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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 Ordinance No. 20, as adopted May 2, 1955, is hereby repealed.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 3 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 4 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. 5 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 6 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 7 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 8 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. 9 The foregoing Ordinance was adopted January 26, 1973.