City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents

Section 135.010 Purchasing Procedure — Rules.

[CC 1961 §4.04; Ord. No. 2017 §1, 6-3-1974; Ord. No. 2541 §1, 6-21-1982; Ord. No. 2618 §1, 8-15-1983; Ord. No. 3775 §1, 2-4-2008]
A. 
No purchase, purchases, or contracts for services of any kind or descriptions, payment for which is to be made from funds of the City, shall be made by the purchasing agent or any officer, employee or agent of the City, except in the manner hereinafter set forth.
1. 
Under $1,000.00. Whenever any contemplated purchase or contract for services is for the sum of less than one thousand dollars ($1,000.00), the purchasing agent of the City may order the item or items as needed without further formality.
2. 
$1,000.00 to $4,999.00. Whenever any contemplated purchase or contract for services is for the sum of one thousand dollars ($1,000.00) and no more than four thousand nine hundred ninety-nine dollars ($4,999.00), the purchasing agent shall solicit at least three (3) written bids for the item or items or service on bid forms and award the purchase or contract of service to the lowest responsible bidder.
3. 
Over $4,999.00. Whenever any contemplated purchase or contract for services is for the sum of more than four thousand nine hundred ninety-nine dollars ($4,999.00), the purchasing agent shall cause to be published in one (1) issue of a newspaper of general circulation in the City notice inviting bids, which said notice shall be published at least ten (10) days prior to date set for the receipt of the bids. The notice herein required shall include a general description of the articles to be purchased or services performed and the time and place for opening bids. In addition, the purchasing agent shall post a notice inviting bids in the City Hall of Berkeley, Missouri, and may also mail to all responsible prospective suppliers of the items to be purchased or services performed a copy of the notice inserted in the newspaper as hereinbefore required.
B. 
Exclusive Service. In the event that there is only one (1) firm or company or individual capable of providing a particular service or commodity, and such services or commodities cannot be secured from other persons or companies, then Subsection (A) hereof shall not be applicable, and such services or commodities can be secured without bidding.
C. 
Bidding. The purchase agent and all parties contracting with the City shall follow the procedure hereinafter set forth in relation to all bids required under Subsection (A) (1 and 2).
1. 
All notices and solicitation of bids shall state the time and place for opening.
2. 
All bids shall be submitted sealed to the purchasing agent and shall be identified as bids on the envelope.
3. 
All bids shall be opened in public at the time and place stated in the public notices.
4. 
A tabulation of all bids received shall be posted in the City Hall for public inspection.
5. 
The purchasing agent shall have the authority to reject any and all bids and parts of all bids and re-advertise or re-solicit bids.
D. 
Determining Lowest Responsible Bidder. Unless the purchasing agent exercises the right of rejection, the purchase or contract shall be made from and with the lowest responsible bidder for any article, or to the lowest responsible bidder for the entire purchase or contract or any part thereof. In determining the lowest responsible bidder, the purchasing agent shall consider:
1. 
The ability, capacity, and skill of the bidder to perform the contract or provide service required.
2. 
Whether the bidder can perform the contract or provide the services promptly or within specified time, without delay or interference.
3. 
The quality of performance of previous contracts or services.
4. 
The previous and existing compliance by the bidder with laws and ordinances of the City.
5. 
The financial resources and ability of the bidder to perform the contract or provide the service.
6. 
The quality, availability, and adaptability of the supplies or services.
E. 
Performance Bond. The purchasing agent shall have the authority to require a performance bond, in cash or otherwise, for such amount as he/she may deem sufficient to secure the execution of the contract of furnishing supplies or services for the best interest of the City.
F. 
Emergency Purchases. In case of an emergency which requires immediate purchases of supplies or services, and time is of the essence, the City Manager shall be empowered to authorize the purchasing agent to purchase or secure the services needed without complying with procedures as set forth above. A full report, in writing, of the circumstances of any emergency purchase shall be filed by the City Manager with the City Council.
G. 
Forms. The purchasing agent, subject to the approval of the City Manager, shall prescribe and maintain such forms as he/she shall find necessary to the operation of this Section.
H. 
Professional Services.
1. 
This Section shall not apply to professional services, and the requirements herein shall not be required in the employment of professional services of all professions, except engineers, architects, and land surveying services.
2. 
In the procurement of engineering, architectural, and land surveying services, the City shall, in their proposals to secure such services, set forth the following items:
a. 
A resume of the firm's qualifications and performance data.
b. 
The capacity and capability of the firm to perform the work in question, including specific services, within the time limitations fixed for the completion of the project.
c. 
Past record of the performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules.
d. 
The firm's proximity to and familiarity with the area in which the project is located.
e. 
Dates the firm was authorized to conduct business and registered in the State of Missouri in their particular profession.
After securing the above information, the City shall secure the firm considered best qualified and capable of performing the desired work and negotiate a contract for the project with the firm selected.
For a basis of negotiations, the City shall prepare a written draft of the scope of the proposed services. If the City is unable to negotiate a said contract with the firm selected, negotiations with that firm shall be terminated, and the City shall undertake negotiations with another of the qualified firms.
If there is a failing of contract with the second (2nd) firm, negotiations with such firm shall be terminated, and the City shall undertake negotiations with a third (3rd) qualified firm.
If the City is unable to negotiate a contract with the third (3rd) firm, the City shall re-evaluate the necessary architectural, engineering, or land surveying services, and once again prepare a list of qualified firms and proceed in accordance with this Section.
I. 
Cooperative Purchasing, March 1974. This Section and requirements herein shall not apply to purchases made by, through, or with the Division of Procurement of the State of Missouri, and shall not apply to purchases made by, through, or with St. Louis County's Cooperative Procurement Program or purchases made cooperatively with other municipalities.

Section 135.020 Purchases by Employees, Officers, and Officials From the City.

[CC 1961 §4.16; Ord. No. 2344 §1, 6-18-1979]
Whenever the City sells any personal or real estate, and the transaction is made pursuant to an award on a contract let after public notice and competitive bidding, any employee, officer, or any official of the City may participate therein and may be the purchaser thereof, and such participation therein shall not be considered as having a financial interest therein.

Section 135.030 Credit Card Policy.

[Ord. No. 3987 §1, 4-18-2011]
A. 
Introduction. The Berkeley credit card policy is a purchase card system benefiting the City of Berkeley and the cardholder through prompt payment to suppliers and delegate responsibility for low value purchase authority to those making the commitment.
B. 
Policy. Credit cards are issued at the discretion of the City of Berkeley to current employees and members of the Council who are granted a formal delegation of purchasing authority. The cardholder agrees to comply with all applicable policies and procedures.
C. 
Compliance With Policy, Violations And Consequences.
1. 
Employee violations to this policy 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.
2. 
The City Manager or his designee shall have the authority to investigate and to determine whether a violation of this policy has occurred by an employee, and to take appropriate disciplinary action, if a violation is found. The City Council shall have the authority to investigate and to determine whether a violation of this policy has occurred by the City Manager or member of the Council, and to take appropriate action, if a violation is found. Action by the Council shall be limited to suspension of the use of any credit device. This does not bar the Council from imposing any other punishment allowable under other provisions of the City Code or City Charter.
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 Berkeley travel policy;
c. 
Use of the credit card for cash advances;
d. 
Exceeding bank credit line limit;
e. 
Use of the credit card for purchase of more than two thousand five hundred dollars ($2,500.00) by splitting purchases into more than one (1) transaction;
f. 
Failure to return the credit card when an employee is reassigned, terminated or upon request;
g. 
Failure to return the credit card when the City of Berkeley Council member resigns, is no longer in office or upon request;
h. 
Failure to turn in packing slips, receipts or other back-up documentation to the City of Berkeley bookkeeper within thirty (30) days of the purchase for the purpose of establishing accountable reconciliation procedures.
D. 
Ownership And Cancellation Of The Credit Card. The credit card remains property of the bank. 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 Berkeley 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 Berkeley or any authorized agent of the bank.
E. 
Spending Limits. Each credit card has a pre-set limit (including shipping, handling and tax) 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 the credit card is used. Individual transaction receipts are to be attached to periodic statements and submitted to the Finance Director. The Finance Director will be responsible for review and approval of periodic statements. The City will keep statement data and proof of reconciliation, including receipts and packing slips, on file for a period consistent with the record retention requirements of the 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. 
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. Keep your card(s) in an accessible, but secure location. When using the credit card for Internet purchases, cardholders should ensure that the site utilizes industry recognized encryption transmission tools.
2. 
When the expiration date is passed and/or after you have received a new credit card, the expired card shall be turned in to the Finance Director for disposal.
J. 
Lost Or Stolen Credit Cards. If the credit card is lost or stolen, contact the bank's 24-hour toll-free number immediately, and notify, in writing, the Finance Director of the lost or stolen card.
K. 
General.
1. 
Employees must receive approval from the City Manager and with consent of the Council to have permission to use the City of Berkeley's credit cards.
2. 
The credit card may be used by City employees who have authority to buy goods and services on behalf of the City of Berkeley.
3. 
Each credit card bears the cardholder's name but is actually issued to City of Berkeley, which is responsible for making prompt payment to the bank. However, cardholders are responsible for ensuring proper use of the card.
4. 
Cardholders shall receive a copy of their applicable statement showing usage upon receipt by the Finance Department.
5. 
The City of Berkeley Finance Director helps ensure the proper use of credit cards by overseeing the City of Berkeley implementation and use of the card.
L. 
Cardholders.
1. 
Cardholders must use the card responsibly and in accordance with this policy.
2. 
Cardholder responsibilities include:
a. 
Purchasing items for City of Berkeley business use only;
b. 
Never lending or sharing the credit card or account number. Purchasing only goods and services that are approved by the Council, City Manager and/or are in accordance with City of Berkeley policies;
c. 
Keeping all individual purchases within the credit limits of the credit device;
d. 
Returning the credit card to the Finance Director and privilege of its use upon leaving the position which entitled use of the card or upon ending employment with City of Berkeley, or upon request of the Finance Director;
e. 
Forwarding purchasing documents, such as sales receipts, to the Finance Director.
M. 
City of Berkeley Finance Department. The Finance Director is responsible for:
1. 
Knowing the credit card limitations and restrictions;
2. 
Communicating with the Council, City Manager when new or modified cards are required; requesting new cards from the bank;
3. 
Communicating with the Council, City Manager when card cancellations are required; terminating accounts and inactive cards and individual authority to use cards;
4. 
Assigning credit card privileges to employees, City Council, or City Manager upon approval by the City Council;
5. 
Reporting any violation of this policy to the City Manager and Council in writing within seven (7) days of his/her discovery of said violation;
6. 
Timely reconciliation;
7. 
Appropriate record keeping;
8. 
Developing and implementing internal procedures that govern the City of Berkeley's use of the credit cards;
9. 
Sharing new program information with cardholders;
10. 
Answering cardholder questions about use of cards;
11. 
Monitoring card usage to ensure that the City of Berkeley policies, and internal policies and procedures are being followed.