[R.O. 2010 §130.010; CC 1970 §2-71; Ord. No. 21-79 §1, 11-27-1979]
This Chapter shall be known as the "Purchasing Code of the City of Glendale".
[R.O. 2010 §130.020; CC 1970 §2-72; Ord. No. 21-79 §2, 11-27-1979]
Every officer, agent and employee of the City is hereby prohibited from accepting for himself/herself, or any member of his/her family, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded, any gift, rebate, money or anything of value whatsoever, except where given for the use and benefit of the City.
[R.O. 2010 §130.030; CC 1970 §2-73; Ord. No. 21-79 §3, 11-27-1979; Ord. No. B05-10 §1, 6-7-2010]
A.
The City Administrator is hereby designated and authorized to serve as Purchasing Agent for the City. In the event that the City Administrator shall be temporarily disabled or absent from the City, the City Clerk shall serve as Acting Purchasing Agent.
B.
The Purchasing Agent shall, in accordance with and subject to the rules, regulations and procedures of this Chapter and all applicable State laws:
1.
Direct, supervise and be responsible for the procurement and acquisition of all materials, supplies and equipment, and all contractual services funded wholly or partially, either directly or indirectly, by City funds; 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.
2.
Be empowered to purchase materials, supplies and equipment in amounts up to and including five thousand dollars ($5,000.00).
3.
Sell or dispose of all obsolete or unusable personal property of the City.
[R.O. 2010 §130.040; CC 1970 §2-74; Ord. No. 21-79 §4, 11-27-1979]
A.
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 Chapter.
B.
Any such regulations or procedures adopted by the Purchasing Agent shall become effective immediately upon approval of the Board of Aldermen; provided however, that such regulations and procedures shall become effective automatically thirty (30) days after submission to the Board of Aldermen unless the Board shall disapprove them prior to the expiration of such thirty (30) day period.
[R.O. 2010 §130.050; CC 1970 §2-75; Ord. No. 21-79 §5, 11-27-1979; Ord. No. 27-87 §4, 9-8-1987; Ord. No. B05-10 §1, 6-7-2010]
A.
Supplies, materials, equipment and contractual service shall be procured only after obtaining formal written bids when the estimated value of the proposed procurement is in excess of five thousand dollars ($5,000.00), or when so directed by the Mayor or majority of the Board of Aldermen or required by the laws of the State. No contract or purchase shall be subdivided to avoid compliance with this Section.
B.
Competitive bids may be invited through a notice to be published in the St. Louis Countian or any newspaper of general circulation in the City at least two (2) weeks prior to the date specified for submission of bids. Such notice shall also be posted in a prominent location at the City Hall.
The Purchasing Agent may also solicit bids by mail to at least three (3) known vendors.
C.
The Purchasing Agent may advertise for bids only after so notifying the Mayor and Board of Aldermen in writing.
D.
All bids shall be sealed, shall be submitted within the time and at the place stated in the public notice and shall be identified as bids on the envelope. Time and date of receipt of bids shall be recorded on the envelope containing the bid.
E.
The Purchasing Agent shall publicly open and read aloud all bids at a time and place announced in advance to bidders. Such bids shall be publicly opened and read aloud at the next regular meeting of the Board of Aldermen whenever so directed by the Mayor or a majority of the Board of Aldermen or required by the laws of the State. Prior to the next meeting of the Board of Aldermen following bid opening, the Purchasing Agent, in conjunction with the department head affected, shall prepare a written summary of bids received, provide an analysis of the bids and recommend the best bidder to the Board of Aldermen.
F.
After consideration of all pertinent information, the Board of Aldermen shall, by resolution, approved by the Mayor, award the contract to the lowest responsive, responsible, timely and best bidder for the goods or services to be procured; provided however, that the Board of Aldermen shall have the authority to reject all bids.
G.
Subsequent to the award duly approved as set forth herein, the Purchasing Agent shall by purchase order or contract enter into an agreement with the bidder so selected.
H.
The provisions of this Section shall not apply to the purchase of utilities from Ameren UE, Laclede Gas, AT&T Telephone or the Missouri American Water Company.
I.
The Mayor and the Board of Aldermen may, by resolution, approve negotiated procurement of goods or services of a value in excess of five thousand dollars ($5,000.00), if:
1.
There has been no response to an advertisement for bids or if the Mayor and a majority of the Board of Aldermen has rejected any bids; or
2.
The Mayor and a majority of the Board of Aldermen determine that such goods or services are of such specialized or nonstandard nature that they can be acquired only from a sole source of supply and that no similar standard goods would reasonably satisfy the City's requirements.
J.
The purchase of American goods shall be encouraged by the Purchasing Agent and his/her subordinates whenever:
1.
Purchases are in excess of five thousand dollars ($5,000.00). The Purchasing Agent and subordinates will attempt to select products manufactured, assembled or produced in the United States if the quality and price are comparable with other goods.
2.
Contracts for public works construction or maintenance are in excess of five thousand dollars ($5,000.00). The contract shall contain a provision requesting the contractor to use American products in the performance of the contract whenever the quality and price are comparable with other goods.
[R.O. 2010 §130.060; CC 1970 §2-76; Ord. No. 21-79 §6, 11-27-1979; Ord. No. B05-10 §1, 6-7-2010]
The Purchasing Agent shall, without prior authority, acquire in the open market all goods and services of less than five thousand dollars ($5,000.00); provided, that there is a sufficient unencumbered balance in the appropriation account of the appropriate department. Such acquisition shall be based upon sound procurement principles. Formal bids shall not be required, but whenever practicable, purchases of the valuer between one thousand dollars ($1,000.00) and five thousand dollars ($5,000.00) shall be based upon quotations from three (3) or more vendors.
[R.O. 2010 §130.070; CC 1970 §2-77; Ord. No. 21-79 §7, 11-27-1979]
A.
Real Estate. Real estate shall be acquired and sold by the City only pursuant to a contract authorized and approved by an ordinance duly enacted.
B.
Public Improvements. Public improvements shall be competitively bid in accordance with Section 130.050 and contracts for such work shall be authorized and approved by ordinance duly enacted; provided however, that emergency work or repair requiring prompt attention shall be procured in accordance with Section 130.060 subject to approval by the Mayor.
C.
Professional Services. When professional services in addition to those provided by the City's officers and employees are required by the City, investigation shall be made in the manner directed or approved by the Mayor and the Board of Aldermen. On the basis of such investigation and negotiation, the Mayor and Board of Aldermen shall then, by ordinance duly enacted, approve a contract for the required professional service.
D.
Insurance. At least once every five (5) years, the Mayor and Board of Aldermen shall designate an agent-of-record, selected in accordance with Subsection (C) of this Section, who shall, at least sixty (60) days in advance of expiration of any insurance policy, prepare and review with the Mayor and the Board of Aldermen insurance coverage required for the City.
The agent-of-record shall review and evaluate all proposals for insurance coverage received by the City and shall, at least fourteen (14) days in advance of policy expiration date, recommend to the Mayor and the Board of Aldermen companies to provide the proposed coverage.
The Mayor and the Board of Aldermen shall then select the company or companies to provide the required insurance coverage.
[R.O. 2010 §130.080; CC 1970 §2-78; Ord. No. 21-79 §8, 11-27-1979]
The Purchasing Agent shall have authority to join with other governmental units in cooperative purchasing when the best interests of the City would be served. Purchases made under cooperative contracts entered into through the County or the State shall be deemed to be in compliance with the bidding requirements of Section 130.050.
[R.O. 2010 §130.090; CC 1970 §2-79; Ord. No. 21-79 §9, 11-27-1979]
A.
When deemed necessary by the Purchasing Agent, a bid bond may be required. A successful bidder shall forfeit his/her bid bond if he/she fails to enter into a contract within twenty (20) days after the award.
B.
When deemed necessary by the Purchasing Agent, the successful bidder may be required to post a performance bond; 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 contract.
[R.O. 2010 §130.100; CC 1970 §2-80; Ord. No. 21-79 §10, 11-27-1979]
A.
The Purchasing Agent shall have the authority to transfer surplus supplies, materials and equipment to other departments or to exchange such surplus items on new supplies, materials or equipment.
B.
Surplus, obsolete or unusable supplies, materials or equipment whose estimated value is five hundred dollars ($500.00) or more shall be sold by formal written contract to the best responsible bidder after due notice inviting bids.
C.
Sales of surplus, obsolete or unusable personal property valued at less than five hundred dollars ($500.00) shall be made in the open market and in accordance with the procedure set forth for open market purchase.
[R.O. 2010 §130.110; CC 1970 §2-81; Ord. No. 21-79 §11, 11-27-1979]
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 contract for purchase of 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 Chapter.
[R.O. 2010 §130.120; CC 1970 §2-82; Ord. No. 21-79 §12, 11-27-1979]
If any officer or employee of the City shall knowingly violate any provision of this Chapter, he/she shall be personally liable for payment for such goods or services and for any damages suffered by the City.