City of Herculaneum, MO
Jefferson County
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Table of Contents
Table of Contents
[Ord. No. 00-026 §1, 11-27-2000; Ord. No. 10-2015 §1, 4-6-2015]
A. 
The Purchasing Agents for the City shall be the City Clerk, City Administrator, Public Works Supervisor and Police Chief. They, when authorized by the Mayor and/or Board of Aldermen, shall procure for the City bids for supplies, materials, equipment, construction projects or contracts needed by the City, in accordance with the procedures prescribed by this Chapter or required by law.
B. 
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 a Purchasing Agent, 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.
[Ord. No. 00-026 §2, 11-27-2000]
A. 
In addition to the purchasing authority conferred in the preceding Section, and in addition to any other powers and duties conferred by this Chapter or other ordinance, the Purchasing Agents 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. 
Prescribe and maintain such forms necessary for the operation of the purchasing function.
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.
8. 
Pursue all appropriate claims against the supplier, shipper or carrier, when and if necessary.
[Ord. No. 00-026 §3A, 11-27-2000; Ord. No. 10-2015 §2, 4-6-2015]
A. 
All purchases must be approved by a designated Purchasing Agent with the exception of the following:
1. 
Purchases made at a store where the City has set up a charge system do not require a purchase order but must have permission of a department head. This includes gasoline, washing City vehicles, small items used in routine daily operations, such as items necessary to make minor repairs, cleaning products and office supplies, provided the cost of these items does not exceed two hundred dollars ($200.00).
2. 
Services such as rent, utilities, telephone, accounting, legal and insurance should be made by contractual agreement and do not require the use of a purchase order.
[Ord. No. 00-026 §3B, 11-27-2000]
A. 
No officer or employee of the City shall transact any business in his official capacity with any business entity of which he is an officer, agent or member or in which he owns a substantial interest; nor shall he make any personal investments in any enterprise which will create a substantial conflict between his private interest and the public interest; nor shall he or any firm or business entity of which he 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.
B. 
No elected or appointed official or employee of the City, serving in an executive or administrative capacity, shall:
1. 
Perform any service for the City for receipt or payment of any compensation, other than of the compensation provided for the performance of his official duties, in excess of five hundred dollars ($500.00) per year, except on transactions made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer is the lowest received.
2. 
Sell, rent or lease any property to the City and receive consideration therefor in excess of five hundred dollars ($500.00) per year unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received.
[Ord. No. 00-026 §4, 11-27-2000]
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 shall be disqualified from rendering any decision or passing any judgment upon the same.
[Ord. No. 00-026 §5, 11-27-2000]
Any person who violates the provisions of Sections 133.040 or 133.050 hereof shall, upon conviction thereof, be punished as provided in the Municipal Code of the City of Herculaneum.
[Ord. No. 00-026 §6, 11-27-2000]
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 use and benefit of the City. Violation of the provisions of this Section shall, upon conviction thereof, be punished as provided in the Municipal Code of the City of Herculaneum.
[Ord. No. 00-026 §7, 11-27-2000; Ord. No. 05-002 §1, 1-24-2005; Ord. No. 10-2015 §3, 4-6-2015]
A. 
When the City negotiates any purchase, sale, or other contract, there shall be provided ample opportunity for competitive bidding in the following manner:
1. 
If the consideration is not more than one thousand five hundred dollars ($1,500.00), no competitive bidding is required. The department head will clear any and all purchases with the City Administrator to obtain approval.
2. 
If the consideration is for more than one thousand five hundred dollars ($1,500.00) but less than five thousand dollars ($5,000.00), at least three (3) prospective vendors, from which the lowest bid with proper qualifications shall be accepted. A record of the quotations shall be maintained. The purchase shall be approved by the Board of Aldermen.
3. 
All supplies and contractual services estimated to cost in excess of five thousand dollars ($5,000.00) shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals. Whenever possible, at least three bids should be maintained from prospective, qualified vendors. The Board of Aldermen shall award the contract or purchase.
4. 
Individual contracts, purchases or sales, be they for goods, supplies, commodities or services, shall not be excluded from the requirement of competitive bidding herein above described.
5. 
Individual contracts or purchases shall not be subdivided for the purpose of evading the requirement of competitive bidding.
6. 
In any instance where the State has received a competitive bid for vehicles or any other equipment, then the City shall be permitted to use the State bid in lieu of the bidding requirements of Section 133.080.
[Ord. No. 00-026 §8, 11-27-2000]
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 Jefferson County at least five (5) days preceding the last day set for the receipt of proposals. The newspaper notice required herein shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
2. 
The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a "bidder's list" which the Purchasing Agent shall maintain by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidder's list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
3. 
The City Clerk shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the City Hall.
4. 
The City Clerk shall also solicit sealed bids by direct mail request to prospective vendors and by telephone, as may seem to be in the best interest of the City.
[Ord. No. 00-026 §9, 11-27-2000]
Bids shall be submitted sealed to the City Clerk and shall be identified as bids on the envelope. They shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be posted for public inspection and a tabulation report forwarded to the Board of Aldermen.
[Ord. No. 00-026 §10, 11-27-2000]
A. 
The City reserves the right to reject any or all bids. Contracts shall be awarded to the lowest responsible bidder. Bids shall not be accepted from, nor contract 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 service 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 relating to the contract or service.
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 ability 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. 00-026 §11, 11-27-2000]
All bids shall be accepted or rejected by the Board of Aldermen. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be entered upon the journal of the Board.
[Ord. No. 00-026 §12, 11-27-2000]
If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. Where there is no local low bidder, the award shall be made on the basis of a drawing of lots to be held in public.
[Ord. No. 00-026 §13, 11-27-2000]
A. 
All purchases of supplies and contractual services, and all sales of personal property which has become obsolete and unusable for which competitive bidding is not required by Section 133.080 shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 133.080 for the award of formal contracts. Provided however, that the formal market procedures shall be used in the procurement of fuel for City vehicles and for insurance without regard to the dollar amount of the purchase.
1. 
All open market purchases shall, whenever possible, be based on at least three (3) competitive bids and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in Section 133.110.
2. 
The City shall solicit bids by:
a. 
Direct mail request to prospective vendors;
b. 
By telephone; and
c. 
By public notice posted on the bulletin board of City Hall.
3. 
The City Clerk shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall be open to public inspection.
[Ord. No. 00-026 §14, 11-27-2000; Ord. No. 10-2015 §4, 4-6-2015]
In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Purchasing Agent may, with the consent of the Mayor or City Administrator, authorize the purchase, at the lowest obtainable price, of 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 the journal of the Board of Aldermen.
[Ord. No. 00-026 §15, 11-27-2000; Ord. No. 28-2014 §1, 4-14-2014]
A. 
The Purchasing Agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interest of the City would be served and after the approval of the Board of Aldermen. When bids have already been obtained by other units of government within the State of Missouri, then, upon approval by the Board of Aldermen, such bids can be used, and the requirements of this Chapter with respect to bidding can be waived by resolution of the Board of Aldermen.
B. 
The City is also authorized to be a member of and join the National Purchasing Cooperative ("BuyBoard") to further meet the City's goal of receiving the lowest responsible bid.
[Ord. No. 00-026 §16, 11-27-2000]
Each Purchasing Agent may, on his own authority, contract for supplies not to exceed three hundred dollars ($300.00) total cost per order. Larger purchases must be approved in advance by the Mayor or Board of Aldermen. All receipts for items charged to the City must be signed by the Purchasing Agent and turned over to the City Clerk for payment. All purchases are subject to final acceptance by the Board of Aldermen.
[Ord. No. 091-2006 §1, 8-14-2006]
A. 
When the Board of Aldermen has determined that the sale or exchange of any personal property owned by the City will be in the best interest of the City, it may:
1. 
Sell such property at public auction in the manner provided in the Missouri Statutes.
2. 
Authorize the City Administrator to negotiate the sale or exchange of such property subject to the approval and acceptance by the Board of Aldermen.
3. 
Exchange such property for other real property of substantially equal value, or for other real property plus an amount of money equal to the difference in value of for equipment and/or supplies and/or services of substantially equal value, if it has been determined that the acquisition of such real property will be in the best interests of the City.
4. 
Sell such property at a public sale in the manner provided in the Missouri Statutes.
5. 
Sell such property through an Internet auction website in the manner provided for public auctions in the Missouri Statutes.