[R.O. 2016 § 155.010; Ord. No. 81-95 § 1, 9-12-1995; Ord. No. 1033-13 § 2, 7-9-2013]
The City Administrator will act as
Purchasing Agent for the City with primary responsibility for overseeing
the purchasing process. The department head or superintendent of each
department will have daily responsibility of purchasing for their
own departments and will have the responsibility to know or learn
proper procedures for making all purchases prior to engaging in purchasing
activities. Where formal sealed bid procedures are required, all advertising,
bid documents and receipt of bids will be approved by the City Administrator.
[R.O. 2016 § 155.020; Ord. No. 81-95 § 2, 9-12-1995; Ord. No. 1033-13 § 2, 7-9-2013]
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 ordinances, an employee
involved in purchasing activities 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 written specifications for
all supplies and services for which bidding procedures are required;
3.
Discourage uniform bidding and endeavor
to obtain as full and open competition as possible on all purchases
and sales;
4.
Act so as to procure for the City
all Federal and State tax exemptions to which it is entitled;
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 supplier, shipper or carrier.
[R.O. 2016 § 155.030; Ord. No. 81-95 § 3, 9-12-1995; Ord. No. 1033-13 § 2, 7-9-2013]
A.
No employee, officer, or agent of the City
(or subgrantee under State and Federal grants) shall participate in
the selection, or in the award or administration of any contract for
the sale or purchase of any goods or services involving any public
funds or property of any kind if a conflict of interest, real or apparent,
would be involved. Such a conflict would arise if one (1) or more
of the following has a financial or other interest in the entity selected
for award:
B.
The City's (or subgrantee's) officers, employees, or agents will
neither solicit nor accept gratuities, favors, or anything of monetary
value from contractors, potential contractors, or parties to subagreements.
The City Council may set minimum rules where the financial interest
is not substantial or the gift is an unsolicited item of nominal intrinsic
value or where given for the benefit of the City.
C.
For the purposes of this Section, the term "immediate family" shall
include the spouse and any other relative within the second degree
by consanguinity or affinity.
[R.O. 2016 § 155.040; Ord. No. 81-95 § 4, 9-12-1995; Ord. No. 1033-13 § 2, 7-9-2013]
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 already is engaged in
the business transaction at the time a matter arises, he/she shall
be disqualified from rendering any decision or passing any judgment
upon the same.
[R.O. 2016 § 155.050; Ord. No. 81-95 § 5, 9-12-1995; Ord. No. 475-03 § 1, 8-12-2003; Ord. No. 537-04 § 1, 5-11-2004; Ord. No. 800-08 § 1, 8-19-2008; Ord. No. 1033-13 § 2, 7-9-2013]
A.
When the City negotiates any purchase or other contract, including contracts for services other than architectural, engineering and land surveying services covered by Section 155.150 or professional services other than engineers, architects, and land surveyors covered by Section 155.170, there shall be provided ample opportunity for competitive bidding in the following manner:
1.
If the consideration is not more
than two thousand dollars ($2,000.00), bids shall be solicited in
the most expedient manner with due regard for competitive prices and
quality.
2.
If the consideration is for more
than two thousand dollars ($2,000.00) but less than five thousand
dollars ($5,000.00), at least three (3) bids shall be solicited either
by mail or telephone request from at least three (3) prospective bidders
from which the lowest bid, with proper qualifications, shall be accepted.
A record of the quotations shall be maintained. The purchase or other
contract shall be approved by the City Administrator.
3.
If the consideration is for more
than five thousand dollars ($5,000.00) but less than twenty-five thousand
dollars ($25,000.00), at least three (3) written bids shall be solicited
from which the lowest bid, with proper qualifications, shall be accepted.
The purchase, sale or other contract shall be approved by the Mayor
and City Administrator.
4.
If the consideration is for more than twenty-five thousand dollars ($25,000.00), the purchase shall be by formal, written contract from the lowest responsible bidder, after due notice as provided for in Section 155.060 inviting proposals. Whenever possible, at least three (3) bids should be obtained from prospective, qualified bidders. The City Council shall award the contract or purchase.
5.
Individual contracts or purchases,
be they for goods, supplies, commodities or services, shall not be
excluded from the requirement of competitive bidding hereinabove described,
except that the requirements for competitive purchasing shall not
apply to purchases made through a cooperative procurement program
operated by the State or any governmental agency or organization which
will allow the City to purchase supplies or services that the agency
or organization has competitively solicited.
6.
Individual contracts or purchases
shall not be subdivided for the purpose of evading the requirement
of competitive bidding.
7.
The capitalization threshold for
the City of Park Hills shall be five thousand dollars ($5,000.00)
and a useful design life of not less than three (3) years.
[R.O. 2016 § 155.051; Ord. No. 475-03 § 2, 8-12-2003; Ord. No. 1033-13 § 2, 7-9-2013]
A.
When the City negotiates any service contract
exceeding twenty-five thousand dollars ($25,000.00), bidders must
submit bid bonds, payment bonds and performance bonds, except when
a given bond is determined unnecessary in writing by the City Administrator.
Letters of credit and cashier's checks may be accepted in lieu of
bonds at the discretion of the City Administrator. The person responsible
for seeking bids may require bonds or substitutes involving contracts
of lesser amounts.
B.
For both service contracts and purchase
contracts, the general practice should include payment schedules that
guarantee satisfactory delivery of goods or services before payment.
[R.O. 2016 § 155.060; Ord. No. 81-95 § 6, 9-12-1995; Ord. No. 475-03 § 3, 8-12-2003; Ord. No. 1033-13 § 2, 7-9-2013]
A.
The notice required by Section 155.050 shall consist of the following:
1.
Notice inviting bids shall be published
once in at least one (1) daily newspaper of general circulation in
the City 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 or the
services to be purchased, shall state where bid blanks and specifications
may be secured and the time and place for opening bids.
2.
The Purchasing Agent also shall solicit
sealed bids from all responsible prospective suppliers who have requested
their names be added to a "bidders' 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 bidders'
list shall be limited to commodities that are similar in character
and ordinarily handled by trade group to which the invitations are
sent.
3.
The City Clerk also shall advertise
all pending purchase or sales by a notice posted on the public bulletin
board in the City Hall.
4.
Sealed bids shall be solicited by
direct mail, telephone, email, or fax to prospective vendors as may
seem to be in the best interest of the City.
[R.O. 2016 § 155.070; Ord. No. 91-95 § 7, 9-12-1995; Ord. No. 1033-13 § 2, 7-9-2013]
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.
[R.O. 2016 § 155.075; Ord. No. 729-07 § 1, 6-12-2007; Ord. No. 1033-13 § 2, 7-9-2013]
In making purchases or accepting
bids, the City shall give preference to all licensed businesses operating
from a physical address in the City of Park Hills when quality, service
and other terms of the purchase are equal to or better than the low
bid. Preference for licensed businesses operating from a physical
address in the City of Park Hills will be given if the local bid is
no greater than five percent (5%) above the low bid, provided that
the difference between the low bid and the local bid does not exceed
five thousand dollars ($5,000.00) maximum.
[R.O. 2016 § 155.080; Ord. No. 81-95 § 8, 9-12-1995; Ord. No. 1033-13 § 2, 7-9-2013]
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; and
10.
Whether or not the bidder either
resides or operates the particular business in the City.
[R.O. 2016 § 155.090; Ord. No. 81-95 § 9, 9-12-1995; Ord. No. 1033-13 § 2, 7-9-2013]
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 City
Council.
[R.O. 2016 § 155.100; Ord. No. 81-95 § 10, 9-12-1995; Ord. No. 1033-13 § 2, 7-9-2013]
[R.O. 2016 § 155.110; Ord. No. 81-95 § 11, 9-12-1995; Ord. No. 1033-13 § 2, 7-9-2013]
A.
There is hereby appropriated out of money
in the City Treasury, not otherwise appropriated, the sum of one hundred
dollars ($100.00), which shall be known as the "Petty Expenditures
Revolving Fund." From this fund shall be paid all purchases not in
excess of fifty dollars ($50.00) each, made by the heads of using
agencies for incidentals with the approval of the agent.
B.
Not less than once each month, each agency
head shall render to the Treasurer a statement showing the actual
expenditures for the using department so made out of "Petty Expenditures
Revolving Fund," and the City Treasurer shall reimburse said revolving
fund for such expenditures in the same manner as other expenditures
of such using departments are paid.
C.
The City Administrator shall promulgate
rules and regulations for use of the "Petty Expenditures Revolving
Fund."
[R.O. 2016 § 155.120; Ord. No. 81-95 § 12, 9-12-1995: Ord. No. 1033-13 § 2, 7-9-2013]
In case of an apparent emergency
that requires immediate purchase of supplies, contractual services,
materials, construction items, equipment, or repair parts, the City
Administrator and Mayor may together authorize the purchase, at the
lowest obtainable price, of any supplies, contractual services, materials,
construction items, equipment, or repair parts not in excess of twenty-five
thousand dollars ($25,000.00). A full explanation of the circumstances
of an emergency purchase shall be maintained in the department and
in the City Clerk's file, and the explanation shall be provided to
the City Council at, or prior to, its next meeting.
[R.O. 2016 § 155.130; Ord. No. 81-95 § 13, 9-12-1995: Ord. No. 1033-13 § 2, 7-9-2013]
The 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 approval
of the City Administrator.
[R.O. 2016 § 155.140; Ord. No. 475-03 § 4, 8-12-2003: Ord. No. 1033-13 § 2, 7-9-2013]
A.
The City Administrator may waive the requirement
of competitive bids on proposals under this Chapter for goods, supplies
and commodities when the City Administrator has written a statement
that there is only a single feasible source for the goods, supplies
or commodities. Immediately upon discovering that other feasible sources
exist, the City Administrator shall rescind the waiver and proceed
to procure the goods, supplies or commodities through the competitive
procedure described in this Chapter. A single feasible source exists
when:
1.
Goods, supplies or commodities are
proprietary and only available from the manufacturer or a single distributor;
or
2.
Based on past procurement experience,
it is determined that only one (1) distributor services the region
in which the goods, supplies or commodities are needed; or
3.
Goods, supplies and commodities are
available at a discount from a single distributor for a limited period
of time such that the price is lower than otherwise available.
B.
On any single feasible source purchased
where the estimated expenditures shall be five thousand dollars ($5,000.00)
or more, the City Administrator shall post notice of the proposed
purchase on the City bulletin board. Where the estimated expenditure
is twenty-five thousand dollars ($25,000.00) or more, the City Administrator
shall also advertise his/her intent to make such purchase in at least
one (1) daily newspaper of general circulation in such place as is
most likely to reach prospective bidders or offerors and may provide
such information through an electronic medium available to the general
public at least five (5) days before the contract is to be let. Other
methods of advertisement, however, may be adopted by the City Administrator
when such other methods are deemed more advantageous for the goods,
supplies and commodities to be purchased. The requirement for advertising
may be waived, if not feasible, due to goods, supplies and commodities
being available at a discount for only a limited period of time.
[R.O. 2016 § 155.150; Ord. No. 475-03 § 5, 8-12-2003: Ord. No. 1033-13 § 2, 7-9-2013]
Contracts for architectural, engineering
and land surveying services shall be negotiated on the basis of demonstrated
competency and qualifications for the type of services required and
at a fair and reasonable price and shall be negotiated in accordance
with the provisions of Sections 8.285 through 8.291, RSMo., or any
amendments or similar Statutes regulating the negotiation of such
contracts by political subdivisions.
[R.O. 2016 § 155.160; Ord. No. 1033-13 § 2, 7-9-2013]
A.
All purchases of the following commodities shall not be purchased pursuant to the procedures in Section 115.150, but shall be purchased according to the procedures in this Section:
B.
Purchases of items authorized by this Section
shall be made as follows:
1.
The Purchasing Agent shall maintain
a list of approved vendors of each authorized item. The criteria for
approval shall be designated by each affected department director.
Vendors may be added to the list by the department director or at
the request of the vendor. The person requesting a vendor's name to
be added to the list shall provide the information necessary to show
compliance with the criteria set forth.
2.
The Purchasing Agent, at the request
of the department director, is hereby authorized to purchase such
quantities of the material as are requested, from the approved vendor
then offering the lowest price, without further authorization but
in no event shall the total amounts of the purchase exceed the amounts
appropriated.
[R.O. 2016 § 155.170; Ord. No. 1033-13 § 2, 7-9-2013]
A.
Contracts for professional services which
are provided by financial advisors, physicians, certified public accountants,
brokers, consultants, and other specialized or technical services,
other than engineers, architects, and land surveyors, shall be obtained
through the special procurement procedures set forth in this Section.
B.
Requests for proposals for professional
services shall be submitted to the City Administrator for review and
approval prior to distribution. When an RFP for professional services
is approved, a limited number of qualified professionals known to
the City will be invited to submit a proposal setting forth their
interest, qualifications, and description of proposed services. A
contract will be negotiated with the professionals deemed to best
meet the City's needs.
C.
Upon approval of the Mayor and City Administrator,
professional services contracts under ten thousand dollars ($10,000.00)
may be exempt from the request for proposal process.
D.
Professional services contracts for ten
thousand dollars ($10,000.00) or more must be approved by the City
Council. Professional services contracts for less than ten thousand
dollars ($10,000.00) may be approved by the Mayor and City Administrator.
E.
In the event a change in the scope of services
increases the total compensation for a professional services contract
originally valued at ten thousand dollars ($10,000.00) or more or
if the change will cause the original contract amount to exceed nine
thousand nine hundred ninety-nine dollars ($9,999.00), a written contract
modification or supplemental agreement shall be approved by the City
Council prior to the additional work commencing. Contract modifications
or supplemental agreements that do not cause the total contract amount
to exceed nine thousand nine hundred ninety-nine dollars ($9,999.00)
may be approved by the Mayor and City Administrator.
