[Ord. No. 1837 §26.001, 5-8-2001]
A.
This
Chapter contains written guidelines for purchasing and expenditures
within the City of Eldon, Missouri. These guidelines are designed
to provide definitive rules for the purchasing of goods and services
and making budgeted expenditures.
B.
This
Chapter provides rules for purchasing based on prior Board approval,
routine purchases, emergency purchases and sets the limits within
these categories.
C.
This
Chapter is intended to provide an incentive to local bidders, to encourage
economic growth in the community and ease of service.
[CC 1988 §§38.100 — 38.110]
A.
The
City Administrator is hereby designated as the purchasing agent for
the City. The City Administrator, when authorized, shall procure for
the City bids for supplies and services needed by the City in accordance
with the procedures prescribed by this Chapter or required by law.
1.
Except as provided in this Chapter, it shall be unlawful for any
City Officer or employee to order the purchase of any supplies or
make any contract within the purview of this Chapter other than through
the City Administrator, and any purchase ordered or contract made
contrary to the provisions hereof shall not be approved by City Officials,
and the City shall not be bound thereby.
2.
The City Administrator shall establish a purchase order system.
3.
A purchasing agent may be assigned to one (1) specialty area (e.g.
computer acquisitions) or generally assigned (e.g. all commodities).
The City Administrator may assign purchasing agent duties to department
heads after consultation and approval of the Mayor.
B.
Duties Generally. In addition to the purchasing authority
conferred in the preceding Section and in addition to any other powers
and duties conferred by the Code or other ordinance, the City Administrator
shall:
1.
Act to procure for the City the highest quality in supplies and contractual
services at the least expense to the City.
2.
Discourage uniform bidding and endeavor to obtain as full and open
competition as possible on all purchases and sales.
3.
Keep informed of current developments in the field of purchasing,
prices, market conditions and new products and secure for the City
the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations,
and by private businesses and organizations.
4.
Prepare, adopt and maintain a vendors' catalogue file. Said catalogue
shall be filed according to materials and shall contain descriptions
of vendors' commodities, prices and discounts.
5.
Exploit the possibilities of buying "in bulk" so as to take full
advantage of discounts.
6.
Act so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
7.
Have the authority to declare vendors who default on their quotations
irresponsible bidders and to disqualify them from receiving any business
from the municipality for a stated period of time.
[Ord. No. 1837 §26.003, 5-8-2001]
A.
During
the budget process, each department will file a request for all supplies,
contractual services, capital items and so forth.
1.
A City department or agency may request additional supplies, contractual
services, capital items and so forth after the passage of the budget.
Granting of these requests will be based on the City's financial outlook.
2.
The purchasing agent shall have the authority to revise the quantity,
quality and estimated cost of requisitions or deny requests for requisitions
altogether.
3.
The purchasing agent, upon consultation and approval of the City
Administrator, may revoke a department's ability to purchase goods
and services based on the City budgetary constraints or other appropriate
reason.
4.
The purchasing agent may authorize the acquisition of budgeted items
up to two thousand five hundred dollars ($2,500.00).
5.
The City Administrator may authorize any expenditure contained within
the budget up to ten thousand dollars ($10,000.00).
6.
The Mayor may authorize any expenditure contained within the budget
up to fifteen thousand dollars ($15,000.00).
7.
All expenditures over fifteen thousand dollars ($15,000.00), that
are not specifically mentioned in the budget or are not purchased
as part of a State contract or other system contained herein, shall
be submitted as a request to purchase report and submitted to the
Board of Aldermen for approval.
[Ord. No. 1837 §26.004, 5-8-2001]
No officer or employee of the City shall transact business in
his/her official capacity as a purchasing agent 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 a substantial conflict
or any firm 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 City.
[Ord. No. 1837 §26.005, 5-8-2001]
A.
No
purchasing agent, 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.
B.
If
a purchasing agent, officer or employee is engaged in any dealings
with an entity as noted above, the purchasing agent, officer or employee
shall note his/her involvement and recuse himself/herself from the
discussion and final decision-making process, except to explain their
involvement.
C.
A system
of accepting phone bids from three (3) bidders or all local business
engaged in a business shall be used rather than exclude business in
which a City employee or elected official role with the business would
violate this rule.
[Ord. No. 1837 §26.006, 5-8-2001]
Officers and employees of the City are expressly prohibited
from accepting, directly or indirectly, from any person, company,
firm or corporation to which any purchase order or contract is or
might be awarded any rebate, gift, money or anything of value whatsoever.
This exclusion shall not include gifts of nominal value (less than
fifteen dollars ($15.00) or promotional products such as logo shirts,
hats and so forth) or gifts that benefit the City or City employees
(such as scoreboards, Christmas popcorn tins, etc.).
[Ord. No. 1837 §26.007, 5-8-2001]
All purchases of and contracts for new supplies and contractual
services, and all sales of personal property which have become obsolete
and unusable shall be based, whenever possible, on competitive bids
if the estimated cost exceeds one thousand dollars ($1,000.00). The
purchase of used items shall be left to the discretion of the purchasing
agent. Competitive bids shall be defined as telephone, fax or e-mail
bids from three (3) or more responsible bidders. The Board of Aldermen
may waive the requirement for bidding if a contract exists for the
good or service at the time of seeking additional goods or service
and the Board makes a finding that it is in the best interest of the
City to seek a modification, extension or renewal of the existing
contract with the same vendor.
[Ord. No. 1837 §26.008, 5-8-2001]
A.
All
supplies and contractual services, except as otherwise provided in
this Chapter, when the estimated cost thereof shall exceed five thousand
dollars ($5,000.00), shall be purchased by formal, written contract
from the lowest responsible bidder after due notice inviting proposals.
All sales of personal property which has become obsolete and unusable,
when the estimated value shall exceed five thousand dollars ($5,000.00),
shall be sold by formal written contract to the highest responsible
bidder after due notice inviting proposals.
1.
State contract. Any goods or service provider who
shall be awarded a contract for the State bid for a good or service
shall be considered a lowest responsible bidder for purpose of this
Section.
2.
Local bidder, State contract and any State Agency. Any local vendor of a good or service may request the opportunity
to meet the State contract and any State Agency price plus no more
than four percent (4%) for purchases less than fifteen thousand dollars
($15,000.00), the State contract and any State Agency price plus no
more than two percent (2%) for purchases greater than fifteen thousand
dollars ($15,000.00). All local vendors who deal in the item shall
be contacted to permit an opportunity to meet or exceed the State
contract plus price.
[Ord. No. 33-2020, 8-11-2020]
3.
Auction. Purchases made at a competitive auction
shall be deemed compliant with this Section. The sale of equipment
at a competitive auction shall be deemed compliant with this Section.
[Ord. No. 1837 §26.020, 5-8-2001]
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 the City and at least five (5) days preceding
the last day set for the receipt of proposals. The newspaper notice
shall contain a general description of the goods or services request
and the location of bid specifications, the closing date for receipt
of bids and the opening date of the bids.
2.
The purchasing agent may solicit sealed bids from all prospective
bidders, if any have requested their names be added to the "bidder's
list".
3.
The purchasing agent may solicit bids through any reasonable means.
[Ord. No. 1837 §26.021, 5-8-2001]
Bids shall be submitted sealed to the City Clerk or purchasing
agent. The bid shall contain the word bid on the envelope. The tabulation
of all formal bids shall be posted for public inspection.
[Ord. No. 1837 §26.022, 5-8-2001]
A.
Contracts
shall be awarded to the lowest responsible bidder. Bids shall not
be accepted from nor contracts awarded to a contractor who is in default
on the payment of taxes, licenses or other monies due 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 services 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 related to the contract or services.
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 availability 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.
[Ord. No. 1837 §26.025, 5-8-2001]
All bids shall be accepted or rejected by the Board of Aldermen,
unless the bid item is less than five thousand dollars ($5,000.00).
If the bid is less than five thousand dollars ($5,000.00) and more
than one thousand dollars ($1,000.00), the item must be specifically
mentioned in the department's budget or a written request for the
item must have been forwarded to the City Administrator. When the
award is not given to the lowest bidder, a full and complete statement
of the reasons for accepting a higher bid shall be stated in a report
from the purchasing agent to the City Administrator and/or Board of
Aldermen.
[Ord. No. 1837 §26.030, 5-8-2001]
In making and letting contracts, the purchasing officer shall
give preference to firms which maintain an office or a place of business
within the corporate limits of the City of Eldon when the quality
of a commodity or performance is equal or better and the price is
within four percent (4%) for purchases less than fifteen thousand
dollars ($15,000.00) and two percent (2%) for purchases over fifteen
thousand dollars ($15,000.00). Giving preference to local vendors
does not ordain a right or privilege in the local vendor if the purchase
price from a non-local vendor is less.
[Ord. No. 1837 §26.040, 5-8-2001]
In all purchases, the purchasing officer shall include a statement
that the City of Eldon requests use of American products if the quantity,
quality and price are equal to or within a reasonable amount higher
than non-American products. The purchasing officer may select an American
product over a non-American product if the increase in price for the
American product is within reason. This decision shall be disclosed
to the City Administrator or Board of Aldermen in the form of a purchasing
report.
[Ord. No. 1837 §26.050, 5-8-2001]
Where there is a tie bid and no local low bidder or in the cases
where all bidders are local, the award shall be made on the basis
of a drawing of lots to be held in public.
[Ord. No. 1837 §26.060, 5-8-2001]
In case of an apparent emergency which requires immediate purchase
of supplies or contractual services, the Mayor or City Administrator
may authorize the purchases at the lowest obtainable price any supplies
or contractual services regardless of the amount of the expenditure.
A full explanation of the circumstances of an emergency purchase shall
be recorded in a report to the Board of Aldermen.
[Ord. No. 1837 §26.070, 5-8-2001]
To the maximum extent practicable, the purchases of this City
shall be made under the provisions of the Missouri State Local Technical
Services Act. The provisions of this Chapter requiring competitive
bidding at the local level shall not apply to such purchases.
[Ord. No. 1837 §26.100, 5-8-2001]
The City Administrator with the approval of the Mayor may for
budgetary purposes or to avoid litigation expend up to one (1) year's
salary expenditure, based on that employee's salary, for any employee
to enter into an agreement with the employee to terminate employment.
The Mayor shall submit a report to the Board of Aldermen detailing
the cost benefit saving resulting from such an agreement.
[CC 1988 §38.120]
A.
Each
City department or agency shall file with the City Administrator detailed
requisitions or estimates of their requirements in supplies and contractual
services in such manner, at such times and for such future periods
as the City Administrator shall prescribe.
1.
A City department or agency shall not be prevented from filing in
the same manner with the City Administrator at any time a requisition
or estimate for any supplies and contractual services, the need for
which was not foreseen when the detailed estimates were filed.
2.
The City Administrator shall examine each requisition or estimate
and shall have the authority to revise it as to quantity, quality
or estimated cost or disapprove it completely.
