HomeMy Public PortalAbout02375-Methods for purchase of supplies materials and services O R D I N A N C E NO. 2375
AN ORDINANCE repealing Ordinance No. 20 and enacting a
new Ordinance on the same subject, in lieu thereof, providing for
the methods for purchase of supplies, materials and certain
services other than contracts for personal services and contracts
for construction.
WHEREAS, the District has found that the methods of
ordering, purchasing and contracting as provided in said Ordinance
No. 90 are not suitable for the obtaining of insurance coverage
for the District's many needs, and that a different procedure
should be provided;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Ordinance No. 20, as adopted May 2,
1955, is hereby repealed.
Section Two. The Director of Finance of The
Metropolitan St. Louis Sever District shall have the power, and it
shall be his duty, to purchase or contract for all supplies,
materials, equipment and contractual services needed by any and
all using agencies and to sell all personal property of the
District which has become obsolete or unusable. The terms,
"supplies," "materials" and "equipment," as used throughout this
Ordnance shall be construed to mean any and all articles or things
which shall be furnished to or used by the using agencies,
including any and all printing, binding or publication of
stationery, forms, laws, journals and reports. The term
"contractual services" shall be construed to mean any and all
telephone, gas, water, electric light and power services, towel
and cleaning service, leases for all grounds, buildings, offices
or other space required by the using agencies, and the rental,
repair or maintenance of equipment machinery and other District-
owned personal property; provided, however, that said term shall
not be construed to mean any contracts for construction or
personal services, or for insurance coverage, which contracts
shall not be within the scope of this Ordinance. The term "using
agencies" shall be construed to mean any and all departments,
divisions, boards, commissions and other agencies which derive
their support wholly, or in part, from funds of the District.
Section Three. All using agencies of the District shall
file with the Director of Finance detailed estimates of their
requirements for supplies, materials, equipment and contractual
services in such manner, at such times, and for such future
periods as the Director of Finance shall prescribe. This shall in
nowise prevent any using agency from filing with the Director of
Finance at any time a requisition for any supplies, materials,
equipment or contractual services, the need for which was not
foreseen when the detailed estimates were filed.
Section Four. All purchases of, and contracts, for
supplies, materials, equipment and contractual services, other
than contracts for construction or personal services or insurance
coverage, and all sales of personal property which has become
obsolete and unusable, shall be based, wherever possible, on
competitive bids. If the amount of any such purchase, contract or
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sale is estimated to exceed Two Thousand Dollars ($2,000.00),
written contracts shall be awarded, and notices inviting sealed
competitive bids shall be published at least once in a newspaper
of general circulation published in the District. At least five
calendar days must intervene between the date of last publication
and the final date for submitting bids. Such notices shall
include a general description of the articles to be purchased or
sold, and shall state where bid blanks and specifications may be
secured, and the time and place for opening of bids. No purchases
or contracts may be subdivided for the purpose of evading the
requirements of competitive bids as established by this Ordinance
and the District Plan.
The Director of Finance shall, in addition, solicit
sealed bids from all responsible prospective suppliers or
purchasers who have requested their names to be added to the
bidders' list by sending them a copy of such newspaper notice or
such other notice as will acquaint them with the proposed purchase
or sale.
All bids shall be submitted sealed to the Director of
Finance; and when deemed necessary by him, shall be accompanied by
surety in the form of check, cash or bid bond in such amount as
shall be prescribed in the public notice inviting bids. The bids
shall be opened in public at the time and place stated in the
newspaper notice. A tabulation of all bids received shall be
posted for public inspection. The Director of Finance may reject
all bids, or the bids for any one or more commodities or
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contractual services included in the proposed contract, when the
public interest will be served thereby. If all bids received are
for the same total amount or unit price, and if the public
interest, as determined by the Director of Finance, will not
permit the delay of re-advertising for bids, the Director of
Finance shall have authority to award the contract to one of the
tie bidders by drawing lots in public, or to purchase the
commodities or contractual services in the open market, provided
the price paid in the open market shall not exceed the lowest
contract bid price submitted for the same commodity or contractual
service. If two or more bids tie for low bid and elements of time
or responsibility of bidder are not sufficient to justify the
award to one of the tie bidders, the Director of Finance shall
have the authority to award the contract to one of the tie bidders
by drawing lots in public. Otherwise the contract shall be
awarded to the lowest responsible bidder; quality offered,
delivery terms and service reputation of the vendor, may be taken
into consideration in determining the successful bidder.
Sales of property which has become obsolete or unusable
shall be made to the highest responsible bidder.
Notice of awards of contracts shall be made on standard
Department of Finance forms. If the successful bidder shall not,
within ten days after notice of the award, enter into a formal
written contract, he shall forfeit any surety which accompanied
his bid. A copy of each contract shall be filed with the
Secretary-Treasurer of the District.
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Section Five. All purchases of supplies, materials,
equipment or contractual services, other than contracts for
construction or personal services or for insurance coverage and
all sales of personal property which have become obsolete and
unusable, of less than Two Thousand Dollars ($2,000.00) in amount,
may be made in the open market, without newspaper advertisement
and without observing the procedure prescribed in Section Four for
the award of contracts. In case of any situation which requires
immediate purchase of supplies, materials, equipment or
contractual service, the Director of Finance may secure in the
open market at the lowest obtainable price any supplies,
materials, equipment or contractual services, regardless of the
amount of the expenditure, provided, however, that a full
explanation of the circumstances of such situation, wherein the
expenditure is in excess of Two Thousand Dollars ($2,000.00),
shall be entered in the minutes of the next meeting of the Board
of Trustees and shall be open to public inspection.
All open market purchases shall, wherever possible, be
based on at least three competitive bids, and shall be awarded to
the lowest responsible bidder. The Director of Finance shall
solicit bids for such purposes by direct mail or by telephone.
The Director of Finance shall keep a record of all open market
orders and the bids submitted in competition thereon, and such
records shall also be open to public inspection.
Section Six. The Director of Finance shall not issue
any order for delivery on a contract or open market purchase until
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he shall have certified that there is to the credit of each of the
using agencies concerned a sufficient unencumbered appropriation
balance, in excess of all unpaid obligations, to defray the amount
of such order.
Section Seven. In case of actual emergency and with the
consent of the Director of Finance, any using agency may purchase
directly any supplies, materials or equipment for which immediate
procurement is essential to prevent unusual delays in the work of
the using agency which may vitally affect the life, health or
convenience of citizens. The head of such using agency shall send
to the Director of Finance a requisition and a copy of the
delivery record, together with a full written explanation of the
circumstances of the emergency, which shall be filed by the
Director of Finance as a permanent and public record of the
purchase. The Director of Fiance may prescribe the procedure
under which such emergency purchases may be made. Purchases in
excess of Two Thousand Dollars ($2,000.00), made under the
provisions of this Section, shall be entered into the minutes of
the next meeting of the Board of Trustees, as provided for in
Section Five of this Ordinance.
Section Eight. The Director of Finance may authorize
any using agency to purchase directly, after a prior encumbrance
of sufficient funds, articles or supplies not in excess of Fifty
Dollars ($50.00) per expenditure. This authorization may be of a
blanket nature for certain types of supplies or may be of an
individual nature for each purchase. Purchases of this nature
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shall be reported to the Director of Finance at least monthly, in
writing, on such forms as he shall prescribe with copies of the
delivery records attached.
Section Nine. The Director of Finance shall inspect,
or cause to be inspected, all deliveries of supplies, materials,
equipment or contractual services to determine their conformance
with the specifications set forth in the order or contract and
shall require such chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary
to determine their quality and conformance with the
specifications.
Section Ten. All using agencies shall submit to the
Director of Finance, at such times and in such form as he shall
prescribe, reports showing stocks of all supplies, materials and
equipment which are no longer used or which have become obsolete,
worn out or scrapped. The Director of Finance may transfer such
stock to another or other agencies which have need for and can use
it. The Director of Finance shall also have power to sell any
such supplies, materials and equipment which have become
unsuitable for public use, or to exchange for or trade in the same
on new supplies, materials and equipment. Any such sale, exchange
or trade-in shall be based on competitive bids secured in
accordance with Section Four or Section Five, whichever is
applicable.
Section Eleven. Not withstanding any provisions of this
Ordinance, the Director of Finance shall have authority to join
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with any public body or agency in the cooperative purchasing of
any supplies, materials, equipment or contractual services when
the best interests of the District would be served thereby.
Section Twelve. The Director of Finance shall establish,
and from time to time amend, all procedures authorized by this
Ordinance and any others necessary to its operation. Such
procedures and amendments thereto shall be subject to the approval
of the Executive Director.
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The foregoing Ordinance was adopted January 26, 1973.