[Ord. No. 2015-1174 § 1, 8-17-2015]
A.
Establishment. There is established the office of Purchase Agent
who shall be appointed by the Mayor with the approval of the Town
Council.
B.
Scope Of Purchasing Authority; Duties. The Purchasing Agent is authorized,
and it shall be his or her duty, to purchase or contract for supplies
and contractual services needed by the Town of Carrollton in accordance
with purchasing procedures as set forth, such rules and regulations
as the Purchase Agent shall adopt for the internal management, and
other such rules and regulations as prescribed by the Town Council.
C.
Unauthorized Purchases. Except as provided in this Chapter, no Town
Officer or employee shall order the purchase of supplies or equipment
other than through the office of Purchasing Agent, and any purchase
ordered contrary to the provisions of this Chapter are not to be approved
by the Purchasing Agent and the Town is not to be bound thereby.
D.
Other Powers And Duties. In addition to the purchasing authority
conferred above and in addition to other powers conferred by this
policy, the Purchasing Agent shall:
1.
Act to procure for the Town the highest quality items with the
least expense to the Town.
2.
Endeavor to obtain as full and open competition as possible
on purchases.
3.
Maintain such forms as he or she shall find reasonable and necessary
to effectively implement this policy.
4.
Explore the possibilities of buying in bulk so as to take full
advantage of discounts available.
5.
Have the authority to declare vendors who default on their bids
as irresponsible bidders and to disqualify them from receiving requests
for bids in the future.
[Ord. No. 2015-1174 § 2, 8-17-2015; Ord.
No. 2019-1311, 3-18-2019]
A.
Subject to the other provisions of this Section, purchases or sales
of goods of any kinds when payment is to be made from the funds of
the Town of Carrollton, should be made according to these procedures:
1.
Purchases Under One Hundred Fifty Dollars ($150.00). Purchase
of items in this category shall be in the most expedient manner with
due regard for competitive prices and quality. No purchase order is
required, if there are adequate monies in the budget to accommodate
the purchase.
2.
Purchases Over One Hundred Fifty Dollars ($150.00) And Up To
And Including Five Thousand Dollars ($5,000.00). For purchases in
this category, bids are to be solicited by mail, electronic communication,
or telephone request from prospective vendors, from which the lowest
and best bid with proper qualifications is to be accepted. Purchases
over one hundred fifty dollars ($150.00) and up to and including five
thousand dollars ($5,000.00) require that a purchase order be issued
by the Purchasing Agent. The purchase order form is approved by the
Purchasing Agent and will be handled as directed by the Purchasing
Agent. Purchases up to two thousand dollars ($2000.00) shall be approved
by the department head or Purchasing Agent or the Mayor. Purchases
of two thousand dollars ($2000.00) or greater must be approved by
the department head and the Mayor.
3.
Purchases Over Five Thousand Dollars ($5,000.00). All purchases in this category shall require that sealed bids be procured after notice as set forth in Section 135.030 and require approval of the applicable department head, board, or the Town Council before solicitation of sealed bids. Reasonable efforts shall be made to solicit at least three (3) sealed bids. These purchases must be approved by the Town Council.
4.
Sales Of Property.
a.
All sales of property owned by the Town of an expected value of less
than fifty dollars ($50.00) shall be made only after a notice is posted
in Town Hall and, if practical, on the Town's website and an effort
is made to solicit sealed bids by direct mail, electronic communication,
or by telephone to prospective purchasers as may seem to him or her
to be in the best interest of the Town.
b.
All sales of property owned by the Town of an expected value of fifty dollars ($50.00) or greater shall require either that sealed bids be procured after notice as set forth in Section 135.030, or that the property be sold by public auction. In addition, the Council may direct that sales of real estate be sold by listing of the real estate with a realtor who is selected by the Council.
[Ord. No. 2015-1174 § 3, 8-17-2015]
A.
The procedure for Bids required to be obtained by formal bid procedures
is as follows:
1.
A notice inviting bids is to be publicized by:
[Ord. No. 2019-1311, 3-18-2019]
a.
Publication at least once in the official newspaper of the Town at
least five (5) days preceding the last day set for the receipt of
bids, or
b.
Posting of the notice for bids on the Town's website or another website
commonly used by municipalities for the publication of bids.
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The notice of bid should include a general description of the
goods to be purchased or sold, a statement where bid blanks and specifications
may be obtained, the time and place for submission and opening of
bids, and general bid specifications. Additionally, the Purchasing
Agent may solicit sealed bids by direct mail, electronic communication,
or by telephone.
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2.
Bid Record. A record of all bids solicited by mail, telephone,
or electronically shall be maintained as provided in the Town's
record retention policy.
3.
Notice To Vendor/Purchaser List. The Purchasing Agent also will
solicit sealed bids from all responsible prospective vendors or purchasers
who have requested their names be added to a "bidders' 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. Invitations sent to the vendors
or purchasers on the bidders' list shall be limited to goods
that are similar in character and ordinarily handled by the vendor
or purchaser to which the invitations are sent.
4.
Bid Opening Procedure. Bids shall be submitted sealed to the
Purchasing Agent and shall be identified as bids on the envelope,
with no fax bids to be accepted on purchases or sales in excess of
five thousand dollars ($5,000.00). The bids shall be opened in public
at the time and place stated in the public notices.
5.
Tabulation. A tabulation of all bids received shall be posted
for public inspection and a tabulation report forwarded to the Town
Council.
6.
Right To Reject Bids. The Town Council shall have the authority
to reject any and all bids or parts of bids and may readvertise or
resolicit bids whenever it is deemed to be in the best interest of
the Town of Carrollton.
[Ord. No. 2015-1174 § 4, 8-17-2015]
A.
It is the responsibility of the Purchasing Agent and the department
head to review and investigate all bids received and to then make
a recommendation to the board or Town Council regarding acceptance
of the lowest responsible bidder. In determining the lowest responsible
bidder, the following should be considered:
1.
To insure that bids are received on comparable items, care should
be taken to give all bidders the specifications, quality, and quantity
of items to be purchased.
2.
The Quality Of Item Bid. The lowest bid may not always be of
equal or higher quality.
3.
Availability. If the item is needed immediately and the low
bidder cannot deliver in a timely fashion, another bid may be considered.
4.
The previous and existing compliance by the bidder with the
laws and ordinances of the Town of Carrollton.
[Ord. No. 2015-1174 § 5, 8-17-2015]
A.
Exclusive Vendor. In the event that there is only one firm or company
capable of providing a service or product and an equivalent or compatible
service or product cannot be secured from other vendors, then the
bidding requirements contained above shall not be applicable and the
Purchasing Agent is authorized to proceed with the purchase after
Council approval.
B.
Emergency Purchases. In case of an emergency which requires immediate
purchase of products or services and time is of the essence, the Mayor
shall be empowered to authorize the purchase without complying with
the procedures as set forth in this policy. This Subsection shall
also apply to any natural disaster or civil emergency requiring an
immediate response on the part of the Town. A report of the circumstances
requiring an emergency purchase shall be filed by the Purchasing Agent
with the Town Council.
[Ord. No. 2015-1174 § 6, 8-17-2015]
A.
Any purchase in which any official or employee of the Town of Carrollton is financially interested, must be bid pursuant to the procedure in Section 135.030 and to be accepted, the bid must be the lowest bid.
B.
No official, agent or employee of the Town of Carrollton shall directly
or indirectly receive any gift or money or commodities under any circumstances
in which it could reasonably be expected to influence the performance
of their duties or intended as a reward for any action on their part.
Gifts received for placing orders and gifts received for swaying official
actions are strictly prohibited.
C.
No officer or employee of this Town 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 already is engaged in the business transaction at the
time a matter arises, he or she shall be disqualified from rendering
any decision or passing any judgment upon the same.
[Ord. No. 2015-1174 § 7, 8-17-2015]
The Purchasing Agent shall have the authority to join with other
units of government in cooperative purchasing plans when the best
interest of the Town would be served and after approval of the Council
and purchase through the State of Missouri cooperative purchase program
without the necessity of following the procedures of this chapter.
[Ord. No. 2016-1194 § 8,
7-2016]
A.
Purchases from State or other governmental agencies' surplus
property are encouraged when the products available meet the Town's
requirements for quality and good value.
B.
Purchases from the State or other agencies' surplus property may
be made without additional bids as follows. The Purchasing Agent,
with the approval of the Mayor, shall have the authority to authorize
purchases from the Missouri State Agency for Surplus Property or similar
governmental agency surplus property when the best interest of the
Town would be served for purchases up to twenty thousand dollars ($20,000.00)
without approval of the Council if adequate funds for such purchase
are in the budget for the department proposing to make such purchase.
For purchases of surplus property in excess of twenty thousand dollars
($20,000.00) from the Missouri State Agency for Surplus Property or
similar agency surplus property, prior authorization of the amount
approved to be expended must be obtained in advance from the Council.
[Ord. No. 2018-1276, 4-16-2018]
A.
If
a local bidder is within:
1.
Five percent (5%) of the lowest bid from an out of town bidder on
a construction or other bid purchase up to twenty-five thousand dollars
($25,000.00);
2.
Within two and one-half percent (2 1/2%) on such project or purchase
from twenty-five thousand one dollars ($25,001.00) up to one hundred
thousand dollars ($100,000.00), or
3.
Within one and one-half (1 1/2%) percent on such project or purchase
over one hundred thousand one dollars ($100,001.00),
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then the local bidder will be awarded the bid unless the bidder
does not satisfy the other considerations as provided in this Chapter.
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B.
The
local purchasing preference policy shall not apply in the following
instances:
1.
When purchases and/or contracts are funded in whole or in part by
Federal funds;
2.
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;
3.
When such preference is in conflict with any applicable State or
Federal laws, rules or regulations.
C.
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.
D.
"Local"
is defined as a business operating within the corporate limits of
the Town of Carrollton. Evidence of legitimate business presence in
Carrollton shall include:
1.
Having a current Town of Carrollton business license; and
3.
Not have any outstanding liens, fines, or violations with the Town.
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"Local" shall not include the following:
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1.
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Those businesses with only a local Carrollton post office box;
or
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2.
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Those businesses with a sales presence in the Town, but no physical
business location within the Town limits; or
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3.
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Home based businesses that merely take orders for products shipped
from out-of-town to their customers.
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Exceptions will be considered on a case-by-case basis when a
written request is submitted to the Purchasing Agent.
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E.
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. 2019-1333, 12-2-2019]
The Police Chief is authorized from time to time to enter into
a training cost reimbursement agreement with any employee of the Town
Police Department who the Police Chief approves for training to qualify
as a police officer or to improve the employee's skills as a police
office. The form of the training cost reimbursement agreement shall
be approved by the legal counsel for the Town.
