City of De Soto, MO
Jefferson County
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Table of Contents
Table of Contents
[Ord. No. 3987 §1, 9-16-2013[1]]
The City Manager and Assistant City Manager shall act as the purchasing agent for the City.
[1]
Editor's Note: Section 1 of this ordinance also repealed former Ch. 145, Purchasing Policies, as adopted and amended by CC 1988 §§2-88—2-106; Ord. No. 2502 §§1—5, 4-15-1974; Ord. No. 2599 §§1—2, 6-6-1977; Ord. No. 2636 §1, 7-17-1978; Ord. No. 2748 §§1—9, 2-20-1984; Ord. No. 3145 §2, 8-16-1993; Ord. No. 3209 §§1—2, 2-22-1995; Ord. No. 3257 §1, 5-20-1996; Ord. No. 3398 §1, 2-23-2000; Ord. No. 3816 §§1—2, 7-20-2009.
[Ord. No. 3987 §1, 9-16-2013]
Bidders are informed that the project is subject to the requirements of Section 292.675, RSMo., which requires all contractors or subcontractors doing work on the project to provide and require its on-site employees to complete a ten-hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the work site without documentation of the required training shall have twenty (20) days to produce such documentation.
[Ord. No. 3987 §1, 9-16-2013]
A. 
Department heads are to obtain and submit requisitions. Department heads will verify that funds are available through the Finance Clerk.
B. 
The purchasing agent may make purchases of up to twenty-five thousand dollars ($25,000.00) without prior approval of the Council; provided, that such purchases are made in the ordinary and usual course of administration of the City. The purchasing shall adhere to bidding requirements as set forth by law.
[Ord. No. 3987 §1, 9-16-2013]
A. 
Any expenditure for supplies, materials, equipment, construction projects or contracts obligating the City, where the amount of obligation is in excess of twenty-five thousand dollars ($25,000.00), shall be governed by the provisions of this Section.
1. 
Such expenditures shall be made the subject of a written contract. The purchase order shall be sufficient written contract only in cases where the expenditures are in the usual and ordinary course of the City's affairs and in no case shall it be sufficient for the construction of public works or the contracting for supplies or services over any period of time or where the quality of the goods or materials or the scope of the services bargained for is not wholly standardized.
2. 
Notice inviting sealed bids shall be published in some newspaper of general circulation at least five (5) days before the final date for submitting bids thereon. Such notice shall give briefly the specifications of the supplies, materials, equipment or construction project or other matter to be contracted for or shall designate the office where a complete copy of the specifications may be examined and shall state the amount of bond or other security, if any is to be required, to be given with the bid, and the amount of bond or other security to be given with the contract. The notice shall state the time limit, the place of filing and the time of opening the bids and shall also state that the right is reserved to reject any or all bids. Any other conditions of award of the contract shall also be stated general terms.
3. 
The purchasing agent shall also solicit bids from a reasonable number of qualified prospective bidders as are known to him/her by sending each a copy of the notice requesting bids.
4. 
The Council shall prescribe the amount of any security to be deposited with any bid, which deposit shall be in the form of cash, certified or cashier's check or bond written by a surety company authorized to do business in the State. The amount of security of such bond shall be expressed in terms of percentage of the bids submitted. The Council shall also fix the amount of performance bond and, in the case of construction contracts, the amount of labor and material bond to be required of the successful bidder.
5. 
Bids shall be opened in public at the time and place designated in the notice requesting bids. The bids shall thereupon be carefully examined, tabulated and reported to the Council with the recommendations of the City Manager at the next Council meeting. After tabulation, all bids may be inspected by the competing bidders.
6. 
When such bids are submitted to the Council, the contract to be executed shall also be submitted and if the Council shall find any of the bids to be satisfactory, it shall award the contract to the lowest responsible bidder, unless the Council shall determine that the public interest will be better served by accepting a higher bid and shall authorize the execution of the contract on behalf of the City after the execution of the contract by the successful bidder and the filing of any bond which may have been required. The Council shall have the right to reject any and all bids and to waive irregularities in bidding and to accept bids which do not conform in every respect to the bidding requirements.
7. 
At the time the contract is executed by him/her, the contractor shall file a bond executed by a surety company authorized to do business in the State to the City if such is required under the bidding specifications. The bond shall be conditioned upon the performance of such contractor and shall save the City harmless from all losses or damages caused to any person or property by reason of carelessness or negligence by the contractor and from all expense of inspection, engineering or other expenses caused by the delay in the completion of any improvement, and further conditioned to pay all laborers, mechanics, subcontractors and material men, as well as all just debts, dues and demands incurred in the performance of such work.
8. 
All bids, deposits of cash or certified or cashier's checks may be retained until the contract is awarded and signed. If any successful bidder fails or refuses to enter into the contract awarded to him/her within a reasonable period of time not exceeding thirty (30) days unless approved by the City Manager, or file any bond required within the same time, the deposit accompanying his/her bid shall be forfeited to the City, and the Council may, in its discretion, award the contract to the next lowest responsible bidder unless the Council shall determine that the public interest will be better served by accepting a higher bid, or such contract may be readvertised.
9. 
Bidders will be informed that, as a condition of the award of any contract in excess of twenty-five thousand dollars ($25,000.00), the successful bidder shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a Federal work authorization program with respect to the employees working in connection to the contracted services. Successful bidders shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection to the contracted services.
[Ord. No. 3987 §1, 9-16-2013]
The heads of departments may make emergency contracts for the repair and maintenance of emergency vehicles or emergency contracts for the repair, maintenance and upkeep of any municipal utility ordered by the department head after first notifying the City Manager and obtaining his/her approval for such emergency purchase. The City Manager and the department head shall report such emergency purchase or contract at the regular or special meeting after the award of such emergency contract and report such in detail to the City Council. An "emergency" is defined as an incident jeopardizing the public safety.
[Ord. No. 3987 §1, 9-16-2013]
The purchasing agent shall establish a system for purchasing, including such things as bidder lists, purchase order forms, requisition forms, etc.
[Ord. No. 3987 §1, 9-16-2013]
A. 
Surplus and outmoded and obsolete equipment valued under one thousand dollars ($1,000.00) may be sold by the department head with the prior approval of the City Manager after the department head has made diligent attempts to sell at the highest reasonable price.
B. 
All surplus equipment of the value of one thousand dollars ($1,000.00) or more shall be sold only after advertisement for at least five (5) days prior to the date of sale and:
1. 
Acceptance of sealed bids thereon; or
2. 
By surplus auction at a date designated by the City Manager.
[Ord. No. 3987 §1, 9-16-2013]
A. 
The provisions in this Article relating to contracting do not relate to contracts with other governmental units.
B. 
Where it is desired to enter into any contract with another governmental unit, the proposed contract will be approved by the City Council at any regular meeting or at a special meeting called for the purpose of approving such contract.
[Ord. No. 3987 §1, 9-16-2013]
In order to establish a uniform selection procedure for consulting services and procure the best services at the most reasonable cost, this Article has been adopted.
[Ord. No. 3987 §1, 9-16-2013]
As used in this Chapter, the following terms shall have the meanings indicated:
1. 
Those services within the scope of the practice of architecture, engineering or land surveying, as defined by the laws of the State, or those performed by any architect, professional engineer or registered land surveyor in connection with his/her professional employment or practice.
2. 
The term "consultant services" may also encompass the services provided by planning consultants, accountants, data processing consultants, insurance consultants and other persons or firms providing professional consultant services.
[Ord. No. 3987 §1, 9-16-2013]
The City Clerk will maintain a roster, classified by category of consultant service, of qualified firms interested in performing professional services for the City. Names of firms will be placed on the roster upon the firms' request or when recommended by the Mayor, a member of the City Council or the City Manager. In order to be placed on the list, a firm must submit a letter of interest and resume of the firm, detailing its experience and qualifications. The roster will be effective for one (1) year, after which the firm must again request to be considered for services by the City or be recommended as aforesaid.
[Ord. No. 3987 §1, 9-16-2013]
A. 
The City Manager may, at his/her discretion, appoint firms to act in the capacity of "City Engineer" in the areas of the firms' expertise. The "City Engineer" shall be appointed on the basis of the following:
1. 
Qualifications and experience in the type of engineering projects commonly done by the City.
2. 
The staffing level of the firm in relation to the needs of the City.
3. 
The geographic location of the firm in relation to the City.
4. 
The performance of the firm on previous projects done by the City.
[Ord. No. 3987 §1, 9-16-2013]
The City Manager may appoint firms to assist the City as may be necessary. In instances where outside agencies dictate otherwise, the selection process outlined by that agency will be followed.
[Ord. No. 3987 §1, 9-16-2013]
A. 
In the event that special conditions arise that make the use of this policy impractical, the City Manager, at his or her discretion, may waive the requirements of this Article. Reasons for exceptions will include, but not be limited to:
1. 
Emergency situations which preclude a selection time of at least two (2) months.
2. 
An extremely specialized need for services in which there are few feasible sources of expertise.
3. 
A circumstance in which the number of firms willing and available to perform a specification is small, in which case the step involving initial screening may be skipped, and the process will proceed from evaluation of responses to scope of services.
[Ord. No. 3987 §1, 9-16-2013]
A. 
Each contract entered into by the City Council for consultant services shall contain a prohibition against contingent fees as follows:
"No firm shall retain a person to solicit or receive a City contract for professional services upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established selling agencies for the purpose of securing business."
B. 
For the breach or violation of the foregoing provision, the City Council shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.
[Ord. No. 3987 §1, 9-16-2013]
The City Manager may waive any of the procedural requirements set forth in this Article in the best interests of the City.