[Ord. No. 184 §1, 3-8-1993]
The purchasing agent shall be the City Administrator. The purchasing
agent shall procure for the City the bids for all supplies and contractual
services needed by the City, in accordance with the procedure prescribed
by this Chapter or required by law.
[Ord. No. 184 §2, 3-8-1993]
A.
In
addition to the purchasing authority conferred in the preceding Section,
and in addition to any other powers and duties conferred by this or
other ordinances, the purchasing agent 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.
Maintain a vendor catalog file.
4.
Act so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
5.
Have the authority to declare vendors who default on their quotations
irresponsible bidders and to disqualify them from receiving any business
from the City for a stated period of time.
6.
Inspect or supervise the inspection of all deliveries with regard
to quantity, quality and conformance to specifications.
7.
Pursue all appropriate claims against the supplier, shipper or carrier.
[Ord. No. 184 §3, 3-8-1993]
A.
No
employee, officer or agent of the City shall participate in selection
or in the award of administration of a contract if a conflict of interest,
real or apparent, would be involved.
1.
Such a conflict would arise when the employee, officer or agent,
any member of his/her immediate family, his/her partner, or an organization
which employs or is about to employ any of the above has a financial
or other interest in the firm selected for award.
2.
No officer or employee of the City shall transact any business in
his/her official capacity with any business entity of which he/she
is an officer, agent, or member or in which he/she owns a substantial
interest; nor shall he/she make any personal investments in any enterprise
which will create substantial conflict between his/her private interest
and the public interest; nor shall he/she or any firm or business
entity of which he/she 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 agency
in which the officer or employee serves.
[Ord. No. 184 §4, 3-8-1993]
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/she shall be disqualified from rendering
any decision or passing any judgment upon the same.
[Ord. No. 184 §5, 3-8-1993]
[Ord. No. 184 §6, 3-8-1993]
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 exceeding fifty dollars ($50.00) in value, except where given for the use and benefit of the City. Violation of the provisions of this Section shall, upon conviction thereof, be punished as provided in Section 100.220.
[Ord. No. 184 §7, 3-8-1993; Ord. No. 407 §§1 — 2, 10-16-2000; Ord. No. 490 §1, 8-5-2002]
A.
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 purchase price is not more than five hundred dollars ($500.00), the purchasing officer may authorize department heads to approve such purchases. Purchases shall be completed in the most expedient manner with due regard for local vendors, competitive prices and quality in accordance with Section 130.130, Open Market Procedures. Purchase orders are required for purchases over fifty dollars ($50.00). Funds must be available within the adopted department budget.
2.
If the purchase price is for more than five hundred dollars ($500.00) but no more than one thousand five hundred dollars ($1,500.00), a department head shall determine by mail, telephone, catalogue or store pricing prospective vendor's prices from which the most advantageous price shall be accepted. Such purchases shall be made with due regard for local vendors, competitive prices and quality in accordance with Section 130.130, Open Market Procedures. A purchase order is required prior to purchase. The purchasing officer shall review and approve or disapprove the purchase order. If the purchasing officer is making the purchase, the Mayor shall review and approve or disapprove the purchase order. If funds are not available within the adopted department budget, approval of the Board of Aldermen shall be obtained prior to purchase.
3.
If the purchase price is for more than one thousand five hundred
dollars ($1,500.00) but not more than five thousand dollars ($5,000.00),
at least three (3) price quotes shall be obtained by mail, telephone,
catalogue or store pricing from at least three (3) prospective vendors
from which the most advantageous price shall be accepted. The purchasing
officer may reject any and all quotes. If the purchasing officer is
making the purchase, the Mayor shall review and approve or disapprove
the purchase order. A purchase order shall be completed in advance
of purchase and requires approval by the department head and the purchasing
officer. A written record of the obtained prices shall be attached
to the purchase order along with the receipt of purchase. If funds
are not available within the adopted department budget, approval of
the Board of Aldermen shall be obtained prior to purchase.
4.
If the purchase price is for more than five thousand dollars ($5,000.00)
but not more than ten thousand dollars ($10,000.00), written bids
shall be solicited. Whenever possible, at least three (3) bids should
be obtained from qualified vendors. The Board of Aldermen shall determine
the lowest responsible bid and may reject any and all bids.
5.
All supplies and contractual services estimated to cost in excess
of ten thousand dollars ($10,000.00) shall be purchased by formal,
written contract from the lowest responsible bidder, after due notice
inviting sealed, written proposals. Whenever possible, at least three
(3) bids should be obtained from qualified vendors. The Board of Aldermen
shall determine the lowest responsible bid and may reject any and
all bids or proposals.
6.
Individual contracts, purchases or sales, be they for goods, supplies, commodities or services, shall not be excluded from the requirement of competitive bidding hereinabove described, except as provided in this Chapter and as provided for professional services as set forth in Section 130.140.
7.
Individual contracts or purchases shall not be subdivided for the
purpose of evading the requirements of this Chapter.
[Ord. No. 184 §8, 3-8-1993]
A.
For
each contract exceeding one hundred thousand dollars ($100,000.00)
the City will require the following guarantees:
1.
A bid guarantee from each bidder equivalent to five percent (5%)
of the bid price. This may be secured through a bid bond or a certified
check.
2.
A performance bond of one hundred percent (100%) of the contract
price on the part of the contractor to ensure completion of the contract.
3.
A payment bond for one hundred percent (100%) of the contract price
on the part of the contractor to ensure payment to all persons supplying
labor and materials.
4.
An irrevocable letter of credit issued by a bank may be used in place
of a performance bond.
B.
Bids
must be based on a firm fixed price, based on either unit price or
cost-plus-fixed-free. Cost plus a percentage of cost and percentage
of construction cost method of contracting will not be accepted.
C.
All
contracts other than small purchases shall contain provisions which
describe administrative, contractual and/or legal remedies when contractors
violate contract terms and provide for appropriate damages.
[Ord. No. 184 §9, 3-8-1993]
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 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 which avoids specific brand name requirements, 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 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 shall make an effort to attract small and minority-owned
businesses (MBEs), women's business enterprises (WBEs) and labor surplus
area firms to bid on goods and services purchased with Federal funds
through direct notification. Such notification will be done by certified
mail.
4.
The purchasing agent shall also advertise all pending purchases or
sale by a notice posted on the public bulletin board in the City Hall.
5.
The purchasing agent shall also solicit sealed bids by direct mail
request to prospective vendors and by telephone as may seem to him/her
to be in the best interest of the City.
[Ord. No. 184 §10, 3-8-1993]
Sealed bids shall be submitted to the purchasing agent 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. 184 §11, 3-8-1993]
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 contracts 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 the 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. 184 §12, 3-8-1993]
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. 184 §13, 3-8-1993; Ord. No. 490 §1, 8-5-2002]
A.
All purchases of supplies and contractual services and all sales of personal property which have become obsolete and unusable for the estimated value of five thousand dollars ($5,000.00) or less and in accordance with Subparagraphs (1), (2) and (3) of Section 130.070 of this Chapter, may be made in the open market without newspaper advertisement, bids or proposals and without observing the procedures prescribed by Section 130.100 for the award of formal contracts or Section 130.140 for procuring professional services.
Any employee of the City making a purchase involving an immediate
cash expenditure of less than fifty dollars ($50.00) shall be reimbursed
by the City Treasurer upon submission of a sales ticket for the purchase.
1.
All open market purchases in excess of five hundred dollars ($500.00)
but not in excess of five thousand dollars ($5,000.00) shall, whenever
possible, be based on at least three (3) competitive prices which
may be either oral or written, by mail, telephone, catalogue or store
pricing and shall be awarded as determined by the purchasing officer
to the most advantageous bidder. The purchasing officer shall reserve
the right to reject any and all purchases.
2.
Individual contracts or purchases shall not be subdivided for the
purpose of evading the requirements of this Section.
3.
The purchasing officer or his designate shall keep a record of all
open market purchases and the prices submitted in competition thereon,
and such records shall be open to public inspection.
4.
The purchasing officer or his designee shall from time to time make
random checks as to prices being quoted by various competing suppliers
for qualified services, equipment and supplies.
[Ord. No. 490 §1, 8-5-2002]
A.
The
requirement of competitive bids or proposals for supplies, equipment
or services may be waived by the purchasing officer when the purchase
price does not exceed five thousand dollars ($5,000.00) and the purchasing
officer has determined in writing that the purchase qualifies under
this Section for sole source purchasing. Immediately upon discovering
that other feasible sources exist, the purchasing officer shall rescind
such waiver and proceed to procure the supplies, equipment or service
through the competitive processes as described in this Chapter. A
qualified sole source exists when:
1.
Supplies are proprietary or based on past procurement experience,
it is determined the item is only available from the manufacturer,
or that only one (1) distributor services the region in which the
supplies are needed; or
2.
Supplies are available at a discount from a single distributor for
a limited period of time; or
3.
Where bids, contracts or cooperative purchasing agreements are previously
established; or
4.
Where professional services of a specialized nature are required
as determined by the Board of Aldermen; or
5.
Where the standardization of parts and replacement is necessary,
and where ensuring compatibility with existing City equipment is in
the best interest of the City; or
7.
For reasons as deemed necessary by the Board of Aldermen.
B.
The
requirement of competitive bids or proposals for supplies, equipment
or services may be waived when the purchase price exceeds five thousand
dollars ($5,000.00) if so directed by the Board of Aldermen. Any request
that a procurement be restricted to one (1) potential supplier shall
be accompanied by a written and signed explanation as to why no other
supplier's product will be suitable or acceptable to meet the needs
of the City.
[Ord. No. 184 §14, 3-8-1993; Ord. No. 490 §1, 8-5-2002]
A.
The purchasing officer may determine whether to utilize competitive bidding as described in Section 130.070 or competitive negotiation to procure professional services.
1.
Under competitive negotiation only fixed price or cost reimbursement
contracts may be awarded.
2.
Proposals must be solicited from three (3) or more qualified sources
to permit reasonable competition consistent with the nature and requirements
of the procurement.
3.
A request for qualifications or a request for proposals must be issued
and publicized which identifies all the factors that will be used
to evaluate submissions, including the importance that price or cost
will play in the selection.
4.
All proposals received must be evaluated. A written method for evaluation,
which includes the significant factors to be used to determine the
contract selection award, will be prepared and publicized along with
the request for qualifications/proposals.
5.
The award will be made to the offerer whose qualifications/proposal
is to be most advantageous to the City considering prices and other
factors identified in the request for qualifications/ proposals. The
basis for selection must be documented in writing.
6.
Unsuccessful offerers will be notified promptly in writing.
[Ord. No. 184 §15, 3-8-1993; Ord. No. 490 §1, 8-5-2002]
There is hereby appropriated out of the money in the General
Fund, not otherwise appropriated, the sum of one hundred dollars ($100.00)
which shall be known as the Petty Cash Expenditures Revolving Fund.
The City Treasurer shall be responsible for the day-to-day maintenance
and safe keeping of this fund. From this fund shall be paid all purchases
not in excess of fifty dollars ($50.00) each made by authorized persons
for incidentals. The purchasing officer shall develop rules and regulations
for use and reconciliation of the Petty Cash Revolving Fund.
[Ord. No. 184 §16, 3-8-1993; Ord. No. 490 §1, 8-5-2002]
A.
Not
withstanding any other provisions of this Chapter, a department head
or the City Administrator may make or authorize others to make emergency
procurement of supplies, equipment, services or construction items
when there exists a threat to public health, welfare or safety, provided
that such emergency procurements shall be made with such competition
as is practicable under the circumstances. A written determination
of the basis for the emergency and for the selection of the particular
contractor shall be included in a record of each emergency procurement
which shall be made and shall set forth the contractor's name, the
amount and type of the contract, and a listing of the item(s) procured
under the contract. A copy of the record shall be given within five
(5) days of the purchase to the City Administrator, the City Treasurer
and the Board of Aldermen.
B.
An
emergency exists when a breakdown in equipment, machinery and/or a
threatened termination of essential services, including maintenance
and repair of essential office equipment, or a dangerous condition
develops, or when supplies are needed for immediate use in work which
may vitally affect the safety, health or welfare of the public.
[Ord. No. 184 §17, 3-8-1993]
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 approval of the Board of Aldermen. Any purchase made pursuant to this Section is not subject to Section 130.070 of this Chapter.
[Ord. No. 710 §§1 —
4, 4-16-2007]
A.
Bank
issued corporate credit cards may be issued to the City Administrator
and the current Mayor or other personnel as authorized by the Board
of Aldermen.
B.
A credit
card issued to the City Administrator or Mayor for the City of Foristell
can be used for purchases when time is of the essence to save the
City money, if it is the only form of payment accepted for a product
or service by a vendor and there are no alternative vendors within
reason, or it is required for travel purposes such as reserving a
room. The credit card issued to the current Mayor will be kept by
the City Treasurer for use in emergency situations or for travel sanctioned
by the Board of Aldermen. The credit card issued to the City Administrator
will be checked out through the Treasurer by filling out the credit
card use log sheet detailing the purchase. Use of this card requires
authorization by the City Administrator.
C.
Credit
cards issued by local vendors for the sole use at their business will
be under the jurisdiction of the Treasurer/Bookkeeper. Cards must
be checked out through the Treasurer by filling out the credit card
use log sheet detailing the purchase. A receipt must be turned in
to the Treasurer at the time of purchase.
D.
State
Statute prohibits a municipality from extending credit to employees,
officials or citizens; therefore, no cardholder may procure goods
or services for personal purposes. A personal use of a credit card
consists of an item that is not a legitimate business expense and
must be reimbursed to the City.
