[R.O. 2013 § 180.010; Ord. No.
08-2-05 § 1, 2-19-2008]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Any City employee approved by the Board of Aldermen, City
Administrator, department head or this policy to effect procurements
on behalf of the City.
The presentation, after careful consideration, of a purchase
agreement or contract to the selected bidder.
A person who submits a bid in response to a public notice
or invitation for bid.
A contract under which a vendor agrees to provide products
or services to a purchaser on a demand basis; the contract generally
establishes prices, terms, conditions and the period covered (no quantities
are specified); shipments are to be made as required by the purchaser.
The individuals elected to serve as members of the Lawson,
Missouri, Board of Aldermen.
All large items that are found in the capital plan such as
cars, trucks, backhoes usually costing five thousand dollars ($5,000.00)
or more.
Construction projects either new or replacement such as roads,
buildings, water and sewer lines where the cost of construction exceeds
five thousand dollars ($5,000.00).
The City of Lawson, Missouri, and its authorized representatives.
The Chief Administrative Officer of the City.
The process of building, altering, repairing, improving or
demolishing any public structure, building or other public improvements
of any kind to any public real property. It does not include the routine
operation, routine repair or routine maintenance of existing structures,
buildings or real property.
Any type of City agreement, regardless of what it may be
entitled, for the procurement of supplies, services or construction.
Any person or entity pursuing, or currently a party to, a
contract with the City.
Includes all telephone, utilities, gasoline, uniform services,
cleaning contracts, rental, repair or maintenance of equipment, machinery
and other City-owned property. This category also includes personal
services of a person, agency or group of a non-technical or professional
nature.
Any department, agency, commission, bureau or other unit
in any other governmental unit whether school district, special authority,
other municipality, County, State, Federal or otherwise governmental
type unit which cooperates with the City through its Finance Director
in purchasing any items covered by this Chapter.
The person that is the head of a major function of the City
and reports directly to the City Administrator. Positions in this
classification include all positions with Director, Commissioner or
Engineer in the title and the Chief of Police.
Any individual receiving a salary from the City.
A subset of professional services, including architectural,
engineering, land surveying and other related services.
Any document utilized for soliciting sealed bids. No confidential
or proprietary data shall be solicited in an invitation for bids.
Bids are publicly opened and prices are fixed.
Anything that is one (1) each, i.e., one (1) backhoe, one
(1) car, one (1) radio, one (1) total project, one (1) service contract.
An item cannot be subdivided to avoid the requirements of this Chapter.
The performance of a technical or professional service by
a person, group or company requiring specialized knowledge, intensive
academic or technical training and/or a high degree of expertise such
as engineers, lawyers, programmers, accountants, financial advisors,
appraisers, real estate specialist, urban planners and medical personnel.
A purchaser's written document to a supplier formally
stating all terms and conditions of a proposed transaction.
Any document utilized for soliciting proposals. Proposals
are not publicly opened and prices can be negotiated.
All commodities, materials, equipment used in the daily operation
of the City.
The mathematical extension and total of all items being purchased
on a purchase order, contract or any other type of agreement.
Any board, commission or unit of the City Government using
supplies or procuring contractual services as provided for in this
Chapter and which shall be under the direction and/or control of the
Board of Aldermen.
[R.O. 2013 § 180.020; Ord. No.
08-2-05 § 1, 2-19-2008]
The purpose of this procurement policy is to provide a process
for the fair and equitable treatment of all persons involved in public
procurement with the City, to maximize the procurement value of public
funds in procurement and to provide safeguards for maintaining a procurement
system of quality and integrity.
[R.O. 2013 § 180.030; Ord. No.
08-2-05 § 1, 2-19-2008]
This procurement policy shall apply to all contracts or commitments
for the expenditure of any public funds under the City's control
on or after the effective date of this policy, unless the parties
agree to its application to contracts entered into prior to the effective
date. It shall apply to each expenditure of public funds by the City
regardless of their source. When the procurement involves the expenditure
of Federal assistance or contract funds, the procurement shall be
conducted in accordance with any applicable Federal laws and/or regulations,
which have not been set out in this policy. Nothing in this policy
shall prevent the City from complying with the terms and conditions
of any grant, gift or bequest which is otherwise consistent with the
law.
[R.O. 2013 § 180.040; Ord. No.
08-2-05 § 1, 2-19-2008]
It shall be the responsibility of the City Administrator to
direct the provisions of this procurement policy.
[R.O. 2013 § 180.050; Ord. No.
08-2-05 § 1, 2-19-2008]
A.
Bidding. All purchases and contracts for supplies and contractual
services, except for professional and engineering services and all
sales of personal property which has become obsolete and unusable
shall, except as expressly provided in this Chapter, be based wherever
possible on competitive bids with the following exceptions:
B.
Formal Purchasing Procedures. All supplies, services, equipment and
projects, except as otherwise provided herein, when the extended cost
thereof shall equal or exceed six thousand dollars ($6,000.00) shall
be purchased by formal written contract from the lowest responsible
bidder, unless otherwise justified after due notice inviting proposals.
C.
Solicitation Of Bids.
1.
Formal Bids. The City Administrator or as delegated shall by
certified or registered mail or in his/her discretion by first-class
mail or by electronic mail, solicit sealed bids from at least three
(3) responsible prospective suppliers setting forth detailed specifications
and all pertinent information necessary for the prospective supplier
to file a bid or proposal. The invitation to bid will also be advertised
in at least one (1) legal paper. The bid process should be approximately
three (3) weeks or fifteen (15) working days from the first ad published.
Prospective suppliers to whom invitations to bid are sent shall be
limited to those who are part of the trade group offering commodities
and services similar in character to that being purchased. If the
department head is unable to reasonably find three (3) responsible
suppliers, certification of that will be forwarded to the City Administrator
who may deem the lesser number to be in compliance with the requirements
of this Section. The provisions of this Section may be waived when
the department head and the City Administrator agree that following
this Section's provisions may cause excessive delay, public inconvenience
and/or a significant cost penalty.
2.
Bond. Every contract awarded for public works shall be accompanied
by a payment/performance bond with:
a.
Corporate surety licensed to do business in the State of Missouri;
or
b.
Cash in the form of a cashier's check conditioned upon
the faithful performance of the contract of said work and payment
of all subcontractors and suppliers.
(1)
For contracts over one hundred thousand dollars
($100,000.00), said bond shall be equal to at least the entire amount
of money to be paid for such work. All public works contracts in excess
of one hundred thousand dollars ($100,000.00) shall be bid requiring
a five percent (5%) bid bond.
(2)
For public works contracts under one hundred thousand
dollars ($100,000.00), the City shall require a cash bond in the form
of a twenty percent (20%) retainage on all pay estimates requested
by the contractor. The retainage bond shall be conditioned for the
payment of any and all materials, labor, equipment, tools, insurance
premiums or any other items connected with the work, whether by subcontractor
or otherwise. The City shall stipulate the ability to retain ten percent
(10%) of the total money amount of the contract for up to one hundred
eighty (180) days after the project is completed. When this retainage
bond is used, the City shall require lien waivers for all work that
is covered under a pay estimate.
(3)
Manner Of Submission Of Bids — Opening, Recommendations To The Board. Sealed bids or proposals shall be submitted to the City Clerk and shall be identified as to the bid involved on the envelope. The bids shall be opened in public at the time and place stated in the invitation to bid and in any public notices. After the opening, the department head requesting the bid shall review and file a report to the City Administrator with their recommendation and justification. The City Administrator will process the bid in accordance with Section 145.070, Approval.
(4)
Award Of Contract To Bidder. The City shall award
the contract to the "best" bid, not necessarily the lowest bid, and
shall have the right to reject any and all bids. 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 prepared by the department
head and forwarded to the City Administrator for approval and processing.
This statement will be filed with the bid documents. 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 attached to the
purchase order and approved by the Board of Aldermen.
(5)
Factors For Determination Of Best Bid.
(a)
Cost to the City.
(b)
The ability, capacity and skill of the bidder to
perform the contract or provide the services required.
(c)
Whether the bidder can perform the contract or
provide the services within the time specified without delay or interference.
(d)
The character, integrity, responsibility, judgment,
experience and efficiency of the bidder.
(e)
Whether the bidder is in default on the payment
of taxes, licenses or monies due the City, this factor alone shall
justify disqualification.
(f)
The quality and performance of previous contracts
or services.
(g)
The previous and existing compliance by the bidder
with laws, provisions of the ordinance and any other City ordinances
relating to the contract or service.
(h)
The quality, availability and adaptability of the
supplies or contractual services to the use required.
(i)
Local business preference.
(k)
That all taxes or other monies billed by the City
are paid in full and that all licenses required by the City are in
proper order.
(l)
The ability of the bidder to provide future maintenance
and service for the use of the subject of the contract.
(6)
Informal Purchasing Procedures. All purchases of
supplies and personal services over five hundred dollars ($500.00)
and less than two thousand dollars ($2,000.00) shall be made upon
the basis of at least two (2) quotes from two (2) prospective suppliers.
The department head requesting the services or materials will solicit
bids by direct mail, electronic media or telephone and receive the
bids either by direct mail, electronic media or via fax. All bids
will be recorded and attached to the purchase request at time of submittal
to the City Administrator.
(7)
Open Market Procedure. Purchase of supplies and
contractual services of five hundred dollars ($500.00) or less can
be made on the open market without bids or proposals. Departments
shall always strive to maximize value and to minimize costs when making
these purchases.
(8)
The bidding process may be waived for the purpose
of purchasing goods and services for the following situations:
(a)
Where bids, contracts or cooperative purchasing
agreements are established.
(b)
Where professional services of a specialized nature
are required.
(c)
There exists only a sole supplier.
(d)
Where the standardization of parts and replacement
is absolutely necessary.
(e)
Where ensuring compatibility with existing City
equipment is in the best interest of the City.
(f)
In case of emergency.
(g)
For other reasons as deemed necessary by the Board
of Aldermen.
(9)
Emergency Purchasing Procedures. An emergency exists
when there is a threat to the public health, safety or welfare or
when immediate expenditure is necessary for repairs to City property
in order to protect against further loss of or damage to City property,
to prevent or minimize serious disruption in City services or to ensure
the integrity of City records.
(a)
To the extent practical under the circumstances,
emergency procurements should be competitively bid by obtaining quotations
via telephone or facsimile.
(b)
Any and all procurements requested under this Section
must be submitted in writing for the City Administrator's prior
approval.
(c)
If the emergency procurement exceeds the budget
appropriation, an ordinance to appropriate the funds must be submitted
to the City Council as soon as is practical, given the nature of the
emergency, but in no case more than thirty (30) days after initiating
the emergency procurement.
(d)
A procurement will not be considered an emergency
due to lack of appropriate planning on the part of department or City
personnel.
(10)
Single Source Purchasing. The requirement of competitive
bids or proposals for supplies may be waived when the City Administrator
has determined that there is only a single feasible source for the
procurement. A single source exists when:
(a)
Supplies are proprietary and only available from
the manufacturer or a single distributor.
(b)
Based on past procurement experience, it is determined
that only one (1) distributor serves our region.
(c)
Supplies are available at a discount from a single
distributor for a limited period of time.
(d)
In order to match or fit with equipment already
on hand.
(11)
Authority To Engage In Cooperative Purchasing.
The City Administrator shall have the authority to join with other
unit's cooperative agencies in cooperative purchasing when it
would serve the best interests of the City and after the approval
of the Board of Aldermen. When engaged in cooperative purchasing,
i.e., State of Missouri, General Services Administration, in which
case bidding has already been done by another agency, the requirement
of competitive bids or proposals may be waived.
[R.O. 2013 § 180.060; Ord. No.
08-2-05 § 1, 2-19-2008]
No proposed procurement shall be artificially divided, delayed
or scheduled in such a fashion so as to avoid bidding or in any way
circumvent the requirements of this policy.
[R.O. 2013 § 180.070; Ord. No.
08-2-05 § 1, 2-19-2008]
A.
The department head may approve the purchase of budgeted operating
supplies; a purchase not to exceed five hundred dollars ($500.00)
with proper bidding procedures and no single item (not line item)
exceeds two hundred fifty dollars ($250.00).
1.
A person desiring to order a supply, equipment or service shall
initiate the procedure by filling out a purchase order requisition,
providing the vendor's name, address, the quantity, the description
and the cost of the item or items being ordered. The department head
will then approve this requisition.
B.
The department head with the City Administrator may approve the purchase
of budgeted operating supplies up to two thousand dollars ($2,000.00)
with no one (1) item exceeding one thousand five hundred dollars ($1,500.00).
D.
The Board of Aldermen shall pre-authorize all capital expenditures
either through the budget process or by motion in a Board of Aldermen
meeting before the purchasing process will begin. The City Administrator
may approve the actual purchase of budgeted capital equipment and
capital projects if the purchase does not exceed fifty thousand dollars
($50,000.00). All purchases of capital equipment and capital projects
over fifty thousand dollars ($50,000.00) shall require the final approval
of the Board of Aldermen before the acquisition is made. The department
head will make a written recommendation to the City Administrator
before any capital expenditure is approved. The City Engineer will
be responsible that any cost-sharing agreements, easements, construction
plans or permits that are necessary are in place before submitting
to the City Administrator.
E.
Contractual Services. The Mayor will approve and sign all agreements
for contractual services pursuant to authorization by the Board of
Aldermen and the contracts will be filed with the City Clerk.
F.
Professional Services. Contracts for professional services shall
require authorization and approval by the Board of Aldermen. A contract,
signed by the Mayor pursuant to authorization by the Board of Aldermen,
shall be filed with the City Clerk and a purchase order for encumbrance
of funds sent to City Administrator before work commences.
G.
The City Administrator may approve unbudgeted items or items exceeding
budget up to one thousand dollars ($1,000.00). Unbudgeted expenses
over one thousand dollars ($1,000.00) shall require Board of Aldermen
approval. Unbudgeted approvals over five hundred dollars ($500.00)
will be included in the report to the Board of Aldermen as an informational
item.
H.
All other purchases or contracts not included above shall require
Board of Aldermen approval. The Mayor or the City Administrator may
authorize a phone poll of the Board of Aldermen if deemed necessary.
This poll will be conducted by the City Clerk and the City Administrator
or their respective delegates and in accordance with the Sunshine
Laws of the State of Missouri.
I.
Change orders to a non-capital, existing purchase order or contract
will follow the same approval guidelines as regular purchases with
the new total not exceeding their respective authorization levels.
J.
Change Orders For Capital Project. Projects within contract budget
and/or a pre-approved contingency may be approved as long as no line
item change exceeds ten percent (10%) of that line item, not to exceed
one thousand five hundred dollars ($1,500.00). Example: One million
dollar ($1,000,000.00) line item — one thousand five hundred
dollar ($1,500.00) change. Twenty-five thousand dollar ($25,000.00)
line item — one thousand five hundred dollar ($1,500.00) change.
The approval requires the department head and City Administrator.
Anything exceeding this will require approval of the Board of Aldermen.
[R.O. 2013 § 180.080; Ord. No.
08-2-05 § 1, 2-19-2008]
Authorization shall be by the person in the described position
or the person delegated by that position in their absence or non-availability,
either by written authorization or the chain of command, as presented
in the personnel charts contained in the annual budget.
[R.O. 2013 § 180.090; Ord. No.
08-2-05 § 1, 2-19-2008]
A.
The City Administrator may make transfers within a department's
budget within a class or group (personnel, services, supplies, maintenance,
capital items).
B.
The City Administrator shall have the authority to make transfers
from one class to another (personnel to capital) up to one thousand
dollars ($1,000.00). Over one thousand dollars ($1,000.00) shall require
Board approval.
C.
The City Administrator shall be authorized to make administrative
transfers to correct accounting procedures such as classification
errors.
[R.O. 2013 § 180.100; Ord. No.
08-2-05 § 1, 2-19-2008]
Pre-approved petty cash purchases shall be limited to forty
dollars ($40.00). All reimbursements shall be submitted to the City
Clerk or City Administrator and will be made by check rather than
from petty cash.
[R.O. 2013 § 180.110; Ord. No.
08-2-05 § 1, 2-19-2008]
A.
All sales of real and personal property that have become obsolete
and unusable and have an estimated value of five hundred dollars ($500.00)
or more will be declared as surplus property by the Board of Aldermen
and shall be sold:
1.
By using the formal bid method as described in the purchasing
procedures and awarded to the highest responsible bidder, or
2.
By holding a public auction that has been advertised a minimum
of three (3) times, at least once in a legal newspaper. The property
will be awarded to the highest bidder meeting the criteria of the
auction.
B.
The City may dispose of used equipment by trading it in on new purchases.
In this case the net cost of the new equipment less the trade in will
be used in the comparison of bids.
C.
The Board of Aldermen may declare items of personal property as surplus
in which case these items may be offered to another governmental or
tax supported agency at lower than market value.
D.
Items under five hundred dollars ($500.00) may be declared as surplus
by the City Administrator and discarded of in the most efficient method
available depending on condition, salvage value, useful life remaining
and other pertinent factors.
[R.O. 2013 § 180.120; Ord. No.
08-2-05 § 1, 2-19-2008]
The Board of Aldermen in its sole and absolute discretion may
waive any and all aforementioned procedural requirements.
[R.O. 2013 § 180.130; Ord. No.
08-2-05 § 1, 2-19-2008]
A.
"Professional services" shall mean those services of a vocation requiring
specialized knowledge and intensive academic or technical training
in such fields as law, finance, engineering, planning, real estate,
computer sciences and other type fields.
1.
Contracts Over Ten Thousand Dollars ($10,000.00).
a.
The City Administrator will solicit proposals from qualified
service providers, review the proposals, narrow the field of prospects,
request detailed proposals, interview the providers and make a recommendation
to the Board of Aldermen.
b.
Factors to be considered in determining the best proposal shall
include experience and technical competence, previous performance,
ability to meet schedules, community relations and sensitivity to
citizens' concerns and the proximity to and familiarity with
the area.
c.
When detailed proposals are requested, they should include,
at a minimum, the project name, the name and address of the firm,
related experience, any subcontractors or outside firms or personnel
to be used, a resume of key persons involved, any special related
experience, any other work previously done or currently being performed
for the City, a description of resources to be used and an estimation
of hours and time of completion.
d.
The City Administrator will negotiate a contract with the firm
selected and report to the Board of Aldermen for acceptance or termination
of negotiations. If a contract cannot be negotiated, the committee
will then select their next choice and an agreement will be negotiated
with that firm.
e.
When in the determination of the City Administrator, because
of the nature of the services desired, there is only a sole provider
of the service that will be in the best interest of the City, the
City Administrator may recommend the person or firm to the Board of
Aldermen for approval, thus waiving this procedure.
2.
Contracts Less Than Ten Thousand Dollars ($10,000.00) And Over Two Thousand Nine Hundred Ninety-Nine Dollars ($2,999.00). Written proposals shall be required by direct mail. The City Administrator shall review the proposals and make a recommendation to the Board of Aldermen following the guidelines in Subsection (A).
3.
Contracts Less Than Two Thousand Dollars ($2,000.00). Services
for projects two thousand dollars ($2,000.00) to five hundred dollars
($500.00) will be at the direction of the department head who will
make a recommendation to the City Administrator for approval.
4.
Contracts For Five Hundred Dollars ($500.00). Contracts for
five hundred dollars ($500.00) will be at the direction and approval
of the department head.
5.
Contingent Fees.
a.
Every contract entered into for professional services by the
City shall contain a prohibition against contingent fees as follows:
(1)
The architect, engineer or service provider warrants
that he/she has not employed or retained any company or person, other
than a bona fide employee working solely for such firm or company,
for the purpose to solicit or secure any agreement with the City or
by providing any fee, commission, percentage, gift or any other consideration
contingent upon or resulting from the award of this agreement.
b.
For the breach or violation for the foregoing provision, the
Board of Aldermen shall have the right to terminate the agreement
without liability and at its discretion to deduct from the contract
price or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
[R.O. 2013 § 180.140; Ord. No.
08-2-05 § 1, 2-19-2008]
A.
Prohibition Of Interest. Any City Officer or employee who has a substantial
financial interest, direct or indirect or by reason of ownership of
stock in any corporation, in any contract with the City or in the
sale of any land, material, supplies or services to the City or to
a contractor supplying the City, shall make known that interest and
shall refrain from voting upon or otherwise participating in the making
of such a contract or sale. Violation of this Section with the knowledge
express or implied of the person or corporation contracting with or
making a sale to the City shall render the contract null and void
by the Board of Aldermen. In addition to the above, no elected or
appointed official or employee of the City of Lawson shall:
1.
Sell, rent or lease any property to the political subdivision
or any agency of the political subdivision for the consideration in
excess of five hundred dollars ($500.00) per annum, unless the transaction
is made pursuant to an award of a contract let or a sale made after
public notice and in the case of property other than real property,
competitive bidding, provided that the bid or offer accepted is the
lowest received.
2.
Perform any service for the City of Lawson, Missouri, for any
consideration in excess of five hundred dollars ($500.00) per annum
unless the transaction is made pursuant to an award on a contract
let, after public notice and competitive bidding, provided that the
bid or offer accepted is the lowest received.
B.
Officers And Employees Not To Deal With Certain Entities. 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.
D.
Gifts And Rebates. The City Administrator 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 order or contract is or might be awarded, any
rebate, gift, money or object which could be construed as such in
excess of twenty-five dollars ($25.00), except where given for the
use and benefit of the City.
[R.O. 2013 § 180.150; Ord. No.
08-2-05 § 1, 2-19-2008]
A.
If a local bidder is within two percent (2%) of the lowest bid from an out-of-town bidder on a construction or other formally bid project from five thousand dollars ($5,000.00) up to one million dollars ($1,000,000.00) and within one percent (1%) on such projects from one million one dollar ($1,000,001.00) up to five million dollars ($5,000,000.00), then the local bidder will be awarded the bid unless otherwise provided in this Section 145.150.
B.
The local purchase preference policy shall not apply in the following
instances:
1.
When purchases and/or contracts are funded in whole or in part
by Federal funds;
2.
When purchases are less than five thousand dollars ($5,000.00)
or more than five million dollars ($5,000,000.00);
3.
When purchases are not required to be formally bid, such as
sole source procurements, emergency procurements and any other procurements
as defined in the City procurement policy or the City emergency management
policy;
4.
When professional services are procured through the issuance
of requests for qualifications and/or requests for proposals, including
design-build contracts; or
5.
When such preference is in conflict with any applicable State
or Federal laws, rules or regulations.
C.
"Local" is defined as a business operating within the corporate limits
of the City of Lawson, with the majority of its primary business operations,
including, but not limited to, production, operation, purchasing,
billing, marketing, management, administration and ownership, occurring
within the City limits. "Local" shall not include the following:
1.
Those businesses with only a local Lawson post office box; or
2.
Those businesses with a sales presence in the City, but no physical
business location within the City limits; or
3.
Home-based businesses that merely take orders for products shipped
from out-of-town to their customers.
|
Exceptions will be considered on a case-by-case basis when a
written request is submitted to the City Administrator.
|
D.
Notwithstanding the foregoing, the local bidder must otherwise meet
all qualifications and procurement policy requirements of the City,
including, but not limited to, the "best bid" requirements, in order
to be awarded a bid under this Section.
[R.O. 2013 § 180.160; Ord. No.
08-2-05 § 1, 2-19-2008]
A.
All requests for bids and proposals for supplies to be purchased
shall be made in general terms and by general specifications and not
by brand, trade names or other individual mark, provided such article
to be purchased can be definitely described without the designation
of such brand, trade name or other individual mark. All such requests
and bids shall contain therein a paragraph in easily legible print
reading as follows: "By virtue of statutory authority, a preference
will be given to materials, products, supplies, provisions and all
other articles produced, manufactured, made or grown within the state
of Missouri."
B.
In letting contracts for the performance of any job or service, the
City shall give preference to all firms, corporations or individuals
doing business as Missouri firms, corporations or individuals or which
maintain Missouri offices or places of business, when the quality
of performance promised is equal or better and the price quote is
the same or less.
C.
Each contract for the purchase or lease of manufactured goods or
commodities and each contract made for construction, alteration, repair
or maintenance of any public works shall contain a provision that
any manufactured goods or commodities used or supplied in the performance
of that contract or any subcontract thereto shall be manufactured
or produced in the United States. This Section shall not apply where
the purchase, lease or contract involves an expenditure of less than
twenty-five thousand dollars ($25,000.00). This Section shall not
apply when only one (1) line of a particular good or product is manufactured
or produced in the United States. This Section shall not apply when:
1.
The specified products are not manufactured or produced in the
United States in sufficient quantities to meet the City's requirements
or cannot be manufactured or produced in the United States within
the necessary time in sufficient quantities to meet the City's
requirements;
2.
Obtaining the specified products manufactured or produced in
the United States would increase the cost of the contract by more
than ten percent (10%).
D.
Nothing in this Section is intended to contravene any existing treaty,
law, agreement or regulation of the United States. All contracts under
this Section shall be entered into in accordance with existing treaty,
law, agreement or regulations of the United States, including all
treaties entered into between foreign countries and the United States
regarding export-import restrictions and international trade and shall
not be in violation of this Section to the extent of such accordance.
E.
The City may not authorize, provide for or make any payment to any
vendor or contractor upon any contract in violation of this Section.
At time of bid and before the City authorizes, provides or makes payment
to any vendor or contractor upon any contract to which this Section
applies, the vendor or contractor shall provide proof of compliance
with this Section. Any vendor or contractor who knowingly misrepresents
any material fact concerning the origin of any manufactured goods
or commodities shall be guilty of a Class A misdemeanor.
[R.O. 2013 § 180.170; Ord. No.
08-2-05 § 1, 2-19-2008]
A.
Upon receipt of the bill or invoice from any entity which:
1.
Shall supply utilities (including, but not limited to, electric,
telephone and natural gas) and solid waste removal to the City of
Lawson; or
2.
Shall supply employee insurance services (including, but not
limited to, major medical, pharmacy, dental and life insurance); or
3.
Issued general obligation or revenue bonds on behalf of the
City,
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the City shall pay said bill within the time required by the
provider, but shall review said bill for accuracy and determine as
to whether or not said bill is lawfully owed. If said bill or invoice
is required to be paid in the reasonable and normal course of business
before a lawfully constituted meeting of the Board of Aldermen is
scheduled, the City Administrator and City Clerk shall be authorized
to pay said bill prior to official approval by the Board of Aldermen.
However, the aforementioned bill and/or invoice and record of payment
shall be presented to the Board of Aldermen at the time other monthly
bills are presented — such presentment shall be for purposes
of inspection and review. If the Board of Aldermen determines that
said bill was in anyway overpaid, then it shall order that a credit
be taken on the next month's payment.
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