed or retained any company or person, other
than a bona fide employee working solely for the architect, engineer
or land surveyor, to solicit or secure any person, company, corporation,
individual or firm, other than a bona fide employee working solely
for the architect, engineer or land surveyor, any fees, commission,
percentage, gift or any other consideration contingent upon or resulting
from the award or making of this agreement."
2.
For the breach or violation of the foregoing provision, the
Board of Aldermen shall have the right to terminate the agreement
without liability and at its discretion to deduct from the contract
price or otherwise recover the full amount of such fee, commission,
percentage, gift, or consideration.
G.
Exceptions.
1.
When, in the opinion of the City Administrator, the nature of
other professional services is so specialized that there is only a
sole supplier of a professional service that can meet the City's needs,
the City Administrator may select such firm or recommend the Board
of Aldermen select such firm. An exception shall be promptly reported
to the Board of Aldermen with an explanation of the reasons therefor.
2.
The Board of Aldermen, in its sole and absolute discretion,
may waive any and all aforementioned procedural requirements.
