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Home My Public Portal AboutORD14549 SUBSTITUTE BILL NO. 2009-33 SPONSORED BY COUNCILMAN Koon ORDINANCE NO. � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2 OF THE CITY CODE REGARDING PURCHASING REQUIREMENTS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Code of the City of Jefferson is hereby amended by deleting sections 2-374, 2-396, 2-397, 2-398, 2-399, 2-400, 2-405 and 2-406. DIVISION 2.PURCHASING DIVISION Sec.2-374.Definitions. Whenever the following words appear in this division they shall have the meaning set out below: "Business"means any corporation,parinershia,individuaL sole r. rietorshi Joint stockcompany,Joint venture or any, other private legal entit City Councilor Council: Shall mean the Council of the City of Jefferson or the Parks and Recreation Commission based on the nature of the project or contract. City Administrator: Shall mean the City Administrator or the Parks and Recreation Commission based on the nature of the project or contract. "Construction" means_the__,2rQcess of building, altering, renairin , improving, or demolishing --any public infrastructure facility, includin an ublic structure public building, or other public improvements of any kind to real property.__It does not include the routine overation, 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 2rocurement or disposal of supplies,services,or construction. "Contractor"means any person having a contract with a governmental body. "Em to ee"means an individual drawing a sala from a governmental body, whether elected or not and an noncomoensated individual performing personal services for any governmental body,or any elected or atmointed official of the City. "E ui ment"means a vehicle powered by a motor traveling-on wheels or tracks and designed to be ridden by it's 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, devices which are owered by a motor and which are o erated by a person Drafter's Note: Deleted text is shown thus. Inserted text is shown thus. Substitute language is shown as thus. SUBSTITUTE walking behind the device and which said device has a purchasUrice_of np less than Five Thousand Dollars(S5000). "Person"means any business,individual,union,committee,club, other organization_ ,Yorgrou, 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 ire aration and award of contract and all hases 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_renort _which are merely incidental to the required }performance. This term shall not include emularnent_agreements_or_collective bargaining agreements. "Signature means" enter the apBropriate reference to the State's gpRlicable Digital Signature Act if enacted] fa 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 12erson usin it to have the same force and effect as a manual signature. "Supplies".means all property, ineludin but not limited to e ui ment 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 12assengers Written"or"In Writing"means the-yroduct_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. See. 2-396. Deffiritimm W!mm m icd in this do v 0 mim.oF H I s c!MOM Of HIC C 0 ty coft tile fbl 1070 i,19 Words sh-1 I ha ve the fbi In W i ng a motot and whic', aic opeinted by et pei-10.1 Oalkhig behind Hic deoice amid vdiielt said device has but excluding See.2-39!7.Vehicle Replace -te it P og am,c. . Drafter's Note: Deleted text is shown tlttm. Inserted text is shown thus. Substitute language is shown as thus. 2 SUBSTITUTE . .. . 6. IMHLOHMtOO I, [. , i. the consent OF tile eminc+ IM! FMIC11 E .., , .. lbi mmiket , s Mil 3pp�iMCCI b7 . any .... G r'-__-__ _-__________I . a '1_Li___.'�I___ il__ iJR ri ____ __. expected maiket Valte, M!IIIIQI1Gl QI 1GJVUCGGS-171ZR me fl C ,H16L ftCtLJILI . t f Drafter's Note: Deleted text is shown thus. Inserted text is shown thus. Substitute language is shown as thus. 3 SUBSTITUTE Sec.2-398.Purchases by the N'RP of vehicles. The Meet-Manager Purchasing Agent is authorized, contrary provisions of the City Code not withstanding,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 and even manner. Direct negotiations as provided in this sub-section may only be used if the Ftect f9failagel 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 FIC&-M?Magcr 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. Sec.2-399.Sale of Assets by the Vehicles The Purchasing Agent is authorized,contrary provisions of the City Code not withstanding,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 C. Solicitation of offers to purchase the asset 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 Fleet Managet 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) Ste.2-400. ffinnage to Assets P...chttscd by the VRI Drafter's Note: Deleted text is shown tlttm. Inserted text is shown thus. Substitute language is shown as thus. 4 SUBSTITUTE . i much tim . • H, I.Seg—gMim.ofFund into C - nmc oF ML al*;Ct t an G. L Ll PtIlChn',te PliCC, tilftt IT& gain shall . . 1MI ifttiuil C .-. •and a Ftel sa 1 C., Drafter's Note: Deleted text is shown thus. Inserted text is shown thus. Substitute language is shown as thus. 5 SUBSTITUTE -of the tent. Make fer zippro V 31- MpMtcd 11101 kCl V,11 He Cl UC tM 6a.MlgC 01 VV CM Milt!tCft. bCyV id 1101 1111H CX PCC t2lt i Oj[.I. fitlatlCial ORMt __IMMICeS �..4{ L1C.__.ithill till Ef& _ ` be sct m H_ .Y__ HL.- it to the Finance Di,tcyi mid the city Admi PC.i ^s. P1 Ogf nr Sale by ametion Drafter's Note: Deleted text is shown thm. Inserted text is shown thus. Substitute language is shown as thus. 6 SUBSTITUTE Solicitation of affrin 10 ptilchave the asset. %eh solicitation's shail be t1roll the Sec.2-406.Purchase of meets 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. Sec.2-406.Vehicle Pajoc reonmrittec Automotive Purchase and Re Iacement Advisor Gro The CjL Administrator m ay create an Automotive Purchase aitd ReelacementAdvisory Grow» composed of staff members_representing the various departments which have vehicles assigned to them,for the LurUose 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. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approve "" _ 2ev V jP esiding Officer Mayor ATTEST: APP ED S O FORM: City Clerk t City tounselor Drafter's Note: Deleted text is shown tams. Inserted text is shown thus. Substitute language is shown as thus. 7