HomeMy Public PortalAbout09673 O R D I N A N C E NO. 9673 REPEALED BY 9845 - 4/18/96
AN ORDINANCE, repealing Ordinance No. 3716, adopted
February 28, 1979, as amended by Ordinance No. 7411, adopted March
23, 1988, 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. 3716 adopted February 28,
1979, as amended by Ordinance No. 7411, adopted March 23, 1988, is
hereby repealed, provided, however, that any legal rights, duties,
obligations or relationships established by such ordinances 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) "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 also shall not include
insurance, construction contracts, and personal services.
(2) "DISTRICT" is The Metropolitan St. Louis Sewer
District.
(3) "EMERGENCY" is a situation or condition which may
vitally affect the life, health, welfare, or convenience of citizens,
and/or the employees of the District. An emergency shall also
include those situations or conditions where the supplies, materials,
equipment, property, and real property of the District are likely to
be lost or severely damaged.
(4) "IMMEDIATE NEED" is a situation or condition which
does not qualify as an EMERGENCY, however, the failure to take prompt
action may result in an unnecessary delay which could cause the
situation or condition to become an EMERGENCY. Generally, this shall
mean that the supplies, property, and/or services are required in
less than 14 days.
(5) "PURCHASING MANAGER" is the head of the Purchasing
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Division of The Metropolitan St. Louis Sewer District and is
appointed by the Director of Finance of The Metropolitan St. Louis
Sewer District.
(6) "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.
(7) "RESPONSIVE" shall mean the company's bid was received
prior to the established bid opening time and the bid is in full com-
pliance with The Metropolitan St. Louis Sewer District bid specifica-
tions.
(8) "SUPPLIES" shall mean and include all materials and
equipment.
(9) "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.
Section Four. The Purchasing Manager shall be the head,
and have general supervision, of Purchasing. Except as otherwise
provided herein, he shall perform all duties prescribed by this
ordinance.
Section Five. Except as otherwise provided herein, by law
or ordinance, it shall be the Purchasing Manager's duty: To purchase
or contract for all supplies and contractual services needed by any
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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 for herein or 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 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 Five 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
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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.
(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 prescribe. A using
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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 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 unencumbered
appropriation balance in excess of all unpaid obligations to defray
the amount of such order.
Section Nine. Except as otherwise provided herein, all
supplies and contractual services, when the estimated cost thereof
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,
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which notice shall be published at least seven (7) days preceding the
day set for receipt of proposals. The newspaper notice required
herein shall include a general description of the articles to be
purchased or sold; shall state where bid blanks and specifications
may be secured, and the time and place for opening bids. The Pur-
chasing Division shall also solicit sealed bids from 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 bid bonds or cash deposits of five percent (5%) of the total
dollar amount bid shall be prescribed in the public notice inviting
bids. Unsuccessful bidders shall be entitled to the return of their
surety bid bonds or cash deposits. 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 Division 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
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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.
(4) The Purchasing Manager and the Director of Finance
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 and the Director of Finance
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 following may be considered: 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,
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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 deviation may result in the
bidder being declared non-responsive. Normally, awards will be made
to the lowest responsive and responsible 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 District's
legal counsel 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
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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 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 Nine 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 inspec-
tion.
(2) Purchases, in the amount of $250.00 or less may be
directly made by the using agency on the District's Purchase
Authorization Form.
(3) In case of an IMMEDIATE NEED which requires the
immediate purchase of supplies, equipment, or contractual services
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that are in excess of Ten Thousand Dollars ($10,000.00), and when
there is not adequate time to adhere to the formal procurement
practice prescribed in Section Nine, 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.
(4) A full report of the circumstances of such open
market IMMEDIATE NEED purchase, wherein the expenditure is in excess
of Ten Thousand Dollars ($10,000.00), shall be filed 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.
Section Eleven. Except as otherwise provided herein, any
EMERGENCY purchase over Two Hundred Fifty Dollars ($250.00) cannot be
made without first obtaining a confirming purchase order number from
the Purchasing Division. The requisition and a copy of the delivery
record, together with a full written report of the circumstances of
the emergency, shall be sent to the Purchasing Manager.
(1) In cases of EMERGENCY, when a confirming Purchase
Order number cannot be obtained from the Purchasing Division and
where the immediate procurement of any supplies, equipment, or
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contractual services is essential 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 or
his designee to purchase directly such supplies or contractual
services. The head of such using agency or his designee 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. A report of any EMERGENCY purchase expenditures in
excess of Ten Thousand Dollars ($10,000.00) shall be filed by the
Manager with the Board of Trustees and Director of Finance as set
forth above.
(2) 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 Twelve. 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
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, up-
grading, demotion or transfer; recruitment or recruitment
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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 Thirteen. 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.
Section Fourteen.
(a) The Director of Finance can authorize sole source
procurement of an item over Ten Thousand Dollars ($10,000.00) upon
presentation of sufficient documentation to the effect that a part or
component for 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 Fifteen.
(a) Except as otherwise provided herein, the Purchasing
Division 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
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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 Sixteen.
(a) All using agencies shall submit to the Purchasing
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
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Finance's inventory record may be kept current.
Section Seventeen.
(a) Personal 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 Two Thousand Dollars ($2,000.00) will not be sold or donated with-
out 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 Two Thousand Dollars ($2,000.00) will be formally
advertised. To the extent 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
Fifty Dollars ($50.00) but less than Two Thousand Dollars ($2,000.00)
must be competitively offered to at least three interested parties
and disposition value documented with at least two sealed bids.
Under Fifty Dollars ($50.00), no competition is required.
Certificate of Disposal must be prepared and filed at Division level.
(c) If approved by the Board of Trustees, property may be
donated 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
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organizations and other non-profit philanthropic private
organizations.
Section Eighteen. 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 September 14, 1995.