[Ord. No. 10376, 12-15-2016]
As used in this article, the following terms shall have the meanings ascribed to them:
BEST INTEREST
Grants the City the discretion to take the most advantageous action on behalf of the City in the absence of law or regulation.
CHANGE ORDER
A written alteration to modify or amend a purchase order or contract.
CONTRACT
A legally enforceable written or oral agreement between two or more competent parties.
CONTRACTUAL SERVICES
Includes all contractual obligations and services required under a contract, including professional services.
COOPERATING AGENCY
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.
COOPERATIVE PURCHASING PROGRAMS
Formally organized programs that offer contracts that have been competitively bid on behalf of multiple entities and may result in discounted prices.
DIRECTOR OF PROCUREMENT
The person holding the position as head of the Procurement Department and who serves as the procurement agent for the City.
PROCUREMENT
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.
PROCUREMENT CARD
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.
PROFESSIONAL SERVICES
Services rendered by members of a recognized profession or possessing a special skill.
PURCHASE ORDER
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.
REQUISITION
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.
RESPONSIBLE BIDDER
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.
RESPONSIVE BIDDER
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.
REVERSE AUCTION
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.
SUPPLIES
Includes all supplies, materials, equipment, commodities and capital outlays.
USING AGENCY
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 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.