Cross Reference: As to the City's Financial Procedures Manual, Section 145.005. Same is held on file in the City offices.
[CC 1961 §4.04; Ord. No. 2017 §1, 6-3-1974; Ord.
No. 2541 §1, 6-21-1982; Ord. No. 2618 §1, 8-15-1983; Ord. No. 3775 §1, 2-4-2008]
A.
No
purchase, purchases, or contracts for services of any kind or descriptions,
payment for which is to be made from funds of the City, shall be made
by the purchasing agent or any officer, employee or agent of the City,
except in the manner hereinafter set forth.
1.
Under $1,000.00. Whenever any contemplated purchase
or contract for services is for the sum of less than one thousand
dollars ($1,000.00), the purchasing agent of the City may order the
item or items as needed without further formality.
2.
$1,000.00 to $4,999.00. Whenever any contemplated
purchase or contract for services is for the sum of one thousand dollars
($1,000.00) and no more than four thousand nine hundred ninety-nine
dollars ($4,999.00), the purchasing agent shall solicit at least three
(3) written bids for the item or items or service on bid forms and
award the purchase or contract of service to the lowest responsible
bidder.
3.
Over $4,999.00. Whenever any contemplated purchase
or contract for services is for the sum of more than four thousand
nine hundred ninety-nine dollars ($4,999.00), the purchasing agent
shall cause to be published in one (1) issue of a newspaper of general
circulation in the City notice inviting bids, which said notice shall
be published at least ten (10) days prior to date set for the receipt
of the bids. The notice herein required shall include a general description
of the articles to be purchased or services performed and the time
and place for opening bids. In addition, the purchasing agent shall
post a notice inviting bids in the City Hall of Berkeley, Missouri,
and may also mail to all responsible prospective suppliers of the
items to be purchased or services performed a copy of the notice inserted
in the newspaper as hereinbefore required.
B.
Exclusive Service. In the event that there is only one (1) firm or company or individual capable of providing a particular service or commodity, and such services or commodities cannot be secured from other persons or companies, then Subsection (A) hereof shall not be applicable, and such services or commodities can be secured without bidding.
C.
Bidding. The purchase agent and all parties contracting with the City shall follow the procedure hereinafter set forth in relation to all bids required under Subsection (A) (1 and 2).
1.
All notices and solicitation of bids shall state the time and place
for opening.
2.
All bids shall be submitted sealed to the purchasing agent and shall
be identified as bids on the envelope.
3.
All bids shall be opened in public at the time and place stated in
the public notices.
4.
A tabulation of all bids received shall be posted in the City Hall
for public inspection.
5.
The purchasing agent shall have the authority to reject any and all
bids and parts of all bids and re-advertise or re-solicit bids.
D.
Determining Lowest Responsible Bidder. Unless the purchasing
agent exercises the right of rejection, the purchase or contract shall
be made from and with the lowest responsible bidder for any article,
or to the lowest responsible bidder for the entire purchase or contract
or any part thereof. In determining the lowest responsible bidder,
the purchasing agent shall consider:
1.
The ability, capacity, and skill of the bidder to perform the contract
or provide service required.
2.
Whether the bidder can perform the contract or provide the services
promptly or within specified time, without delay or interference.
3.
The quality of performance of previous contracts or services.
4.
The previous and existing compliance by the bidder with laws and
ordinances of the City.
5.
The financial resources and ability of the bidder to perform the
contract or provide the service.
6.
The quality, availability, and adaptability of the supplies or services.
E.
Performance Bond. The purchasing agent shall have the authority
to require a performance bond, in cash or otherwise, for such amount
as he/she may deem sufficient to secure the execution of the contract
of furnishing supplies or services for the best interest of the City.
F.
Emergency Purchases. In case of an emergency which requires
immediate purchases of supplies or services, and time is of the essence,
the City Manager shall be empowered to authorize the purchasing agent
to purchase or secure the services needed without complying with procedures
as set forth above. A full report, in writing, of the circumstances
of any emergency purchase shall be filed by the City Manager with
the City Council.
G.
Forms. The purchasing agent, subject to the approval of
the City Manager, shall prescribe and maintain such forms as he/she
shall find necessary to the operation of this Section.
H.
Professional Services.
1.
This Section shall not apply to professional services, and the requirements
herein shall not be required in the employment of professional services
of all professions, except engineers, architects, and land surveying
services.
2.
In the procurement of engineering, architectural, and land surveying
services, the City shall, in their proposals to secure such services,
set forth the following items:
a.
A resume of the firm's qualifications and performance data.
b.
The capacity and capability of the firm to perform the work in question,
including specific services, within the time limitations fixed for
the completion of the project.
c.
Past record of the performance of the firm with respect to such factors
as control of costs, quality of work, and ability to meet schedules.
d.
The firm's proximity to and familiarity with the area in which the
project is located.
e.
Dates the firm was authorized to conduct business and registered
in the State of Missouri in their particular profession.
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After securing the above information, the City shall secure
the firm considered best qualified and capable of performing the desired
work and negotiate a contract for the project with the firm selected.
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For a basis of negotiations, the City shall prepare a written
draft of the scope of the proposed services. If the City is unable
to negotiate a said contract with the firm selected, negotiations
with that firm shall be terminated, and the City shall undertake negotiations
with another of the qualified firms.
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If there is a failing of contract with the second (2nd) firm,
negotiations with such firm shall be terminated, and the City shall
undertake negotiations with a third (3rd) qualified firm.
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If the City is unable to negotiate a contract with the third
(3rd) firm, the City shall re-evaluate the necessary architectural,
engineering, or land surveying services, and once again prepare a
list of qualified firms and proceed in accordance with this Section.
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I.
Cooperative Purchasing, March 1974. This Section and requirements
herein shall not apply to purchases made by, through, or with the
Division of Procurement of the State of Missouri, and shall not apply
to purchases made by, through, or with St. Louis County's Cooperative
Procurement Program or purchases made cooperatively with other municipalities.
[CC 1961 §4.16; Ord. No. 2344 §1, 6-18-1979]
Whenever the City sells any personal or real estate, and the
transaction is made pursuant to an award on a contract let after public
notice and competitive bidding, any employee, officer, or any official
of the City may participate therein and may be the purchaser thereof,
and such participation therein shall not be considered as having a
financial interest therein.
[Ord. No. 3987 §1, 4-18-2011]
A.
Introduction. The Berkeley credit card policy is a purchase
card system benefiting the City of Berkeley and the cardholder through
prompt payment to suppliers and delegate responsibility for low value
purchase authority to those making the commitment.
B.
Policy. Credit cards are issued at the discretion of the
City of Berkeley to current employees and members of the Council who
are granted a formal delegation of purchasing authority. The cardholder
agrees to comply with all applicable policies and procedures.
C.
Compliance With Policy, Violations And Consequences.
1.
Employee violations to this policy or to any policy regarding the
purchase of goods or services will be investigated and may result
in either one (1) or more of the following actions: written warning,
revocation of credit card privileges, cancellation of delegation of
purchasing authority, disciplinary action, and termination and/or
criminal prosecution. Human error and extraordinary circumstances
may be taken into consideration when investigating any violation.
2.
The City Manager or his designee shall have the authority to investigate
and to determine whether a violation of this policy has occurred by
an employee, and to take appropriate disciplinary action, if a violation
is found. The City Council shall have the authority to investigate
and to determine whether a violation of this policy has occurred by
the City Manager or member of the Council, and to take appropriate
action, if a violation is found. Action by the Council shall be limited
to suspension of the use of any credit device. This does not bar the
Council from imposing any other punishment allowable under other provisions
of the City Code or City Charter.
3.
Credit card violations include, but are not limited to:
a.
Purchase of items for personal use;
b.
Purchase of items in violation of the City of Berkeley travel policy;
c.
Use of the credit card for cash advances;
d.
Exceeding bank credit line limit;
e.
Use of the credit card for purchase of more than two thousand five
hundred dollars ($2,500.00) by splitting purchases into more than
one (1) transaction;
f.
Failure to return the credit card when an employee is reassigned,
terminated or upon request;
g.
Failure to return the credit card when the City of Berkeley Council
member resigns, is no longer in office or upon request;
h.
Failure to turn in packing slips, receipts or other back-up documentation
to the City of Berkeley bookkeeper within thirty (30) days of the
purchase for the purpose of establishing accountable reconciliation
procedures.
D.
Ownership And Cancellation Of The Credit Card. The credit
card remains property of the bank. It may not be transferred to, assigned
to, or used by anyone other than the designated cardholder. The cardholder
is accountable for the activity on the card. The bank or City of Berkeley
may suspend or cancel cardholder privileges at any time for any reason.
The cardholder will surrender the credit card upon request to the
City of Berkeley or any authorized agent of the bank.
E.
Spending Limits. Each credit card has a pre-set limit (including
shipping, handling and tax) that may not be exceeded under any circumstances.
F.
Receipts. It is the cardholder's responsibility to obtain
transaction receipts from the merchant each time the credit card is
used. Individual transaction receipts are to be attached to periodic
statements and submitted to the Finance Director. The Finance Director
will be responsible for review and approval of periodic statements.
The City will keep statement data and proof of reconciliation, including
receipts and packing slips, on file for a period consistent with the
record retention requirements of the law.
G.
Disputed Items. It is the cardholder's responsibility to
follow up on any erroneous charges, returns or adjustments to ensure
proper credit is given on subsequent statements.
H.
Protecting The Credit Card. The credit card is valuable
property which requires proper treatment by the cardholder to protect
it from misuse by unauthorized parties.
I.
Validation And Safekeeping.
1.
Sign the credit card immediately upon receipt. The credit card should
always be treated with the same care as personal credit cards, bankcards,
cash and checks. Keep your card(s) in an accessible, but secure location.
When using the credit card for Internet purchases, cardholders should
ensure that the site utilizes industry recognized encryption transmission
tools.
2.
When the expiration date is passed and/or after you have received
a new credit card, the expired card shall be turned in to the Finance
Director for disposal.
J.
Lost Or Stolen Credit Cards. If the credit card is lost
or stolen, contact the bank's 24-hour toll-free number immediately,
and notify, in writing, the Finance Director of the lost or stolen
card.
K.
General.
1.
Employees must receive approval from the City Manager and with consent
of the Council to have permission to use the City of Berkeley's credit
cards.
2.
The credit card may be used by City employees who have authority
to buy goods and services on behalf of the City of Berkeley.
3.
Each credit card bears the cardholder's name but is actually issued
to City of Berkeley, which is responsible for making prompt payment
to the bank. However, cardholders are responsible for ensuring proper
use of the card.
4.
Cardholders shall receive a copy of their applicable statement showing
usage upon receipt by the Finance Department.
5.
The City of Berkeley Finance Director helps ensure the proper use
of credit cards by overseeing the City of Berkeley implementation
and use of the card.
L.
Cardholders.
1.
Cardholders must use the card responsibly and in accordance with
this policy.
2.
Cardholder responsibilities include:
a.
Purchasing items for City of Berkeley business use only;
b.
Never lending or sharing the credit card or account number. Purchasing
only goods and services that are approved by the Council, City Manager
and/or are in accordance with City of Berkeley policies;
c.
Keeping all individual purchases within the credit limits of the
credit device;
d.
Returning the credit card to the Finance Director and privilege of
its use upon leaving the position which entitled use of the card or
upon ending employment with City of Berkeley, or upon request of the
Finance Director;
e.
Forwarding purchasing documents, such as sales receipts, to the Finance
Director.
M.
City of Berkeley Finance Department. The Finance Director
is responsible for:
1.
Knowing the credit card limitations and restrictions;
2.
Communicating with the Council, City Manager when new or modified
cards are required; requesting new cards from the bank;
3.
Communicating with the Council, City Manager when card cancellations
are required; terminating accounts and inactive cards and individual
authority to use cards;
4.
Assigning credit card privileges to employees, City Council, or City
Manager upon approval by the City Council;
5.
Reporting any violation of this policy to the City Manager and Council
in writing within seven (7) days of his/her discovery of said violation;
6.
Timely reconciliation;
7.
Appropriate record keeping;
8.
Developing and implementing internal procedures that govern the City
of Berkeley's use of the credit cards;
9.
Sharing new program information with cardholders;
10.
Answering cardholder questions about use of cards;
11.
Monitoring card usage to ensure that the City of Berkeley policies,
and internal policies and procedures are being followed.
