[Ord. No. 10376, 12-15-2016]
As used in this article, the following terms shall have the
meanings ascribed to them:
Grants the City the discretion to take the most advantageous
action on behalf of the City in the absence of law or regulation.
A written alteration to modify or amend a purchase order
or contract.
A legally enforceable written or oral agreement between two
or more competent parties.
Includes all contractual obligations and services required
under a contract, including professional services.
Any department, agency, commission, bureau or other unit
in the City government not under the direction and control of the
City Council, or in any other governmental unit, whether school district,
special authority, other municipality, county or otherwise which cooperates
with the City.
Formally organized programs that offer contracts that have
been competitively bid on behalf of multiple entities and may result
in discounted prices.
The person holding the position as head of the Procurement
Department and who serves as the procurement agent for the City.
Purchasing, renting, leasing, or otherwise acquiring any
supplies, services, or construction; includes all functions that pertain
to the acquisition, including description of requirements, selection
and solicitation of sources, preparation and award of contract, and
all phases of contract administration. The combined functions of purchasing,
inventory control, traffic and transportation, receiving, inspection,
storekeeping, salvage and disposal operations.
A procurement card is a type of commercial card that allows
organizations to take advantage of the existing credit card infrastructure
to make business-to-business (B2B) electronic payments for a variety
of low dollar purchases under controlled restrictions.
Services rendered by members of a recognized profession or
possessing a special skill.
The City's document used to authorize a purchase transaction
with a vendor/contractor/consultant. It should contain salient provisions
for construction, supplies and/or services ordered, applicable terms
as to payments, discounts, date of performance and transportation,
and other factors or conditions relating to the transaction. Acceptance
of a purchase order by a vendor shall constitute a contract, except
instances in which a purchase order is used only as an internal encumbrance
document, then the salient terms of the contract document shall prevail.
An internal document by which a using agency sends details
of supplies, services, professional services or materials required
to the Procurement Department and pre-encumbers approved funding.
A vendor/business or individual who is fully able to meet
all the requirements of the solicitation and subsequent contract and
must possess the full capability, including financial and technical,
to perform contractually as required.
A vendor/business or individual who has submitted a bid or
proposal that conforms in material aspects to the solicitation document
and its requirements, including form and substance.
A fixed-duration bidding event hosted by a single buyer in
which multiple suppliers compete for business through the posting
of their selling prices, which are viewable by all submitting suppliers.
Includes all supplies, materials, equipment, commodities
and capital outlays.
Any department, agency, commission, bureau or other unit
in the City government using supplies or procuring contractual services
as provided for in this article.
[Ord. No. 10376, 12-15-2016]
Except as provided in this article, it shall be unlawful for
any City employee to make any contract for a procurement within the
purview of this article other than through the Director of Procurement.
Any purchase order or contract made contrary to the provisions of
this article shall not be approved by the City Council except as otherwise
set forth herein and the City shall not be bound thereby unless otherwise
approved by the City Council.
[Ord. No. 10376, 12-15-2016]
Any purchase order or contract within the purview of this article
in which the Director of Procurement or any other employee of the
City is financially interested, directly or indirectly, shall be void
unless the City Council waives compliance with this section before
the execution of a purchase order or contract. The City Council shall
waive this section only when the best interests of the City require
such action and the laws of the state do not prohibit the transaction.
The Director of Procurement shall immediately report to the Chief
Administrative Officer any information that the Director of Procurement
has or that comes to his attention that would indicate any such interest
either before or after a procurement has been made.
[Ord. No. 10376, 12-15-2016]
The Director of Procurement or any other employee of the City
shall not accept or be influenced in his duties by an offer of any
gift or payment from any source, other than his regular compensation
from the City as further detailed in Appendix E, Personnel Rules and
Regulations.
[Ord. No. 10376, 12-15-2016]
All City departments, either by or with the authorization of
the head of the department, shall to the extent practicable file with
the Director of Procurement procurement plans prior to the start of
the fiscal year and provide detailed requisitions or estimates of
their requirements of supplies and contractual services in such manner,
at such times and for such future periods as the Director of Procurement
shall prescribe. Such requisitions shall include a cost estimate which
may be based upon the budgeted amount, independent cost estimate,
actual cost or other reliable information and must precede the procurement.
(1)
Unforeseen requirements. A department shall not be prevented from
filing in the same manner with the Director of Procurement at any
time a requisition or estimate for any supplies or contractual services
it needs that were not foreseen when the detailed estimates were filed,
subject to budgetary limitations.
(2)
Revision powers. The Director of Procurement may examine each requisition
or estimate and may suggest revisions as to quality, quantity, estimated
cost, specifications or any other factor.
[Ord. No. 10376, 12-15-2016]
In the event of an emergency which requires immediate procurement
of supplies or contractual services, the Chief Administrative Officer
is empowered to authorize the head of any using agency to secure any
supplies or contractual service, regardless of the amount of the expenditure.
The head of the using agency shall send to the Director of Procurement
a copy of the delivery record or invoice together with a full written
report of the circumstances of the emergency. A report of the circumstances
of an emergency procurement shall be filed by the Chief Administrative
Officer with the City Council and shall be entered into the records.
In the absence or unavailability of the Chief Administrative Officer,
the Assistant Chief Administrative Officer may authorize an emergency
procurement.
[Ord. No. 10376, 12-15-2016]
The requirement of competitive bids or proposals for supplies
may be waived when the Director of Procurement has determined in writing
that there is only a single feasible source for the supplies. In the
event it is determined that other feasible sources exist, the Director
of Procurement shall rescind the waiver and proceed to procure the
supplies through the competitive processes as described in this article.
A single feasible source exists when the procurement meets one
or more of the following:
(1)
Supplies are proprietary and only available from the manufacturer
or a single distributor; or
(2)
Based on past procurement experience, it is determined that only
one distributor services the region in which the supplies are needed;
or
(3)
Supplies are available at a discount from a single distributor for
a limited period of time.
[Ord. No. 10376, 12-15-2016]
(a)
All procurements of contractual services and supplies made pursuant
to this article, except for procurements made through a procurement
card or check requisition, shall be on such purchase order forms as
shall be developed by the Director of Procurement, and each purchase
order shall reflect salient conditions of the purchase, such as description,
specification, unit purchase price, aggregate amounts, freight conditions
and place of delivery.
(b)
A copy of all purchase orders and contracts shall be available to
the using agency which will receive the contractual services or supplies
procured, and the using agency shall reject delivery of any contractual
services or supplies which do not conform to the purchase order, scope
of work or contract terms. The using agency shall report to the Director
of Procurement any issues with nonconforming shipments, specifications,
scope of work or contractual terms.
(c)
Invoices for the procurement of supplies and contractual services
will not be paid unless there is a corresponding purchase order or
contract in place or unless the ordinance exempts the procurement
from having a purchase order. The Director of Procurement shall review
and approve all payments for procurements, including purchase orders
and check requisitions, for compliance with the appropriate procurement
procedures and contractual terms.
(d)
Unless contrary to any federal or state funding requirements or unless
funds from a grant are not timely received by the City but notwithstanding
any other law to the contrary, all public works contracts made shall
provide for prompt payment, as defined by the State of Missouri.
(e)
In general, all invoices are to be paid within the terms of the procurement
document. All using agencies must cooperate with the Procurement Department
in receiving, documenting and any and all other requirements needed
by the Procurement Department in order to comply with the terms of
the purchase order and contract in terms of prompt payment.
[Ord. No. 10376, 12-15-2016]
All procurements of supplies and contractual services shall,
except as expressly provided in this article, be based wherever possible
on competitive bids. The Director of Procurement may authorize a request
for proposal process whenever the procurement of supplies or contractual
services may be facilitated by such a process if the Director of Procurement
deems it is in the best interest of the City.
[Ord. No. 10376, 12-15-2016]
(a)
The Director of Procurement or the using agency shall be responsible
for ensuring that all supplies and contractual services conform to
the specifications and scope of work set forth in the purchase order
or contract.
(b)
The Director of Procurement shall have the authority to require tests
of samples submitted with bids and samples of deliveries which are
necessary to determine their conformance with the specifications.
In the performance of such tests, the Director of Procurement shall
have authority to make use of laboratory facilities of any agency
of the City or any outside laboratory.
[Ord. No. 10376, 12-15-2016]
(a)
At least annually, all using agencies shall submit to the Director
of Procurement, at such times and on such forms as the Director of
Procurement shall prescribe, reports showing stocks of all supplies,
equipment or any asset which are no longer used or which have become
obsolete, worn out or scrapped.
(b)
The Director of Procurement, upon the review of the Chief Administrative
Officer, shall have the authority to arrange for transfer, disposal
or the competitive sale of City surplus as necessary.
(c)
The Director of Procurement has the authority to declare surplus
"scrap" or "salvage" when it no longer has resale value.
(d)
The Director of Procurement has the authority to use any procurement,
sales or trade-in methodology in order to obtain the highest price
for surplus for any amount of bid/sales and has the authority to sell
at the highest price when the highest price is achieved through proper
surplus sales methods.
(e)
The Director of Procurement will provide notification of any transfers,
trade-ins, sales or disposals of items to the Director of Finance.
[Ord. No. 10376, 12-15-2016]
No resolution or ordinance shall be finally passed approving
any contract for supplies, contractual services (including any renewals,
amendments, or other contractual events), licensing agreements or
cost sharing agreements unless the request for such resolution or
ordinance contains the endorsement of the Director of Procurement
on the face thereof, indicating his recommendation and stating that
proper procurement procedures have been followed.
[Ord. No. 10376, 12-15-2016]
The City must adhere to any additional requirements that relate
to grants as it pertains to procurement. The Director of Procurement
will follow statutory guidance on the proper manner to incorporate
requirements if different from, or in addition to, the City's requirements.
[Ord. No. 10376, 12-15-2016]
The Director of Procurement may electronically post, bid, notify
and contract. Surplus sale items may be solicited through electronic
auction.
[Ord. No. 10376, 12-15-2016]
The use of reverse auctions is permissible to satisfy the requirements
for soliciting bids under the formal and informal procurement procedures
as provided in this article if the Director of Procurement determines
it is in the best interest of the City in obtaining supplies or contractual
services.
[Ord. No. 10376, 12-15-2016]
The Director of Procurement shall be responsible for the evaluation,
planning, management and administration the Procurement Card Program,
including all associated training and manuals. The Procurement Card
Program is the preferred method for procurement and payment for procurements
less than or equal to $1,500.
[Ord. No. 10376, 12-15-2016]
