HomeMy Public PortalAbout03716AMENDED BY ORDINANCE NO. 7411 - 3/23/88 REPEALED BY ORDINANCE NO. 9673 - 9/14/95
O R D I N A N C E NO. 3716
AN ORDINANCE, repealing Ordinance No. 2375 relating to
the methods for purchase of supplies, materials and certain
services other than contracts for personal services, contracts for
insurance, and contracts for construction; and enacting in lieu
thereof a new ordinance relating to the same subject matter
providing for the methods for purchase of supplies, materials and
certain services to be known as the "Purchasing Code" of The
Metropolitan St. Louis Sewer District.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Ordinance No. 2375, adopted January 26,
1973, is hereby repealed, provided, however, that any legal rights,
duties, obligations or relationships established by such ordinance
shall not be altered or extinguished.
Section Two. This ordinance shall be known and be cited
as the "Purchasing Code" of The Metropolitan St. Louis Sewer
District.
Section Three. For the purposes of this ordinance, the
following terms, phrases, words and their derivations shall have
the meaning given therein. When not inconsistent with the context,
words used in the present tense include the future tense; words in
the plural number include the singular number and words in the
singular number include the plural number. The word "shall" as
used in this ordinance is always mandatory and not merely
directory.
(1) "District" is The Metropolitan St. Louis Sewer
District.
(2) "Purchasing Manager" is the head of the Purchasing
Division of The Metropolitan St. Louis Sewer District and is
appointed by the Director of Finance of The Metropolitan St. Louis
Sewer District.
(3) "Contractual Services" shall mean and include all
telephone, gas, water, electric, light and power services;
janitorial services; any and all printing, binding and publication
of stationery, forms, laws, journals and report; and the rental
repair or maintenance of equipment, machinery and other District
owned personal property. The term shall not include professional
and other contractual services which are in their nature unique and
not subject to competition. Contractual services shall not include
insurance, construction contracts, and personal services.
(4) "Supplies" shall mean and include all materials and
equipment.
(5) "Using Agency" shall be construed to mean any and
all departments, divisions, sections, boards, commissions or other
units in the District using supplies or procuring contractual
services and derive their support wholly, or in part, from funds of
the District.
(6) "Responsive" shall mean the company's bid was
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received prior to the established bid opening time and the bid is
in full compliance with The Metropolitan St. Louis Sewer District
bid specifications.
(7) "Responsible" shall mean the contractor has the
technical expertise, manufacturing capacity, product quality, and
financial ability to accomplish the contemplated procurement. The
implications of the term responsible are fully developed in Section
Nine, Sub-Paragraph 5.
Section Four. The Purchasing Manager shall be the head,
and have general supervision, of Purchasing. He shall perform all
duties prescribed by this ordinance.
Section Five. The Purchasing Manager shall have the
power and it shall be his duty, except as may be otherwise provided
by law or ordinance: To purchase or contract for all supplies and
contractual services needed by any using agency in accordance with
purchasing procedures as prescribed by this ordinance, such rules
and regulations as the Purchasing Manager shall adopt for the
internal management and operation of the Purchasing Division, and
such other rules and regulations as may be prescribed by the
Director of Finance and Board of Trustees. Except as may be
otherwise provided by law or ordinance, the Director of Finance and
Purchasing Manager shall have authority to negotiate all purchases
for using agencies. With the exception of construction, insurance,
and personal service contracts, it shall be unlawful for any
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District officer to enter into any contract within the purview of
this ordinance other than through the Purchasing Division and
purchases ordered or contract made contrary to the provisions
hereof shall not be approved and the District shall not be bound
thereby.
Section Six. In addition to the purchasing authority
conferred in Section Six and in addition to any other powers and
duties conferred by this ordinance, the Purchasing Manager shall:
(a) Act to procure for the District a suitable quality
in supplies and contractual services at the least expense to the
District, utilizing life-cycle cost and/or other reasonable
techniques for measuring a system's total cost effectiveness.
(b) Discourage collusive or restrictive bidding and
endeavor to obtain as full and open competition as possible on all
purchases.
(c) Establish, and amend when necessary, all rules and
regulations authorized by this ordinance and any other necessary to
its operation.
(d) Keep informed of current developments in the field
of purchasing, prices, market conditions and new products, and
secure for the District the benefits of research done in the field
of purchasing by other governmental jurisdictions, national
technical associations, trade associations having national
recognition and by private business and organizations.
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(e) Prescribe and maintain such forms as he shall find
reasonably necessary to the operation of this ordinance.
(f) Prepare and adopt a standard purchasing procedure
for using agencies and supplier.
(g) Prepare, adopt, and maintain a vendors' catalog
file. Said catalog shall be filed according to materials and shall
contain descriptions of vendors' commodities, prices, and
discounts.
(h) Exploit the possibilities of buying "in bulk" so as
to take full advantage of discounts.
(i) Act so as to procure for the District all federal,
state, and local tax exemptions to which it is entitled.
Section Seven. All using agencies, either by or with the
authorization of the head of the department or office under which
the using agency operates, shall file with the Purchasing Division
detailed requisitions or estimates of their requirements in
supplies and contractual services in such manner, at such times,
and for such future periods as the Purchasing Manager shall pre-
scribe. A using agency shall not be prevented from filing, in the
same manner, with the Purchasing Division at any time a requisition
or estimate for any supplies and contractual services, the need for
which was not foreseen when the detailed estimates were filed. The
Purchasing Division shall examine each requisition or estimate and
shall have the authority to revise it as to quality, quantity, or
estimated cost, except where the using agency shall have the
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specific power and duty as otherwise provided by law or ordinance
to determine the quality, quantity, and specifications or cost of
any supplies; but revision as to quality shall be in accordance
with the standards and specifications established in The
Metropolitan St. Louis Sewer District Purchasing Procedure pursuant
to this ordinance.
Section Eight. The Purchasing Division shall not issue
any order for delivery on a contract or open market purchase until
the Director of Finance shall have certified that there is to the
credit of the using agency or agencies concerned a sufficient un-
encumbered appropriation balance in excess of all unpaid
obligations to defray the amount of such order.
Section Nine. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost there-
of shall exceed Ten Thousand Dollars ($10,000.00), shall be
purchased by formal written contract from the lowest responsive and
responsible bidder, after due notice inviting proposals:
(1) Notice inviting bids shall be published at least
once in one or more newspapers of general circulation in the
District, which notice shall be published at least seven (7) days
preceding the days set for receipt of proposals. The newspaper
notice required herein shall include a general description of the
articles purchased or sold; shall state where bid blanks and
specifications may be secured, and the time and place for opening
bids. The Purchasing Division shall also solicit sealed bids from
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all responsible prospective suppliers or purchasers who have
requested their names to be added to a "Bidders' List", which the
Purchasing Division shall maintain by sending them a copy of such
notice as will acquaint them with the proposed purchase or sale, at
least seven (7) days preceding the day set for receipt of
proposals.
(2) When deemed necessary by the Purchasing Manager,
surety or bid deposits of five percent (5%) of the amount bid shall
be prescribed in the public notice inviting bids. Unsuccessful
bidders shall be entitled to the return of surety or deposit where
the Purchasing Manager has required such. A successful bidder
shall forfeit any deposit or surety required by the Purchasing
Manager upon failure on his part to enter into a contract within
ten (10) days after the award.
(3) All bids shall be submitted sealed to the Purchasing
Division and shall be identified as bids on the envelope. Bids
shall be opened in public at the location and on the day and at the
time stated in the public notices. The Purchasing Manager shall
tabulate all bids received on a form specially designed for the
purpose, and such tabulation and bids shall be available for
inspection in the Purchasing Division for at least five (5) days
after the bid opening. The Purchasing Division shall forward the
tabulation to the using agency, which shall return the bids with
recommendations to the Purchasing Division within the shortest
practicable time.
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(4) The Purchasing Manager shall have the authority to
reject all bids, parts of all bids, or all bids for any one or more
supplies or contractual services included in the proposed contract,
when the public interest will be served thereby, and a statement to
that effect will be included in the information for bidders.
(5) The Purchasing Manager shall have the authority to
award contracts within the purview of this ordinance. Contracts
shall be awarded to the lowest responsive and responsible bidder.
In determining "lowest responsible bidder", in addition to price,
the Purchasing Division may consider: The ability, capacity, or
skill of the bidder to perform the contract or provide the service
promptly or within the time specified, without delay or
interference; the character, integrity, reputation, judgment,
experience, and efficiency of the bidder; the quality of
performance or previous contracts or services; the previous and
existing compliance by the bidder with laws and ordinances relating
to the contract or service; the sufficiency of the financial
resources and ability of the bidder to perform the contract or
provide the services; the quality, availability and adaptability of
the supplies, or contractual services to the particular use
required; the ability of the bidder to provide future maintenance
and service for the use of the subject of the contract; and the
number and scope of conditions attached to the bid. Bidders must
adhere to the letter and intent of the bid specifications; any
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deviation may result in the bidder being declared non-responsive.
Normally, awards will be made to the lowest responsive and respon-
sible bidder; however, the cost of operating and supporting a
system or major item of equipment over its useful life is
substantial. In many cases, life cycle operating and maintenance
costs are greater than acquisition costs. Using agencies shall
assist the Purchasing Division in the evaluation process by giving
proper consideration to those systems or equipments that will
result in the lowest life cycle cost to the District. When the
award is not given to the lowest bidder, a full and complete
statement of the reasons for placing the order elsewhere shall be
prepared by the Purchasing Manager with the written concurrence of
the Director of Legal Service and filed with the other papers
relating to the transaction. If all bids received are for the same
total amount or unit price, the Purchasing Division shall re-
advertise for bids, unless the public interest will not permit this
delay. In such case, the Purchasing Manager shall award the
contract to one of the tie bidders by drawing lots in public, or by
purchasing the supplies or contractual services in the open market,
provided the price paid therefor shall not exceed the lowest
contract bid price submitted for the same supplies or contractual
services. If two or more bidders tie for low bid and elements of
time or responsibility of the bidders are not sufficient to justify
the award to one of the tie bidders, the Purchasing Manager shall
award the contract to one of the tie bidders by drawing lots in
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public.
(6) No contract or purchase shall be subdivided to avoid
the requirements of competitive bidding.
Section Ten. All purchases of supplies and contractual
services of less than the estimated value of Ten Thousand Dollars
($10,000.00) may be made in the open market without newspaper
advertisement and without observing the procedure prescribed in
Section Twelve hereof for award of formal contracts.
(1) All open market purchases shall, wherever possible,
be based on at least three (3) competitive bids and shall be
awarded to the lowest responsive and responsible bidder in
accordance with the standards set forth in Section Nine, Sub-
Paragraph 5, hereof. The Purchasing Manager shall solicit bids by
direct mail and or by telephone from prospective vendors. The
Purchasing Manager shall keep a record of all open requisitions and
the bids submitted in competition thereon and such record shall be
open to public inspection.
(2) Purchases, in the amount of $100.00 or less may be
made by the using agency on the District's Purchase Authorization
Form. Any emergency purchase over $100.00 but less than $10,000.00
cannot be made without first obtaining a confirming purchase order
number from the Purchasing Division.
Section Eleven. All contracts for services and supplies,
wherein the District is a party, shall contain a non-discrimination
in employment clause which shall provide that the contractor in the
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performance of the contract will not discriminate against any
employee or applicant for employment because of race, creed, or
religion, color, sex, or national origin. Actions of the
contractor shall include but not be limited to the following:
Employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates or pay or
other forms of compensation; and selection for training, including
apprenticeship. The Director of Legal Services shall draft an
appropriate clause for inclusion in all District contracts.
Section Twelve. The Purchasing Manager shall have
authority to execute contracts for a period not to exceed one (1)
year, subject to the provisions of this ordinance, whereby the
using agencies requisition and accept delivery of supplies and
equipment in small lots, to meet requirements as needed. The
Purchasing Manager shall have authority to charge the cost of such
contract against the appropriations of such using agencies. The
Purchasing Manager shall prescribe by rules and regulations the
procedure under which such requisition may be made by the heads of
using agencies.
(a) In case of an immediate need which requires
immediate purchase of supplies, equipment, or contractual services,
the Director of Finance shall be empowered to authorize the
Purchasing Manager to secure by open market procedure, as herein
set forth, at the lowest possible price, any supplies or
contractual services regardless of the amount of the expenditure;
provided, however, that the Director of Finance shall certify that
the account to be charged for said services or purchase has a
sufficient unencumbered balance to pay the same in the
appropriation account against which such obligation is to be
charged.
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(b) A full report of the circumstances of such immediate
purchase shall be filled by the Purchasing Manager with the
Director of Finance and shall be entered in the minutes of the
Board of Trustees and shall be open to public inspection.
(c) In cases of emergency, where the immediate procure-
ment of any supplies, equipment, or contractual services is essen-
tial to prevent delays in the work of any using agency, which may
vitally affect the life, health, welfare, or convenience of
citizens, and there is not sufficient time for the procedure set
forth above to be followed, the Purchasing Manager or the Director
of Finance may authorize the head of any such agency to purchase
directly such supplies or contractual services. The head of such
using agency shall send to the Purchasing Manager a requisition and
a copy of the delivery record, together with a full written report
of the circumstances of the emergency. The report shall be filed
by the Manager with the Board of Trustees and Director of Finance
as set forth above.
(d) The Purchasing Manager with the approval of the
Director of Finance shall prescribe by rules and regulations the
procedure under which emergency purchases by heads of using
agencies may be made.
Section Thirteen.
(a) The Director of Finance can authorize sole source
procurement of an item over $10,000.00 upon presentation of
sufficient documentation to the effect that a part or component for
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an existing item can only be procured from the original
manufacturer or his authorized regional representative.
(b) The Director of Finance may also authorize sole
source procurement when the contemplated acquisition is for
technical services in connection with the assembly, installation,
or servicing of equipment of a highly technical or specialized
nature.
Section Fourteen.
(a) The Purchasing Manager shall inspect, or supervise
the inspection of, all deliveries of supplies or contractual
services to determine their conformance with the specifications set
forth in the order or contract. The Purchasing Manager shall have
the authority to delegate to using agencies having the staff and
facilities for adequate inspection to inspect all deliveries made
to such using agencies under rules and regulations which the
Purchasing Manager shall prescribe.
(b) The Purchasing Manager shall have the authority to
require chemical and physical tests of samples submitted with bids
and samples of deliveries which are necessary to determine their
quality and conformance with the specifications. In the
performance of such tests, the Purchasing Manager shall have the
authority to make use of laboratory facilities of the District or
of any outside laboratory.
Section Fifteen.
(a) All using agencies shall submit to the Purchasing
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Manager, at such times and in such form as he shall prescribe,
reports showing stocks of all supplies which are no longer used or
which have become obsolete, worn out or scrapped. The Purchasing
Manager shall have the authority to transfer surplus stock to other
agencies and to sell all supplies which have become unsuitable for
public use or to exchange the same for, or trade in the same on,
new supplies. Sales under this Section shall be made to the
highest responsible bidder and in conformance with Sections Nine,
Ten and Eleven hereof, whichever is applicable.
(b) The Purchasing Manager shall make necessary
arrangements to keep the Director of Finance informed of all
transfers, sales, exchanges, and trade-ins so that the Director of
Finance's inventory record may be kept current.
Section Sixteen.
(a) Property may be sold or donated only after it has
been determined by the respective department head to be surplus to
the District's needs. Property will not be sold or donated until
each department, in turn, has screened the property and declared it
excess to its current and immediately foreseeable needs.
Additionally, all property with an estimated disposal value in
excess of $2,000.00 will not be sold or donated without the review
and approval of the Executive Director.
(b) Surplus inventory shall be offered for sale on a
competitive basis. All property with an estimated disposal value
in excess of $2,000.00 will be formally advertised. To the extent
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feasible, dealers, suppliers and/or interest parties should be
solicited when additional competition will result. All property
with an estimated disposal value in excess of $50.00 but less than
$2,000.00 must be competitively offered to at least three
interested parties and disposition value documented with at least
two sealed bids. Under $50.00, no competition is required.
Certificate of Disposal must be prepared and filed at Division
level.
(c) Property may be donated only to political divisions
or subdivisions of the State of Missouri, Public School Districts,
Federal Educational Institutions, Federal Public Health and Federal
Civil Defense Institutions and organizations and other non-profit
philanthropic private organizations. Property may be donated to
said organizations only after the donation has been approved by the
Board of Trustees.
Section Seventeen. The Purchasing Manager shall have the
authority, with the approval of the Director of Finance, to join
with any public body or agency, private association, or educational
institution in the cooperative purchasing of any supplies,
materials, equipment or contractual services when the best interest
of the District would be served thereby.
The foregoing Ordinance was adopted February 28, 1979.