[CC 1976 §2-3; Ord.
No. 1972 §§1 — 2, 4-25-1983; Ord. No. 98-85 §1, 10-27-1998; Ord. No. 2008-24 §10, 6-10-2008; Ord.
No. 2009-11 §1, 5-11-2009; Ord. No. 2009-21 §1, 8-10-2009; Ord.
No. 2009-26 §1, 9-28-2009; Ord. No. 2013-19 §§1
— 3, 4-22-2013; Ord. No. 2014-07 §§1
— 2, 3-10-2014; Ord. No. 2016-28, 11-14-2016; Ord. No. 2023-23, 8-14-2023]
A. Short Title. This Section may be known and cited as the "Purchasing
Code of the City of Overland."
B. Purpose. The purpose of this Section is to establish rules and procedures
governing the procurement of materials, supplies, equipment and services
for the City and to maintain a high ethical standard for all officers
and employees of the City in connection therewith.
It is the intention of the Purchasing Code to provide for a
system to coordinate the bid process and to consolidate purchases
where possible among departments to achieve efficiencies and cost
savings by joint purchasing on a City-wide basis.
C. Purchasing Agent — Appointment. The City Administrator is hereby
designated and authorized to serve as Purchasing Agent for the City.
If the City Administrator shall be temporarily disabled or absent
from the City, the following City Officials shall serve as acting
Purchasing Agent in order of succession: City Clerk, City Treasurer.
D. Duties — Generally. The Purchasing Agent shall, in accordance
with and subject to the rules, regulations and procedures in this
Section and all applicable laws:
1.
Direct, supervise and be responsible for the procurement and
acquisition of all materials, supplies and equipment and all contractual
services and all insurance required by any department, agency or office
of the City and by any other governmental department, agency or office
with respect to any procurement by such department, agency or office
funded wholly or partially, either directly or indirectly, by City
finds; provided, however, the Purchasing Agent shall not be responsible
for contracts for the acquisition of real estate or for professional
services, except as provided herein. The Purchasing Agent has the
authority to purchase such items in amounts up to and including seven
thousand five hundred dollars ($7,500.00) without prior approval,
except that any and all formal contracts for services or items of
equipment purchased by sealed bids must be approved by resolution
adopted by the Mayor and City Council.
2.
Sell or dispose of all obsolete or unusable personal property
of the City.
E. Duties Regarding Regulations. The Purchasing Agent is hereby authorized
and directed to adopt such written regulations, purchasing records,
forms and procedures as may be necessary for the implementation of
this Section. Any such regulations, records, forms and procedures
adopted by the Purchasing Agent shall become effective within thirty
(30) days after submission to the City Council unless they are disapproved
by the City Council within such thirty (30) day period. Copies of
such regulations, records, forms and procedures shall be on file at
the office of the City Clerk and shall be available for public inspection.
F. Gifts And Rebates Prohibited. The Purchasing Agent and every officer,
agent and employee of the City are hereby prohibited from accepting,
directly or indirectly, from any person to whom any purchase order
or contract is or might be awarded, any rebate, gift, money or anything
of substantial value.
G. Requisitions And Estimates. Each agency shall present to the Purchasing
Agent in such manner, at such times and for such periods as the Purchasing
Agent shall prescribe detailed estimates of its requirements for supplies,
materials, equipment and contractual services. Each agency may also
present to the Purchasing Agent at any time a requirement for any
materials, supplies, equipment or services for which the need was
not foreseen when the agency's detailed estimate was presented.
The Purchasing Agent shall examine each estimate or requirement and
he/she shall have the authority to revise it as to quantity, quality
or estimated cost after consulting with the head of the using agency.
H. Purchase Order Issuance And Validity Subject To Availability Of Funds.
A purchase order or contract shall be issued and become valid only
when approved by the department head who shall have first determined
that the purchase is being made in compliance with these regulations
and that there is a sufficient unencumbered balance in the appropriation
account of the using agency to fund such purchase order or contract,
except where otherwise provided in the budget.
I. Formal Competitive Bidding.
1.
Supplies, materials, equipment and contractual services shall
be procured only after obtaining formal written bids when the value
of the proposed procurement is in excess of seven thousand five hundred
one dollars ($7,501.00) or when directed by the City Council or when
required by the laws of the State. The procurement of several items
of the same type at substantially the same time is a single purchase
for the purpose of this Section and the total cost of all of such
items will determine whether a formal competitive bidding procedure
must be followed. No contract or purchase shall be subdivided to avoid
competitive bidding procedures.
2.
Such bids shall be invited through a notice to be published
in a newspaper of general circulation by the City Clerk in the County
at least two (2) weeks prior to the date specified for submission
of bids. A public notice shall also be posted on the City website
and in a prominent public place at the government center. Such notice
shall include:
a.
A general description of the item or items to be purchased;
b.
The conditions of such purchase;
c.
The place where specifications and bid forms may be secured;
d.
The time and place for submitting such bids; and
e.
The time and place for acceptance of bids.
The Purchasing Agent may also solicit bids by mailing a copy
of the Invitation to Bid to prospective vendors.
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3.
All bids for any contract or purchase may be rejected with or
without reason and a provision to this effect shall be included in
all notices or advertisements.
4.
The Purchasing Agent may advertise for sealed bids for any item
for which an appropriation has been made in the annual budget of the
City, upon approval of a majority of the members of the City Council
or if advertising for sealed bids is deemed by the Purchasing Agent
to be in the best interest of the City.
5.
All bids shall be sealed, shall be identified as bids on the
envelope and shall be submitted to the City Clerk within the time
and at the place stated in the public notice inviting bids. The time
of receipt of each bid shall be entered by the receiving employee
on the envelope containing such bid.
6.
The Purchasing Agent or his/her authorized representative, together
with a representative of the department which has requested the bid,
shall publicly open all bids at the time and place designated in the
notice to bid and shall in conjunction with the head of the using
agency, prior to the next regular meeting of the City Council after
the bid time expires, prepare a written summary of all bids, including
a review of the facts. All bids received shall be made available for
inspection as a public record and results of the bidding and awarding
of contracts shall be posted in a prominent and public place at the
community and government center.
7.
After presentation of the available data, the City Council,
at a regular or special meeting, shall award the contract to the most
responsive, responsible, timely bidder for the goods or services to
be procured; provided, however, the City Council shall have the authority
to reject all bids.
8.
Subsequent to the award by the City Council, the Mayor or his/her
designee shall, by purchase order or formal contract, enter into an
agreement with the bidder selected by the City Council for procurement
of the goods and services to be procured.
9.
When deemed necessary by the Purchasing Agent, bid deposits
may be required. Such deposits may be required to be in the form of
a certified check or bid bond and may be for the amount of one thousand
dollars ($1,000.00) or ten percent (10%) of the amount of the bid,
whichever is greater. When so required, all bids not accompanied by
such deposit shall be rejected. Such bid deposit shall be returned
to all bidders upon execution of a contract with or of a purchase
order to the successful bidder. A successful bidder shall forfeit
his/her deposit if he/she fails to enter into a contract within the
time period specified in the notice of award.
10.
The successful bidder may be required to post a performance
bond whenever the same is deemed appropriate by the purchasing agent;
provided, however, such requirement is set forth in the conditions
of bidding. Such performance bond may be in the form of a specified
amount or a percentage of the value of the proposed purchase. The
Purchasing Agent shall establish, in the conditions of bidding, such
terms as may be deemed appropriate to protect the interest of the
City.
11.
The City Clerk shall maintain all files and records including
a copy of the bid specifications and original copies of all bids verifying
compliance with the provisions of this code.
12.
It shall be unlawful and a violation of this policy for any
employee to subdivide a bid for purposes of evading these bidding
requirements.
J. Open Market Purchase. The Purchasing Agent may, without prior authority,
acquire in the open market all goods and services with a value of
less than seven thousand five hundred dollars ($7,500.00). Such acquisition
shall be based upon sound procurement principles.
1.
Purchases up to three thousand five hundred dollars ($3,500.00)
may be made as open purchases and employees shall make every reasonable
effort to ensure that competitive prices are received. Formal bids
will not be required.
2.
Purchases with a value between three thousand five hundred one
dollars ($3,501.00) but less than seven thousand five hundred dollars
($7,500.00) shall be based upon written quotations from three (3)
or more vendors.
3.
Purchases in excess of seven thousand five hundred one dollars ($7,501.00) shall comply with the requirements of Subsection
(I) entitled "Formal Competitive Bidding." A written summary of such quotations shall be filed with the City Administrator and the Department of Finance in conjunction with presentation of warrants for payment.
K. Emergency Purchases. The Purchasing Agent is authorized to enter into emergency contracts in an amount not to exceed fifteen thousand dollars ($15,000.00) with authorization of the Mayor without compliance with the requirements of Subsection
(I) entitled "Formal Competitive Bidding"; provided, however, all such purchases and the reasons therefor shall be reported in writing to the City Council at its next regular meeting. In the event of an emergency, the City Council may, by resolution, suspend these purchasing rules for the duration of such emergency and authorize the Purchasing Agent and/or department directors to make such emergency purchases as necessary exercising a "prudent man rule" for such purchases.
L. Negotiated Procurement. In lieu of instituting the competitive bidding process set forth in Section
100.140(I), the City Council may approve a negotiated procurement of goods or services if:
1.
There have been no responsive bids to an advertisement for bids pursuant to Section
100.140(I); or
2.
If the City Council has rejected all bids received pursuant to an advertisement for bids under Section
100.140(I); or
3.
The City Council determines that, based on the facts and circumstances of a particular situation, the purpose of the City's Purchasing Code to obtain the best value for goods and services would be frustrated by following the formal competitive bidding process of Section
100.140(I) and that negotiation with one (1) or more vendors would enhance the City's opportunity to procure proven, quality services or products in a more efficient and cost-effective manner.
M. Sole Source, Specialized And Non-Standard Items. The City Council
may, by resolution, approve negotiated procurement of goods or services
of any value if the City Council determines from all information submitted
to it by the purchasing agent and the using agency that use of a specific
product, manufacturer or vendor is desirable to maintain consistency
of equipment or such goods are of such specialized or non-standard
nature that they can be acquired only from a sole source of supply
or that no similar standard goods would reasonably satisfy the City's
requirements.
N. Professional Services. When professional services, in addition to
those provided by the City's employees and other officers, are
required by the City, the Purchasing Agent shall solicit a request
for qualifications (RFQ) from qualified vendors. In evaluating the
qualifications of each firm, the City shall use the following criteria:
1.
The specialized experience and technical competence of the firm
with respect to the type of services required;
2.
The capacity and capability of the firm to perform the work
in question, including specialized services, within the time limitations
fixed for completion of the project;
3.
The past record of performance of the firm with respect to such
factors as control of costs, quality of work and ability to meet schedules;
and
4.
The firm's proximity to and familiarity with the area in
which the project is located.
Following selection of the firm considered best qualified and
capable of performing the desired work, the Purchasing Agent shall
negotiate a contract for the project with the firm selected. Prior
to negotiation, the City shall prepare a written description of the
scope of work which shall be used as the basis for contract negotiations.
If the City is unable to negotiate a satisfactory contract with the
firm selected, the City shall then undertake negotiations with another
of the qualified firms selected.
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Architects, engineers and land surveyors are encouraged to annually
submit a statement of qualifications and performance data with the
Director of Public Works. If three (3) or more qualified firms are
on file offering a specific professional service needed by the City,
the Purchasing Agent need not advertise a request for qualifications
(RFQ); provided, however, nothing herein shall preclude the City from
advertising or soliciting for proposals.
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O. Real Estate. Real estate shall be acquired or sold by the City only
pursuant to a contract authorized and approved by an ordinance enacted
by the City Council.
P. Public Improvements.
1.
Public improvements covered by ordinances of the City shall
be contracted for in the manner provided in this Section.
2.
Emergency work or repairs requiring prompt attention, ordinary
maintenance work, work to be paid out of the General Fund of the City
for which specific provision was made in the budget and work to be
paid out of the appropriated proceeds of any bond issue authorized
by vote of the people shall be procured as provided by the provisions
of this Section applicable to the type of procurement involved.
Q. Inspection And Testing.
1.
The Purchasing Agent or his/her agent shall inspect or supervise
the inspection of all deliveries of supplies, materials, equipment
or contractual services to determine their conformance with the specifications
set forth in the order or contract.
2.
The Purchasing Agent may authorize using agencies or departments
having the staff and facilities for adequate inspection to inspect
all deliveries made to such using agencies under rules and regulations
which the Purchasing Agent shall prescribe.
3.
The Purchasing Agent shall have the authority to require chemical
and physical tests of bid and delivery samples to determine their
quality and conformance with the specifications. In the performance
of such tests, the Purchasing Agent shall have the authority to make
use of laboratory facilities of any outside laboratory.
R. Cooperative Purchasing. The Purchasing Agent shall have authority
to join with the State, County or any other governmental units in
cooperative purchasing when the best interests of the City would be
served by such cooperative purchasing and shall be considered in compliance
with the procedures of the Purchasing Code, provided that the process
for seeking such cooperative purchases must be done in accordance
with the principles and intent of these regulations.
S. Disposal Of Abandoned Property, Surplus Property And Cash.
1.
Definitions. For the purposes of this Section, the following
words and phrases shall have the meanings respectively ascribed to
them by this Subsection:
ABANDONED PROPERTY
Any such property which has been in the possession of the
Police Department for a period of more than ninety (90) days without
having been claimed by any person entitled thereto, including, but
not limited to, weapons, liquor, drugs, vehicles, bicycles, radios
and television sets.
SURPLUS PROPERTY
Property belonging to the City which is no longer needed
or used, including, but not limited to, vehicles, major equipment,
furniture, office equipment and supplies.
UNCLAIMED CASH
All money or cash coming into the possession of the Police
Department from any source whatever which has remained unclaimed and
the owner unknown.
2.
Abandoned Property. Abandoned property as defined in Subsection
(S)(1), Definitions, of this Section shall be deemed to be forfeited to the City.
3.
Authorization And Procedure To Dispose Of Abandoned Property.
The City Administrator (Purchasing Agent) is hereby authorized to
administer and implement the provisions of this Section and to dispose
of abandoned property, surplus property and/or unclaimed cash when
no other procedure for disposal is provided by the laws of the State
of Missouri in the following manner:
a.
Property known and classified as weapons, including, but not
limited to, knives, pistols, shotguns, rifles, clubs, and chains shall
be destroyed, except those which, in the judgment of the Chief of
Police, have unique value, are capable of Police Department use or
possess a trade-in value beneficial to the City. Such weapons so converted
become the property of the City, and upon documentation by the Chief
of Police and approval by the City Administrator.
b.
Property known and classified as intoxicating liquor of any
kind shall be destroyed.
c.
All property commonly known as "drugs" or "drug paraphernalia"
of any type shall be destroyed.
d.
The proper procedure for disposing of abandoned property as identified in Subsection
(S)(3)(a),
(b) and
(c) of this Section shall be as follows:
(1) The Chief of Police shall provide a listing to
the City Administrator of all items destroyed. Such listing shall
contain the date of possession, along with a statement of verification
cosigned by a witness that the items were destroyed and in what manner
so as to make them completely unusable. The statement shall also include
the date on which the items were destroyed.
(2) Abandoned property may be converted to use by the
City in its operations upon approval by the City Administrator.
(3) All abandoned property not otherwise disposed of
under any other provision of this Section shall be disposed of in
any of the following ways:
(a) At a public auction, to be held on the first day
of June each year or the nearest Saturday; a notice shall be published
at least once in a newspaper of general circulation in the City of
Overland, Missouri. This publication shall be at least ten (10) days
prior to the public auction or bid date.
(b) At an online auction, surplus and abandoned property
shall be sold through a competitive process or on the Internet. This
may be accomplished through the City's website or a separate
entity providing this service.
(c) Issuance of an invitation for sealed bid through
a notice to be published in a newspaper of general circulation by
the City Clerk in the County at least two (2) weeks prior to the date
specified for submission of bids. A public notice shall also be posted
on the City website and in a prominent public place at the government
center.
(d) Certain surplus property that is determined by
the City Administrator to be of such a character and use that it would
be more beneficial to offer as a trade-in to lower the cost of a related
expenditure, may be offered as such in a formal bid process.
(e) Certain surplus or abandoned property the value
of which is determined by the City Administrator to be of such a character
and use that a local charitable organization could benefit from such
items, may be given to a charitable organization pursuant to a written
agreement to provide in-kind services to the City for said items.
(f) Certain surplus or abandoned property the value
of which is determined by the City Administrator to be of such a character
and use that the general public or businesses generally would not
be interested in acquiring the item or items of surplus or abandoned
property at a public or online auction or through the invitation of
sealed bids, may be sold through a private negotiated sale to a purchaser
at the best price obtainable.
(g) Certain surplus or abandoned property the value
of which is determined by the City Administrator to be of such de
minimis or limited value as to not be efficiently sold by any means
as described in this Subsection may be discarded or sold for scrap
value.
(4) The City Administrator is hereby authorized to
execute all sale documents on behalf of the City. A copy of receipts
for items sold shall be retained in the records of the City for not
less than three (3) years of the auction, bid, trade-in, donation
or negotiated sale date.
e.
All monies received from the sale of such property shall be
turned over to the Director of Finance to be deposited in the General
Revenue Fund of the City.
4.
Authorization And Procedure To Dispose Of Surplus Property. The proper procedure for disposing of surplus property as defined in Subsection
(S)(1), Definitions, shall be in accordance with the provisions set forth in Subsection
(S)(3)(d)(3), Authorization and procedure to dispose of abandoned property.
5.
Authorization And Procedure To Dispose Of Unclaimed Cash.
a.
All money or cash coming into the possession of the Police Department
from any source whatever which is unclaimed and the owner unknown
shall within thirty (30) days of receipt be turned over to the Director
of Finance or their designee and a record thereof kept by him/her.
b.
Should the ownership of said money or cash be established within
a period of three (3) years from the date of its receipt, then the
Director of Finance shall turn the same over to the owner.
c.
After a period of three (3) years it shall be remitted to the
Office of the Missouri State Treasurer in accordance with applicable
State law.
6.
Section Not Applicable To Real Estate. No part of this Section
shall pertain to the sale or disposition of any real estate, or interests
in real estate, owned by the City of Overland.
T. Unauthorized Purchases. Except as provided in regulations prescribed
by the Purchasing Agent, it shall be unlawful for any officer or employee
of the City other than the Purchasing Agent to purchase materials,
supplies or equipment or to enter into contracts for any goods or
services and the City shall not be bound by any purchase ordered or
any contract made in violation of the provisions of this Section.
U. Liability Of Officer Violating Provisions. If any officer of the
City shall knowingly violate any provision of this Section, he/she
shall be personally liable to the City and liable under his bond,
if any, for any damages suffered by the City.
V. Local And Buy American Policy. It is the policy and intent of the
City in the awarding of contracts and the purchase of goods and materials
to encourage doing business with suppliers located within the City
or who supply or use manufactured products or commodities which have
been manufactured, assembled or produced in the United States. The
Purchasing Agent shall cause a notice to be included in all specifications
that the City prefers to purchase goods and commodities which qualify
as "American Made" products and shall require a statement from each
vendor of the percentage of the product manufactured, assembled or
produced in the United States.
W. Payment Of Bills. No bill shall be paid unless a warrant has been
first prepared and executed by the head of the department in which
the expense was incurred, the warrant approved by the following City
Officials:
1.
The director of the department in which the purchase has been
made to verify the authenticity of the purchase and receipt of the
goods included therein.
2.
The City Administrator to verify that the Purchasing Code has
been followed, that the item is being charged to the correct account
and that sufficient funds remain within the departmental budget.
3.
The City Administrator for final approval for purchases in excess
of seven thousand five hundred dollars ($7,500.00).
All open invoices shall appear on a "Payment Schedule —
By Vendor" list submitted to the City Council for review and approval.
No bill on said list shall be paid without approval of the City Council
except as authorized by the City Administrator. The City Administrator
is authorized to approve payment prior to Council approval for deposits,
all expenditures relating to payroll and utility bills, including
street lights, and such other bills for which reasonable discounts
can be received from early payment or when holding same for Council
approval would result in penalties to the City.
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X. Reimbursement Of Expenses.
1.
Purchases made using credit or debit cards, purchase cards or
store charges issued to or in the name of the City may be used only
for purchasing on behalf of the City by full-time employees in their
scope of employment. No personal purchases may be made even if it
is the intention of the employee or City official to reimburse the
City.
2.
Purchases made using credit or debit card, whether involving
use of a personal card or one issued to the City, are to be considered
personal obligations of the employee making such purchases and payment
of such cards shall be subject to reimbursement in accordance with
regulations established by the Purchasing Agent.