[CC 1985 § 2-13; Ord. No. 577 § 1, 7-7-1997]
The purchasing agent or agents within
each City department shall be appointed by the Mayor with the approval
of the City Council. The purchasing agents, 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.
[CC 1985 § 2-13; Ord. No. 577 § 2, 7-7-1997]
A.
In addition to the purchasing authority conferred in Section 135.010, and in addition to any other powers and duties conferred by this Chapter or other ordinance, 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 vendors'
catalog file. Said catalog shall be filed according to materials and
shall contain descriptions of vendors' 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, quality and conformance
to specifications; and
11.
Pursue all appropriate claims against
the supplier, shipper or carrier.
[CC 1985 § 2-13; Ord. No. 577 § 3, 7-7-1997]
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.
[CC 1985 § 2-13; Ord. No. 577 § 4, 7-7-1997]
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 between his/her private interest and the public interest;
nor shall he/she or any form or business entity of which he/she is
an officer, agent or member, or the owner of substantial interest,
sell any goods or services in any business entity that is licensed
by or regulated in any manner by the agency in which the officer or
employee serves.
[CC 1985 § 2-13; Ord. No. 577 § 5, 7-7-1997]
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.
[CC 1985 § 2-13; Ord. No. 577 § 6, 7-7-1997]
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.
[CC 1985 § 2-13; Ord. No. 577 § 7, 7-7-1997; Ord. No. 728, 11-5-2001; Ord. No. 966, 11-2-2009]
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.
The purchasing agent or department
heads may contract for the purchase of any supplies, materials, equipment
or services costing less than one thousand ($1,000.00) by making open
market purchases from vendors with proven ability to furnish supplies,
materials, equipment and services as the lowest and best price.
2.
If the consideration is for more
than one thousand dollars ($1,000.00) but less than ten thousand dollars
($10,000.00), the purchasing agent or department head shall solicit
by telephone, written notice or otherwise at least three (3) bids
if three (3) independent vendors are available. The purchasing agent
shall keep a record of all solicitations made under this Section.
The purchasing agent or department head may reject any or all bids,
or may award the contract to the bidder that is, in the judgment of
the purchasing agent or department head, the lowest and best, responsive
and responsible bidder.
3.
If the consideration is for more
than ten thousand dollars ($10,000.00) but less than twenty-five thousand
dollars ($25,000.00), three (3) written bids shall be solicited if
three (3) independent vendors are available. The purchasing agent
shall keep a record of all solicitations made under this Section.
The Mayor, after consulting with all affected departments, may reject
any or all bids, or may award the contract to the bidder that is,
in the judgment of the Mayor, the lowest and best, responsive and
responsible bidder.
4.
All supplies and contractual services
estimated to cost in excess of twenty-five thousand dollars ($25,000.00)
shall be purchased by formal, written contract from the lowest responsible
bidder, after due notice inviting proposals. Whenever possible, at
least three (3) bids shall be obtained from prospective, qualified
vendors. The purchasing agent shall keep a record of all solicitations
made under this Section. The Mayor, after consulting with all affected
departments, may reject any or all bids, The Mayor will recommend
and the City Council shall approve any contract with or purchase from
the bidder that is the lowest and best, responsive and responsible
bidder.
5.
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.
6.
Individual contracts or purchases
shall not be subdivided for the purpose of evading the requirement
of competitive bidding.
7.
In the event the required number
of bids cannot be obtained, this fact shall be documented. Written
approval of the Mayor shall be obtained before completing the purchase.
8.
The purchasing agent may enter into
contracts with sole source suppliers and governmental entities without
following a competitive bidding process or a request for proposals
process. "Sole source suppliers" are suppliers of supplies, materials,
equipment or services which are unique or which are not available
from more than one (1) competitive source in the normal course of
business. The purchasing agent shall certify in writing that any purchase
greater than one thousand dollars ($1,000.00) from a sole source supplier
under this Subsection meets the requirements of this Subsection. The
Mayor shall approve all contacts and purchases from sole source supplies
and governmental entities.
9.
The City may enter into contracts
for professional and other services without following a competitive
bidding process but by following a request for proposals process when
factors such as prior experience, skills, education, local knowledge
or unique knowledge are considerations in selecting the contractor.
This Subsection shall include but not be solely limited to contracts
for auditing services for the annual fiscal audit, specialized technical
services, including legal and financial advisement, and to contracts
for architectural, engineering and land surveying services. The purchasing
agent shall certify in writing that each purchase or contract entered
into under this Subsection meets the requirements of this Subsection.
Whenever possible, at least three (3) responses to requests for proposals
shall be obtained. The Mayor shall recommend and the City Council
shall approve all contracts entered into and purchases made under
this Subsection.
10.
When suppliers, materials, equipment
or services are of such a kind or nature that their acquisition may
be facilitated and the offering better evaluated, a request for proposals
may be solicited. The City Council may authorize a request for proposals
process instead of a bidding process whenever the purchase of supplies,
materials, equipment or services may be facilitated by such a process.
Whenever possible, at least three (3) responses to requests for proposals
shall be obtained and interviews held with at least three (3) vendors.
The Mayor shall recommend and the City Council shall approve all contracts
entered into and purchases made under this Subsection.
[CC 1985 § 2-13; Ord. No. 577 § 8, 7-7-1997]
A.
The notice required by the Section 135.070 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, 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 the 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.
The City Clerk also shall solicit
sealed bids by direct mail request to prospective vendors and by telephone
as may seem to be in the best interest of the City. Bids may also
be requested by e-mail or fax.
[CC 1985 § 2-13; Ord. No. 577 § 9, 7-7-1997]
Bids shall be submitted sealed 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 Mayor.
[CC 1985 § 2-13; Ord. No. 577 § 10, 7-7-1997]
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 moneys 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 efficiently 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 to the contract;
and
9.
The number and scope of conditions
attached to the bid.
[CC 1985 § 2-13; Ord. No. 577 § 11, 7-7-1997]
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 documented in the file.
[CC 1985 § 2-13; Ord. No. 577 § 12, 7-7-1997]
[CC 1985 § 2-13; Ord. No. 577 § 13, 7-7-1997]
A.
All purchases of supplies and contractual services and all sales of personal property that has become obsolete and unusable for which competitive bidding is not required by Section 135.070 of this Chapter shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 135.090 for the sward of formal contracts.
1.
All open market purchases shall, whenever possible, be based on at least three (3) competitive bids and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in Section 135.100.
3.
The purchasing agent shall keep a
record of all open market orders and the bids submitted in competition
thereon, and such records shall be open to public inspection.
[CC 1985 § 2-13; Ord. No. 577 § 14, 7-7-1997]
In case of an apparent emergency
that requires immediate purchase of supplies or contractual services,
the purchasing agent may authorize the purchase, at the lowest obtainable
price, of any supplies or contractual services not in excess of one
thousand dollars ($1,000.00). A full explanation of the circumstances
of an emergency purchase shall be documented in the file.
[CC 1985 § 2-13; Ord. No. 577 § 15, 7-7-1997]
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 Mayor.
[CC 1985 § 2-13; Ord. No. 705, 3-5-2001]
A.
City Bidder Preference. A "City bidder"
is one that regularly provides the purchased goods or services and
has a business office in the City of St. James. For projects or purchases
that are funded entirely from revenues of the City, if an evaluation
of the bids indicates that the lowest and best bid has been submitted
by a non-City bidder, then the following City bidder preference analysis
shall be conducted:
1.
Amount Of Preference. City bidders
shall have a two percent (2%) preference based upon the non-City lowest
and best bid, but the preference shall not exceed five thousand dollars
($5,000.00).
2.
Analysis.
a.
The amount of preference determined in Subsection (A)(1), Amount Of Preference, above shall be added to the amount of the non-City lowest and best bid, the sum of which shall become the "preference guideline."
b.
If any bid submitted by a City bidder
is equal to or lower than the preference guideline, then the lowest
bid submitted by a City bidder shall be reviewed to determine whether
it is the lowest and best bid. If it is not the lowest and best bid,
then the next City bid which is equal to or lower than the preference
guideline shall be reviewed, and the process shall be continued until
either a City bid has been selected as the lowest and best bid, or
all City bids equal to or lower than the preference guideline have
been eliminated.
B.
County Bidder Preference. A "County bidder"
is one that regularly provides the purchased goods or services and
has a business office in Phelps County. If a City bidder has not been
selected, and if the lowest and best bid has been submitted by a non-County
bidder, then the preference analysis shall be conducted by giving
the same amount of preference to County bidders. The process shall
be continued until either a County bidder's bid has been selected
as the lowest and best bid, or all County bidders submitting bids
equal to or lower than the preference guideline have been eliminated.
C.
Meramec Regional Planning Commission (MRPC)
Area Preference. An "MRPC-area bidder" is one that has a business
office in the MRPC area. If neither a City bidder nor a County bidder
has been selected, and if the lowest and best bid has been submitted
by a non-MRPC-area bidder, then the preference analysis shall be conducted
giving the same amount of preference to MRPC-area bidders. The process
shall be continued until either an MRPC-area bidder's bid has been
selected as the lowest and best bid, or all bids submitted by MRPC-area
bidders equal to or lower than the preference guideline have been
eliminated.
D.
State Bidder Preference. A "State bidder"
is one that has a business office in the State of Missouri. If there
has been no selection of a City bidder, a County bidder or an MRPC-area
bidder, and if the lowest and best bid has been submitted by a non-State
bidder, then the preference analysis shall be conducted by giving
the same amount of preference to State bidders. The process shall
be continued until either a State bidder's bid has been selected as
the lowest and best bid, or all bids submitted by State bidders equal
to or lower than the preference guideline have been eliminated.
E.
United States Preference. A "United States
bidder" is one that has a business office in the United States. If
there has been no selection of a City bidder, a County bidder, an
MRPC-area bidder or a State bidder, and if the lowest and best bid
has been submitted by a non-United States bidder, then the preference
analysis shall be conducted by giving the same amount of preference
to United States bidders. The process shall be continued until either
a United States bidder's bid has been selected as the lowest and best
bid, or all bids submitted by United States bidders equal to or lower
than the preference guideline have been eliminated.
