[R.O. 2013 §140.010; Ord. No. 1196 §1, 10-6-1994; Ord. No. 2061, 8-17-2020]
The City Administrator shall be the designated Purchasing Agent
for the City. In the event of an absence or vacancy in the office
of City Administrator, a Purchasing Agent will be appointed by the
Mayor with the approval of the majority of the Board of Aldermen until
such time a new City Administrator is in place.
[R.O. 2013 §140.020; Ord. No. 1196 §2, 10-6-1994]
A.
In
the exercise of the purchasing authority conferred in the preceding
Section, and in the exercise of any other powers and duties conferred
by this or other ordinances, the Purchasing Agent 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 and adopt written specifications for all supplies and services.
3.
Discourage uniform bidding and endeavor to obtain as full and open
competition as possible on all purchases and sales.
4.
Prepare, adopt and maintain a vendor catalog file.
5.
Act so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
6.
Have the authority to declare vendors who default on their quotations
irresponsible bidders and to disqualify them from receiving any business
from the City for a stated period of time.
7.
Inspect or supervise the inspection of all deliveries with regard
to quantity, quality and conformance to specifications.
8.
Pursue all appropriate claims against the supplier, shipper or carrier.
[R.O. 2013 §140.030; Ord. No. 1196 §3, 10-6-1994; Res. No. 8-18-14-1 § 2, 8-18-2014; Res. No. 6-6-16 § 2, 6-6-2016]
A.
No
employee, officer or agent of the City shall participate in selection
or in the award of administration of a contract 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 above has a financial or other interest in the firm selected
for award.
B.
No
officer, agent or employee of the City shall transact any business
in his/her official capacity with any business entity of which he/she
is an officer, agent, or member or in which he/she owns a substantial
interest; nor shall he/she make any personal investments in any enterprise
which will create substantial conflict between his/her private interest
and the public interest; nor shall he/she or any form or business
entity of which he/she is an officer, agent or member, or the owner
of substantial interest, sell any goods or services to any business
entity which is licensed by or regulated in any manner by the agency
in which the officer or employee serves.
[R.O. 2013 §140.040; Ord. No. 1196 §4, 10-6-1994; Res. No. 8-18-14-1 § 2, 8-18-2014; Res. No. 6-6-16 § 2, 6-6-2016]
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.
[R.O. 2013 §140.050; Ord. No. 1196 §5, 10-6-1994; Res. No. 8-18-14-1 § 2, 8-18-2014; Res. No. 6-6-16 § 2, 6-6-2016]
[R.O. 2013 §140.060; Ord. No. 1196 §6, 10-6-1994; Res. No. 8-18-14-1 § 2, 8-18-2014; Res. No. 6-6-16 § 2, 6-6-2016]
The Purchasing Agent 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
or contract is or might be awarded any rebate, gift, money or anything
of value whatsoever, except where given for the use and benefit of
the City. Violation of the provisions of this Section shall upon conviction
thereof be punished as provided in the City Code.
[Ord. No. 2072, 1-19-2021[2]]
A.
Purpose.
1.
The purpose of this policy is to establish purchasing guidelines.
This policy is applicable to all purchasing for the City of Valley
Park.
2.
The City's purchasing Section was established to ensure that needed
goods and services are obtained in a timely manner, at the lowest
prices possible, consistent with acceptable quality standards, and
within the requirements of public purchasing laws.
3.
Consistent with these objectives, a part of the City's procurement
activity is decentralized. In recognition of the cost of staff time
and to reduce the cost of making certain purchases, selected personnel
as approved by the City Administrator, are allowed to make certain
purchases as laid out in this policy.
4.
Procedures that apply to purchases made directly by City staff are
described below, along with the public purchasing law and ethical
standards that shape the City's purchasing activities.
a.
Governing Laws And Regulations. Procurements by the City of Valley
Park are governed by State and local laws and regulations. This policy
establishes further requirements for the City's purchasing activities.
The City policy, adopted by ordinance, along with the State Statute
and the City's administrative policies and procedures describe basic
procurement processes: e.g., public bidding, bid opening, bid evaluation
and bid award.
b.
Principles And Ethics. All employees of the City of Valley Park subscribe
to the following principles and ethics:
(1)
We believe in the dignity and worth of the service rendered
by government and our own social responsibility as trusted public
servants. We consider, first, the interest of the City in all transactions
and carry out and believe in the City's established policies and ordinances
and the laws of the State of Missouri.
(2)
We keep the City informed, through appropriate channels, on
problems and progress of the agency we serve, but keep ourselves in
the background, by emphasizing the importance of the facts.
(3)
We are governed by the highest ideals of honor and integrity
in order that we may merit the respect and inspire the confidence
of the City and the public, which we serve.
(4)
We strive to stimulate competitive bidding in order to obtain
goods and services at the lowest viable cost and to provide all interested
vendors with the opportunity to offer their products to the City.
(5)
We strive to accord a prompt and courteous reception, so far
as conditions will permit, to all who call on a legitimate business
mission.
(6)
We believe that personal gain or benefit obtained through misuse
of public or personal relationships is dishonest.
(7)
All purchases in this Section, once completed, are to be recorded
on the requisition for supplies and services ledger maintained by
the City.
c.
Conflict Of Interest. No official of the City shall participate in
a transaction, contract, activity or service of the City in which
they personally have a direct or predictable effect on their financial
interests or the interests of an immediate family member.
d.
Personal Purchases. It is prohibited for an employee or official
to make purchases for their own personal purposes or to receive special
pricing from a vendor using the City's name or reputation.
e.
Unauthorized Purchases. No individual has the authority to enter
purchase agreements or contracts on behalf of the City unless specifically
authorized to do so by this policy.
B.
General
Rules. All purchases or contracts for services of any kind or description
(hereafter referred to as "Items" below), payment for which is to
be made from funds of the City of Valley Park, shall be performed
in the following manner:
1.
Items One Thousand Dollars ($1000.00) And Under.
2.
Items Over One Thousand Dollars ($1,000.00) And Up To Five Thousand
Dollars ($5,000.00).
a.
Items in this category may be purchased without competitive bidding
or Board of Aldermen approval on each item. However, the purchaser
shall attempt to solicit three (3) bids for the purchase. This solicitation
may be done via oral bid, electronically or by any other means as
needed. The Purchasing Agent and/or Mayor must pre-approve these purchases.
3.
Items Over Five Thousand Dollars ($5,000.00) And Up To Twenty-Five
Thousand Dollars ($25,000.00).
a.
Items in this category shall be secured on competitive bid basis.
This must be accomplished by securing at least three (3) informal
bids or through the formal bid process utilizing thorough advertisement
and specifications, whichever is most advantageous to the City by
the Purchasing Agent.
b.
When seeking written informal bids, all bids must be tabulated in
detail. If the recommended bid is not the lowest, a detailed explanation
must accompany the bid's submission to the Board of Aldermen.
c.
Bid award for items in this category shall be made by the Board of
Aldermen, based on the Purchasing Agent's recommendation, at a duly-noticed
Board meeting along with the expenditure authorization.
4.
Over Twenty-Five Thousand Dollars ($25,000.00).
a.
Any item(s) or services in this category shall be purchased through
the formal bid process. Formal bids shall be secured by advertisement
in a local newspaper of general circulation, as well as posting on
the City's website.
b.
The responsibility for the advertising of formal bids will be that
of the City Clerk or their designee. It will be the responsibility
of each department head to provide the City Clerk with any specifications
or advertisement notices to be used in this formal bidding process.
It is required that an advertisement for formal bid is placed in the
newspaper at least ten (10) days prior to the bid opening.
c.
The City Clerk shall be given sufficient notice by the department
head in order that deadlines for the purchase of any equipment or
services by bid may be met.
d.
Bid award for items in this category shall be made by the Board of
Aldermen, based on Purchasing Agent and purchaser's recommendations,
at a regularly scheduled Board meeting along with the expenditure
authorization.
5.
Prior to entering into any contract for general insurance and health
insurance needs, the City Administrator shall review and solicit competitive
bids at his/her discretion, at least every three (3) years for general
insurance and every six (6) years for health insurance.
6.
Regardless of dollar amount, formal or informal bidding will be utilized
as required by State or Federal grants, and under the issuance of
revenue or general obligation bonds.
C.
Invitations
For Bid.
1.
Formal Bid Process. All formal bid purchases or contracts for services
shall be advertised in a local newspaper of general circulation and
posted on the City website. The bid procedures shall be as follows:
a.
All notices and solicitation of bids shall state the time and place
of opening. It is required that the request for bid is placed in the
newspaper at least ten (10) days prior to the bid opening.
b.
Notices and solicitations of bids shall include information that
these are sealed bids and that they should be so identified (as bids)
on the envelope.
c.
Notices and solicitation of bids shall plainly state to whom the
sealed bid(s) should be addressed.
d.
Performance bond(s), in cash or otherwise, shall be requested if
in the best interest of the City in such an amount as may be deemed
sufficient to secure the execution of the contract or furnish supplies.
e.
The City of Valley Park, Missouri, reserves the right to reject any
and all bids and waive any informality. The City of Valley Park also
reserves the right to select the lowest and/or best bidder as determined
by the City in its sole discretion.
2.
Competitive Buying. City policy requires quotes or bids to be obtained
from as many providers as reasonably possible to insure a competitive
marketing atmosphere and advantageous pricing. A minimum of three
(3) bids must be obtained. Bids will be solicited when required by
policy and also when it is found to be advantageous to do so. Any
qualified provider may respond to a City request for quote or bid.
3.
Maintenance Agreements. If the need for a maintenance agreement is
anticipated at the time of purchase, the terms of the agreement must
be included in the bid specifications. If the agreement was not anticipated
at the time of purchase or the original agreement has expired, normal
bidding requirements apply.
4.
Negotiated Bids. The contract shall be let by the lowest and best
bidder. It is the right of the City to reject any and all bids and
re-solicit bids as deemed appropriate by the Board of Aldermen. If
the bids received are unreasonable, unacceptable to terms and conditions,
non-competitive, or the low bid exceeds the budget appropriation and
it is determined by the Board of Aldermen that the essence of time
will not permit a re-solicitation of bids, a negotiated contract may
take place provided that each vendor who submitted an original bid
is given the opportunity to submit a new and final bid. It is required
that the transaction is documented as to the reason bids were not
re-solicited and the negotiated bid is lower than the lowest and best
bid under the original solicitation.
D.
Award
Of Bid(s).
1.
Unless the City/Board of Aldermen exercise their right of rejection
of bids, purchase(s) or contract(s) shall be made from/with the lowest
and most qualified bidder, unless otherwise specified by State Statute,
for any article or for the entire purchase(s) or contract(s). In determining
the lowest and most qualified bidder, the following shall be considered:
a.
The ability, capacity and skill of the bidder to perform the contract
or provide the item/service required.
b.
Whether the bidder can perform the contract or provide the item/service
promptly or within the time specified without delay or interference.
c.
The character, integrity, reputation, judgment, experience and efficiency
of the bidder.
d.
The quality of performance of previous contracts, services or items.
e.
The previous and existing compliance by the bidder with laws and
ordinances relating to the contract, service or item.
f.
The sufficiency of the financial resources and ability of the bidder
to perform the contract or provide the service.
g.
The quality, availability and adaptability of the supplies or contractual
services to the particular use required.
h.
The ability of the bidder to provide future maintenance and service
for the use of the subject of the contract/bid.
i.
The number and scope of conditions attached to the bid.
2.
Bids requiring Board of Aldermen approval will be submitted at a
duly-noticed meeting of the Board of Aldermen.
E.
Emergency
Purchases.
1.
In the event of an apparent emergency that requires immediate purchase
of supplies or contractual services, the Mayor is empowered to authorize
the department head to secure any supplies or contractual service
regardless of the amount of the expenditure. In the absence or unavailability
of the Mayor, the President of the Board may authorize the emergency
purchase. In the absence or unavailability of the Mayor and the President
of the Board, the Purchasing Agent may authorize the emergency purchase,
and will document the surrounding circumstances.
2.
An emergency purchase is constituted as an immediate need of a good
or service which was unable to be anticipated, which time is a crucial
factor and would be a disservice to the citizens of the community
of Valley Park if the item is not purchased or service not secured.
F.
Exclusive
Or Specialized Service Or Product.
1.
In the event that there is only one (1) firm or company or individual
capable of providing a particular service or commodity, referred to
as a sole source vendor, and such services or commodities cannot be
reasonably secured from any other person(s) or company(ies), then
the department head may secure one (1) bid. The department head must
attach a detailed explanation as to why this is the only feasible
person/company from which to purchase/contract.
2.
In the event that it is advantageous to stay with a particular brand
or manufacturer in order to match or fit with equipment already on
hand or in use, bids may be secured only from person(s) or company(ies)
that carry that brand. The department head must attach a detailed
explanation as to why it is advantageous to stay with a particular
brand or manufacturer. When possible, three (3) bids should be obtained.
G.
Exemptions
From The Public Bidding Process.
1.
The public bidding process shall not apply to professional services
and the requirements shall not be mandatory in the employment of professional
services. Professional services, include, but are not limited to,
the following:
a.
Attorneys, bond counsel, certified public accountants, consultants,
engineers, land surveyors, architects, financial advisors, physicians,
and real estate brokers.
2.
Contract made with other governmental agencies.
3.
Contracts based on current contracts awarded by another public agency,
i.e., under State of Missouri contracts.
4.
Change orders, unless required under grant or bonding requirements.
H.
Waiver
Of Procedure. The Valley Park Board of Aldermen shall have the power
to waive any and all of the above requirements of this purchasing
policy, if, in the opinion of the majority of its members, if it is
beneficial or expeditious for the City to do so.
I.
Records.
Original bids and agreements for contractual services shall be filed
with the City Clerk. It is suggested that the departments also keep
a copy as appropriate for their own records.
J.
Petty
Cash. Petty cash reimbursements shall be limited to a maximum of one
hundred dollars ($100.00) and a record of all petty cash expenditures
shall be maintained.
K.
This
policy is intended to meet procurement standards in the Office of
Management and Budget 2 CFR Part 200.
To promote compliance with Federal regulations, the City of
Valley Park staff will perform some measure of cost/price analysis
when making purchases under Federal grants. The City of Valley Park
will make every effort to avoid purchasing unnecessary or duplicate
items. Positive efforts will be made to make purchases with consideration
of these priorities:
[2]
Editor's Note: Former Sections 140.070, Competitive Bidding; 140.080, Notice Defined; 140.090, Financial Requirements of Bids; 140.100, Bid Opening Procedures; 140.110, Lowest Responsible Bidder; 140.120, Justification of Award; 140.130, Tie Bids; 140.140, Open Market Procedures; 140.150, Procuring Professional Services; 140.160, Petty Cash Revolving Fund; 140.170, Emergency Purchases; 140.180, Cooperative Procurement; and 140.190, Controls for Purchasing and the Expenditures of Appropriated Funds, were repealed in their entirety 1-19-2021 by Ord. No. 2072, and their numbers and content have been removed from the Code in their entirety. The City's Procurement Policy is now contained in this Section 140.070.
