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HomeMy Public PortalAboutORD15264BILL NO. 2014-9 SPONSORED BY COUNCILMAN JJ SCHULTE ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 26A (PURCHASING) AND CHAPTER 2 (ADMINSISTRATION), ARTICLE IV (DIVISION 1. CITY ADMINISTRATOR). SECTION 307 (POWERS) OF THE CODE OF THE CITY OF JEFFERSON BY REVISING THE PURCHASING PROCEDURES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 26A (Purchasing and Finance) is hereby amended as follows: ARTICLE I. PGRCHASING DIVISION 1. GENERALLY Sec. 26:\-I. Statement of Purpose The purpose of these purchasing procedures is to balance the goals hereinafter listed to the Greatest degree possible for the benefit of the laxpayers. These goals are declared to he in the best interest of the taxpayers: I. Satisfy Requirements. To comply with federal and state lase and conditions of am grant or purchase schen necessary but not burden other procedures %i ben the same are not applicable. 2. Accountabilih-. To provide accountabilih to the public, City Council, and staff management, "hich provides transparency and prewni% exlracagance, fraud, and corruption. 3. \ mine. I o maximize to the fullest extent the purchasing power of the Cit to achieve the best calm possible ssith taxpayer money, and prevent expense in processes. 4. Efficiency. To ensure that taxpayer money is used to maximum benefit b% providing timeh purchasing, clear and consistent regulations, and policies that alto» city staff to maximize the producliye use of their time. Bill 2014-9 Page I Bill 2014-9 Page 2 See. 26A371 26>,-2. Definitions. Whenever the following words appear in this division they shall have the meaning set out below: Business: shall mean any corporation, partnership, individual, sole proprietorship, joint stock company. joint venture, or any other private legal entity. City Council or Council: Shall mean the Council of the City of Jefferson or the Parks and Recreation Commission when ewnding money from the Parks Fund or money budgeted for parks purposes based-en-the City Administrator: Shall mean the Cu\ administrator and/or deli nec or the Parks and Recreation Commission when expending money from the Parks Fund or money budgeted for parks purposes based-eft-die Construction: means the process of building, altering, repairing, improving, or demolishing any public infrastructure facility, including any public structure, public building, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of any existing public infrastructure facility, including structures, buildings, or real property. Contract: means all types of agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, or construction. Contractor: means any person having a contract with a governmental body Department Director. means Director of at circ (IeparuuenI %N ho tim leen assigned toad ininistei a contract or project hN the cits adntiniarator. Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any uncompensated individual performing personal services for any governmental body, or any elected or appointed official of the City. Euuipmen : means a vehicle powered by a motor traveling on wheels or tracks, and designed to be ridden by its operator, items which are used when affixed to such vehicles; or, trailers and other devices which are towed by a motor vehicle as well as items attached to them: or, devices which are powered by a motor and which are operated by a person walking behind the device and which said device has a purchase price of no less than Five Thousand Dollars ($5000) (S5.000.00), Person: means any business, individual, union, committee, club, other organization, or group of individuals. Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. Services: means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements. Signature: means [enter the appropriate reference to the State's applicable Digital Signature Act if enacted] [a manual or electronic identifier, or the electronic result of an authentication technique attached to or logically associated with a record that is intended by the person using it to have the same force and effect as a manual signature.] Bill 20149 Page 3 Supplies: means all property, including but not limited to equipment. materials, printing, insurance, and leases of real property, excluding land or a permanent interest in land. Vehicle: a motor vehicle used primarily for transporting the driver and passengers Written or In Writing: means the product of any method of forming characters on paper, other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. (Previously codified in section 2-374) Sec. 26A-3. Federal. State and Grant requirements A. Am- requirement placed by Federal or State law or as a condition of grant accepted by the Council, shall be deemed to be an additional requirement to these purchasing rules. U. No such condition identified in Section A above shall be imposed as a purchasing requirement unless expressly required by Federal or State law or b% condition of a grant approved by the City Council. [Purpose: not burden other purchases with unnecessary red tapel Sec. 2.379 2h �Promulgation of rules. The the city administrator-. Tike% adopt rules and regulations relating to the procedure to be followed by city employees in the preparation and submission of purchasing requests and invoices for purchases not in conflict kith the ('ih (ode or ( ih (hartut . (Code 1977, § 16-23: Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-378) Se.. 16A nun c_..._.._........uFeh_ es. ,Moved to Sea 2"-64 Bill 2014-9 Page 5 See- 16A j81- SmAl sum . Mined to 16.1-43 Sec, 164 383 26.1 Preference for U.S.-manufactured goods. A. Each contract for the purchase or lease of manufactured goods or commodities by the City, and each contract made by the City for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States. This section shall not apply where the purchase, lease, or contract involves an expenditure of less than twenty- five thousand dollars (S25.O00.00 . This section shall not apply when only one line of a particular good or product is manufactured or produced in the United States. This section shall not apply where the city administrator certifies in writing that: 1. The specified products are not manufactured or produced in the United States in sufficient quantities to meet the agencys requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the agencys requirements; 2. Obtaining the specified products manufactured or produced in the United States would increase Bill 2014-9 Page 6 the cost of the contract by more than ten percent: (Ord. 10939. § 1, 10-19-87: Ord. No. 11936, § 2, 7-19-93 State law reference Sub -Section A § 34.353 RSMo, Sub - Section B § 71.140. RSMo.) (Previously codified in section 2-383) See'ft •tea',' N, 1-h Preference to Missouri products and firths. A. In making purchases, the City shall give preference to all commodities and tangible personal property manufactured mined, produced, processed, or grown within the State of Missouri, to all new generation processing entities defined in section 348.432, RSMo, except new generation processing entities that own or operate a renewable fuel production facility or that produce renewable fuel, and to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals, when quality is equal or better and delivered price is the same or less. The City may also give such preference whenever competing bids, in their entirety, are comparable. For purposes of this section, "commodities" shall include any agricultural product that has been State Law reference § 34.070 RSMo, B. Prewsian R I'm agraph A shall not be applicable when prohibited by state or federal law or would violate any funding condition set out by the State or Federal government. (Previously codified in section 2-383.1) Sec. 26A-7. Pre%ailing %% 39C. I he Cit%shall compls with all state and/or federal requirements for prevaitina wage. Sec. 26A-8. Council Preference �,uhstitution. For am assard or election required b% the City Council, the City Council mal substitute its judgment for that of staff's judgment and make am selection it feels is in the hest interest of the Cit%. If a contract is brought hefore the City Council as a result of a competiti%c bidding process, and the Cit% Council %uhstitutes the name of the para recommended for award of the contract with another park who also submitted a bid the price of the bid of the substituted park shall be deemed to also lx, approved, unless specificalh stated to the contras in a motion. Sec. 26A-9. Signatures un Financial Accounts. A. The \lasor, cih adminislrator, and finance director shall tx designated as signatories for cit% financial accounh. The cih administrator is authorized to execute documents to change the signatories as persons holding the positions identified atw%e change. The cit% administrator may appoint other Deparnnent directors as signatories if necessan- during times of Aacanc% in office of the Finance director. Bill 2014-9 Page 7 Sec. 26A-10 through 26A-19 reserved. Division 11. Cit% Administrator Purchasing Authority A. The city administrator is hereby authorized to sign contracts on behalf of the city, provided the following criteria are met: 1. The contract has a cumulative total value of less than menti rise thousand dollars ($25,(X)0.00) no ereateF than ty-mo, feuf thR ismd; nine hunifFed ninety nine dellaFs and tc2n�unless specifically authorized by the City Council; or 2. The contract has a combined total value of no greater than fifly thousand (550,000.00), the city adminisVator may place the same on the consent agenda for approval by the Council in one meeting. Such contract shall be considered rejected if anv two councilpersons vote to refect the same. It. The city administrator shall not ha%e the poser to siLn an% contract pertaining to the purchase or sale of real estate. unless specificalls authorized bs the City Council, except that such prohibition shall not appls to : 1. leases sshich are no more than tssenls five Thousand dollars 1525.00111 in total salue includinL all renewals: or -'. The acceptinL or LranlinL of casements across cit properts. (Replaces former Sec. 2-2908) Sec. 26A-21. City administrator power to execute change orders. The city administrator is hereby authorized to execute chance orders to contracts including increasing the amount to be expended under the contract provided the following criteria are met: A. The change order has previously been approved by the department director of the department administering the contract and the financial amount involved does not exceed ten percent (10%) in total of the original contract amount with any previously approved change orders on that contract, or of less than Menti -fisc thousand dollars ($25,000.00) ten4hoipAut"AlurslS1ih000), whichever is greater. For the purposes of this section, the tam "migim l" contract shall mean the contract as approved by the Council and executed by the appropriate official as well as any amendments to the contract which have been duly approved by the Council. B. The change order does not change the general scope of the �%orl, proj ri_ C. All change orders approved shall be reported to the City Council within two weeks of execution. The Bill 20149 Page 8 report shall include the reason for the char a order. (Previoush, codified as Chapter 2 -307F) Sec. 26A-22 through 26A-29 reserved. Division 111. Office of the Purchasing .%gent Sec. 16A-37-5'_6:\-30, Purchasing agent; office established. There is hereby established within the finance department the office of purchasing agent who shall be the head of the purchasing division. (Code 1977, § 16-20; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-375) Sec. 264 376 26 %-31 . Establish and maintain specifications. The purchasing agent shall compile and maintain specifications for all items purchased, or to be purchased. by the City. The specifications shall not be unduly restrictive and shall be written, if possible and practicable, so that the City may obtain competitive bids. (Code 1977, § 16-21; Ord. No. 9655, § I, 8-17-81; Ord. No. 10044, § 1(16-21), 9-6-83; Ord. No. 11936, § 2. 7-19- 93) (Previously codified in section 2-376) See. 26A377 32. Standards and procedure. The purchasing agent shall observe the following standards and procedures in the administration of this division: A. The purchasing agent shall purchase those supplies, materials and equipment requested by the department for whose use they are intended. The purchasing agent shall keep the departments informed on prices, changes, deliveries and other information that will assist them in placing purchase orders at such times as to ensure purchasing at the best possible prices. B. All supplies, materials and equipment %%ith an estimated value in excess of one thousand dollars 11% I.OW.nn) disposed of by sale or otherwise shall be sold by the purchasing agent only with the advice and consent of the mayor and council. Supplies, materials and equipment deemed to be obsolete, unusable and of ne menetafy %aloe to the City ss ith an cstimalcd Value of le%% than one thousand dollars IS L000.00), may be lassfulh disposed of by the purchasing agent at an appFaved landfill BE disposal site. menetaf�" value. The pufeliasing agent sliall file a FepOF! with tile EOURe setting fi)Fth What C. Copies of all correspondence with suppliers concerning prices, adjustments or defective merchandise- as well as all invoices, bills of lading, delivery tickets and other papers pertaining to purchases, shall be delivered to the purchasing agent. D. The purchasing agent shall maintain a complete record of all quotations, bids and purchase orders For a period of five (5) years. and such records shall at all times be open to the public for inspection. Only proposals and related documents will be closed until the earlier of the making of a recommendation to the public governmental body or the acceptance or rejection of all proposals. F. The puichai ng agent shall me nta n super% sery eentrel OVeF all pufehase! and shall determine wheuieF in svh eh ease he !hall pursue all sueh ela in against the :.:__.v of eaY f:_' OF su .paid c._ anyshortage, �.Ftekage OF ath._ .,,._..........:. ng Bill 2014-9 Page 9 (Code 1977, § 1622: Ord. No. 11936, § 2, 7-19-93 (Previously codified in section 2-377) Sec. 26A -M 33. Debarment. A. The purchasing agent is authorized to debar a person from consideration for award of contracts for any of the following reasons: I. Conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. 2. Conviction undo state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of integrity or honesty which currently, seriously and directly affects responsibility as a City contractor or vendor. 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals. 4. Deliberate failure without good cause to perform in accordance with contract specifications or within the time limit provided in the contract. 5. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor or vendor shall not be considered a basis for debarment. 6. Any other cause so serious and compelling as to affect responsibility as a City contractor, including debarment by another governmental entity for any cause listed in this article. 7. Found to have falsified a previous bid. B. The length of debarment shall not exceed three (3) years. C. An action to debar a contractor may be initiated and shall proceed as follows: 1. The purchasing agent shall initiate a debarment by serving written notice of the debarment to the person he intends to debar. The notice shall set forth the specific grounds for the debarment and advise the person of his right to appeal. The notice shall be served by registered or certified mail or by delivering a copy of the notice to the person subject to debarment or his agent or employee. The debarment shall take effect ten (10) days after service of the notice unless an appeal is taken to the director of finance. If such an appeal is taken, the debarment shall not take effect until a final order upholding the debarment is entered by the director or until the appeal is dismissed by the appellant. 2. Within ten (10) days after service of a written notice of debarment, the person affected by the notice may file a written request for a hearing before the director of finance contesting the debarment. 3. The director of finance shall set the matter for hearing on the record within thiFty (30) fifteen (I5) days of the receipt of a request for a hearing. At least ten (10) days' notice of the hearing shall be given to the affected person and to the head of the purchasing division. 4. At the hearing, each party shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses and impeach any witness. Oral evidence shall be taken only on Bill 2014-9 Page 10 oath or affirmation. All evidence shall be suitably recorded and preserved. The technical rules of evidence shall not apply, except the director of finaurc may exclude evidence which is irrelevant or repetitious. Each party shall be entitled to present oral arguments or written briefs at or after the hearing. 5. Within ten (10) working days of the hearing, the director of finance shall make written findings of fact and conclusions of law and issue a final order. Findings of fact shall be based upon competent and substantial evidence found in the records as a whole. A copy of the directors order, his findings of fact and conclusions of law, shall be delivered or mailed to the purchasing agent and to the affected person. 6. An appeal from the director's order shall be to the circuit court pursuant to Chapter 536, RSMo. 7. 8. If (here arc Lrounds for debanucot pvndinL against a bidder, all other bids submitted b% the parity aL'ainst which the debarment i, pending tmw Iw rciceted until the departtuent debarment mailer is resoled. ..shall liffli! the allh'IBF t5' Of !he PUF8haSiH8 dkciskm se eeeep! the bid vA ah in his judgment i's the lOWe§1 and best b d, OF tO Fejeet an), of all (Ord. No. 11936, § 3, 7-19-93) (Pre%iousl) codified in section 26A-389) Sec. 26A-34 throueh 26A-39 reserved. DIVISION IV. Purchase of Goods and Services Sec. 26A40 General Provision for purchases of Goods and Senices. Unless otherssise stated, the purchase of Dards and services shall be accomplished utilizinL the followinL methods: �. Categors l: Purchases of goods or services valued less than five thousand dollars ($5,000.00). The purchases of goods or services which have a value of less than five thousand dollars ($5.000.110) mac he purchased withoul the utilization of bids. Purchases must be requisitioned through the normal purchasing procedures. B. Category 2: Purchases of goods or services valued from five thousand dollars (55,000.00) to less than (wenti five thousand dollar (525,0000)). The purchase% of goods or services %%hich have a value of from five thousand dollars ($5,000.00) to less than tk%enty rhe thousand dollars ($25,000.00) shall require obtaining thrcr (3) bids or quotes for the cost of the good or service requested. 1. Such bid quote %hall I -w in %%ritinL (.kith clectrmuic bids or quotes being acceptable), except that purchase% made in connection with au emeraenc% declared pursuant to the terms of the CRN Code, mac Ix oral. 2. A hid for a good ma% include the sale% price of a %eller of an online dealer of such goads. 3. The name of the busine%% %uhmitting bids or quotations, the name% and contract information of the persons de%ignated for communication by the bu%ine%%, the date and the amount of each quotation %hall Ix recorded and maintained. 4. A bid/quote must be received from at Icast (3) businc%%e% or vendors or an explanation a% to %%h% three bids could not be remonabl% obtained which is accepted b% the cit% administrator. T he lowest and best bid %hall Ix• %elected b% the department director. Bill 20149 Page I I C. Category 3: Purchases of goods or senices valued at twenh-fine thousand dollars ($2500000) or greater. Purchases of goods or services expected to be menti -five thousand dollars ($25.000.00) or greater shall he accomplished b% sealed bid. I he purchasing agent shall adtertise for sealed bids on am requisition itnohing more than twenh-fixe thousand dollars ($25.000.00) allowing a minimum of fourteen (14) dacs before proposals are received and the bids opened. The lowest and best bid submitted by a responsible bidder meeting specifications will Ix- recommended to the Cit- Council for an aycard. 1). Maintenance Contracts. Contracts ayyarded for maintenance sersices (includinL but not limited to electricians and plumbers) based upon an hourh fee shall include provisions to allots for other similar work which mac be determined to be hesond maintenance at the discretion of the cih administrator so long as there are sufficient budretan fund%. Request for Bid (RFB) also known m Incitation for Bid ([FB). The Citi shall utilize a Reuuest for Bid when the item or service sought can be described in detail using characteristics that must be present in order to meet the needs of the user. Specifications are detailed, specific and protide for ten limited Oexibilit nn the part of the bidder. If hids are to be etaluated based on subjective criteria in coniunetion with price, the subiectite criteria and relathe weights must he stipulated in the specifications. The award is to the Invest and best responsible bid meetinL the specifications as originally stated. Bids do not allow for negotiation. Request for Proposal (RFP) — The Request for Proposal is a method of soliciting information and pricing from a supplier of goods or senices. The Request for Proposal procedure mat onh be if the cit administrator determines that staff cannot reasonabb determine detailed and specific specifications for the good or service. An RFP is issued so that potential proposers can offer suZLesled processes or senices, or alternate proposals to he considered by the Cit. %% hen using a RFP the Citi must establish selection criteria and establish points for each criteria. Such point ststent shall he provided to the proposer as a part of the RFP. Proposals allow for negotiation and mac include best and final offers. Proyo%als and related documents shall he held confidential until the earlier of the making of a recommendation to the CitCouncil or the acceptance or resection of all propnals. (Replaces Chapter 2 and subsequently 26A -379) Sec. 26A41. Architectural, Engineering and Land Suneving Sertices Selection. A. General Provisions. 1. The following procedure describes policies and procedures to be used bt City of Jefferson in selecting architectural, engincerinL and land sunning senices referred to as "AELS firms". 2. The process for selection of AELS shall he called `Request for Qualifications . 3. The following prosisions for purchase of AELS are goterned bt the Federal "Brooks Act' (401. S.C. 1101 et seg) and the State or "\lini Brooks .act" (RSNIo 8 Sections 285-291). a. Selection Committee. For purposes of this section. Selection Committee shall mean a committee appointed by the zits administrator which shall he composed of the department director who shall be in charge of the project requiring an AELS Firm and others as appointed. B. Police. It shall be the police of C'itt of Jefferson to negotiate contracts with :\ELS firms for senices on the basis of demonstrated competence and gnalificatiom for the hpc of senices required and at fair and reasonable fees. C. AELS Firm List And F.taluation. Bill 2014-9 Page 12 The purchasing agent shall compile and maintain a file of AELS firms that are potential consultants for doing protects for Cih of Jefferson. 2. Each AELS firm shall he e%a]uated %%ithin thirt% (30) da%s after completing a contract eilh the Cit%. The evaluation shall be forward to the purchasing agent for use in future project selections. D. Request for Qualifications. 1. %% hen a proiect is proposed, the principal department proposing the proiccl shall prepare a description of the project, including the Scope of N ork, the identification of applicable tans, a timetahle and a proiect budget. This information shall be compiled into a "Request for Qualifications' for the proiect. 2. 1 he Department director principal]% in charge of the proiect shall select AELS firms to he sent a "Request for Qualifications' for the proiect from the purchasing agent's list and other sources deemed appropriate. Selection of these AELS firms shall be based upon preliminary re%%ie%s comparing the nature of the lob sith the experience of the AELS firms and other significant factors. 3. The Request for qualification shall set out all criteria for which the firms trill lw e%aluated. 4. Interested AELS firms shall submit responses to the Request for Qualifications for re%ie%% b% the selection committee. 5. The selection committee shall e%a]uate the responses and if deemed necessar%, sonic or all the submitting AELS firms ma% be inter%ieued. 6. 1 pon a finding b% the cit% administrator that the AELS list of firms current]% on file %%ith the Purchasing Agent contain% firms which. based upon cit% staffs pre%ious experience, meets or exceeds the qualifications for a project, the principal department ma% choose to select qualified firms from the purchasing agent's list %%ith no additional submission from the AELS firms required. AELS Firm Selection The selection committee shall rank the AELS firms based on the follm%ing criteria: 1. The specialized experience and technical com[wience of the firm %lith respect to the tape of sen -ices required; 2. The capacity and capabilin of the firm to perform the work in question, including specialized services, %%ithin the time limitations fixed for the completion of the project; 3. The past record of performance of the firm with respect to such factors as control of costs. quality of %%ork, and ability- to meet schedules: 4. The firm's proximity to and familiarib with the area in which the proiect is located. 5. Any other criteria deemed appropriate for the services sought which may be lawfully considered. Negotiation For Contract I. 'I he selection committee shall select up to three AELS firms that are highh qualified to fulfill the proposed assignment in the best interest of the Cit%'. The AELS firms shall he placed in ranked order. 2. The AELS firm ranked first shall lw asked to prepare a fee proposal based oil the %%ritten description of the scope services and nmotiation% shall proceed. 3. If the committee is unable to negotiate a %ati%facton contract with the highest ranked firm selected, neroliation% %%ith that firm shall be terminated. fhe committee shall then undertake m2otiations with the second highest ranked AELS firm. If there is a failing of accord %%ith the second firm. negotiations %%ith such firm shall be terminated. The committee Bill 2014-9 Page 13 shall then undertake negotiations with the third most qualified firm. 4. If these negotiations prose unsatisfactory, the proiecl shall be restudied and the City's expectations shall be reexamined before beginning the process again If the prtwess be,.ins again the selection committee shall compile a list of qualified -SEI S firms and proceed in the same manner. 0 Appyal. There shall he no right to appeal such arsard but all qualifications un file with the Cih shall he a public record. (Replaces Chapter 2 and subsequently 26A-394) Sec. 26A42. Policies and Procedures for selecting Professional Economic Development contracts and Promotion and Development of Tourism. 1. The ability to contract for economic de%clopmen4 promotion and development of tourism, or env other service identified by the Council by resolution shall he held exclusively by the City Council. B. The selection of any provider under section shall he exempt from all other purchasing procedures and if such service is desired to be bid rather than awarded, such process shall be developed by the Cih Council at the time of selection. Any requirements for selection shall he adopted ad hoe by the Cin Council by resolution. Sec. 26A-384 43. Small son purchases. Any employee of the City making a an authorized purchase involving an immediate cash expenditure of fifty de"afs ($50.00) one hundred dollars (S IO001) or less shall be reimbursed by the City upon submission of a sales ticket for the purchase. (Code 1977, § 1629(6); Code 1983, § 2-404; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-381) Sec. 26A44 through 26A49 reserved. Division V Construction Contracts Sec. 26A-50. Bidding procedure for construction projects user tmcnh-fi%e thousand dollars ($25.000.00). The following describes procedures to be followed by the City in selecting construction contractors for projects in excess of hycnh-fise thousand dollars (525,0011.00) When construction documents have been completed and approved and the approved sets have been delivered to the appropriate City official, the next step is the selection of a construction firm for the project. This contractor shall be selected as follows: A. Competitive bids: The City shall seek competitive bids for projects by advertising and or invitations to prospective contractors that the City intends to construct said project B. Advertising or invitation to contractors: To inform prospective bidders that a contract is to be awarded and invite bids for the proposed project an advertisement shall be placed in a daily paper of general circulation. Items which may be included in the advertisement or invitation are: I. A brief description of the project and its location. 2. Name and address of the ewner Cie of.lefferson. 3. Name and address of the person authorized to receive bids. 4. The place, date and hour of bid opening, restrictions on submission, changes and withdrawal of bids. 5. Character of bids: Phasing, unit -price, lump -sum, alternates etc. 6. Quantities involved in the project. Bill 2014-9 Page 14 7. The amount of the bid surety and whether it is to be by certified check, bid bond etc. and provisions for returning surety to unsuccessful bidders. 8. Statement as to where plans and specifications may be obtained or examined and the charge or deposit required for each set and provision for recovery of charge or deposit when documents are returned. 9. Conditions of contract award and the eA%eFs Cit% of Jefferson right to accept the lowest responsible bid and to reject any or all bids. 10. Name of the consultant and the authorized representative for the e,Affi City of Jefferson and consultant. 11. Contract surety. The amount and type of performance and payment bond. C. Instructions to bidders: A document in which all bidders are fumished identical information on the features of the project along with instructions on the procedure to be followed in submitting bids. Items which may be included in the instructions to bidders are: I. Bidder's experience, work record and or prequalification data. 2. Procedure for completing and submitting the bid. 3. A list of the plans and specifications and an estimate of quantities for unit -price contracts or an exact description of the scope of the project if contract is to be lump -sum. 4. An estimate of the time it will take the bidder to complete the project. 5. Responsibility for accuracy of bidding information in reference to subsoil data, test borings, errors in plans and specifications, etc. 6. Information on formalities and informalities in accepting or rejecting bids. 7. Miscellaneous instructions as needed. D. Bid form: A document to ensure that all bids are prepared in a similar manner and to facilitate the analysis and comparison of bids and to detect informalities in the bids. It is a convenience to bidders and it encourages accuracy and fairness. Items which may be included in the bid form are: I. An offer from the bidder to perform the work as specified for a given price. 2. An agreement to complete the project in a given number of days after the notice to proceed has been given. 3. The amount of the bid bond, certified check or other form of guarantee that is to accompany the bid. 4. An agreement by the bidder to furnish the required contract surety if the contract is awarded. 5. Provision for the bidder to acknowledge receipt of all addenda to the plans and specifications. 6. The list of subcontractors to be employed for special work. 7. The experience record, financial statement and plant equipment questionnaire, when required. 8. Statement that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the ewwer City of Jefferson or consultant. bid pooling or straw bids. 9. Statement by the bidder that the site has been examined and the plans and specifications are understood by the bidder. 10. Appropriate signatures and witnesses as required. Pre-bid conference: Preparatory to putting the bid together, a pre-bid conference may be held for those bidders anticipating submitting a bid on said project. The pre-bid conference is to do the following: 1. Allow bidders, both contractors and subcontractors a chance to ask questions of those who prepared the plans and wrote the specifications. 2. Allow explanations and answers to questions to be given by those best qualified. 3. To allow scheduled pre-bid conference to be held midway between advertising for bids and the bid opening date. 4. To give additional opportunities so the site can be visited, if necessary. Addenda: During the bidding period. any and all additional instructions, clarifications, interpretation or modifications shall be made by an addendum prepared by the consultant or em%er City of Jefferson and signed by the consultant or and ewweFs ('itv of .Ivfferson'% representative. 1. The addendum shall be delivered, either by the ep City of Jefferson or the consultant, as agreed upon by the two. 2. A receipt shall be received for all hand delivered addendum by the deliverer. Addendum sent by mail shall be mailed by the fastest delivery method and shall be sent by registered mail with a signed receipt requested. 3. No one is authorized to make any clarifications, interpretations, or modifications or give any Bill 2014-9 Page 15 instructions to the bidders during the bidding period except as described in this section on ADE)Ri A addenda. G. Receiving and opening bids: Bids may be submitted at any time after the project has been officially advertised or invitations extended and prior to the hour designated for the opening of the bids. I. Bids submitted may be withdrawn or changed any time before the official opening. 2. No changes are permitted after bids have been opened. 3. Bids shall be submitted on the proposal/bid form with all accompanying papers placed in a sealed envelope addressed to the person authorized to receive same and endorsed with the bidders name and the title of the project. 4. All bids shall be opened and read aloud publicly at the proper time so that all bidders and others interested may be present as witnesses and or to tabulate amounts. H. Awarding the contract: After the bids have been opened any consultant and the T'q Cih of .Jefferson representative shall meet to determine if a bid is the lowest and best bid submitted by a responsible bidder has been received. The following shall be done: 1. A study of the qualifications of the bidders shall be made to determine if there are irresponsible and undesirable bidders and to eliminate same. 2. An analysis and comparison of bids shall be made to determine the lowest responsible bidder. 3. When a bidder has been determined to be the lowest and best bid submitted by a responsible bidder, the City shall proceed to obtain a contract with the lowest responsible bidder. 4. A formal notice of award shall be issued to the bidder notifying the bidder of his/her selection. The bidder shall be told of the time and place designated to sign the contract. 5. If the bidder determined to be the lowest and best bid submitted by the successful bidder is unable to execute a contract the City shall proceed to execute a contract with the next responsible bidder. If this bidder is unable to execute a contract, the City shall continue the process with all responsible bidders if necessary. 6. The City shall have the right to use any or all of the bid security of any or all bidders to execute a contract when the bidder is unable to execute a contract for a project bid. 7. After acceptance of the bid and the contract has been signed, a formal notice to proceed shall be forwarded to the contractor authorizing the contractor to begin work. (Ord. 13208, §2, 6-4-2001) 1. WHEN LOW BID EXCEEDS FUNDS: Occasionally after opening bids, the lowest and best bid submitted by a responsible bidder may exceed available funds. These are the possible alternatives when this happens: (Ord. 13208, §2, 6-4-200 1) I . Reduce the scope of the project to allow bids within the budget. 2. Secure additional funds. 3. Rejection of all bids. J. PRECONSTRUCTION CONFERENCE: Immediately after a construction contract has been fully executed and before construction begins, the Owner Cit% of .Jefferson, consultants and contractor shall meet to do the following: I. Meet with subcontractors and the superintendent for the project. 2. Get acquainted and discuss the several phases of the project so that when understood by all, the job will run smoothly. 3. To establish lines of communication and lines of authority to be followed during construction. 4. To discuss items of interest and concern to all. (Ord. 12316, 7/24/95; Ord. No. 14549, §1, 6-15-2009) (Replaces Chapter 2 and subsequently 26A- 395) Sec 26A-51. Bonds Required when. All construction contracts of Menti -fuse thousand ($25,00(1.00) or more shall require a performance and pasment Mind. Contracts less than hent% -five thousand dollars ($25.000.00) shall require a performance and pas ment bond at the discretion of the cit- counselor after consultation with the cit% administrator. Sees. 26A-52- 26A-54. Reserved. Di%isiun � 1 Bill 2014-9 Page 16 Sec. 26A38455. Surplus Property. A. Surplus and Disposable Property pursuant to this provision. B. Any property (other than motor vehicles) which has a reasonable fair market value of more than one tbousand dollars ($1 000 00) shall he disposed of lis a method approved by the City Council Such method shall be approved on the consent agenda. A, 1. We by cruet o �r 2. Sale by maled bid,, a --- ham die eiipeeied gale pnee eaFr ed on the item 018 Fepeefed to the e i), eoune 1 may he Eeuneil:-er 4m Sales based upon a negetiated agFeeenent mith a panseulaf N,endeF, pFewded Ilia! -,Ueh vefideF Mum _ a.:- an evemmannefD4ee! a ..sed :f the Pufeh....:_.- Agent yew: Ges ie the !`...._..:1 L • L_ diFeet aAieulaf instwee is in the Les• ... -- of •Le !`:.....-. �d eHi .-• f yL ift ... o r J• b are less desirable s_u _ _ ..L__,_ negetimed _gmements L L inelude of gey-veeq Any suety agFeement shall .e• ! L the pamm and ...•L.._•. of the th wel (_. Disposable property. \omithstanding the foregoing paragraphs the purchasing af.cw may designate hues of personal property as "disposable" which mac then be disposed without annual notice to the Cit_ Council. To be "disposable" the property must be declared as disposable by the purchasing agent, and d"pned to be thrown away after use and hese no monetary value after use. Examples may include but are not limited to paper, pencils, pens, plastic bags. and cardboard. D. (Replace (Ord. No. 11747, § 1, 64-92; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-384) Sec. 26A-385 4;6. _Surplus of real p Property. A. A Retiee shall be published in the Rem-spapef vAth the highest eifoulatie" in dhe e !y and Posted 8i City i lall 1nfe) R R*iM Bill 2014-9 Page 17 stench. --------------- lllM C. 4he Gilymay eleet to dispose of feel pfape" by seeking FeqUeStS feF pfoposo's "ere the bid priee may be (Ord. 14866, § 2, 10-17-2011) (Replaces Chapter 2 and subsequently 26A sections 377F) or--ased-. (Ord No. 11747, § 1, 64-92; Ord. No. 11936, § 2,7-19-93) (Ord No. 11747, § 1, 64-92; Ord No. 11936, § 2,7-19-93) (Replaces Chapter 2 and subsequently 26A sections 385, 386 & 388) (Previously codified in section 2-385) See. 16A 386- Minimum Bid Requirement and Rejeelion of Bids. Incorporated into 26A-56 The eity eouneil may establish a minimum bid Fe"iFement fiw my prep" and may Fejeo! any and all bids: Sec. 26A -UT 57. Sale of Park Commission Property. Should the Parks and Recreation Commission determine that property owned by the Parks Commission is surplus, the procedure outlined above for the disposal of surplus property shall be followed. The Commission may establish a minimum bid requirement for any parcel of property at the time it declares it surplus. 7 he Citi Council ma% approse an% such sale on the consent aLenda. (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-387) (moved from 26A-387) be milling to pay f the pfolig. The eit ..lrL .hall f F...._J the 1_ua _O:_,_.._ Shp Sky a ..:1 (Incorporated into 26.A-56) App. 26A son n..ti__....._. Moved to 26A-34 . the lane+, ng reesonc Bill 2014-9 Page 18 (Ord No. 11936, § 3, 7-19-93) (Previously codified in section 2-389) Bill 20149 Page 19 Division N'11. Specific Categories in Purchasing Sec, 26A 399 Oil. Sole source procurement. A. Competitive bids and ad.ertisine can be waived when there is only a single feasible source. A single feasible source is defined as listed below. Proprietary, only available from manufacturer or single distributor. Bidding history determines that the item is only available from manufacturer or a single distributor. AJ. B. 7 he cit% administrator shall hr charged milh determination as to sshether a sole source is applicable. (Previously codified in section 2-390) Sec. 26A -34t 61. Purchases of certain commodities esempE A. All purchases of the following commodities sholl m_N not be purchased pufsu mt according to the procedures in this section Seetion 26A 379. item, this -see! ion: I. Any chemical purchased by the Sweet rc, _ OF m,., - DI%MOH Of o.._k and PkeffeOOOH Department in bulk. 2. Fuel. B. Purchases of items authorized by this section shall be made as follows: I. The purchasing agent shall maintain a list of approved vendors of each authorized item. The criteria for approval shall be designated by each affected department director. Vendors may be added to the list by the department director or at the request of the vendor. The person requesting a vendor's name to be added to the list shall provide the information necessary to show compliance with the criteria set forth. 2. The purchasing agent, at the request of the department director, is hereby authorized to purchase such quantities of the material as are requested, from the approved vendor then offering the lowest price, without further authorization as long as said purchase is nithin the hudgeaar% control of said department. appfeprisied, (Previously codified in section 2-391) Sec. 26A392 .. Purchases from federal surplus property. All purchases from federal surplus property or from (Surplus Property. State of Missouri4 are exempt from purchasing limits. as long as said purchase is within the bud2etan control of said department `m 16 .-A ='n lefnq (a). (b). (a) (Previously codified in section 2-392) Moved from 26A-392 Sec. 26A-39363. Catperatises General Services Administration (G S A) contracts. All purchases from General Services Administration (G S A) contracts are exempt from Ca '� M �" 179 Bill 2014-9 Page 20 Rpurchasing limits as Ione as said purchase is within the budgetary control of said department. (Previously codified in section 2-393) Slo%ed from 26A-393 Sec. 26A -M 64. Emergency purchases. A. When a disaster has not been declared by the Mayor, notwithstanding any other provisions of this division, the city administrator or designee may make or authorize others to make emergency procurement of supplies, services, or construction items when there exists a threat to public health, welfare, or safety, provided that such emergency procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in a record of each emergency procurement which shall be made and shall set forth the contractor's name, the amount and type of the contract, a listing of the item(s) procured under the contract, and the identification number of the contract file. A copy of the record shall be given within five days of the purchase to the city administrator and purchasing division. If a disaster has been declared. or if a disaster is later declared the provisions of Chapter 11, Emergency Preparedness and Emergencies. shall be followed. efpre%tig OHS, the Depanffiffll are required for sueh reimbwsemeat. In auk such instance schen ennvgencv proccdurc% arc implemented, the Department director shall maintain all records related to an incident. R. An emergency exists as defined below. An emergency exists when a breakdown in machinery and/or a threatened termination of essential services, including but not limited to maintenance and repair of essential office equipment, or a dangerous condition develops, or when supplies are needed for immediate use in work which may vitally affect safety, health or welfare of the public. (Code 1977, § 16-29(a); Code 1983, § 2-403; Ord. No. 11936, § 2, 7-19-93; Ord. No. 14051, §2, 6-5-2006) (Previously codified in section 2-380) Moved from 26A-380 Sec. 26A -M65. Cooperative purchasing. A. the State 4 bed es. The In lieu nt the purch3mn_' rcquirement� %et out in this chapter, the ( it% ( ouncil maN authori[e par licipalian in am nrtdti-gmernment cooperative or far -profit couperati%v bs ordinance. B. In addition to other ¢roup+ authorized bs ordinance the Council specifica0v authorizes participation in c(H(perari%e purchatiin_, %%ith State of Missouri, the County of Cole, and the Housing Authority. In lieu of the purchasing requirements set out in this chapter, the purchasing agent shall be authorized to approve purchases based upon a bid received by another government entity within this State, provided that all of the following requirements are met: 1. The other entity must have competitively bid the purchase using procedures which are substantially similar to the procedures which would have been required had the City of Jefferson bid the purchase itself as determined by the purchasing agent; and, 2. The purchasing agent receives verification, acceptable to the purchasing agent, that the other governmental entity's procedures were actually followed; and The successful bidder to the other governmental entity must state in writing, in a form acceptable Bill 2014-9 Page 21 to the purchasing agent, that the City of Jefferson is authorized to make the same purchase at the same price. (Previously codified in section 2-382) Moved from 26A-382 See. 26A 393. ce_..__! c.._.:_.._ %dmia:...__ ien `r- c eenlFwts, Moved to 2"-63 eeFing sad Lead Surveying Fir-nas. I. pdated S moved into 26A41 fiFms shall be FeIeFFed to as "fiFms". A. GO i n A C TCOiD FEES fees. B ni u r IRIG A TIONS OF FIM45 Bill 2014-9 Page 22 Bill 20149 Page 23 Bill 2014-9 Page 24 Bill 2014-9 Page 25 j. PRECO STnrirrrON COnWERENGE. l__ d:_ i after a eenstFuetign eenWast—Inas been I feNewing 1. A4eet with subeenwe tens and the sape:aIendent fOF t'he 2. Get aequaimed and- Fl-spuss -he several phases Bf !he PFOjeet so that when undeFstead by all, the job VAR FM gmeeth 4. Todiseuss ternsefinterest nd-PE pe ntoRII- (Ord. 12316, 7/24/95; Ord. No. 14549, §l, 615-2009) (Previously codified in section 2-395) Bill 2014-9 Page 26 Secs. 26A-66 — 26A-69. Reserved. See. 26A496 70-. Purchase of City Property by City Employees. City employees shall not be allowed to purchase surplus city property unless such property is sold to the highest bidder or, if offered at a pre -determined price then only after the item has been offered to the general public for no less than six days. (Previously codified in section 2-406) Sec. 26A40-7 71. Automotive purchase and replacement advisory group. The city administrator may create an Automotive Purchase and Replacement Advisory Group composed of staff members representing the various departments which have vehicles assigned to them, for the purpose of making recommendations to the city administrator as to the vehicles which should be purchased, replaced or sold. The Purchasing Officer shall be the non-voting chairman of such a committee. (Ord. No. 14549, §2, 615-2009) (Previously codified in section 2-407) (Ord. No. 13829, § 1, 1-18-2005; Ord No. 13860, §§ 1. 2, 3, 4-4-2005; Ord. No. 14549, § 1, 615-2009) Section 2. Chapter 2 (Administration), Article IV (Division 1. City Administrator), Section 307 (Powers) is hereby amended as follows: Sec. 2-307. Powers. A. The city administrator shall have the power to prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of departments subject to his authority, and he shall have the power to revoke, suspend, or amend any rule or regulation of the administrative service except those prescribed by the City Council. B. The city administrator shall have the power to coordinate the work of all the departments of the City, and shall have the authority to assign employees of the City to any department for the most efficient discharge of the functions of city government, subject to the provisions of section 6.2 (parks and recreation commission) and section 6.3 (police department) of the city charter. C. The city administrator shall have the power to overrule any action taken by a department director, and may supersede him in the functions of his office, except the parks and recreation department. Bill 2014-9 Page 27 D. The city administrator shall have the power to appoint and remove all subordinate employees of the City, subject to the provisions of sections 62 (parks and recreation commission) and 6.3 (police department) of the city charter. E. At no time shall the duties or powers of the city administrator supersede an action by the mayor and/or city council. (Ord. No. 14051, §1, 6-5-2006) I he purchasina authority of the cit administrator .hall be as prmided in Chapter 261 of the Code amount !a be expended undeF tlie eentme! PFeNtided the following LF seng R -Fe Met' administeFing the een"et amd the fineneial amount involved does not eneeed ien peFeent (10%) in tow! of the original eaniFae! amount with any pFe%ieusly appice%ed eh&Rge eFdeFs eH that e8iRtFact, e,F ien thousand dellam 4 1 0.000), wh ehever is gFewer. Fair the pwTeses of this seet an. the tensa The report shall inelude the Foason for the ehange ofdeF, ntet: State law reference - Similar provisions, RSMo. §§ 77.046,77.W. Charter reference - 5.2, 6.1, 6.2, 6.3 Section 3. Sec. 2-28 is amended by the addition of a new subparagraph (3), to read as follows: Sec. 2-28. Grants. A. Application. Prior to application for any grant- the Council shall approve by Resolution any grant application filed on behalf of the City. 13. Acceptance, Bill 2014-9 Page 28 Upon award of the grant to the City, the city administrator shall submit to the City Council for approval on the Consent Agenda a copy of the document awarding the grant and a memo which includes at least the following information: a. The name of the grantor: b. The amount of the grant: C. The purpose of the grant: d. Any matching requirements or future obligations tied to acceptance of the grant: C. CFDA4: f Grant Award P (if am ): g. Revenue and Expense account to be amended. 2. Upon Approval of the Consent Agenda, the cit administrator may, on behalf of the city execute any documents necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend the budget to reflect equivalent expenses so as to accomplish the purpose of such funds. 3. Grants under Fixe Thousand Dollars ($5,000.00). a. In order to apph for a Brant of less than fixe thousand dollars ($5,000.00) the cit% administration must determine that the salue to the Cit% exceeds the expense incurred by the Citv for administration of the grant. b. If a grant, gift, or donation of fixe thousand dollars ($5,000.00) or less is given to the City without application, the cih administrator, or his/her designee, may on behalf of the Citv, accept such grant, gift, or donation, and shall amend the budget to reflect the acceptance of such re%enue, and shall mac amend the budget to reflect an% eaui%alent expenses so as to accomplish the purpose of such funds. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Presiding Officer ATTEST: Approved: lc[ Mayor APPROVED AS TO FOR CiK Counselor Bill 201 4-9 Page 29 Editor's Note: Added text shown thus, deleted text shown thus.