City of Overland, MO Article IV General Administrative Provisions [1]

[1] Note — The green procurement policy related to municipal operations within the city of Overland, Missouri, St. Louis County, Missouri, was hereby approved by ord. no. 2012-15, May 13, 2012. Copy of said green procurement policy is on file in the city offices.

Section 100.140 Purchasing Code. [1]

[CC 1976 §2-3; Ord. No. 1972 §§1 — 2, 4-25-1983; Ord. No. 98-85 §1, 10-27-1998; Ord. No. 2008-24 §10, 6-10-2008; Ord. No. 2009-11 §1, 5-11-2009; Ord. No. 2009-21 §1, 8-10-2009; Ord. No. 2009-26 §1, 9-28-2009; Ord. No. 2013-19 §§1 — 3, 4-22-2013; Ord. No. 2014-07 §§1 — 2, 3-10-2014; Ord. No. 2016-28, 11-14-2016; Ord. No. 2023-23, 8-14-2023]

A. Short Title. This Section may be known and cited as the "Purchasing Code of the City of Overland."

B. Purpose. The purpose of this Section is to establish rules and procedures governing the procurement of materials, supplies, equipment and services for the City and to maintain a high ethical standard for all officers and employees of the City in connection therewith.

It is the intention of the Purchasing Code to provide for a system to coordinate the bid process and to consolidate purchases where possible among departments to achieve efficiencies and cost savings by joint purchasing on a City-wide basis.

C. Purchasing Agent — Appointment. The City Administrator is hereby designated and authorized to serve as Purchasing Agent for the City. If the City Administrator shall be temporarily disabled or absent from the City, the following City Officials shall serve as acting Purchasing Agent in order of succession: City Clerk, City Treasurer.

D. Duties — Generally. The Purchasing Agent shall, in accordance with and subject to the rules, regulations and procedures in this Section and all applicable laws:

1. Direct, supervise and be responsible for the procurement and acquisition of all materials, supplies and equipment and all contractual services and all insurance required by any department, agency or office of the City and by any other governmental department, agency or office with respect to any procurement by such department, agency or office funded wholly or partially, either directly or indirectly, by City finds; provided, however, the Purchasing Agent shall not be responsible for contracts for the acquisition of real estate or for professional services, except as provided herein. The Purchasing Agent has the authority to purchase such items in amounts up to and including seven thousand five hundred dollars ($7,500.00) without prior approval, except that any and all formal contracts for services or items of equipment purchased by sealed bids must be approved by resolution adopted by the Mayor and City Council.

2. Sell or dispose of all obsolete or unusable personal property of the City.

E. Duties Regarding Regulations. The Purchasing Agent is hereby authorized and directed to adopt such written regulations, purchasing records, forms and procedures as may be necessary for the implementation of this Section. Any such regulations, records, forms and procedures adopted by the Purchasing Agent shall become effective within thirty (30) days after submission to the City Council unless they are disapproved by the City Council within such thirty (30) day period. Copies of such regulations, records, forms and procedures shall be on file at the office of the City Clerk and shall be available for public inspection.

F. Gifts And Rebates Prohibited. The Purchasing Agent and every officer, agent and employee of the City are hereby prohibited from accepting, directly or indirectly, from any person to whom any purchase order or contract is or might be awarded, any rebate, gift, money or anything of substantial value.

G. Requisitions And Estimates. Each agency shall present to the Purchasing Agent in such manner, at such times and for such periods as the Purchasing Agent shall prescribe detailed estimates of its requirements for supplies, materials, equipment and contractual services. Each agency may also present to the Purchasing Agent at any time a requirement for any materials, supplies, equipment or services for which the need was not foreseen when the agency's detailed estimate was presented. The Purchasing Agent shall examine each estimate or requirement and he/she shall have the authority to revise it as to quantity, quality or estimated cost after consulting with the head of the using agency.

H. Purchase Order Issuance And Validity Subject To Availability Of Funds. A purchase order or contract shall be issued and become valid only when approved by the department head who shall have first determined that the purchase is being made in compliance with these regulations and that there is a sufficient unencumbered balance in the appropriation account of the using agency to fund such purchase order or contract, except where otherwise provided in the budget.

I. Formal Competitive Bidding.

1. Supplies, materials, equipment and contractual services shall be procured only after obtaining formal written bids when the value of the proposed procurement is in excess of seven thousand five hundred one dollars ($7,501.00) or when directed by the City Council or when required by the laws of the State. The procurement of several items of the same type at substantially the same time is a single purchase for the purpose of this Section and the total cost of all of such items will determine whether a formal competitive bidding procedure must be followed. No contract or purchase shall be subdivided to avoid competitive bidding procedures.

2. Such bids shall be invited through a notice to be published in a newspaper of general circulation by the City Clerk in the County at least two (2) weeks prior to the date specified for submission of bids. A public notice shall also be posted on the City website and in a prominent public place at the government center. Such notice shall include:

a. A general description of the item or items to be purchased;

b. The conditions of such purchase;

c. The place where specifications and bid forms may be secured;

d. The time and place for submitting such bids; and

e. The time and place for acceptance of bids.

The Purchasing Agent may also solicit bids by mailing a copy of the Invitation to Bid to prospective vendors.

3. All bids for any contract or purchase may be rejected with or without reason and a provision to this effect shall be included in all notices or advertisements.

4. The Purchasing Agent may advertise for sealed bids for any item for which an appropriation has been made in the annual budget of the City, upon approval of a majority of the members of the City Council or if advertising for sealed bids is deemed by the Purchasing Agent to be in the best interest of the City.

5. All bids shall be sealed, shall be identified as bids on the envelope and shall be submitted to the City Clerk within the time and at the place stated in the public notice inviting bids. The time of receipt of each bid shall be entered by the receiving employee on the envelope containing such bid.

6. The Purchasing Agent or his/her authorized representative, together with a representative of the department which has requested the bid, shall publicly open all bids at the time and place designated in the notice to bid and shall in conjunction with the head of the using agency, prior to the next regular meeting of the City Council after the bid time expires, prepare a written summary of all bids, including a review of the facts. All bids received shall be made available for inspection as a public record and results of the bidding and awarding of contracts shall be posted in a prominent and public place at the community and government center.

7. After presentation of the available data, the City Council, at a regular or special meeting, shall award the contract to the most responsive, responsible, timely bidder for the goods or services to be procured; provided, however, the City Council shall have the authority to reject all bids.

8. Subsequent to the award by the City Council, the Mayor or his/her designee shall, by purchase order or formal contract, enter into an agreement with the bidder selected by the City Council for procurement of the goods and services to be procured.

9. When deemed necessary by the Purchasing Agent, bid deposits may be required. Such deposits may be required to be in the form of a certified check or bid bond and may be for the amount of one thousand dollars ($1,000.00) or ten percent (10%) of the amount of the bid, whichever is greater. When so required, all bids not accompanied by such deposit shall be rejected. Such bid deposit shall be returned to all bidders upon execution of a contract with or of a purchase order to the successful bidder. A successful bidder shall forfeit his/her deposit if he/she fails to enter into a contract within the time period specified in the notice of award.

10. The successful bidder may be required to post a performance bond whenever the same is deemed appropriate by the purchasing agent; provided, however, such requirement is set forth in the conditions of bidding. Such performance bond may be in the form of a specified amount or a percentage of the value of the proposed purchase. The Purchasing Agent shall establish, in the conditions of bidding, such terms as may be deemed appropriate to protect the interest of the City.

11. The City Clerk shall maintain all files and records including a copy of the bid specifications and original copies of all bids verifying compliance with the provisions of this code.

12. It shall be unlawful and a violation of this policy for any employee to subdivide a bid for purposes of evading these bidding requirements.

J. Open Market Purchase. The Purchasing Agent may, without prior authority, acquire in the open market all goods and services with a value of less than seven thousand five hundred dollars ($7,500.00). Such acquisition shall be based upon sound procurement principles.

1. Purchases up to three thousand five hundred dollars ($3,500.00) may be made as open purchases and employees shall make every reasonable effort to ensure that competitive prices are received. Formal bids will not be required.

2. Purchases with a value between three thousand five hundred one dollars ($3,501.00) but less than seven thousand five hundred dollars ($7,500.00) shall be based upon written quotations from three (3) or more vendors.

3. Purchases in excess of seven thousand five hundred one dollars ($7,501.00) shall comply with the requirements of Subsection (I) entitled "Formal Competitive Bidding." A written summary of such quotations shall be filed with the City Administrator and the Department of Finance in conjunction with presentation of warrants for payment.

K. Emergency Purchases. The Purchasing Agent is authorized to enter into emergency contracts in an amount not to exceed fifteen thousand dollars ($15,000.00) with authorization of the Mayor without compliance with the requirements of Subsection (I) entitled "Formal Competitive Bidding"; provided, however, all such purchases and the reasons therefor shall be reported in writing to the City Council at its next regular meeting. In the event of an emergency, the City Council may, by resolution, suspend these purchasing rules for the duration of such emergency and authorize the Purchasing Agent and/or department directors to make such emergency purchases as necessary exercising a "prudent man rule" for such purchases.

L. Negotiated Procurement. In lieu of instituting the competitive bidding process set forth in Section 100.140(I), the City Council may approve a negotiated procurement of goods or services if:

1. There have been no responsive bids to an advertisement for bids pursuant to Section 100.140(I); or

2. If the City Council has rejected all bids received pursuant to an advertisement for bids under Section 100.140(I); or

3. The City Council determines that, based on the facts and circumstances of a particular situation, the purpose of the City's Purchasing Code to obtain the best value for goods and services would be frustrated by following the formal competitive bidding process of Section 100.140(I) and that negotiation with one (1) or more vendors would enhance the City's opportunity to procure proven, quality services or products in a more efficient and cost-effective manner.

M. Sole Source, Specialized And Non-Standard Items. The City Council may, by resolution, approve negotiated procurement of goods or services of any value if the City Council determines from all information submitted to it by the purchasing agent and the using agency that use of a specific product, manufacturer or vendor is desirable to maintain consistency of equipment or such goods are of such specialized or non-standard nature that they can be acquired only from a sole source of supply or that no similar standard goods would reasonably satisfy the City's requirements.

N. Professional Services. When professional services, in addition to those provided by the City's employees and other officers, are required by the City, the Purchasing Agent shall solicit a request for qualifications (RFQ) from qualified vendors. In evaluating the qualifications of each firm, the City shall use the following criteria:

1. The specialized experience and technical competence of the firm with respect to the type of services required;

2. The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for completion of the project;

3. The past record of performance of the firm with respect to such factors as control of costs, quality of work and ability to meet schedules; and

4. The firm's proximity to and familiarity with the area in which the project is located.

Following selection of the firm considered best qualified and capable of performing the desired work, the Purchasing Agent shall negotiate a contract for the project with the firm selected. Prior to negotiation, the City shall prepare a written description of the scope of work which shall be used as the basis for contract negotiations. If the City is unable to negotiate a satisfactory contract with the firm selected, the City shall then undertake negotiations with another of the qualified firms selected.

Architects, engineers and land surveyors are encouraged to annually submit a statement of qualifications and performance data with the Director of Public Works. If three (3) or more qualified firms are on file offering a specific professional service needed by the City, the Purchasing Agent need not advertise a request for qualifications (RFQ); provided, however, nothing herein shall preclude the City from advertising or soliciting for proposals.

O. Real Estate. Real estate shall be acquired or sold by the City only pursuant to a contract authorized and approved by an ordinance enacted by the City Council.

P. Public Improvements.

1. Public improvements covered by ordinances of the City shall be contracted for in the manner provided in this Section.

2. Emergency work or repairs requiring prompt attention, ordinary maintenance work, work to be paid out of the General Fund of the City for which specific provision was made in the budget and work to be paid out of the appropriated proceeds of any bond issue authorized by vote of the people shall be procured as provided by the provisions of this Section applicable to the type of procurement involved.

Q. Inspection And Testing.

1. The Purchasing Agent or his/her agent shall inspect or supervise the inspection of all deliveries of supplies, materials, equipment or contractual services to determine their conformance with the specifications set forth in the order or contract.

2. The Purchasing Agent may authorize using agencies or departments having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the Purchasing Agent shall prescribe.

3. The Purchasing Agent shall have the authority to require chemical and physical tests of bid and delivery samples to determine their quality and conformance with the specifications. In the performance of such tests, the Purchasing Agent shall have the authority to make use of laboratory facilities of any outside laboratory.

R. Cooperative Purchasing. The Purchasing Agent shall have authority to join with the State, County or any other governmental units in cooperative purchasing when the best interests of the City would be served by such cooperative purchasing and shall be considered in compliance with the procedures of the Purchasing Code, provided that the process for seeking such cooperative purchases must be done in accordance with the principles and intent of these regulations.

S. Disposal Of Abandoned Property, Surplus Property And Cash.

1. Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Subsection:

ABANDONED PROPERTY

Any such property which has been in the possession of the Police Department for a period of more than ninety (90) days without having been claimed by any person entitled thereto, including, but not limited to, weapons, liquor, drugs, vehicles, bicycles, radios and television sets.

SURPLUS PROPERTY

Property belonging to the City which is no longer needed or used, including, but not limited to, vehicles, major equipment, furniture, office equipment and supplies.

UNCLAIMED CASH

All money or cash coming into the possession of the Police Department from any source whatever which has remained unclaimed and the owner unknown.

2. Abandoned Property. Abandoned property as defined in Subsection (S)(1), Definitions, of this Section shall be deemed to be forfeited to the City.

3. Authorization And Procedure To Dispose Of Abandoned Property. The City Administrator (Purchasing Agent) is hereby authorized to administer and implement the provisions of this Section and to dispose of abandoned property, surplus property and/or unclaimed cash when no other procedure for disposal is provided by the laws of the State of Missouri in the following manner:

a. Property known and classified as weapons, including, but not limited to, knives, pistols, shotguns, rifles, clubs, and chains shall be destroyed, except those which, in the judgment of the Chief of Police, have unique value, are capable of Police Department use or possess a trade-in value beneficial to the City. Such weapons so converted become the property of the City, and upon documentation by the Chief of Police and approval by the City Administrator.

b. Property known and classified as intoxicating liquor of any kind shall be destroyed.

c. All property commonly known as "drugs" or "drug paraphernalia" of any type shall be destroyed.

d. The proper procedure for disposing of abandoned property as identified in Subsection (S)(3)(a), (b) and (c) of this Section shall be as follows:

(1) The Chief of Police shall provide a listing to the City Administrator of all items destroyed. Such listing shall contain the date of possession, along with a statement of verification cosigned by a witness that the items were destroyed and in what manner so as to make them completely unusable. The statement shall also include the date on which the items were destroyed.

(2) Abandoned property may be converted to use by the City in its operations upon approval by the City Administrator.

(3) All abandoned property not otherwise disposed of under any other provision of this Section shall be disposed of in any of the following ways:

(a) At a public auction, to be held on the first day of June each year or the nearest Saturday; a notice shall be published at least once in a newspaper of general circulation in the City of Overland, Missouri. This publication shall be at least ten (10) days prior to the public auction or bid date.

(b) At an online auction, surplus and abandoned property shall be sold through a competitive process or on the Internet. This may be accomplished through the City's website or a separate entity providing this service.

(c) Issuance of an invitation for sealed bid through a notice to be published in a newspaper of general circulation by the City Clerk in the County at least two (2) weeks prior to the date specified for submission of bids. A public notice shall also be posted on the City website and in a prominent public place at the government center.

(d) Certain surplus property that is determined by the City Administrator to be of such a character and use that it would be more beneficial to offer as a trade-in to lower the cost of a related expenditure, may be offered as such in a formal bid process.

(e) Certain surplus or abandoned property the value of which is determined by the City Administrator to be of such a character and use that a local charitable organization could benefit from such items, may be given to a charitable organization pursuant to a written agreement to provide in-kind services to the City for said items.

(f) Certain surplus or abandoned property the value of which is determined by the City Administrator to be of such a character and use that the general public or businesses generally would not be interested in acquiring the item or items of surplus or abandoned property at a public or online auction or through the invitation of sealed bids, may be sold through a private negotiated sale to a purchaser at the best price obtainable.

(g) Certain surplus or abandoned property the value of which is determined by the City Administrator to be of such de minimis or limited value as to not be efficiently sold by any means as described in this Subsection may be discarded or sold for scrap value.

(4) The City Administrator is hereby authorized to execute all sale documents on behalf of the City. A copy of receipts for items sold shall be retained in the records of the City for not less than three (3) years of the auction, bid, trade-in, donation or negotiated sale date.

e. All monies received from the sale of such property shall be turned over to the Director of Finance to be deposited in the General Revenue Fund of the City.

4. Authorization And Procedure To Dispose Of Surplus Property. The proper procedure for disposing of surplus property as defined in Subsection (S)(1), Definitions, shall be in accordance with the provisions set forth in Subsection (S)(3)(d)(3), Authorization and procedure to dispose of abandoned property.

5. Authorization And Procedure To Dispose Of Unclaimed Cash.

a. All money or cash coming into the possession of the Police Department from any source whatever which is unclaimed and the owner unknown shall within thirty (30) days of receipt be turned over to the Director of Finance or their designee and a record thereof kept by him/her.

b. Should the ownership of said money or cash be established within a period of three (3) years from the date of its receipt, then the Director of Finance shall turn the same over to the owner.

c. After a period of three (3) years it shall be remitted to the Office of the Missouri State Treasurer in accordance with applicable State law.

6. Section Not Applicable To Real Estate. No part of this Section shall pertain to the sale or disposition of any real estate, or interests in real estate, owned by the City of Overland.

T. Unauthorized Purchases. Except as provided in regulations prescribed by the Purchasing Agent, it shall be unlawful for any officer or employee of the City other than the Purchasing Agent to purchase materials, supplies or equipment or to enter into contracts for any goods or services and the City shall not be bound by any purchase ordered or any contract made in violation of the provisions of this Section.

U. Liability Of Officer Violating Provisions. If any officer of the City shall knowingly violate any provision of this Section, he/she shall be personally liable to the City and liable under his bond, if any, for any damages suffered by the City.

V. Local And Buy American Policy. It is the policy and intent of the City in the awarding of contracts and the purchase of goods and materials to encourage doing business with suppliers located within the City or who supply or use manufactured products or commodities which have been manufactured, assembled or produced in the United States. The Purchasing Agent shall cause a notice to be included in all specifications that the City prefers to purchase goods and commodities which qualify as "American Made" products and shall require a statement from each vendor of the percentage of the product manufactured, assembled or produced in the United States.

W. Payment Of Bills. No bill shall be paid unless a warrant has been first prepared and executed by the head of the department in which the expense was incurred, the warrant approved by the following City Officials:

1. The director of the department in which the purchase has been made to verify the authenticity of the purchase and receipt of the goods included therein.

2. The City Administrator to verify that the Purchasing Code has been followed, that the item is being charged to the correct account and that sufficient funds remain within the departmental budget.

3. The City Administrator for final approval for purchases in excess of seven thousand five hundred dollars ($7,500.00).

All open invoices shall appear on a "Payment Schedule — By Vendor" list submitted to the City Council for review and approval. No bill on said list shall be paid without approval of the City Council except as authorized by the City Administrator. The City Administrator is authorized to approve payment prior to Council approval for deposits, all expenditures relating to payroll and utility bills, including street lights, and such other bills for which reasonable discounts can be received from early payment or when holding same for Council approval would result in penalties to the City.

X. Reimbursement Of Expenses.

1. Purchases made using credit or debit cards, purchase cards or store charges issued to or in the name of the City may be used only for purchasing on behalf of the City by full-time employees in their scope of employment. No personal purchases may be made even if it is the intention of the employee or City official to reimburse the City.

2. Purchases made using credit or debit card, whether involving use of a personal card or one issued to the City, are to be considered personal obligations of the employee making such purchases and payment of such cards shall be subject to reimbursement in accordance with regulations established by the Purchasing Agent.

[1] Cross Reference — As to finance, ch. 135.