City of Maryville, MO
Nodaway County
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Table of Contents
Table of Contents
[Ord. No. 8006, 9-25-2017[1]]
This manual establishes the rules and procedures for the purchase of supplies and services for the City of Maryville.
[1]
Editor's Note: Former Chapter 150, Procurement Policy, containing Sections 150.010 through 150.230, was repealed 9-25-2017 by Ord. No. 8006.
[Ord. No. 8006, 9-25-2017]
This responsibility for purchasing resides with the City Manager and Department Heads. The Finance Director and City Clerk are authorized to approve the purchase of supplies routinely used in the conduct of City business in the absence of the City Manager.
[Ord. No. 8006, 9-25-2017]
All matters pertaining to the procurement of supplies and services for the City shall be channeled through the various Department Heads, Finance Director and to the City Manager.
[Ord. No. 8006, 9-25-2017]
A. 
Prescribe and maintain such forms as are reasonable and necessary, upon approval of the City Manager.
B. 
The Finance Director shall advise and assist the City Manager in formulation of policies and procedures in connection with the purchasing activities of the City.
[Ord. No. 8006, 9-25-2017]
All officers and employees of the City shall keep themselves free of any real or implied obligation by refusing to accept entertainment, gifts or services offered by or on behalf of suppliers or contractors currently or potentially serving the City.
[Ord. No. 8006, 9-25-2017]
A. 
The Department Head is responsible for the following:
1. 
To purchase the best valued materials/services for the purpose intended.
2. 
To practice economy in the use of materials.
3. 
To maintain equipment in a serviceable condition.
4. 
To plan future purchases to provide ample time to secure favorable prices.
5. 
To insure compliance by employees with purchasing regulations and procedures.
6. 
To advise the Finance Director of supplies and services required for operations.
7. 
To combine like purchases and/or vendors within the same purchase order form as possible.
[Ord. No. 8006, 9-25-2017]
A. 
Authority. Department heads are authorized to purchase items that cost two thousand dollars ($2,000.00) or less without prior City Manager approval. Department Heads are expected to investigate the local market and select the item best suited to their needs by both quality and price.
B. 
Invoice Necessary. A copy of the invoice signed by the Department Head will be delivered to the Finance Director as soon as possible after the purchase is made. The Department Head shall insure that the invoice is to the City of Maryville and reflects the correct department and account code for which the purchase is made. All employees are to ensure that the vendor provides a legible and complete description of the item purchased on the invoice. All invoices must be legibly signed by a representative of the City upon receipt of the item(s).
C. 
Responsibility. The Department Head will be responsible for the correct completion of items on the invoice. The Department Head shall sign all invoices for his/her department.
[Ord. No. 8006, 9-25-2017]
A. 
Approval Required. The City Manager's approval must be secured for all purchases in excess of two thousand dollars ($2,000.00). An explanatory memorandum may be requested by the City Manager.
1. 
Blanket Price Agreements. Blanket price agreements which shall be approved by the City Manager are used in long term situations. The blanket price agreement remains open for one (1) fiscal year to purchase the products or services specified on an "as needed" basis and awarded using a purchasing manner corresponding with the dollar amount. It shall not be necessary to obtain competitive sealed bids or comparative prices for products covered under price agreements.
B. 
City Council Approval. City Council approval is required for any purchase in excess of ten thousand dollars ($10,000.00). Otherwise, the City Manager may approve purchases in excess of two thousand dollars ($2,000.00) up to ten thousand dollars ($10,000.00).
[Ord. No. 8006, 9-25-2017]
A. 
Request For Quotation. Normally, requests for quotations will be obtained in writing from vendors. The Request for Quotation will show the following information:
1. 
Time and date quotations to be received.
2. 
Quantity and description of item desired.
3. 
Delivery point and date desired.
If time is an element or conditions merit, upon the approval of the City Manager, quotations may be solicited by telephone. Telephone quotations shall be recorded showing date, vendors called, names of persons submitting quotations, unit prices, terms and signature of person soliciting the quotes. Quotations from three (3) vendors are usually sufficient to establish competition. Written confirmation of all telephone proposals is required. Failure to confirm the unit price may cause the proposal to be rejected.
B. 
Formal Bid Procedure. Formal bidding will be used for the purchase of major items or service. Each prospective bidder will be furnished an invitation to bid, specifications and a bid proposal form. The invitation to bid shall contain all information pertaining to terms of sale and delivery, deadline for submission of bid and place and time where bids will be publicly opened and read aloud. Specifications for the desired quality and performance characteristics of an item or service shall serve as the basis for competitive bidding. All bids must be submitted on the bid proposal form provided by the City.
C. 
Where, When, And How To Bid. Advertisements for bids shall be placed in at least two (2) newspapers of general circulation most likely to reach prospective bidders, may be advertised in at least two (2) weekly minority newspapers, may be provided through any electronic medium available to the general public, and shall be provided on the City of Maryville website. All advertisements shall be published no less than five (5) days before bids for such purchases are to be opened. Additionally, the Request for Quotation shall be posted inside City Hall. When deemed more advantageous, other methods of advertisement, including notice to minority business purchase councils, may be adopted by the City Council. Bids from prospective suppliers may be delivered to the City Clerk by mail or other reasonable method generally available to the public. It shall be the supplier's duty to insure that supplier's bid is delivered in such a way as to reach the City Clerk before the time set for opening bids. The contract shall be awarded and let to the lowest and best bidder with the exception of Section 150.090(I) when applicable. The City Council shall have the right to reject any or all bids and advertise for new bids, or purchase the required supplies on the open market if they can be so purchased at a better price.
D. 
Quotation Or Bid Summary. Upon the return of the bid proposals or requests for quotations from the vendors, the Department head will summarize the prices offered on a bid or quotation summary sheet and recommend to the City Manager, the vendor to be chosen.
E. 
Transportation Charges. All orders to suppliers will specify that transportation charges be prepaid by the supplier to point of delivery.
F. 
Limits On Competitive Bids/Proposals.
1. 
Competitive proposals/bids will be required on all those items that cost up to ten thousand dollars ($10,000.00). Proposals may be informal telephone quotations as directed by the Department Head. Those items that cost more than ten thousand dollars ($10,000.00) shall require formal bid procedures unless otherwise directed by the City Manager. Written confirmation of price(s) shall be required as directed by the City Manager. Proposals and competitive bid requirements may be waived upon City Manager approval, if the items can only be acquired from a single firm, an inventory item protected by patents or proprietary interests, or if time is an element to be considered.
2. 
It is policy of the City of Maryville to purchase products manufactured, assembled or produced in the United States rather than products manufactured, assembled or produced elsewhere if the quality and price are comparable.
3. 
All proposals and bids received shall be retained in a designated bid file for future reference.
G. 
Special Procurement Requirements. The City shall comply with any special procurement requirements mandated by Federal, State, County, or other granting or funding authorities, provided such requirements achieve the minimum standards established by this policy and other applicable Sections of the City Charter and Code of Ordinances, which will include cost and price analysis for every United States Department of Transportation procurement, including contract modifications.
H. 
Local Purchasing Preference Policy.
1. 
If a local bidder is within five percent (5%) of the lowest bid from an out of town bidder on a construction or other formally bid project from zero dollar ($0.00) to nine thousand nine hundred ninety-nine dollars and ninety-nine cents ($9,999.99), two percent (2%) on such project(s) from ten thousand dollars ($10,000.00) up to nine hundred ninety-nine thousand nine hundred ninety-nine dollars and ninety-nine cents ($999,999.99), and within one percent (1%) on such project(s) from one million dollars ($1,000,000.00) up to five million dollars ($5,000,000.00), then the local bidder will be awarded the bid unless otherwise provided in this Section.
2. 
The local purchasing preference policy shall not apply in the following instances:
a. 
When purchases and/or contracts are funded in whole or in part by Federal funds;
b. 
When purchases are more than five million dollars ($5,000,000.00);
c. 
When purchases are not required to be formally bid, such as sole source procurements, emergency procurements and any other such procurements as defined in the City Procurement Policy or the City Emergency Management Policy;
d. 
When professional services are procured through the issuance of requests for qualifications and/or requests for proposals, including design-build contracts; or,
e. 
When such preference is in conflict with any applicable State or Federal laws, rules or regulations.
3. 
The local purchasing preference policy shall not apply to private construction projects financed with public assistance, including, but not limited to, tax increment financing, Chapter 100, Bonds, Chapter 353, Redevelopment Projects and Enterprise Zone Redevelopment.
4. 
"Local" is defined as a business operating within the corporate limits of the City of Maryville, with the majority of its primary business operations, including, but not necessarily limited to, production, operation, purchasing, billing, marketing, management, administration and ownership, occurring within the City limits. "Local" shall not include the following:
a. 
Those businesses with only a local Maryville post office box; or
b. 
Those businesses with a sales presence in the City, but no physical location within the City limits; or
c. 
Home based businesses that merely take orders for products shipped from out-of-town to their customers. Exceptions will be considered on a case-by-case basis when a written request is submitted to the City Manager.
5. 
Notwithstanding the foregoing, the local bidder must otherwise meet all qualifications and procurement policy requirements of the City, including, but not limited to, the "best bid" requirements, in order to be awarded a bid under this Section.
[Ord. No. 8006, 9-25-2017]
A. 
Parts and supplies for the repair and maintenance of automotive and mechanical equipment maintained by the Central Garage will be purchased by the Mechanic, subject to approval by his/her Department Head.
1. 
Local Purchases. The Shop Foreman will purchase necessary parts and supplies for repair of equipment through the above listed purchase order procedures.
2. 
Shop Tools And Major Supplies. The purchase of shop tools and major supplies costing in excess of five hundred dollars ($500.00) will be approved by the Department Head established in these regulations.
3. 
Major Repairs. If equipment will require major repair or rebuilding to return it to service, the Shop Foreman will obtain estimates to repair or rebuild and then obtain a recommendation for the Department Head as to the advisability of repairing when replacement or other disposition may be more economical. The Department Head will advise the City Manager of his/her recommendation. All repairs costing in excess of two thousand dollars ($2,000.00) shall have prior City Manager approval.
[Ord. No. 8006, 9-25-2017]
A. 
Service Contracts Or Maintenance Agreements. All service contracts or maintenance agreements will be approved by the City Council and/or City Manager. The City Clerk will maintain a record of service agreements and dates when such services start and terminate. Prior to the termination date, the City Manager will coordinate with the Department Head to determine if the service should be renewed.
B. 
Use Of Commercial Or Maintenance Agreements. City-owned equipment shall not be repaired in commercial facilities without advance approval of the Department Head. Conditions which permit the use of commercial facilities are when the work is beyond the capability of the Mechanic or when emergency repairs are required that cannot be performed expediently by maintenance personnel. The Department Head will secure the advance approval of the City Manager on those items that exceed two thousand dollars ($2,000.00). Normal purchasing procedures will be followed in obtaining this type of service.
C. 
Modifications To Equipment, Buildings And Structures. Any modifications to buildings and structures of the City must be approved by the City Manager.
[Ord. No. 8006, 9-25-2017]
A. 
When as immediate need exists to prevent the disruption of operations by unforeseen causes, supplies or services may be obtained without prior approval. Only the minimum supplies or services necessary to alleviate the emergency shall be purchased. Emergency purchases must be reported to the City Manager as soon as possible after they occur with an explanation of the nature of the emergency.
1. 
Administrative Requirements For Emergency Purchases. The Department Head will, at the time of purchase, secure from the vendor a sales ticket or invoice for the material or services. The words "Emergency Purchase" must be indicated thereon. The invoice will be forwarded to the City Manager as soon as possible.
[Ord. No. 8006, 9-25-2017]
No equipment or accessory will be obtained on a lease-purchase agreement without the express approval of the City Council.
[Ord. No. 8006, 9-25-2017]
No equipment or accessory will be purchased on an installment payment plan without the express approval of the City Council.
[Ord. No. 8006, 9-25-2017]
No equipment or accessory will be accepted or used by a department to test its suitability without the approval of the City Manager.
[Ord. No. 8006, 9-25-2017]
A. 
The City Manager may establish a Petty Cash Fund where such a fund is deemed advantageous and expedient in the routine purchase of items costing less than fifty dollars ($50.00). The City Clerk shall be the custodian of the Petty Cash Fund. The size of the Petty Cash Fund shall be controlled by the City Manager based upon the amount of use of the fund. Sound purchasing procedures will govern purchases made from the Petty Cash Fund:
1. 
No personal checks are to be cashed.
2. 
Reimbursement is to be made only to personnel authorized by the Department Head. It shall be the responsibility of the Department Head to properly code or classify the item or expenditure, with receipt and his/her written approval shall be taken as proper authorization for the custodian of the fund to charge his/her department when replenishing the fund.
3. 
Reimbursement is not to be made until an invoice marked "Paid," a valid receipt, or certificate of expenditure is received by the fund custodian.
4. 
No reimbursement is to be made for items over fifty dollars ($50.00), (no limit on freight payments), where it appears that purchasing regulations or procedures are being evaded.
5. 
The Petty Cash Fund Shall Be Replenished Monthly. The replenishment amount will be the total of "paid" invoices, valid receipts and certificate of expenditures presented. The Accounting Clerk will encumber the appropriate expenditure accounts of the various funds monthly, reflecting expenditures made through the Petty Cash Fund.
[Ord. No. 8006, 9-25-2017]
A. 
Methods Of Disposition. Surplus, worn-out or obsolete material and equipment belonging to the City may be disposed of in the following ways:
1. 
By transferring to other City departments.
2. 
By returning to the manufacturer or supplier.
3. 
By trading in on new equipment.
4. 
By advertising for sale.
5. 
By selling as scrap.
6. 
Junking. If any material is junked or lost, it shall be reported to the City Manager by memorandum.
B. 
How To Report Property. Each department shall report its surplus or obsolete stock, equipment or materials by memo to the City Manager.
C. 
How Disposition Is Made. If surplus equipment is sold, it will be coordinated by the City Clerk in conformance with competitive conditions including newspaper advertising, sealed bids or public sale. Final acceptance of the sale and sale conditions will be given by the City Manager. If material is sold as scrap, competitive quotes or sealed bids will be solicited.
[Ord. No. 8006, 9-25-2017]
The City Manager is authorized to approve contract change orders up to ten thousand dollars ($10,000.00). However, each approval will be reported to the City Council at the next scheduled meeting for Council confirmation.
[Ord. No. 8006, 9-25-2017]
A. 
The Project approved by this Chapter is subject to the requirements of Section 292.675, RSMo, which requires its on-site employees to complete, a ten (10) 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 worksite without documentation of the required training shall have twenty (20) days to produce such documentation.
B. 
The request for bids for this Project shall specify the requirements of Section 292.675, RSMo.
C. 
The contract awarded for this Project shall specify the requirements of Section 292.675, RSMo., and shall include a notice of the penalties for contractor's failure to comply with that Statute.