[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:
1. 
The employee, officer, or agent;
2. 
Any member of his or her immediate family or household;
3. 
His or her business partner;
4. 
An organization which employs, or is about to employ, any of the above.
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]
A. 
Where the low bid or the bid given preference under Section 155.075 is shared by two (2) or more local bidders, quality and service being equal, the award shall be made between the local bidders on the basis of drawing of lots, to be held in public.
B. 
If all bids received or the lowest bids received are for the same total amount or unit price and there is no local bidder given preference under Section 155.075, quality and service being equal, the contract shall be awarded on the basis of drawing of lots, to be held in public.
[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:
1. 
Any asphalt, concrete, aggregate, crushed stone, or chemicals purchased by the Street Department, Water Department, Wastewater Department or Parks and Recreation Department in bulk.
2. 
Fuel.
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.