[CC 1990 § 2-136; Ord. No. 16, § 1, 6-1-1988]
A.
There
is hereby established the Office of Purchasing Agent who shall be
appointed by the City Administrator with approval of the Council.
The Administrator shall serve as the Agent until the office is filled
by appointment.
B.
The
duties and powers of the Purchasing Agent are as follows:
1.
Scope Of Purchasing Authority; Duties. The Agent is hereby authorized,
and it shall be his/her duty, to purchase or contract for all supplies
and contractual services needed by the City in accordance with purchasing
procedures, as prescribed herein, and such rules and regulations as
the Agent shall adopt for the internal management and operation of
the Office of Purchasing and such other rules and regulations as shall
be prescribed by the City Council.
2.
Unauthorized Purchases. Except as provided in this regulation,
no City Officer shall order the purchase of supplies or make any contract
within the purview of this chapter other than through the Office of
Purchasing, and any purchase ordered or contract made contrary to
the provisions hereof shall not be approved by the Agent, and the
City shall not be bound thereby.
3.
Other Powers And Duties. In addition to the purchasing authority
conferred above and in addition to other powers and duties conferred
by this division, the Agent shall:
a.
Minimum Expenditure. Act to procure for the City the highest
quality in supplies and contractual services at the least expense
to the City.
b.
Encourage Competition. Discourage uniform bidding and endeavor
to obtain as full and open competition as possible on all purchases
and sales.
c.
Rules And Regulations. Establish and amend, when necessary,
all rules and regulations authorized herein and any other rules and
regulations necessary to its operation.
d.
Purchasing Analysis. Keep informed of current developments in
the fields of purchasing, prices, market conditions and new products,
and secure for the City the benefits of research done in the field
of purchasing by other governmental jurisdictions, national technical
societies, trade associations having national recognition and private
businesses and organizations.
e.
Forms. Prescribe and maintain such forms as he/she shall find
reasonable and necessary to the implementation of these regulations.
f.
Bulk Purchases. Exploit the possibilities of buying in bulk
so as to take full advantage of discounts.
g.
Federal Tax Exemptions. Act so as to procure for the City all
federal tax exemptions to which it is entitled.
h.
Disqualifications Of Bidders. Have the authority to declare
vendors who default on their quotations irresponsible bidders and
to disqualify them from receiving any business from the City for a
stated period of time.
[CC 1990 § 2-137; Ord. No. 16 § 2, 6-1-1988; Ord. No. 750 § 1, 1-4-1993; Ord. No. 928 § 2, 7-18-1994; Ord. No. 1409 § 1, 6-1-1998; Ord.
No. 2341, 3-19-2007]
A.
No purchases or contracts for services or goods of any kind or description,
payment of 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 hereafter set forth.
1.
Purchases Under Five Thousand Dollars ($5,000.00). Whenever
any contemplated purchase or contract for goods or services is for
the sum of less than five thousand dollars ($5,000) inclusive, the
Purchasing Agent may order the items as needed in accordance with
the approved accounting system.
2.
Goods Or Services Costing Five Thousand Dollars To Ten Thousand
Dollars ($5,000.00 to $10,000.00) Inclusive. Whenever any contemplated
purchase or contract is for goods or services costing from five thousand
dollars to ten thousand dollars ($5,000.00 to $10,000.00) inclusive,
the Purchasing Agent shall obtain at least three (3) quotations from
qualified vendors for the goods or services to be purchased. The quotations
may be obtained orally and the award for purchase or contract given
to the lower responsible bidder.
3.
Purchases Costing From Ten Thousand Dollars To Twenty-Five Thousand
Dollars ($10,000.00 to $25,000.00) Inclusive. Whenever any contemplated
purchase or contract is for goods or services costing from ten thousand
dollars to twenty-five thousand dollars ($10,000.00 to $25,000.00)
inclusive, the Purchasing Agent shall solicit at least three (3) written
quotations for the item or items to be purchased. The quotation shall
be submitted in written form to the Purchasing Agent who shall award
the purchase or contract to the lowest responsible bidder.
4.
Items Costing Over Twenty-Five Thousand Dollars ($25,000.00).
Whenever any contemplated purchase or contract for goods or services
is for the sum of more than twenty-five thousand dollars ($25,000.00),
the Purchasing Agent shall cause to be published in one (1) issue
of a newspaper of general circulation in the City a notice inviting
bids; provided, however, that the Purchasing Agent shall have the
authority upon the recommendation of the department head to forego
advertising in such cases where advertising would not be an appropriate
method to seek bids. Said notice shall be published at least ten (10)
business days prior to the date set for the receipt of the bids. The
Purchasing Agent may allow more time for the preparation and submittal
of bids whenever the contemplated purchase of goods or services indicates
that a longer period of time will be required for vendors to complete
and submit 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 City Hall, 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 newspapers
hereinbefore required. Upon opening of the sealed bids, the Purchasing
Agent shall review and investigate all bids received and shall then
make a recommendation to the City Council based upon said investigation
as to which bidder has submitted the lowest responsible bid.
5.
Per Unit Purchasing.
a.
The Purchasing Agent shall have the authority to purchase on
a "per unit" basis those items which have been specifically identified
on a list which is to be approved by the Finance and Administration
Committee of the City Council of the City of Chesterfield for such
purchases. Said list is to be prepared and reviewed on an annual basis
by the Finance and Administration Committee and may be modified by
the Finance and Administration Committee as it may deem appropriate.
Any items which are contained on said list must be for the purchase
of commodities only and each per unit dollar amount may not exceed
a total of five hundred dollars ($500.00) for each unit to be purchased
and must already fall within the total amount budgeted by the City
for the purchase of said commodity.
b.
Insofar as staff has made every possible effort to obtain three
(3) bids and has documented the same or where the actual cost exceeds
the budgeted amount, but adequate funds exist within the department's
budget to cover the cost of the item or items, the City Administrator
is authorized to approve the purchase as long as the bid procedures
have been carried out in accordance with the purchasing rules and
regulations. The City Administrator shall be required to seek the
approval of the City Council for purchases of commodities on a per
unit basis whenever the low bidder is not chosen or the item is not
on the Finance and Administration approved list.
[CC 1990 § 2-138; Ord. No. 16 § 3, 6-1-1988]
A.
The Purchasing Agent and all parties contracting with the City shall
follow the procedure hereinafter set forth in relation to all bids
required above:
1.
All notices and solicitations of bids shall state the time and
place for opening.
2.
All bids shall be submitted sealed to the City Official designated
in the bid packet and shall be identified as bids on the envelope.
3.
All bids shall be opened in public at a 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 City Council shall have authority to reject any and all
bids and parts of all bids and readvertise or re-solicit bids whenever
it is deemed to be in the best interest of the City.
[CC 1990 § 2-139; Ord. No. 16 § 4, 6-1-1988]
A.
It is the responsibility of the Purchasing Agent to review and investigate
all bids received and to make a recommendation thereon to the City
Council regarding award to the lowest responsible bidder for the entire
purchase or contract or for 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 the services required.
2.
Whether the bidder can perform the contract to provide the services
promptly or within required time periods 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 the ability of the bidder to perform
the contract or provide the service.
6.
The quality, availability and adaptability of the supplies or
services.
[CC 1990 § 2-140; Ord. No. 16 § 5, 6-1-1988; Ord. No. 750 § 2, 1-4-1993; Ord. No. 1409 § 2, 6-1-1998]
All purchase orders or contracts must be for goods or services covered by a category in the budget for the current fiscal year as approved by the City Council. Any purchaser of an item not provided for in the current fiscal year budget must receive the prior approval of the City Council. The agent is authorized to approve all purchases after complying with the competitive shopping requirements as specified above. The agent shall also be authorized to expend funds exceeding ten thousand dollars ($10,000.00) for materials and supplies under blanket purchase order for a fixed period of time that was issued as a result of competitive bidding and City Council approval of the lowest responsible bidder, which shall include "per unit" purchases which may in the aggregate exceed ten thousand dollars ($10,000.00) if purchase is made in accordance with Subsection (A)(5) of Section 123.010.
[CC 1990 § 2-141; Ord. No. 16 § 6, 6-1-1988; Ord. No. 202 §§ 1 — 2, 11-7-1988; Ord. No. 928 §§ 1
— 3, 7-18-1994]
A.
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 said services or commodities cannot be secured from
other persons or companies, than the bidding requirements contained
above shall not be applicable and the Purchasing Agent is authorized
to proceed with the purchase of such services or commodities as are
required by the City, but cannot be secured through the normal bidding
process. Exclusive service purchases for amounts exceeding five thousand
dollars ($5,000.00) must be preapproved by the City Council.
B.
Performance Bond. The Purchasing Agent shall have the authority to
require a performance bond in cash or otherwise for such amount that
he/she may deem sufficient to secure the execution of the contract
for furnishing goods or services for the best interests of the City.
C.
Emergency Procedures. In case of an emergency which requires immediate
purchase of supplies or services and time is of the essence, the Director
of Finance shall be empowered to authorize the purchase or to secure
the services needed without complying with the procedures as set forth
in this Article. This Section shall also apply to any natural disaster
or civil emergency requiring immediate response on the part of the
City. A full report in writing of the circumstances requiring emergency
purchases shall be filed by the agent with the City Administrator
within a reasonable period of time after the emergency. The City Administrator
shall forward such information on to the Mayor and City Council for
information.
D.
Professional Services.
1.
Generally. The competitive bidding requirements of this Article
shall not apply to professional services and the requirements herein
shall not be required in the employment of professional services including,
but not limited to, physicians, attorneys, certified public accountants
or planners. The Purchasing Agent is authorized and encouraged, however,
to require proposals from capable professionals within a required
discipline, whenever time and/or circumstances warrant.
2.
Exceptions. The following shall be the policy and procedures
for selecting architectural, engineering and land surveying services
for the City.
a.
ARCHITECTURAL SERVICES
ENGINEERING SERVICES
FIRM
LAND SURVEYING SERVICES
SELECTION COMMITTEE
Definitions. As used in this Section, the following terms shall
have these prescribed meanings:
Those services within the scope of practice of architecture
as defined by the laws of the State of Missouri, Section 327.091,
RSMo., and to include landscape architects.
Those services within the scope of practice of engineering
as defined by the laws of the State of Missouri, Section 327.181,
RSMo.
Any individual, firm, partnership, corporation, association
or other legal entity permitted by law to practice the profession
of architecture, engineering or land surveying or other professional
services and provide said services.
Those services as defined by the laws of the State of Missouri,
Section 327.272, RSMo.
The City Administrator, Director of Public Works and department
head of the using department.
b.
Roster Of Consultants.
(1)
The City Administrator or designated staff will
maintain a roster of qualified firms interested in performing professional
services for the City. Names of firms will be placed on the roster
upon their request, at the request of members of the Council or when
recommended by City departments.
(2)
Each firm meeting the following minimum qualifications
shall be deemed to be a qualified firm and meeting the qualifications
of the City:
(a)
Duly authorized to conduct business in the State
of Missouri in their particular profession.
(b)
Professional registration by the State of Missouri.
(c)
At least one (1) staff professional assigned to
each project. Adequacy of personnel will be determined on a contract-by-contract
basis against the City's estimate of manpower required to perform
the work in the desired time frame.
(3)
Resumes And Data. Each person or firm listed on
the roster shall be responsible for maintaining with the City Administrator
a current resume describing his/her or its qualifications and experience.
Data which shall be included is as follows:
(a)
Firm name, address, telephone numbers.
(b)
Year established and former firm names.
(c)
Types of services for which it is qualified.
(d)
Names of principals of the firm and status in which
they are registered.
(e)
Names of key personnel with experience of each
and length of time in the organization.
(f)
Number of staff available for assignment.
c.
General Procedures And Responsibilities.
(1)
Project Initiation. When a department of the City
identifies a project for which architectural, engineering or land
surveying services will be necessary, the department will draft a
scope of services for the specific project. This scope of services
will be submitted to the City Administrator for authorization to initiate
the project. The department shall include in the scope of services
the following:
(2)
Expressions Of Interest. The using department will
contact those firms on the roster for an expression of interest in
the specific project. The request should invite comments as to the
special experience in the project being considered, describe previous
experience with similar projects and the availability of the firm
to provide required service within any time limitations.
(3)
Initial Screening And Requests For Proposals.
(a)
The expressions of interest will then be presented
to the department requesting the services for initial screening. Factors
to be determined in the initial screening will include:
(i)
Specialized experience in the type of work required.
(ii)
Record of the firm in accomplishing work on other
projects in the required time.
(iii)
Quality of work previously performed by the firm
for the City.
(iv)
Recent experience showing accuracy of cost estimates.
(v)
Community relations, including evidence of sensitivity to citizen
concerns.
(vi)
Geographic location of the principal officers
of the firm.
d.
Detailed Proposals. Firms submitting detailed proposals will
provide the following information:
(1)
Name of firm principal.
(2)
Name of project supervisor (licensed engineer,
architect or land surveyor).
(3)
Ability of firm to meet time schedules.
(4)
Description of how project will be conducted.
(5)
Cost of services.
(6)
For various levels of the disciplines offered,
the position, hourly rate, salary cost multiplier, overhead and profit
multiplier.
(7)
Outside consultants and associates usually retained.
(8)
List of completed projects on which the firm was
principal engineer.
(9)
Current projects under way and estimated cost of
each.
(10)
Data gathering methods (if appropriate).
(11)
Evaluation techniques (if appropriate).
e.
Selection.
(1)
Three (3) written proposals should be secured when possible. Proposals may be solicited by mail or telephone. The selection committee will review the proposals, interview the prospective consultant, if desirable, and make a recommendation or selection in accordance with Subsection (D)(2)(e)(2) below.
(2)
Class Of Service. Projects will be divided into
two (2) classes as follows:
(a)
Class A. Services for projects where fees will
exceed five thousand dollars ($5,000.00). The selection committee's
recommendation shall be presented to the City Council for approval
or rejection. The Council has the right to approve or reject any and
all proposals.
(b)
Class B. Services for projects which are provided
for in the approved City budget and where fees will be equal to or
less than five thousand dollars ($5,000.00). The selection committee
will have full authority to select the consultant.
f.
Prohibition Against Contingent Fees.
(1)
Each contract entered into by the City Council
for professional services shall contain a prohibition against contingent
fees as follows:
"The architect, engineer or land surveyor (as applicable) warrants
that he/she has not employed or retained any company or person, other
than a bona fide employee working solely for the architect, engineer
or land surveyor, to solicit or secure any fees, commission, percentage,
gift or any other consideration, contingent upon or resulting from
the award or making of this agreement."
(2)
For the breach or violation of the foregoing provision,
the City Council shall have the right to terminate the agreement without
liability and at its discretion to deduct from the contract price
or otherwise recover the full amount of such fee, commission, percentage,
gift or consideration.
g.
Authority Of City Council To Waive Procedural Requirements.
The City Council in its sole and absolute discretion may waive any
and all aforementioned procedural requirements.
E.
Cooperative Purchasing. This Article and the requirements herein
shall not apply to purchases made through or with the State of Missouri,
or any other governmental jurisdiction which operates a cooperative
procurement program, and will allow the City to purchase goods or
services that the jurisdiction has made available following the completion
of its own internal purchasing procedures. Insofar as the City Council
has adopted an ordinance or resolution authorizing the City to participate
in a cooperative purchasing agreement with another jurisdiction, the
City Administrator has the authority to approve such purchases without
seeking separate, formal City Council approval on each item.
F.
Subdividing Prohibited. No contractor purchase shall be subdivided
to avoid the requirements of this Section.
[CC 1990 § 2-142; Ord. No. 16 § 7, 6-1-1988]
A.
Any purchase order or contract within the purview of this Article
in which the Purchasing Agent or any officer or employee of the City
is financially interested, directly or indirectly, shall be void,
except that before the execution of a purchase order or contract,
the City Council shall have the authority to waive compliance with
this Section when it finds such action to be in the best interests
of the City.
B.
The agent and every officer and employee of the City shall not directly
or indirectly solicit any gift or accept or receive any gift, whether
in the form of money, services, loans, promises or any other form,
under circumstances in which it could reasonably be inferred that
the gift was intended to influence them, or could reasonably be expected
to influence them, in the performance of their official duties or
was intended as a reward for any official action on their part.
[CC 1990 § 2-143; Ord. No. 16 § 8, 6-1-1988]
A.
Inspections. The Purchasing Agent shall inspect or cause the inspection
of all deliveries of supplies or contractual services to determine
their conformance with the specifications set forth in the order or
contract therefor.
B.
Tests. The agent shall have the authority to require chemical and
physical tests of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and conformity with
the specifications. In the performance of such tests, the agent shall
have the authority to make use of any outside laboratory.
[CC 1990 § 2-144; Ord. No. 16 § 9, 6-1-1988; Ord. No. 928 § 4, 7-18-1994]
A.
Generally. All departments shall submit to the Purchasing Agent,
at such time and in such form as the agent shall prescribe, reports
showing stocks of all supplies which are no longer used or which have
become obsolete, worn out or scrapped.
B.
Transfers. The agent is hereby authorized to transfer surplus stock
to other departments.
C.
Sales. The City Administrator is authorized to sell all supplies
having an estimated value of less than five thousand dollars ($5,000.00)
which have become unsuitable for public use or to exchange the same
for or trade in the same on new supplies. Sales shall be made to the
highest possible bidder.
