[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.
[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]
[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.
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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.
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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:
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.
