[Ord. No. 16-030 §2, 5-9-2016]
Except as provided in this Chapter, all relevant statutes of
the State of Missouri apply to the procurement of any materials; supplies;
equipment; articles; services, including architectural, engineering,
land surveying, construction, management, consulting, maintenance
and other similar professional services; banking; and insurance. This
Chapter shall be construed in a manner consistent with the contracting
requirements set forth in Sections 50.660 and 432.070, RSMo., and
the Charter and Ordinances of St. Charles County, as may be amended
from time to time.
[Ord. No. 16-030 §2, 5-9-2016]
The Department of Finance will establish and administer purchasing
procedures in accordance with this policy and coordinate purchasing
procedures with the departments.
[Ord. No. 16-030 §2, 5-9-2016]
Purchasing procedures and administrative practices developed
from this policy shall be uniformly standardized, but sufficiently
flexible to account for isolated unique conditions. Items commonly
used in the various departments or units thereof shall be standardized
whenever consistent with County goals and in the interest of efficiency
and economy.
[Ord. No. 16-030 §2, 5-9-2016]
All contracts for purchases shall be in writing. Verbal contracts
are void and unenforceable against the County. Vendors are hereby
given notice that the County cannot be held liable under any theory
of ratification, estoppel, implied contract or quantum meruit.
[Ord. No. 16-030 §2, 5-9-2016]
Any vendor that may wish to conduct business with the County
may register to receive notifications via the County's website.
Registration provides a means of receiving bid, qualification and
proposal solicitations and updates to open bid, qualification and
proposal solicitations. The Director of Finance has the authority
to declare as irresponsible bidders those vendors who default on their
quotations, and to disqualify them from receiving any business from
the County for a period of time to be imposed by the Director of Finance.
Said declaration may be appealed by a vendor to the Director of Administration
or designee who shall issue a decision within thirty (30) days of
receipt.
[Ord. No. 16-030 §2, 5-9-2016]
A.
No officer or employee of the County, whether elected or appointed,
shall in any manner whatsoever be interested in or receive any benefit
from the profits or emoluments of any contract, job, work, activity,
function, or service for the County. No officer or employee shall
act or refrain from acting in any capacity in which he is lawfully
empowered to act as such an official or employee by reason of any
payment, offer to pay, promise to pay, or receipt of anything of actual
pecuniary value, other than compensation to be paid by the County.
No officer or employee shall knowingly accept any service or thing
of value, directly or indirectly, from any person, firm or corporation
having dealings with the County, upon more favorable terms than those
granted to the public generally. No officer or employee shall knowingly
receive, directly or indirectly, any part of any fee, commission or
other compensation paid by or payable to the County, or by any person
in connection with any dealings with the County, or by any person
in connection with any dealings with or proceedings before any office,
officer, department, board, commission or other agency of the County.
No such officer or employee shall directly or indirectly be the broker
or agent who procures or receives any compensation in connection with
the procurement of any type of bonds for County officers, employees
or persons or firms doing business with the County guaranteeing the
performance of any contract with the County.
B.
No officer or employee shall use confidential information obtained
in the course of or by reason of his employment or official capacity
in any manner with intent to result in financial gain for himself,
his spouse, his dependent child in his custody, or any business with
which he is associated. No officer or employee shall disclose confidential
information obtained in the course of or by reason of his employment
or official capacity in any manner with intent to result in financial
gain for himself or any other person.
C.
The provisions of Article X, Section 10.400 of the St. Charles County
Charter shall be broadly construed and strictly enforced for the purpose
of preventing County officers and employees from securing any pecuniary
advantages, however indirect, from their public affiliations, other
than their County compensation.
D.
Any officer or employee of the County who willfully conceals any
such interest or violates any of the provisions of Article X, Section
10.400 of the St. Charles County Charter shall forfeit his office.
Any contract made in violation of Article X, Section 10.400 of the
St. Charles County Charter may be declared void by the County Executive
or by resolution of the County Council.
E.
All officers and employees of the County shall be bound by all applicable
laws that pertain to conflicts of interest of such officers and employees
such as those contained in the Revised Statutes of Missouri (RSMo.).
F.
Acceptance of gifts other than advertising novelties for use at work
is prohibited at all times. No officer or employee of the County shall
become obligated to any vendor and shall not participate in any transaction
from which they may personally benefit.
G.
Officers and employees of the County shall be cautious to avoid situations
in dealing with vendors or potential vendors that may be construed
as bribery. Open bribery is seldom attempted; usually it consists
of an attempt to secure favoritism by gifts or entertainment. County
officers and employees should be cautious to avoid situations that
may give rise to suspicion of their ethics.
[Ord. No. 16-030 §2, 5-9-2016]
Personal purchases for officers and employees by purchasing
staff are prohibited unless said purchases have been approved by the
Director of Administration and the order is prepaid by the officer
or employee. County officers and employees are also prohibited from
using the County's name or the employee's position to obtain
special price or service consideration in personal purchases unless
the vendor includes County employees in a type of promotional or discount
program that is available on similar terms to other government or
corporate customers.
[Ord. No. 16-030 §2, 5-9-2016]
No individual has the authority to enter into purchase contracts,
or in any way to obligate the County for a procurement indebtedness,
unless specifically authorized to do so by the Charter, ordinance,
or by the Director of Finance pursuant to his powers under this Chapter.
Any such purchase is an unauthorized purchase and the obligation is
classified as a personal expense. Vendors doing business with the
County are hereby advised that all purchases chargeable to the County
must be authorized by an official County purchase order or duly approved
contract, signed by an authorized individual pursuant to Section 135.410(C).
The County will not reimburse officers or employees for the cost of
any such purchases on behalf of the County, unless previous arrangements
to that end have been made.
[Ord. No. 16-030 §2, 5-9-2016]
It is County policy not to endorse or in any way permit the
employees' name, position, or the County's name to be used
and advertised as supporting any product or vendor. This does not
restrict the issuance of letters to vendors noting satisfactory or
exceptional service or products, however, the correspondence must
clearly indicate that the letter is not for reprinting.
