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HomeMy WebLinkAbout2107 Amendin City Code Chapter 135 Purchasing PolicyBILL NO.2025-069 ORDINANCE NO. q\0 7 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 135 PERTAINING TO CONTRACTS AND PURCHASING BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1— AMENDMENT. That City Code Chapter 135 is hereby amended to read as follows: Section 135.010. Purpose. This policy establishes guidelines and procedures governing the procurement of materials, supplies, equipment, and services for the City. This policy supersedes all prior purchasing directives, memoranda, and practices. For purposes of this policy, "Contract" means all types of agreements, regardless of what they may be called, for the procurement or disposal of supplies, services or construction. The expenditure of all City funds will be covered by this policy. Section 135.020. Duties Generally. In addition to any other power and duties conferred by this or any other ordinance, the City Administrator or their designee will: 1. Act as the Purchasing Agent for the City, implementing the adopted policies and adjusting spending targets to address budget compliance. 2. Act to procure for the City the highest quality in supplies and contractual services at the least expense to the City. 3. Prepare and adopt written specifications for all supplies and services, as required. 4. Prescribe and maintain such rules and regulations and such forms as are necessary for the operation of the purchasing function. 5. Inspect or supervise the inspection of all deliveries regarding quantity, quality and conformance to specifications. 6. Pursue all appropriate claims against the suppliers, shippers or carriers. Section 135.030. Unauthorized Contracts and Purchases. Personal purchases made with City funds or made on a City charge account will be subject to immediate repayment of the funds to the City and may result in disciplinary action. Section 135.040. Purchasing Principles All purchasing will demonstrate reasonable and good faith effort to obtain optimal quality at the lowest possible cost. The City encourages competition among suppliers and seeks to consolidate purchases when possible to obtain volume discounts. For quality control, all deliveries must be inspected for quantity, quality, and specification compliance. The City maintains written specifications for supplies and services and pursues claims against suppliers, shippers, or carriers as appropriate. Section 135.050. Purchasing Process. Any vendor doing business with the City must provide a completed W-9 form before any payments for goods or services will be made. It is the responsibility of the requisitioning department to obtain this document from any selected vendor before the goods or services are purchased. The Finance Department maintains vendor files on this information and can verify this information has been received. It is the responsibility of the department administering the contract to verify delivery of all goods and services related to the project prior to requesting partial or full payment. Original invoices are required for any payment to be made. Statements do not qualify as original invoices. In the event of a lost invoice, a clearly -marked duplicate from the vendor will be considered as a substitute for the original. To approve payment, the City requires clear, detailed invoices that include: 1. Detailed and itemized description of goods and services provided 2. Invoice number, service date, and invoice date 3. Complete vendor information 4. Total amount due Notwithstanding any provision of this Section to the contrary, the City Administrator is authorized to approve deposit payments on equipment purchases. Deposits must be reasonable, customary, and documented in the contract or purchase agreement. All deposits shall be supported by a formal invoice, purchase order; or contractual obligation specifying the balance due and delivery timeline. Section 135.060. Contracts. All contracts where the cost to the City exceeds $50,000.00 will be in a form approved and countersigned by the City Attorney. 2. The City Administrator is hereby authorized to bind the City by written contract for goods or services or make an equipment purchase when the value of the contract or purchase does not exceed $25,000 and the contract or purchase is covered by a category in the budget for the current fiscal year as approved by the Board of Aldermen. When the monetary limit is exceeded, Board of Aldermen approval is required. Change Orders. The City Administrator is authorized to approve change orders in contracts awarded by the Board of Aldermen so long as the total cost of the change orders does not exceed ten percent (10%) of the value of the contract or an amount determined by the Board of Aldermen at the time of the award of the contract, and does not materially alter the purpose of the contract and sufficient funds are available in the current year's budget. The City Administrator will report all change orders to the Board of Aldermen within 15 days of their approval. 4. Authorized Annual Contracts. The City Administrator is authorized to approve annual contracts for essential utility services, including electricity, telephone, water, and gas, as well as the renewal of computer software licenses and maintenance contracts. These approvals may be granted regardless of the service provider, provided that the total cost of the contracts does not exceed the amount allocated for such purposes in the current year's budget. Utility bills for essential services such as electricity, water, gas, sewer, and telecommunications shall be considered recurring and necessary expenses. To ensure timely payment and avoid service interruptions, utility invoices may be paid upon receipt without requiring additional approvals, provided the charges are consistent with prior billing cycles and budget allocations. Section 135.070. Cooperative Purchasing. Cooperative purchasing offers significant advantages to the City by reducing the administrative burden on Department Heads and leveraging the cost savings associated with large-scale procurement by other governmental entities. Accordingly, purchases may be made through cooperative purchasing programs sponsored by any state or local government, provided that such programs include a process ensuring notice and an opportunity for competitive bidding. Purchases made through an approved cooperative purchasing program shall be exempt from the requirements of this Section. Section 135.080. Approval Thresholds and Bidding Procedures. A. The following approvals must be obtained before purchases are initiated: Purchase Amount Approving Authority $0 - 4,999.99 Department Head $5,000 - 24,999.99 Department Head and City Administrator $25,000 and up Dept Head, City Administrator and Board of Aldermen B. Departments requiring purchases that will exceed their Departmental budget authorization must submit the request to the City Administrator and Finance Director for a formal budget amendment prior to initiating the purchase. C. When the City negotiates any purchase, sale or other contract, there will be provided ample opportunity for competitive bidding in the following manner: 1. If the consideration is less than $5,000, purchases will be solicited in the most expedient manner with due regard for competitive prices and quality. 2. If the consideration is equal to or in excess of $5,000 but less than $25,000, reasonable effort must be made to obtain at least three (3) documented quotes provided to the City Administrator for approval before the purchase is made. These quotes will be retained by the Finance Department for audit purposes. 3. All purchases of supplies, equipment, and contractual services estimated to cost equal to or in excess of $25,000.00 will be obtained by a process of sealed bids after due opportunity for competition which will include at a minimum posting of the bid solicitation on the City's website. Additionally, services subject to competitive bidding include those that are predictable, recurring, or have an aggregate annual expenditure exceeding bid thresholds. 4. Individual contracts, services, projects or purchases will not be subdivided for the purpose of evading the requirement of competitive bidding. The procurement of several items of the same type at substantially the same time is a single purchase for the purpose of this policy. D. Notwithstanding any of the provisions of this Section, the City may, upon concurrence of a majority vote of the members of the Board of Aldermen, enter into any contract for the purchase of goods or services without utilizing the bidding procedures as required, when, in the opinion of the Board of Aldermen, doing so is deemed to be in the best interest of the City. E. AUCTIONEERING: The practice of "auctioneering" (disclosing to a vendor the price quoted by competitors) is prohibited and may result in disciplinary action. F. The requirement for competitive bidding applies only to contracts that are naturally competitive. A contract is considered naturally competitive when multiple vendors are reasonably available to provide comparable goods or services under similar terms. If a contract is not naturally competitive due to factors such as specialized expertise, proprietary technology, manufacturer authorization, or unique service requirements, the City may proceed with alternative procurement methods, including sole source purchasing, subject to appropriate approvals. An example of a contract that is not naturally competitive is vehicle repair requiring diagnostic work to first identify the problem. In such cases, competitive pricing may not be obtainable until after an initial inspection is performed by a qualified service provider. Section 135.090. Lowest Responsible Bidder. The Board of Aldermen reserves the right to reject any or all bids and to award the bid in the best interest of the City. The City may readvertise or resolicit bids whenever it is deemed to be in the best interest of the City. Contracts will be awarded to the lowest responsible bidder. In determining the "lowest responsible bidder," in addition to price, the following will be considered: 1. The ability, capacity and skill of the bidder to perform the contract or provide the service required. 2. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience and efficiency of the bidder. 4. The quality of performance of previous contracts or services. 5. 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 service. The quality, availability and adaptability of 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. The number and scope of conditions attached to the bid. Section 135.100. Bid Security, Performance/Payment Bonds for Construction Contracts. Bid Security. For public works contracts over $50,000, bid security, in the form of a bond provided by a surety company authorized to do business in Missouri, or the equivalent in cash, will be required for all competitive sealed bidding for construction contracts. Bid security will be in an amount equal to at least five percent (5%) of the amount bid. After bids are opened, they will be irrevocable for the period specified in the invitation for bids. The bid security will be forfeited to the City if the bidder to whom an award is made fails to enter into the required contract or fails to deliver a required performance or payment bond. Contract Performance And Payment Bonds. When a public works contract is awarded, the following bonds or security will be delivered to the City and will become binding on the parties upon execution of the contract: 1. For contracts over $50,000, a performance bond satisfactory to the City Attorney, executed by a surety company authorized to do business in Missouri and having a rating of at least "A-" from A.M. Best, in an amount equal to one hundred percent (100%) of the portion of the contract that does not include the cost of operation, maintenance and money; and 2. For contracts over $50,000, a payment bond satisfactory to the City Attorney, executed by a surety company authorized to do business in Missouri and having a rating of at least "A-" from A.M. Best, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of construction work provided for in the contract. The bond will be in an amount equal to one hundred percent (100%) of the portion of the contract price that does not include the cost of operation, maintenance and money. 3. In lieu of a surety bond as provided herein, the following forms of securities may be delivered in an amount equal to one hundred percent (100%) of the portion of the contract that does not include the cost of operation, maintenance and money: a. An irrevocable letter of credit drawn on a local financial institution acceptable to and in a form approved by the City Attorney. 4. Return of bid surety. Bonds and checks will be returned to the unsuccessful bidders after an award has been made or bids have been rejected. Section 135.110. Sole Source Purchasing. In the event that there is only one (1) firm, company or individual capable of providing a particular service or supplies, requirements contained above shall not be applicable and the City Administrator is authorized to proceed with the purchase of such services or supplies as are required by the City. The determination that there is only one (1) source for the required service or supplies must be made in writing by the requesting department head and approved by the City Administrator. Sole source purchases exceeding $20,000 require approval by the Board of Aldermen, consistent with the City's approval thresholds The following items may be approved for sole source procurement: 1. Only one vendor can provide the required item/service due to: a) Unique technical specifications b) Proprietary technology or methods c) Exclusive rights or patents 2. Standardization requirements with existing systems 3. Factory -authorized warranty service requirements 4. Unique expertise or specialized knowledge 5. A vendor holds exclusive territory distributorship rights and is the only authorized seller within a defined region In the event of a sole source purchase the required documentation is: 1. Market research showing lack of competition 2. Technical justification 3. Price reasonableness analysis 4. Proper approval based on dollar threshold Section 135.120. Domestic Products Procurement Policy. It is the policy of the City of Riverside, Missouri, to encourage the purchase of products manufactured or assembled or produced in the United States. The Mayor will certify in writing pursuant to the Missouri Domestic Products Procurement Act that the City of Riverside has adopted a formal written policy to encourage the purchase of products manufactured, assembled or produced in the United States. It is the intent of the Board of Aldermen that, by virtue of the adoption of the policy stated in this Section, Section (3) of the Missouri Domestic Products Procurement Act will not apply to the City, pursuant to the provisions of that Act. Section 135.130. Emergency Purchases. A. The City Administrator is authorized to make emergency purchases to support the function and operations of the City. Department Heads faced with a situation that may require an emergency purchase are to request approval from the City Administrator prior to initiating purchases. B. Emergency Purchases are intended to: 1. Prevent or mitigate immediate threats to public health or safety; 2. Prevent immediate service interruption for essential public services; 3. Address unforeseen situations requiring immediate action where delay would cause: a. Significant financial loss to the municipality; b. Critical service interruption; c. Danger to life or property. C. Emergency purchases must be: 1. Approved by the City Administrator prior to being initiated; 2. Documented with justification; 3. Limited to addressing the immediate emergency; 4. Reported by the City Administrator to the Mayor and Board of Aldermen as soon as practical; 5. Eventually regularized through proper procurement if becoming ongoing and if not already met in a bid that includes emergency response requirements in contracts with current vendors. Section 135.140. Professional Services. Competitive bidding procedures are not suitable for procuring professional services such as attorneys, engineers, certified public accountants, planners, and other specialized professionals who, in accordance with the ethical and regulatory standards of their disciplines, may not participate in a competitive bidding process. Professional services are specialized services requiring: i) advanced education or specialized training, ii) professional judgment/discretion, and/or professional licensing or certification. Common examples include: legal services, engineering services, architectural services, accounting/auditing services, medical services, information technology consulting, and planning services. Professional services typically are procured through RFP/RFQ process, focus on qualifications over price, and require a detailed scope of work. Section 135.150. Disposition of Surplus Supplies, Materials and Equipment. The City Administrator may declare personal property to be surplus when the property no longer serves the needs of the City. Surplus property may be disposed of by any of the following methods upon the determination by the City Administrator that the method of disposal is in the best interest of the City. Factors that may be considered include costs of sale, administrative costs, and public benefits to the City: 1. Governments. Without competition, by transfer to another local governmental unit. 2. Auction. By publicly advertised auction to the highest bidder. 3. Bids. By publicly advertised invitation to bid. 4. Trade -In. By trade-in, in conjunction with acquisition of other price -based items. Surplus property which has only nominal value, or for which the costs of sale are likely to exceed sale proceeds, may be disposed of by any means determined to be cost-effective, including by disposal as waste or recycling. SECTION 2— EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a mority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this `.day of , 2025. Mayor Kathleen L. Rose ATTE Sarah Wa�e,�epgty ', rya ,, �S,5oA;