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HomeMy Public PortalAbout20140507 Admin Committee Packet NOTICE OF MEETING & TENTATIVE AGENDA Council Committee on Administration Wednesday, May 7th , 2014 – 8:00 a.m. Small Conference Room (Lower Level City Hall) – 320 E McCarty St Tentative Agenda 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Meeting Schedule 5. Appointment Review (Strope) 6. Purchasing Rules review 7. Public Comments 8. New Business 9. Adjournment NOTES Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Minutes of Meeting Jefferson City Council Committee on Administration Wednesday, April 2, 2014 City Hall -320 E. McCarty Street Large Conference Room ATTENDEES- Committee members present - Carrie Tergin, Jim Branch, Rick Mihalevich, Ken Hussey Committee members absent – Larry Henry Staff: - Drew Hilpert, Janice McMillan, Gail Strope, Meeting came to order at 8:03 a.m, the minutes were approved with a motion by Mihalevich and seconded by Branch. Motion passed 4-0. ORDINANCE TO ABOLISH THE JCTV STEERING COMMITTEE: Presented by Hilpert. Hilpert introduced an ordinance to delete the JCTV Steering Committee pursuant to the new JCTV agreement with Lincoln. The bill was discussed. At the conclusion of the discussion Hussey made a motion to send the ordinance to the Council, which was seconded by Branch. The motion passed 4-0. APPOINTMENTS REVIEW: Presented by Gail Strope. The committee reviewed the recommendations by Mayor Struemph. A motion was made by Hussey to approve the following persons for recommendation to the full Council and was seconded by Branch, passed unanimously. Committee Recommended appointment New term Term Full/Partial Airport Advisory Jeff Naught Mar 2018 FULL Cultural Arts Lucia Erickson-Kincheloe Mar 2017 FULL Cultural Arts LuAnn Madsen Mar 2017 FULL Cultural Arts Susannah Sodergren Mar 2017 FULL Library Board Donna White Mar 2017 FULL Planning & Zoning Chris Jordan May 2017 FULL Storm Water Quality Carol Davit April 2017 FULL Storm Water Quality Ross Kasmann April 2017 FULL Storm Water Quality Jim Penfold April 2017 FULL Storm Water Quality Richard Graessle April 2017 FULL TIF Commission Tom Reichard April 2018 FULL TIF Commission Darryl Winegar April 2018 FULL PUBLIC COMMENTS: None. NEW BUSINESS: The next meeting was scheduled for May 7th. Meeting adjourned at 8:35 a.m. Administration Committee 2014-2015 Meeting Calendar All meeting to begin at 8:00 a.m. Located in the Large Conference Room unless otherwise noted. Wednesday, June 4, 2014 Wednesday, July 2, 2014 Wednesday, August 6, 2014 Wednesday, September 3, 2014 Wednesday, October 1, 2014 Wednesday, November 5, 2014 Wednesday, December 3, 2014 Wednesday, January 7, 2015 Wednesday, February 4, 2015 Wednesday, April 4, 2015 BILL NO. 2014-9 SPONSORED BY COUNCILMAN 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. PURCHASING DIVISION I. GENERALLY Sec. 26A-1. 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 taxpayers. These goals are declared to be in the best interest of the taxpayers: 1. Satisfy Requirements. To comply with federal and state law and conditions of any grant or purchase when necessary but not burden other procedures when the same are not applicable. 2. Accountability. To provide accountability to the public, City Council, and staff management, which provides transparency and prevents extravagance, fraud, and corruption. 3. Value. To maximize to the fullest extent the purchasing power of the City, to achieve the best value possible with taxpayer money, and prevent expense in processes. 4. Efficiency. To ensure that taxpayer money is used to maximum benefit by providing timely purchasing, clear and consistent regulations, and policies that allow city staff to maximize the productive use of their time. Sec. 26A-347. Fiscal year. The fiscal year of the city shall commence on the first day of November in each year and terminate on the thirty-first day of October of the following year, and the books, accounts and reports of the officers of the city shall be made to conform thereto. (Code 1977, § 16-1; Code 1983, § 2-352) (Previously codified in section 2-347) Sec. 26A-348. Annual audit. An audit of the financial affairs and records of the city shall be made by a certified public accountant annually, and the audit shall be commenced within thirty (30) days after the close of business for the preceding fiscal year. (Code 1977, § 16-6; Code 1983, § 2-353) (Previously codified in section 2-348) Bill 2014-9 Page 1 Secs. 26A-349 – 26A-352. Reserved Sec. 26A-353. Enforcement of licensing and similar ordinances. A. It shall be the duty of the finance department to enforce all provisions of ordinances of the city regulating: 1. The licensing of trades, businesses, vocations and occupations within the city. 2. The licensing of peddlers, transient merchants, solicitors and canvassers within the city. 3. The licensing of the manufacture, distribution or sale of intoxicating liquor and nonintoxicating beer within the city. B. In the performance of such duties, the authorized agents of the finance department shall have the power: 1. To enter any business establishment in the city to determine if the provisions of all ordinances of the city pertaining to the issuance of licenses are being observed. 2. To demand presentation to him and inspect every license required by ordinances of the city to be issued. (Code 1977, §§ 22-1, 22-2; Code 1983, § 2-354) (Previously codified in section 2-353) Cross references - Alcoholic beverages, Ch. 4; licenses, taxes and miscellaneous business regulations, Ch. 17; peddlers, solicitors, itinerant merchants, etc. Ch.24. Section 26A-354. Reserved. Sec. 26A-355. Appropriations. The City through its annual budgeting process shall adopt appropriations or shall set out authorized appropriations by category. Appropriations shall be divided into two classifications to be known as “annual appropriations” and “continuing appropriations.” The characteristics and practice with regard to each of these categories of appropriations shall be as set out in the subsections below. A. Annual appropriations: All appropriations shall be considered an annual appropriation unless specifically designated either by category or by indication within the budget document as a continuing appropriation. Unencumbered annual appropriations shall lapse at the close of each fiscal year. Annual appropriations shall not be subjected to reappropriation. B. Continuing appropriations: All appropriations for capital improvement projects and for grant funds including any matching funds required by the grant shall be considered continuing appropriations. Any sums appropriated through and designated as continuing appropriations shall continue for the life of the project or grant regardless of fiscal years. Continuing appropriations shall not be subject to changes or transfers between projects or grants without council approval. Any funds remaining unexpended at the completion of the project or grant would automatically be added into the fund in which they had been appropriated. C. Reporting requirement: City staff shall prepare and forward to the Council at least semi-annually a report of the status of all projects and grants which have been designated as continuing appropriations. The reports shall include as a minimum the original date of the appropriation, funds expended and project completion status. It should also show anticipated conclusion of each project or grant. D. Parks and Recreation Commission Budget: The parks commission shall prepare an annual budget to be submitted to the mayor as part of his annual budget. Such budget shall not take effect until approved by the Council. Such funds may be only drawn upon by the director of finance upon the properly authorization of Bill 2014-9 Page 2 the parks and recreation commission. (Ord. 13828, §1, 1-18-2005) (Ord. No. 12562, § 1, 12-16-96) (Previously codified in section 2-355) Secs. 26A-356 – 26A-373. Reserved. Sec. 26A-374 26A-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 expending money from the Parks Fund or money budgeted for parks purposes based on the nature of the project or contract. City Administrator: Shall mean the City administrator and/or designee or the Parks and Recreation Commission when expending money from the Parks Fund or money budgeted for parks purposes based on the nature of the project or contract. 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 a city department who has been assigned to administer a contract or project by the city administrator. 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. Equipment: 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) ($5,000.00). 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 2014-9 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. Any 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. B. No such condition identified in Section A above shall be imposed as a purchasing requirement unless expressly required by Federal or State law or by condition of a grant approved by the City Council. [Purpose: not burden other purchases with unnecessary red tape[ Sec. 26A-375. Purchasing agent; office established. Moved to Division III, Sec. 26A-30 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. 26A-376. Establish and maintain specifications. Moved to 26A-31 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, § 1, 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) Sec. 26A-377. Standards and procedure. Moved to 26A-33 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 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 no monetary value to the City, may be disposed of by the purchasing agent at an approved landfill or disposal site. The purchasing agent shall determine, based on recommendations from the staff, what property has no monetary value. The purchasing agent shall file a report with the council annually setting forth what property was determined to be of no value and how such property was disposed. 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 Bill 2014-9 Page 4 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. E. The purchasing agent shall maintain supervisory control over all purchases and shall determine whether any claims for shortages, breakages or other claims exist, in which case he shall pursue all such claims against the shipper or carrier or supplier for any shortage, breakage or other damage existing. F. Notwithstanding the foregoing paragraphs the purchasing agent may designate types of personal property as “disposable” which may then be deposited into the land fill by departments without notice to the purchasing agent and without annual notice to the Council. To be “disposable” the property must be declared as disposable by the purchasing agent, and designed to be thrown away after use and have no monetary value after use. Examples may include but are not limited to paper, pencils, pens, plastic bags, and cardboard. (Ord. 14866, § 2, 10-17-2011) (Code 1977, § 16-22; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-377) Sec. 2-378 26A-4 Promulgation of rules. The purchasing agent shall recommend to the finance director, for his/her review and recommendations to the city administrator, may 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 with the City Code or City Charter. (Code 1977, § 16-23; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-378) Sec. 26A-379. Purchasing limits. Replaced with a new 26A-40 General provision for purchases of goods & services. A. The purchasing agent shall adopt operational procedures for making small purchases of three thousand dollars ($3,000.00) or less. Such operating procedures shall allow purchasing without competitive bids but shall be at the discretion of the department heads and the purchasing division. Purchases must be requisitioned through the normal purchasing procedure. B. The purchasing agent shall request quotations or telephone bids from at least three (3) businesses or vendors on all requisitions of items of a value of more than three thousand dollars ($3,000.00) and not more than twenty-five thousand dollars ($25,000.00). The names of the businesses submitting quotations, the date and the amount of each quotation shall be recorded and maintained. The lowest and best bid shall be selected by the purchasing agent upon consultation with the appropriate department director. C. The purchasing agent shall advertise for sealed bids on any requisition involving more than twenty-five thousand dollars allowing a minimum of fourteen (14) days before bids are received and opened. The lowest and best bid submitted by a responsible bidder meeting specifications will be recommended to the City Council for an award. (Code 1977, § 16-25; Ord. No. 9655, § 2, 8-17-81; Ord. No. 10044, § 1(16-25(c)-(d)), 9-6-83; Ord. No. 11936, § 2, 7-19-93; Ord. 13209, §1, 6-4-2001) (Previously codified in section 2-379) Sec. 26A-380. Emergency purchases. Moved to Sec. 26A-64 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, Bill 2014-9 Page 5 Emergency Preparedness and Emergencies, shall be followed. In any case where a purchase under this section might be reimbursable under Federal or State Disaster Relief provisions, the Department Director shall maintain such records as are required for such reimbursement. 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) Sec. 26A-381. Small sum purchases. Moved to 26A-43 Any employee of the city making a purchase involving an immediate cash expenditure of fifty dollars ($50.00) or less shall be reimbursed by the city upon submission of a sales ticket for the purchase. (Code 1977, § 16-29(b); Code 1983, § 2-404; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-381) Sec. 26A-382. Cooperative purchasing. Moved to 26A-65 A. The City of Jefferson desires to participate in the cooperative procurement program with the State of Missouri, the County of Cole, the Housing Authority and any other interested governmental bodies. The purchasing agent shall be the designated city representative for the administration of the cooperative procurement program. (Resolution passed 8-20-79) B. 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 3. The successful bidder to the other governmental entity must state in writing, in a form acceptable 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) Sec. 26A-383 26A-5 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 ($25,000.00). 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 executive head of the public agency certifies in writing that: 1. The specified products are not manufactured or produced in the United States in sufficient quantities to meet the agency's requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the agency's 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; B. Every commission, board, committee, officer or other body of the City shall purchase and use only those materials, products, supplies, provisions and other needed articles produced, manufactured, compounded, made or grown within the state of Missouri, when they are found in marketable quantities in the state and are of a quality suited to the purpose intended and can be secured without additional cost over foreign products or products of other states; provided, however, that quality and fitness of articles shall be considered in purchasing or letting contracts for articles herein mentioned (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) Sec 26A-383.1 26A-6. Preference to Missouri products and firms. 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. Provision B Paragraph 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. Prevailing Wage. The City shall comply with all state and/or federal requirements for prevailing wage. Sec. 26A-8. Council Preference Substitution. A. For any award or selection required by the City Council, the City Council may substitute its judgment for that of staff’s judgment and make any selection it feels is in the best interest of the City. B. If a contract is brought before the City Council as a result of a competitive bidding process, and the City Council substitutes the name of the party recommended for award of the contract with another party who also submitted a bid the price of the bid of the substituted party shall be deemed to also be approved, unless specifically stated to the contrary in a motion. Sec. 26A-9. Signatures on Financial Accounts. A. The Mayor, city administrator, and finance director shall be designated as signatories for city financial accounts. B. The city administrator is authorized to execute documents to change the signatories as persons holding the positions identified above change. C. The city administrator may appoint other Department directors as signatories if necessary during times of vacancy in office of the Finance director. Bill 2014-9 Page 7 Sec. 26A-10 through 26A—19 reserved. Division II. City Administrator Purchasing Authority Sec. 26A-20. City administrator power to execute contracts. Notwithstanding the provisions of section 2-378 regarding the promulgation of purchasing rules, 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 twenty five thousand dollars ($25,000.00) no greater than twenty-four thousand, nine hundred ninety-nine dollars and ninety-nine cents ($24,999.99), unless specifically authorized by the City Council; or 2. The contract has a combined total value of no greater than fifty thousand ($50,000.00), the city administrator may place the same on the consent agenda for approval by the Council in one meeting. Such contract shall be considered rejected if any two councilpersons vote to reject the same. B. The city administrator shall not have the power to sign any contract pertaining to the purchase or sale of real estate, unless specifically authorized by the City Council, except that such prohibition shall not apply to : 1. Leases which are no more than twenty five thousand dollars ($25,000) in total value including all renewals; or 2. The accepting or granting of easements across city property. (Replaces former Sec. 2-290g) Sec. 26A-21. City administrator power to execute change orders. The city administrator is hereby authorized to execute change 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 twenty-five thousand dollars ($25,000.00) ten thousand dollars ($10,000), whichever is greater. For the purposes of this section, the term “original” 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 work project. C. All change orders approved shall be reported to the City Council within two weeks of execution. The Bill 2014-9 Page 8 report shall include the reason for the change order. (Previously codified as Chapter 2 –307F) Sec. 26A-22 through 26A—29 reserved. Division III. Office of the Purchasing Agent Sec. 26A-375 26A-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. 26A-376 26A-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, § 1, 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) Sec. 26A-377 33. 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 with an estimated value in excess of one thousand dollars ($1,000.00) 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 no monetary value to the City with an estimated value of less than one thousand dollars ($1,000.00), may be lawfully disposed of by the purchasing agent at an approved landfill or disposal site. The purchasing agent shall determine, based on recommendations from the staff, what property has no monetary value. The purchasing agent shall file a report with the council annually setting forth what property was determined to be of no value and how such property was disposed. 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. E. The purchasing agent shall maintain supervisory control over all purchases and shall determine whether any claims for shortages, breakages or other claims exist, in which case he shall pursue all such claims against the shipper or carrier or supplier for any shortage, breakage or other damage existing. Bill 2014-9 Page 9 F. Notwithstanding the foregoing paragraphs the purchasing agent may designate types of personal property as “disposable” which may then be deposited into the land fill by departments without notice to the purchasing agent and without annual notice to the Council. To be “disposable” the property must be declared as disposable by the purchasing agent, and designed to be thrown away after use and have no monetary value after use. Examples may include but are not limited to paper, pencils, pens, plastic bags, and cardboard. (Ord. 14866, § 2, 10-17-2011) (Code 1977, § 16-22; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-377) Sec. 26A-389 34. Debarment. A. The purchasing agent is authorized to debar a person from consideration for award of contracts for any of the following reasons: 1. 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 under 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 a 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 thirty (30) fifteen (15) 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 finance 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 director's 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. The debarment shall not be stayed unless by order of the circuit court. 7. Cost of Proceedings. The cost of debarment proceedings shall be taxed against the losing party. 8. If there are grounds for debarment pending against a bidder, all other bids submitted by the party against which the debarment is pending may be rejected until the department debarment matter is resolved. Nothing in this section shall limit the authority of the purchasing division to accept the bid which in his judgment is the lowest and best bid, or to reject any or all bids or to reject a bid on grounds which could have been used to debar the bidder. (Ord. No. 11936, § 3, 7-19-93) (Previously codified in section 26A-389) Sec. 26A-35 through 26A-39 reserved. DIVISION IV. Purchase of Goods and Services Sec. 26A-40 General Provision for purchases of Goods and Services. Unless otherwise stated, the purchase of goods and services shall be accomplished utilizing the following methods: A. Category 1: 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 ($5,000.00) may be purchased without 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 ($5,000,00) to less than twenty five thousand dollars ($25,000.00). The purchases of goods or services which have a value of from five thousand dollars ($5,000.00) to less than twenty five thousand dollars ($25,000.00) shall require obtaining three (3) bids or quotes for the cost of the good or service requested. 1. Such bid/quote shall be in writing (with electronic bids or quotes being acceptable), except that purchases made in connection with an emergency declared pursuant to the terms of the City Code, may be oral. 2. A bid for a good may include the sales price of a seller of an online dealer of such goods. 3. The name of the business submitting bids or quotations, the names and contract information of the persons designated for communication by the business, the date and the amount of each quotation shall be recorded and maintained. 4. A bid/quote must be received from at least (3) businesses or vendors or an explanation as to why three bids could not be reasonably obtained which is accepted by the city administrator. The lowest and best bid shall be selected by the department director. Bill 2014-9 Page 11 C. Category 3: Purchases of goods or services valued at twenty-five thousand dollars ($25,000.00) or greater. Purchases of goods or services expected to be twenty-five thousand dollars ($25,000.00) or greater shall be accomplished by sealed bid. The purchasing agent shall advertise for sealed bids on any requisition involving more than twenty-five thousand dollars ($25,000.00) allowing a minimum of fourteen (14) days before proposals are received and the bids opened. The lowest and best bid submitted by a responsible bidder meeting specifications will be recommended to the City Council for an award. D. Maintenance Contracts. Contracts awarded for maintenance services (including but not limited to electricians and plumbers) based upon an hourly fee shall include provisions to allow for other similar work which may be determined to be beyond maintenance at the discretion of the city administrator so long as there are sufficient budgetary funds. E. Request for Bid (RFB) also known as Invitation for Bid (IFB). The City shall utilize a Request 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 provide for very limited flexibility on the part of the bidder. If bids are to be evaluated based on subjective criteria in conjunction with price, the subjective criteria and relative weights must be stipulated in the specifications. The award is to the lowest and best responsible bid meeting the specifications as originally stated. Bids do not allow for negotiation. F. Request for Proposal (RFP) – The Request for Proposal is a method of soliciting information and pricing from a supplier of goods or services. The Request for Proposal procedure may only be if the city administrator determines that staff cannot reasonably determine detailed and specific specifications for the good or service. An RFP is issued so that potential proposers can offer suggested processes or services, or alternate proposals to be considered by the City. When using a RFP the City must establish selection criteria and establish points for each criteria. Such point system shall be provided to the proposer as a part of the RFP. Proposals allow for negotiation and may include best and final offers. Proposals and related documents shall be held confidential until the earlier of the making of a recommendation to the City Council or the acceptance or rejection of all proposals. (Replaces Chapter 2 and subsequently 26A -379) Sec. 26A-41. Architectural, Engineering and Land Surveying Services Selection. A. General Provisions. 1. The following procedure describes policies and procedures to be used by City of Jefferson in selecting architectural, engineering and land surveying services referred to as "AELS firms". 2. The process for selection of AELS shall be called “Request for Qualifications”. 3. The following provisions for purchase of AELS are governed by the Federal “Brooks Act” (40U.S.C. 1101 et seq) and the State or “Mini Brooks Act” (RSMo 8 Sections 285-291). 4. Selection Committee. For purposes of this section, Selection Committee shall mean a committee appointed by the city administrator which shall be composed of the department director who shall be in charge of the project requiring an AELS Firm and others as appointed. B. Policy. It shall be the policy of City of Jefferson to negotiate contracts with AELS firms for services on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable fees. C. AELS Firm List And Evaluation. Bill 2014-9 Page 12 1. The purchasing agent shall compile and maintain a file of AELS firms that are potential consultants for doing projects for City of Jefferson. 2. Each AELS firm shall be evaluated within thirty (30) days after completing a contract with the City. The evaluation shall be forward to the purchasing agent for use in future project selections. D. Request for Qualifications. 1. When a project is proposed, the principal department proposing the project shall prepare a description of the project, including the Scope of Work, the identification of applicable plans, a timetable and a project budget. This information shall be compiled into a “Request for Qualifications” for the project. 2. The Department director principally in charge of the project shall select AELS firms to be sent a “Request for Qualifications” for the project from the purchasing agent’s list and other sources deemed appropriate. Selection of these AELS firms shall be based upon preliminary review comparing the nature of the job with the experience of the AELS firms and other significant factors. 3. The Request for qualification shall set out all criteria for which the firms will be evaluated. 4. Interested AELS firms shall submit responses to the Request for Qualifications for review by the selection committee. 5. The selection committee shall evaluate the responses and if deemed necessary, some or all the submitting AELS firms may be interviewed. 6. Upon a finding by the city administrator that the AELS list of firms currently on file with the Purchasing Agent contains firms which, based upon city staff’s previous experience, meets or exceeds the qualifications for a project, the principal department may choose to select qualified firms from the purchasing agent’s list with no additional submission from the AELS firms required. E. AELS Firm Selection The selection committee shall rank the AELS firms based on the following criteria: 1. The specialized experience and technical competence of the firm with respect to the type of services required; 2. The capacity and capability of the firm to perform the work in question, including specialized services, within 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 work, and ability to meet schedules; 4. The firm's proximity to and familiarity with the area in which the project is located. 5. Any other criteria deemed appropriate for the services sought which may be lawfully considered. F. Negotiation For Contract 1. The selection committee shall select up to three AELS firms that are highly qualified to fulfill the proposed assignment in the best interest of the City. The AELS firms shall be placed in ranked order. 2. The AELS firm ranked first shall be asked to prepare a fee proposal based on the written description of the scope services and negotiations shall proceed. 3. If the committee is unable to negotiate a satisfactory contract with the highest ranked firm selected, negotiations with that firm shall be terminated. The committee shall then undertake negotiations with the second highest ranked AELS firm. If there is a failing of accord with the second firm, negotiations with 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 prove unsatisfactory, the project shall be restudied and the City’s expectations shall be reexamined before beginning the process again. If the process begins again, the selection committee shall compile a list of qualified AELS firms and proceed in the same manner. G. Appeal. There shall be no right to appeal such award but all qualifications on file with the City shall be a public record. (Replaces Chapter 2 and subsequently 26A- 394) Sec. 26A-42. Policies and Procedures for selecting Professional Economic Development contracts and Promotion and Development of Tourism. A. The ability to contract for economic development, promotion and development of tourism, or any other service identified by the Council by resolution shall be held exclusively by the City Council. B. The selection of any provider under section shall be 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 City Council at the time of selection. C. Any requirements for selection shall be adopted ad hoc by the City Council by resolution. Sec. 26A-381 43. Small sum purchases. Any employee of the City making a an authorized purchase involving an immediate cash expenditure of fifty dollars ($50.00) one hundred dollars ($100.00) or less shall be reimbursed by the City upon submission of a sales ticket for the purchase. (Code 1977, § 16-29(b); Code 1983, § 2-404; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-381) Sec. 26A-44 through 26A-49 reserved. Division V Construction Contracts Sec. 26A-50. Bidding procedure for construction projects over twenty-five thousand dollars ($25,000.00). The following describes procedures to be followed by the City in selecting construction contractors for projects in excess of twenty-five thousand dollars ($25,000.00). 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: 1. A brief description of the project and its location. 2. Name and address of the owner City of Jefferson. 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 owner’s City 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 owner 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 furnished 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: 1. 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: 1. 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 owner 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. E. 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. F. 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 owner City of Jefferson and signed by the consultant or and owner’s City of Jefferson’s representative. 1. The addendum shall be delivered, either by the owner 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 ADDENDA 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. 1. 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 bidder's 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 owner’s City 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) I. 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, 6-4-2001) 1. 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 City of Jefferson, consultants and contractor shall meet to do the following: 1. 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 twenty-five thousand ($25,000.00) or more shall require a performance and payment bond. Contracts less than twenty-five thousand dollars ($25,000.00) shall require a performance and payment bond at the discretion of the city counselor after consultation with the city administrator. Secs. 26A-52- 26A-54. Reserved. Division VI Bill 2014-9 Page 16 Surplus and Disposable Property Sec. 26A-384 55 . Surplus Property. A. The city administrator may declare any property which has a reasonable fair market value of less than one thousand dollars ($1,000.00) and which is no longer beneficial to needs to the City to be declared surplus and dispose in a manner most financially beneficial to the City or donate to a not- for-profit organization or another political subdivision. On a yearly basis, or as needed, the purchasing agent shall submit a report to the City Council identifying all property declared surplus pursuant to this provision. B. Any property (other than motor vehicles) which has a reasonable fair market value of more than one thousand dollars ($1,000.00) shall be disposed of by a method approved by the City Council. Such method shall be approved on the consent agenda. A. On a yearly basis, or as needed, all departments shall submit to the purchasing agent reports showing any personal property to be declared surplus. The report shall include any surveys, drawings, appraisals or other information that may be pertinent to the sale or disposal of the property. The purchasing agent shall submit a report to the city council informing them of the content of the departmental reports. B. Personal property declared to be surplus may be disposed of in the following manner: 1. Sale by auction, or 2. Sale by sealed bid, or 3. Solicitation of offers to purchase the asset. Such solicitations shall be upon the condition that no offer less than the expected sale price carried on the item as reported to the city council may be accepted, unless a lower price is approved by the City Administrator with notice to the City Council, or 4. Sales based upon a negotiated agreement with a particular vendor, provided that such vendor must be selected according to an established written procedure which provides a mechanism for all interested parties to make proposals in a fair an even manner. Direct negotiations as provided in this sub-section may only be used if the Purchasing Agent certifies to the Council that the use of direct negotiations in a particular instance is in the best interests of the City, and setting forth in particular why such means are in the best interests of the City, and why the other available means are less desirable. This subsection shall also authorize negotiated agreements which include a repurchase agreement, or 5. Sales by a third party selected according to the City’s standard procedures for selecting providers of services. Any such agreement shall set forth the parameters and authority of the third party provider. C. Disposable property. Notwithstanding the foregoing paragraphs the purchasing agent may designate types of personal property as “disposable” which may then be disposed without annual notice to the City Council. To be “disposable” the property must be declared as disposable by the purchasing agent, and designed to be thrown away after use and have no monetary value after use. Examples may include but are not limited to paper, pencils, pens, plastic bags, and cardboard. D. 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. (Replaces 26A-377F) & 26A-384) (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-384) Sec. 26A-385 56. Announcement and Method of Sale of s Surplus of real p Property. A. A notice shall be published in the newspaper with the highest circulation in the city and posted at City Hall not less than thirty (30) days before bid opening, announcing the city's intent to sell real property. The purchasing agent shall offer for public inspection the file of all nonconfidential documents for public information. Bill 2014-9 Page 17 Declaration of Real Estate Surplus. The City Council may declare any real property owned by the City to be declared surplus and no longer needed. Such declaration shall be made on the consent agenda. B. During the thirty day period, sealed bids may be filed with the purchasing agent. In determining which bid to accept, the council may consider the competitive nature of the bid as well as the location of the property and whether the bidder owns property adjacent to or close by the property which is the subject of the sale. (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93) Disposition of Surplused Real Estate. Once the real property is declared surplus the method of disposition shall be approved by the City Council, which may be by any means deemed most beneficial by the City Council. C. The City may elect to dispose of real property by seeking requests for proposals where the bid price may be only one of several factors. Such requests shall not be considered an offer to sell the property but shall be deemed to be negotiations as to the possible sale of real estate for the purposes of Chapter 610 RSMo. (Ord. 14866, § 2, 10-17-2011) (Replaces Chapter 2 and subsequently 26A sections 377F) Letter of Intent. At any time, a letter of intent may be filed with the city clerk by a member of the public who is interested in purchasing city-owned property. The letter shall state the property, its location, and the price the purchaser would be willing to pay for the property. The city clerk shall forward the letter of intent to the City Council. A councilman may thereafter sponsor a resolution to sell the property as proposed or as modified. (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93) (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93) (Replaces Chapter 2 and subsequently 26A sections 385, 386 & 388) (Previously codified in section 2-385) Sec. 26A-386. Minimum Bid Requirement and Rejection of Bids. Incorporated into 26A-56 The city council may establish a minimum bid requirement for any property and may reject any and all bids. (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-386) Sec. 26A-387 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. The City Council may approve any such sale on the consent agenda. (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-387) (moved from 26A-387) Sec. 26A-388. Letter of Intent. At any time, a letter of intent may be filed with the city clerk by a member of the public who is interested in purchasing city-owned property. The letter shall state the property, its location, and the price the purchaser would be willing to pay for the property. The city clerk shall forward the letter of intent to the city council. (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-388) (Incorporated into 26A-56) Sec. 26A-389. Debarment. Moved to 26A-34 A The purchasing agent is authorized to debar a person from consideration for award of contracts for any of the following reasons: Bill 2014-9 Page 18 1. 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 under 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. B The length of a 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 thirty (30) 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 oath or affirmation. All evidence shall be suitably recorded and preserved. The technical rules of evidence shall not apply, except the director 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 director's 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. Cost of Proceedings. The cost of debarment proceedings shall be taxed against the losing party. 8. Nothing in this section shall limit the authority of the purchasing division to accept the bid which in his judgment is the lowest and best bid, or to reject any or all bids or to reject a bid on grounds which could have been used to debar the bidder. (Ord. No. 11936, § 3, 7-19-93) (Previously codified in section 2-389) Bill 2014-9 Page 19 Division VII. Specific Categories in Purchasing Sec. 26A-390 60. Sole source procurement. A. Competitive bids and advertising can be waived when there is only a single feasible source. A single feasible source is defined as listed below. 1. Proprietary, only available from manufacturer or single distributor. 2. Bidding history determines that the item is only available from manufacturer or a single distributor. Advertising may be waived in the above circumstances. B. The city administrator shall be charged with determination as to whether a sole source is applicable. (Previously codified in section 2-390) Sec. 26A-391 61. Purchases of certain commodities exempt. A. All purchases of the following commodities shall may not be purchased pursuant according to the procedures in this section Section 26A-379, item (c) but shall be purchased according to the procedures in this section: 1. Any chemical purchased by the Street Division or Wastewater Division or Parks and Recreation Department in bulk. 2. Fuel. B. Purchases of items authorized by this section shall be made as follows: 1. 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 within the budgetary control of said department. but in no event shall the total amounts of the purchase exceed the amounts appropriated. (Previously codified in section 2-391) Sec. 26A-392 62. Purchases from federal surplus property. All purchases from federal surplus property or from (Surplus Property, State of Missouri) are exempt from purchasing limits, as long as said purchase is within the budgetary control of said department Sec. 26A-379 items (a), (b), (c). (Previously codified in section 2-392) Moved from 26A-392 Sec. 26A-393 63. Cooperatives General Services Administration (G S A) contracts. All purchases from General Services Administration (G S A) contracts are exempt from Sec 26A-379. Bill 2014-9 Page 20 Ppurchasing limits do not apply in these instances as long as said purchase is within the budgetary control of said department. (Previously codified in section 2-393) Moved from 26A-393 Sec. 26A-380 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. In any case where a purchase under this section might be reimbursable under Federal or State Disaster Relief provisions, the Department Director shall maintain such records as are required for such reimbursement. In any such instance when emergency procedures are implemented, the Department director shall maintain all records related to an incident. B. 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-382 65. Cooperative purchasing. A. The City of Jefferson desires to participate in the cooperative procurement program with the State of Missouri, the County of Cole, the Housing Authority and any other interested governmental bodies. The purchasing agent shall be the designated city representative for the administration of the cooperative procurement program. (Resolution passed 8-20-79) In lieu of the purchasing requirements set out in this chapter, the City Council may authorize participation in any multi-government cooperative or for-profit cooperative by ordinance. B. In addition to other groups authorized by ordinance the Council specifically authorizes participation in cooperative purchasing with State of Missouri, the County of Cole, and the Housing Authority. C. 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 3. 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 Sec. 26A-393. General Services Administration (G S A) contracts. Moved to 26A-63 All purchases from General Services Administration (G S A) contracts are exempt from Sec 26A-379. Purchasing limits do not apply in these instances. (Previously codified in section 2-393) Sec. 26A-394. Policies and Procedures for Selecting Professional Service Firms including Architectural, Engineering and Land Surveying Firms. Updated & moved into 26A-41 The following describes policies and procedures to be used by City of Jefferson in selecting professional service firms. Professional service firms including, but not limited to, architectural, engineering and land surveying firms shall be referred to as "firms". A. CONTRACTS AND FEES It shall be the policy of City of Jefferson to negotiate contracts with firms for services on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable fees. B. QUALIFICATIONS OF FIRMS It shall be the policy of City of Jefferson to encourage firms engaged in the lawful practice of their professions to annually submit statements of their qualifications and performance record. Whenever a proposed project requires the services of a firm, the City shall evaluate current statements of qualifications and performance records of firms on file together with those that may be submitted by other firms regarding the proposed project. The City shall use the following criteria in evaluating the qualifications of each firm: 1. The specialized experience and technical competence of the firm with respect to the type of services required. 2. The capacity and capability of the firm to perform the work in question, including specialized services, within 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 costs, quality of work, and ability to meet schedules. 4. The firm's proximity to and familiarity with the area in which the project is located. C. CITY FILES FOR FIRMS AND PROJECTS 1. The purchasing agent shall compile and maintain a file of firms that are potential consultants for doing projects for City of Jefferson. 2. The purchasing agent shall prepare every six months, a list of all the firms used in the preceding year for review. 3. Each firm shall be evaluated within 30 days after completing a contract with the City. 4. When a project is proposed, the principal department proposing the project shall prepare a description of the project, including the Scope of Work, the identification of applicable plans, a timetable and a budget. 5. The selection committee shall prepare a list of firms from the file for the proposed project. Bill 2014-9 Page 22 Selection of the firms shall be based upon preliminary review comparing the nature of the job with the experience of the firms and other significant factors. 6. The firms selected shall be sent a description of the project and a questionnaire designed to obtain more detailed information related to the firm's qualifications for the specific project. Selected firms from those responding to the questionnaire shall be interviewed by a selection committee. D. SELECTION COMMITTEE The selection committee shall be appointed by the City Administrator. The selection committee shall be composed of the department director and at least two additional members from other departments. This Committee shall review the information at hand and the principals of the firms. Whenever the project involves total expenditures of over $500,000.00 or the anticipated expenditure for professional services being sought exceed $25,000.00 all members of the Council shall be notified of the proceedings of the selection committee. E. NEGOTIATION FOR CONTRACT 1. The selection committee shall select from the file for each project, three firms that are highly qualified to fulfill the proposed assignment in the best interest of the City. The firms shall be placed in ranked order. 2. The firm ranked first shall be asked to make a comprehensive written and oral presentation demonstrating its methods and experience related to the project, which principals shall be assigned to the project, the consultants to be used, a schedule of document preparation, estimating procedures, services to be rendered during construction, and any other information helpful in determining how well the particular firm is qualified to do the job. 3. The selection committee shall then reach a decision as to whether or not to proceed with fee negotiations with the selected firm. If the parties reach an agreement, a contract shall be prepared and the other firms shall be promptly advised. 4. If the first-ranking firm's proposal is not satisfactory, negotiations shall be initiated with the second-ranking firm. Again, if the negotiations are unsatisfactory, the selection committee shall negotiate with the third-ranking firm. If these negotiations prove unsatisfactory, the project shall be restudied and the City’s expectations shall be reexamined before beginning the process again. If the process begins again, the selection committee shall compile a list of qualified firms and proceed in the same manner. (Previously codified in section 2-394) Sec. 26A-395. Bidding procedure for construction projects. Parts of this section moved into 26A-42 & 26A-395 The following describes procedures to be followed by the City in selecting construction contractors for projects. 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: 1. A brief description of the project and its location. 2. Name and address of the owner. 3. Name and address of the person authorized to receive bids. Bill 2014-9 Page 23 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. 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 owner's 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 owner 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 furnished 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: 1. 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: 1. 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 Owner 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. Bill 2014-9 Page 24 E. 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. F. 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 Owner and signed by the consultant and Owner's representative. 1. The addendum shall be delivered, either by the Owner 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 instructions to the bidders during the bidding period except as described in this section on 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. 1. 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 bidder's 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 Owner's 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 Bill 2014-9 Page 25 forwarded to the contractor authorizing the contractor to begin work. (Ord. 13208, §2, 6-4-2001) I. 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, 6-4-2001) 1. 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, consultants and contractor shall meet to do the following: 1. 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) (Previously codified in section 2-395) Sec. 26A-398. Purchases of vehicles. The Purchasing Agent is authorized, contrary provisions of the City Code notwithstanding, to purchase vehicles by any of the following means, except when State or Federal laws or regulations, or the provisions of any grant agreement, require otherwise: A. Competitive bidding as provided in this chapter B. Purchase from State Contract C. Purchase from MoDOT Contract D. Purchases based upon a negotiated agreement with a particular vendor, provided that such vendor must be selected according to an established written procedure which provides a mechanism for all known interested parties to make proposals in a fair an even manner. Direct negotiations as provided in this sub- section may only be used if the Purchasing Agent certifies to the Council that the use of direct negotiations in a particular instance is in the best interests of the City, and setting forth in particular why such means are in the best interests of the City, and why the other available means are less desirable. This subsection shall also authorize negotiated agreements which include a repurchase agreement. In making such purchases, the Purchasing Agent shall abide by all provisions of the City Code not inconsistent with this Division, all rules set forth by the Council, and all policies adopted by the City Administrator. (Previously codified in section 2-398) Sec. 26A-399. Sale of vehicles. The Purchasing Agent is authorized, contrary provisions of the City Code notwithstanding, to dispose of vehicles by any of the following means, except when State or Federal laws or regulations, or the provisions of any grant agreement, require otherwise: A. Sale by auction B. Sale by sealed bid Bill 2014-9 Page 26 C. Solicitation of offers to purchase the vehicle. Such solicitations shall be upon the condition that no offer less than the purchase price may be accepted, unless a lower price is authorized by the City Administrator with Notice to the Council. D. Sales based upon a negotiated agreement with a particular vendor, provided that such vendor must be selected according to an established written procedure which provides a mechanism for all interested parties to make proposals in a fair an even manner. Direct negotiations as provided in this sub-section may only be used if the Purchasing Agent certifies to the Council that the use of direct negotiations in a particular instance is in the best interests of the City, and setting forth in particular why such means are in the best interests of the City, and why the other available means are less desirable. This subsection shall also authorize negotiated agreements which include a repurchase agreement. E. Sales by a third party selected according to the City’s standard procedures for selecting providers of services. Any such agreement shall set forth the parameters and authority of the third party provider. (Ord. No. 13829, §1, 1-18-2005; Ord. No. 14549, §1, 6-15-2009) (Previously codified in section 2-399) Secs. 26A-66 – 26A-69. Reserved. Sec. 26A-406 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. 26A-407 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, 6-15-2009) (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, 6-15-2009) 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 administrative agencies 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 6.2 (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) F. The purchasing authority of the city administrator shall be as provided in Chapter 26A of the Code. The city administrator is hereby authorized to execute change orders to contracts including increasing the amount to be expended under the contract provided the following criteria are met: 1. 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 ten thousand dollars ($10,000), whichever is greater. For the purposes of this section, the term “original” 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. 2. The change order does not change the general scope of the project. 3. All change orders approved shall be reported to the city council within two weeks of execution. The report shall include the reason for the change order. G. Notwithstanding the provisions of section 2-378 regarding the promulgation of purchasing rules, the city administrator is hereby authorized to sign contracts on behalf of the city, provided the following criteria are met: 1. The item(s) and/or service(s) that are the subject of the contract have a combined total value of no greater than twenty-four thousand, nine hundred ninety-nine dollars and ninety-nine cents ($24,999.99), unless specifically authorized by the city council. 2. The contract does not pertain to the purchase or sale of real estate, unless specifically authorized by the city council. 3. All contracts signed in accordance with this subsection, including contracts for the purchase or sale of real estate, shall be reported to the city council within two weeks of execution. The report shall include the rationale for the contract. H. The City Administrator may, on behalf of the city, accept any grant, gift, or donation not in excess of $2,000, and may amend the budget to reflect the acceptance of such revenue, and may amend the budget to reflect equivalent expenses so as to accomplish the purpose of such funds. (Ord. 14866, §3, 10-17-2011) (Ord. No. 9360, § 8(a) - (d), 12-17-79; Ord. No. 12163, § 1, 10-10-94; Ord. No. 14051, §1, 6-5-2006) (Previously codified in section 2-290) State law reference - Similar provisions, RSMo. §§ 77.046, 77.048. Charter reference - 5.2, 6.1, 6.2, 6.3 Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. 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. B. Acceptance. Bill 2014-9 Page 28 1. 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; e. CFDA#: f. Grant Award # (if any): g. Revenue and Expense account to be amended. 2. Upon Approval of the Consent Agenda, the city 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 Five Thousand Dollars ($5,000.00). a. In order to apply for a grant of less than five thousand dollars ($5,000.00) the city administration must determine that the value to the City exceeds the expense incurred by the City for administration of the grant. b. If a grant, gift, or donation of five thousand dollars ($5,000.00) or less is given to the City without application, the city administrator, or his/her designee, may, on behalf of the City, accept such grant, gift, or donation, and shall amend the budget to reflect the acceptance of such revenue, and shall may amend the budget to reflect any equivalent 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: Approved: Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor Bill 2014-9 Page 29 Minutes of Meeting Jefferson City Council Committee on Administration Monday, April 21, 2014 Immediately following 6:00 PM City Council Meeting City Hall -320 E. McCarty Street City Council Chambers Mayor Eric Struemph asked Councilman Larry Henry to convene the meeting for the purpose of electing officers. Members of the Committee present: Present: Branch, Mihalevich, Hussey, Costales, and Henry Absent: None Councilman Larry Henry convened the meeting at 8:32 P.M., and opened the floor for nominations of Chairman and Vice-Chairman. Chairman - Councilman Jim Branch nominated Councilman Larry Henry as Chairman. There being no further nominations made, Councilman Henry was elected unanimously. Vice-Chairman – Councilman Ken Hussey nominated Councilman Jim Branch as Vice- Chairman. There being no further nominations made, Councilman Branch was elected unanimously. There being no further business brought before the Committee at this time, a motion was made by Councilman Ken Hussey for adjournment, seconded by Councilman Jim Branch, and approved unanimously at 8:35 P.M.