[Ord. No. 135, 10-13-2020[1]]
The following terms shall be defined as stated for purposes
of this Chapter:
A document which sets forth proposed revenues and expenses
to be incurred during a fiscal year for the various City operations.
The process of building, altering, repairing, improving or
demolishing any public structure or facility or other public improvement
of any kind.
A legally binding promise enforceable by law and, generally,
in writing.
Includes law, administration, police, parks and recreation,
public works and the office of the City Clerk.
A contract previously entered into by the City and currently
existing including, but not limited to, a term-and-supply contract,
an annual contract, a maintenance contract and a warranty contract.
A competitive bid which must be submitted in response to
an advertised request in a prescribed format pursuant to applicable
instructions, including typically that the bid be submitted in a sealed
envelope to be opened in public at a specified time.
A product, material or service.
The sale of an item of property in a market in which any
buyer or seller may trade and in which prices and product availability
are determined by free competition.
The value of an item to be purchased or sold.
Purchasing, renting, leasing or otherwise acquiring any supplies,
services, property or construction, including performance of any necessary
functions such as writing specifications, selection and solicitation
of sources, preparation and award of contract and contract administration.
A statement of price, terms of sale and description of property,
goods or services offered by a vendor to a prospective purchaser by
digital communication, letter, fax, telephone or other means of communication.
A quotation (or "quote") is not required to be in writing from the
vendor; however, some written memorandum of the elements listed above
must be maintained.
An internal document by which a department sends details
of supplies, services or material required to the Purchasing Agent.
A description of the physical or functional characteristics
or the nature of a supply, service, property or construction item;
the requirements to be satisfied by a product or process; indicating,
if appropriate, the procedures to determine whether the requirements
are satisfied and/or the capabilities and performance characteristics
that the item must satisfy.
[1]
Editor's Note: Former Chapter 135, Procurement — Conflict
Of Interest, was repealed 10-13-2020 by Ord. No. 135.
[Ord. No. 135, 10-13-2020]
The City Clerk is hereby designated as the Purchasing Agent
for the City. The City Clerk, when authorized, shall procure for the
City the bids for all supplies and contractual services needed by
the City in accordance with the procedures prescribed by this Chapter
or required by law.
[Ord. No. 135, 10-13-2020]
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.
Prepare and adopt written specifications for all supplies and services.
3.
Discourage uniform bidding and endeavor to obtain as full and open
competition as possible on all purchases and sales.
4.
Keep informed of current developments in the field of purchasing,
prices, market conditions and new products and secure for the City
the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations
and by private businesses and organizations.
5.
Prescribe and maintain such forms necessary for the operation of
the purchasing function.
6.
Prepare, adopt and maintain a vendor's catalog file. Said catalog
shall be filed according to materials and shall contain descriptions
of vendor's commodities, prices and discounts.
7.
Exploit the possibilities of buying "in bulk" so as to take full
advantage of discounts.
8.
Act so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
9.
Have the authority to declare vendors who default on their quotations
irresponsible bidders and to disqualify them from receiving any business
from the municipality for a stated period of time.
10.
Inspect or supervise the inspection of all deliveries with regard
to quantity and conformance to specifications.
11.
Pursue all appropriate claims against the supplier, shipper or carrier.
[Ord. No. 135, 10-13-2020]
A.
Each
City department or agency shall file with the Purchasing Agent detailed
requisitions or estimates of their requirements in supplies and contractual
services in such manner, at such times and for such future periods
as the Purchasing Agent shall prescribe.
1.
A City department or agency shall not be prevented from filing in
the same manner with the Purchasing Agent at any time a requisition
or estimate for any supplies and contractual services, the need for
which was not foreseen when the detailed estimates were filed.
2.
The Purchasing Agent shall examine each requisition or estimate and
shall have the authority to revise it as to quantity, quality or estimated
cost.
[Ord. No. 135, 10-13-2020]
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
that will create a substantial conflict of private interest and the
public interest; nor shall he/she or any firm or business entity of
which he/she is and officer, agent or member or the owner of substantial
interest sell any goods or services to any business entity that is
licensed by or regulated in any manner by the agency in which the
officer or employee serves.
[Ord. No. 135, 10-13-2020]
No officer or employee of this City shall enter into any private
business transaction with any person or entity that has 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.
[Ord. No. 135, 10-13-2020]
[Ord. No. 135, 10-13-2020]
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 of value whatsoever, 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 100.210 of the Sparta City Code.
[Ord. No. 135, 10-13-2020]
A.
General
Guidelines.
1.
Buying Preferences. It is the desire of the City to purchase from
City of Sparta, Missouri, and/or American vendors whenever possible.
When all other factors are equal, preference shall be provided to
City of Sparta vendors first (1st), Missouri vendors second (2nd)
and American vendors third (3rd). To be considered a City of Sparta
vendor, the person or entity must have a physical place of business
located in the City and a City business license. To be considered
a Missouri vendor, the person or entity must have a physical place
of business in the State and authority to conduct business in the
State. To be considered an American vendor, the person or entity must
have a physical place of business in the country and authority to
conduct business in the country.
2.
Recycled Products. The City shall purchase recycled-content products
in preference to those made from virgin materials when cost, quality,
variety, quantity, delivery time and any other defined specifications
are comparable to products made from virgin materials.
3.
Planning. Small orders and last-minute purchases should be minimized,
thereby increasing the capability of each department to purchase its
goods and services in larger quantities in order to obtain the maximum
discounts possible.
4.
Buying Proper Quality. It is the duty of the requisitioning department
to secure the best quality for the purpose intended. "Quality buying"
is the buying of goods or services that will meet or exceed the requirements
for which they are intended.
5.
Sales Tax. The City is generally exempt from paying local and State
sales taxes and Federal excise taxes. The City Clerk will provide
the necessary exemption documents to any vendor upon request.
6.
Endorsements. It is the policy of the City not to endorse or in any
way permit an employee's name, position or the City's name to be used
and advertised as supporting a product or vendor.
7.
Lowest Responsible Bidder. Contracts for purchases shall be awarded
to the lowest and best bidder. In determining the "lowest responsible
bidder," in addition to price, the City will consider, when applicable,
the following:
a.
The ability, capacity and skill of the bidder to perform the contract
or provide the service required.
b.
Whether the bidder can perform the contract or provide the service
promptly or within the time specified without delay or interference.
c.
The character, integrity, reputation, judgment, experience and efficiency
of the bidder.
d.
The quality of performance of previous contracts or services.
e.
The previous and existing compliance by the bidder with applicable
laws.
f.
The sufficiency of the financial resources and ability of the bidder
to perform the contract or provide the service.
g.
The quality, availability and adaptability of the supplies or contractual
services to the particular use required.
h.
The ability of the bidder to provide future maintenance and service
for the use of the subject of the contract.
i.
The number and scope of conditions attached to the bid.
j.
Any other pertinent factor.
B.
Purchasing
Procedures For Materials And Supplies.
1.
Purchases with material value below one thousand dollars ($1,000.00)
within total budget may be made by the Purchasing Agent without a
quotation.
2.
Purchases with material value from one thousand dollars one cent
($1,000.01) to five thousand dollars ($5,000.00) within total budget
and not available through an existing purchasing contract may be made
by the Purchasing Agent. Prior to placing an order, the Purchasing
Agent should obtain the lowest cost through quotations whenever reasonably
possible.
3.
Purchases with material value from five thousand dollars one cent
($5,000.01) to twenty thousand dollars ($20,000.00) within total budget
and not available through an existing purchasing contract may be made
by the Purchasing Agent with the approval of the Mayor. Such purchase
must have at least three (3) quotations.
4.
Purchases with material value greater than twenty thousand dollars
one cent ($20,000.01) within total budget and not available through
an existing purchasing contract may be ordered by the Mayor with the
approval of the Board of Aldermen. For any such purchase, a formal
written bid must be advertised once a week on the same day for two
(2) consecutive weeks in a written and/or electronic publication of
general circulation. Any purchase request having a value greater than
twenty thousand dollars one cent ($20,000.01) that is outside the
total budget may be ordered only after a formal written bid, advertised
once a week on the same day for two (2) consecutive weeks in a written
and/or electronic publication of general circulation and formal approval
by a majority of the Board of Aldermen.
5.
Multiple Or Repeat Orders. Multiple or repeat orders from the same
vendor during any consecutive five (5) business days cannot be used
to avoid the requisite approvals for the total purchase amount.
6.
Special Circumstances. On purchases of less than twenty thousand
dollars ($20,000.00), if less than three (3) quotations are received
and the quotations all exceed the amount budgeted for the purchase,
departments should either request new quotations for the desired goods
or services or obtain approval from the Mayor to proceed based on
the initial quotation(s) on the grounds that special circumstances
exist such that requests for new quotations would not generate a different
result. Such special circumstances should be explained by the department
in a written memorandum.
C.
Professional
Services Contracts.
1.
Contracts for professional services provided by legal counsel, financial
advisors, physicians, certified public accountants, engineers, architects,
land surveyors, brokers, consultants and other specialized or technical
services shall be obtained through the special procurement procedures
set forth in this Section.
2.
Requests for qualifications for professional services shall be submitted
to the Mayor for review and approval prior to distribution. When a
RFQ for professional services is approved, a number of qualified professionals
will be invited to submit a proposal setting forth their interest,
qualifications and description of proposed services. The Mayor will
then proceed with the necessary stages of the selection process, including,
but not limited to, development of a selection committee, grading
of proposals based upon fair and equitable grading criteria, ranking
of interviews based upon fair and equitable criteria and negotiation
of a contract with the professionals deemed to best meet the City's
needs.
3.
Unless otherwise required by State Statute and upon approval of the
Mayor, professional services contracts under twenty thousand dollars
($20,000.00) annually, may be exempt from the request for qualifications
process.
4.
Professional services contracts for twenty thousand dollars ($20,000.00)
or more, annually, must be approved by the Board of Aldermen.
D.
Emergency
Purchases. In the case of an emergency which requires immediate purchase
of supplies or services, the Mayor may authorize such purchase or
secure such services needed without complying with the procedures
as set out above. Departments faced with an emergency purchase need
shall notify the Mayor as soon as possible. When possible [if purchase
is greater than twenty thousand dollars ($ 20,000.00)] in such an
emergency, the Mayor shall seek approval from the Board of Aldermen
at a special or regular meeting prior to the purchase. If a timely
special or regular meeting of the Board of Aldermen is not possible,
a full report of such an emergency purchase shall be made by the Mayor
to the Board of Aldermen as soon as possible.
E.
Lease
Of Real Property.
1.
The City may lease real property that it owns for fair market value,
if authorized by the Board of Aldermen when such property is currently
underutilized, in order to maximize the economic return of the property
to the City until such time as such property shall be required for
public usage.
2.
Nothing herein shall prevent the Mayor from negotiating a higher
rent for a lessee of any real property that is shown to have a unique
value to such lessee due to its configuration, accessibility or size,
subject to approval from the Board of Aldermen.
F.
Sale
Of Real Property.
1.
The City may sell unneeded real property for fair market value with
the approval of the Board of Aldermen.
2.
Nothing herein shall prevent the Mayor from negotiating a higher
price for sale or trade to a buyer for any real property that is shown
to have a unique value to such buyer due to its configuration, accessibility
or size, subject to approval from the Board of Aldermen.
G.
Disposal
Of Surplus Goods. The City should promptly dispose of all surplus
property to the economic advantage of the City. Competitive selling
of surplus, obsolete or unusable goods is required through sealed
bids, auction, open market sales, electronic publication or other
available means. The disposal of all such goods requires the approval
of the Mayor; additional approval by the Board of Aldermen is required
for goods in excess of twenty thousand dollars ($20,000.00) in total
material value. Trade-in opportunities should be pursued when available
to reduce the City's purchasing costs. Approvals of a trade-in shall
be handled in conjunction with the approval of the new purchase as
dictated by the purchase price. The Mayor is hereby authorized to
dispose of any surplus property by transfer to any governmental agency
within the State of Missouri regardless of the value of the surplus
property.
H.
Purchasing
Policy Supplements. In the event a specific procurement procedure
is required to be in writing when the City is purchasing an item which
is funded in whole or in part by grant funds, the Mayor shall have
the authority to supplement this Section to incorporate the special
requirements of that procurement.
I.
Policy
Clarification. The Mayor may clarify the provisions of this Section
by written statement, provided the Mayor cannot alter in any way the
extent to which Board of Aldermen action is required hereunder.
