[CC 1990 §125.010; Ord. No. 96.070 §1, 12-9-1996]
The City Administrator will act as purchasing agent for the
City with primary responsibility for overseeing the purchasing process.
The department head or superintendent of each department will have
daily responsibility of purchasing for their own departments and will
have the responsibility to know or learn proper procedures for making
all purchases prior to engaging in purchasing activities. Where formal
sealed bid procedures are required, all advertising, bid documents
and receipt of bids will be approved by the City Administrator.
[CC 1990 §125.020; Ord. No. 96.070 §2, 12-9-1996]
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, an employee involved in purchasing activities 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 written specifications for all supplies and services for
which bidding procedures are required.
3. Discourage uniform bidding and endeavor to obtain as full and open
competition as possible on all purchases and sales.
4. Act so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
5. Inspect or supervise the inspection of all deliveries with regard
to quantity, quality and conformance to specifications.
6. Pursue all appropriate claims against the supplier, shipper or carrier.
[CC 1990 §125.030; Ord. No. 96.070 §3, 12-9-1996]
No employee, officer, or agent of the City (or subgrantee under
State and Federal grants) shall participate in the selection, or in
the award or administration of any contract for the sale or purchase
of any goods or services involving any public funds or property of
any kind if a conflict of interest, real or apparent, would be involved.
Such a conflict would arise when the employee, officer, or agent,
any member of his/her immediate family, his/her partner, or an organization
which employs, or is about to employ, any of the preceding, has a
financial or other interest in the entity selected for award. The
City's (or subgrantee's) officers, employees, or agents will neither
solicit nor accept gratuities, favor, or anything of monetary value
from contractors, potential contractors, or parties to subagreements.
The Board of Aldermen may set minimum rules where the financial interest
is not substantial or the gift is an unsolicited item of nominal intrinsic
value or where given for the benefit of the City.
[CC 1990 §125.040; Ord. No. 96.070 §4, 12-9-1996]
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.
[CC 1990 §125.050; Ord. No. 96.070 §5, 12-9-1996; Ord. No. 99-038 §3, 10-11-1999; Ord. No. 2018.36, 11-5-2018]
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.
Department heads may make expenditures not in excess of seven
hundred fifty dollars ($750.00) without a formal bid process.
2.
The Mayor or City Administrator may make expenditures not in
excess of three thousand dollars ($3,000.00) without a formal bid
process.
3.
If the consideration is for more than three thousand dollars
($3,000.00), but less than five thousand dollars ($5,000.00), at least
three (3) bids shall be solicited by mail or telephone request from
three (3) prospective vendors. A record of the quotations shall be
maintained and attached to the purchase order, as filed with the City
Clerk for payment, of the vendor receiving the award. The purchase
shall be approved by the Board of Aldermen.
4.
If the consideration is for more than five thousand dollars
($5,000.00), but less than twenty-five thousand dollars ($25,000.00),
three (3) written bids shall be solicited. The purchase shall be approved
by the Board of Aldermen.
5.
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, after due notice inviting proposals. Whenever
possible, at least three (3) bids should be obtained from prospective,
qualified vendors. The Board of Aldermen shall award the contract
or purchase.
6.
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.
7.
Individual contracts or purchases shall not be subdivided for
the purpose of evading the requirement of competitive bidding.
8.
The City shall accept the lowest bid received from a bidder
with proper qualifications; excepting, however, that with respect
to any purchase, sale, or contract in which the consideration is more
than three thousand dollars ($3,000.00) the City may at its option
specify in the notice inviting bids that it reserves the right to
reject any and all bids, in which event the City shall not be bound
to accept the lowest bid, but shall have discretion to accept or reject
any bid with respect to such purchase, sale or contract.
9.
A majority of the whole Board shall be required to vote in favor
of the expenditures of any amount of money in excess of three thousand
dollars ($3,000.00).
10.
The use of Missouri Buys (Statewide eProcurement System) or
Sourcewell (formerly National Joint Powers - NJPA) may be used on
items if applicable for greater procurement efficiency.
[CC 1990 §125.060; Ord. No. 96.070 §6, 12-9-1996]
A. The
notice required by the preceding Section shall consist of the following:
1. Notice inviting bids shall be published once in at least one (1)
official newspaper of general circulation 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 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 bidder's
list shall be limited to commodities that are similar in character
and ordinarily handled by the trade group to which the invitations
are sent.
[CC 1990 §125.070; Ord. No. 96.070 §7, 12-9-1996]
Bids shall be submitted sealed to the City Clerk 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.
[CC 1990 §125.080; Ord. No. 96.070 §8, 12-9-1996]
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 monies due to 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 efficiency
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 of the contract.
9. The number and scope of conditions attached to the bid.
10. Whether or not the bidder either resides or operates the particular
business in the City.
[CC 1990 §125.090; Ord. No. 96.070 §9, 12-9-1996]
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 entered upon the minutes of the Board of Aldermen.
[CC 1990 §125.100; Ord. No. 96.070 §10, 12-9-1996]
If all bids received or the lowest bids received are for the
same total amount or unit price, quality and service being equal,
the contract shall be awarded to a local bidder. Where there is no
local low bidder, the award shall be made on the basis of a drawing
of lots, to be held in public.
[CC 1990 §125.110; Ord. No. 96.070 §11, 12-9-1996]
A. There
is hereby appropriated out of the money in the City Treasury, not
otherwise appropriated, the sum of one hundred dollars ($100.00),
which shall be known as the Petty Expenditures Revolving Fund. From
this Fund shall be paid all purchases not in excess of fifty dollars
($50.00) each, made by the heads of using agencies for incidentals
with the approval of the agent.
B. No
less than once each month, each agent shall render to the Treasurer
a statement showing the actual expenditures for the using department
so made out of Petty Expenditures Revolving Fund, and the City Treasurer
shall reimburse said revolving fund for such expenditures in the same
manner as other expenditures of such using departments are paid.
C. The
City Administrator shall promulgate rules and regulations for use
of the Petty Expenditures Revolving Fund.
[CC 1990 §125.120; Ord. No. 96.070 §12, 12-9-1996]
In case of an apparent emergency that requires immediate purchase
of supplies or contractual services, the City Administrator may authorize
the purchase, at the lowest obtainable price, of any supplies or contractual
services not in excess of ten thousand dollars ($10,000.00). A full
explanation of the circumstances of an emergency purchase shall be
maintained in the department and in the City Clerk's file.
[CC 1990 §125.130; Ord. No. 96.070 §13, 12-9-1996]
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.
[Res. No. 1-13-2020, 1-13-2020]
A. Introduction.
The First State credit card is a purchase card system benefiting the
City of Desloge and the cardholder through prompt payment to suppliers
and delegate's responsibility for low value purchase authority to
those making the commitment. For the purpose of this policy the "City
of Desloge" is defined to include the Mayor and Board of Aldermen.
B. Policy.
Credit cards are issued at the discretion of the City of Desloge to
current employees who are granted a formal delegation of City of Desloge
purchasing authority. Delegation of City of Desloge purchasing authority
governs the use of the credit card as a tool for purchasing materials
and services for three thousand dollars ($3,000.00) or less for the
City Administrator and for seven hundred fifty dollars ($750.00) or
less for department heads. The cardholder agrees to comply with all
applicable City of Desloge policies and procedures and this cardholder
agreement. When signed and accepted, this form acts to assign the
formal delegation of purchase authority to a current City of Desloge
employee to execute credit card purchases.
C. Compliance
With Policy, Violations And Consequences.
1. Employee violations to this agreement or to any policy regarding
the purchase of goods or services will be investigated and may result
in either one (1) or more of the following actions: written warning,
revocation of credit card privileges, cancellation of delegation of
purchasing authority, disciplinary action, and termination and/or
criminal prosecution. Human error and extraordinary circumstances
may be taken into consideration when investigating any violation to
this agreement.
2. The City of Desloge is to include the Mayor and Board of Aldermen.
The City of Desloge and City Administrator have the authority to investigate
and to determine whether a violation of procurement policy has occurred,
and to recommend actions that may be taken because of such determinations.
The City of Desloge will consider the facts and circumstances of each
incident, and will take action as deemed appropriate, and as permitted
by applicable law and/or City of Desloge policy.
3. Credit card violations include but are not limited to:
a. Purchase of items for personal use.
b. Purchase of items in violation of the City of Desloge travel policy.
c. Use of the credit card for cash advances.
d. Exceeding bank credit line limit.
e. Exceeding approved purchase limit.
f. Use of the credit card for purchase of more than three thousand dollars
($3,000.00) by the Mayor and City Administrator or more than seven
hundred fifty dollars ($750.00) by department heads by splitting purchases
into more than one (1) transaction.
g. Failure to return the credit card when an employee is reassigned,
terminated or upon request.
h. Failure to turn in packing slips, receipts or other back up documentation
to the City Clerk within thirty (30) days of the purchase needed for
the purpose of establishing accountable reconciliation procedures.
D. Ownership
And Cancellation Of The Credit Card. The credit card remains property
of the City of Desloge. It may not be transferred to, assigned to,
or used by anyone other than the designated cardholder. The cardholder
is accountable for the activity on the card. The bank or City of Desloge
may suspend or cancel cardholder privileges at any time for any reason.
The cardholder will surrender the credit card upon request to the
City of Desloge or any authorized agent of the bank.
E. Spending
Limits. Each credit card has a pre-set limit this is including shipping,
handling and that may not be exceeded under any circumstances.
F. Receipts.
It is the cardholder's responsibility to obtain transaction receipts
from the merchant each time a credit card is used. Individual transaction
receipts are to be submitted to the City Clerk. The City Clerk will
be responsible for review and approval of statements. The City of
Desloge must keep statement data and proof of reconciliation, including
receipts and packing slips, on file for a period consistent with the
record retention requirements of State law.
G. Disputed
Items. It is the cardholder's responsibility to follow-up on any erroneous
charges, returns or adjustments to ensure proper credit is given on
subsequent statements.
H. Protecting
The Credit Card. The credit card is valuable property which requires
proper treatment by the cardholder to protect it from misuse by unauthorized
parties.
I. Validation
And Safekeeping.
1. The cardholder shall sign the credit card immediately upon receipt.
The credit card should always be treated with the same care as personal
credit cards, bankcards, cash and checks. The cardholder shall keep
their assigned card(s) in an accessible, but secure location. When
using a credit card for internet purchases, cardholders should ensure
the site utilizes industry recognized encryption transmission tools.
2. When an expiration date is passed and/or after the cardholder has
received a new credit card, the old credit card shall be turned in
to the City Clerk for disposal.
3. Make sure the credit card is returned to the cardholder after each
charge and verify that the returned credit card has your name on it.
J. Lost
Or Stolen Credit Cards. If a credit card is lost or stolen, the cardholder
shall contact the bank's 24-hour toll-free number immediately as well
as the City Clerk.
K. General.
1. City of Desloge employees must receive approval from the City of
Desloge to use the City of Desloge credit cards.
2. A credit card may be used by City of Desloge employees who have authority
to buy goods and services on behalf of the City of Desloge.
3. Each credit card bears a cardholder's name but is actually issued
to the City of Desloge, which is responsible for making prompt payment
to the bank. However, cardholders are responsible for ensuring proper
use of the card.
4. The Desloge City Clerk helps ensure proper use of credit cards by
overseeing City of Desloge implementation and use of assigned cards.
L. Cardholders.
Cardholders must use the card responsibly and in accordance with this
policy. Cardholder responsibilities include:
1. Purchasing items for City of Desloge business use only.
2. Never lending or sharing the credit card or account number.
3. Purchasing only goods and services that are approved by the City
of Desloge Board or are in accordance with the City of Desloge policies.
4. Keeping all individual purchases to less than three thousand dollars
($3,000.00) for the City Administrator and Mayor and seven hundred
fifty dollars ($750.00) for department heads.
5. Returning the credit card to the City of Desloge City Clerk upon
leaving the City of Desloge position which entitled use of the card
or upon ending employment with the City of Desloge or upon request
of the City Clerk.
6. Forwarding purchasing documents, such as sales receipts, to the City
Clerk.
M. Desloge
City Clerk. The Desloge City Clerk is responsible for:
1. Ensuring that these procedures are in place for all cards before
employees are given card privileges.
3. Appropriate record keeping.
4. Handling these administrative duties:
a. Knowing the credit card limitations and restrictions.
b. Developing and implementing internal procedures that govern the City
of Desloge use of the credit cards.
c. Sharing new program information with cardholders.
d. Answering cardholder questions about use of cards.
e. Monitoring card usage to ensure that City of Desloge internal policies
and procedures are being followed.
f. Assigning credit card privileges to employees.
g. Communicating with the Board when new or modified cards are required.
h. Requesting new cards from the bank.
i. Communicating with the Board when card cancellations are required.
j. Terminating accounts and inactive cards and individual authority
to use cards.