Sponsored by: Finance and Administration Committee
BILL NO. 3796
ORDINANCE NO. 2013- 3735
AN ORDINANCE REPEALING DIVISION 3 OF ARTICLE V OF CHAPTER 2 OF
THE MUNICIPAL CODE RELATED PROCUREMENT AND APPROVING A NEW
DIVISION 3 IN LIEU THEREOF
Section 1. Division 3 of article V of chapter 2 of the Municipal Code is hereby repealed.
Section 2. There is hereby adopted a new Division 3 of article V of chapter 2 of the Municipal
Code in lieu thereof, entitled Procurement, as follows:
Sec. 2- 451. - Definitions
The following words, terms, and phrases, when used in this division, shall have the meaning
ascribed to them in this section, except where the context clearly indicates a different meaning:
a)
Construction
improving, or
demolishing any public infrastructure facility, including any public structure, public
building, or other public improvement of any kind to real property. It does not mean the
routine
means
operation,
the
process
routine
repair,
of
building,
or routine
altering,
repairing,
maintenance
of any
existing
public
infrastructure facility, including structures, buildings, or real property.
b)
Contract means all types of agreements, regardless of what they may be called, for the
procurement or disposal of supplies, services, or construction.
c)
Financial interest means ownership of any interest or involvement in any relationship
from
which, or as a result of which, a person within
the
past
twelve ( 12) months has
received, or is presently or in the future entitled to receive, more than five hundred
500. 00) per year, or its equivalent.
d)
Invitation to bid means all documents, whether attached or incorporated by reference,
utilized for soliciting bids.
e)
Minor informality means a mistake, excluding judgmental errors, that have negligible
material effect on price, quantity, delivery or contractual terms and waiver or correction
of such mistake does not prejudice other bidders or offerors.
f)
Professional services means those services requiring specialized knowledge, education
or
skill
and
where
the qualifications
of
the
person( s)
rendering the services are of
primary importance. Professional services shall include but not be limited to appraisers,
land
surveyors,
attorneys,
architects,
engineers,
psychologists,
physicians,
health
practitioners, auditors, systems and software analysts and professional consultants.
g)
Public notice means the distribution or dissemination of information to interested
parties
using
methods
that
are
reasonably
available.
Such methods may include
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publication in newspapers of general circulation, electronic or paper mailing lists, and
web sites designated and maintained for that purpose.
h) Request for
proposals
means
all
documents,
whether attached or incorporated by
reference, utilized for soliciting proposals.
i)
Responsible bidder means a person who has the capability in all respects to perform
fully the contract requirements, and the integrity and reliability that will assure good
faith performance.
j)
Responsive bidder means a person who has submitted a bid that conforms in all material
respects to the invitation to bid.
k)
Services mean the furnishing of labor, time, or effort by a contractor, not involving the
delivery of a specific end product other than reports or drawings.
1)
Specification means any description of the physical or functional characteristics, or of
the nature of a supply, service, or construction item. It may include a description of any
requirement for inspecting, testing, or preparing a supply, service, or construction item
for delivery.
m)
Supplies
all
mean
property,
including
but
not
limited to
commodities,
equipment,
vehicles, materials, printing, insurance and leases of real property, excluding land or a
permanent interest in land.
n)
Surplus supplies means any supplies other than expendable supplies no longer having
any use to the city. This includes obsolete supplies, vehicles and equipment, scrap
materials, and nonexpendable supplies that have completed their useful life cycle.
o)
Written or in writing means the product of any method of forming characters on paper,
other
materials,
or
viewable
screens,
that
can
be
read,
retrieved,
and
reproduced,
including information that is electronically transmitted and stored.
Sec. 2- 452. a)
Office of purchasing agent.
Establishment. There is hereby established the office of purchasing agent who shall be
appointed
by
the
city
administrator.
The city administrator shall serve as ex officio
purchasing agent until the office is filled by appointment.
b)
Scope ofpurchasing authority; duties. The purchasing agent is hereby authorized, and it
shall be the agent' s duty, to purchase or contract for all supplies and services needed by the
city in accordance with purchasing procedures, as prescribed by this division, and such rules
and regulations as the agent shall adopt for the internal management and operation of the
office of purchasing and such other rules and regulations as shall be prescribed by the city
council.
c)
Other powers and duties. In addition to the purchasing authority conferred above and in
addition to other powers and duties conferred by ordinance, the purchasing agent shall:
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1)
Minimum expenditure. Act to procure for the city the highest quality in supplies and
services at the least expense to the city.
2)
Encourage competition. Discourage uniform bidding and endeavor to obtain as full and
open competition as possible on all purchases and sales.
3)
Rules and regulations. Establish and amend, when necessary, all rules and regulations
authorized by this division and any other rules and regulations necessary to its
operation.
4)
Keep informed of current developments in the fields of
purchasing, prices, market conditions and new products, and secure for the city the
Purchasing
analysis.
benefits of research done in the field of purchasing by other governmental jurisdictions,
national technical societies, trade associations having national recognition and private
businesses and organizations.
5)
Forms.
Prescribe and maintain such forms as are reasonable and necessary to the
implementation of this division.
6)
Bulk purchases. Exploit the possibilities of buying in bulk so as to take full advantage
of discounts.
7)
Tax exemptions. Act so as to procure for the city all tax exemptions to which it is
entitled.
8)
Inventories and supplies. Exercise general supervision and control over all inventories
and supplies belonging to the city.
9)
Disposal of surplus property. Sell, trade, or otherwise dispose of surplus supplies
equipment, vehicles and property belonging to the city.
Sec. 2- 453. - Purchasing regulations.
No purchases or contracts for services or supplies of any kind or description, payment for
which is to be made from funds of the city, shall be made by the purchasing agent or any officer,
employee, or agent of the city except in the manner hereafter set forth.
a)
Purchases
than
one
under $
1, 200. Whenever any purchase of supplies or equipment costs less
thousand
two
hundred
dollars ($ 1, 200. 00)
an employee selected by a
department head, with the approval of the city administrator, may procure the items as
needed on the open market with such competition as is reasonable and practical under
the circumstances.
b)
Purchases costing $ 1, 200 to $ 5, 000.
Whenever any purchase or contract for supplies or
services is for of one thousand two hundred dollars ( 1, 200) or more and less than five
thousand
dollars ($ 5,
000.00. 00) a department head may procure the items as needed on
the open market with such competition as is reasonable and practical under the
circumstances.
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Purchases costing$ 5, 000 to $
c)
or services costs
five
10, 000. Whenever any purchase or contract is for supplies
thousand
dollars ($ 5, 000. 00) or more but less than ten thousand
dollars ($ 10, 000. 00) a department head shall obtain at least three ( 3) quotations from
qualified vendors for the supplies or services to be purchased. The quotations may be
obtained orally and the award for purchase or contract given to the lowest responsible
bidder. The quotations shall be submitted in written form to the finance director who
shall approve the purchase or contract in accordance with the approved purchasing
regulations.
d) Purchases costing from $ 10, 000 to $
services
supplies
or
eighteen
thousand
costs
18, 000. Whenever any purchase or contract is for
ten thousand dollars ($ 10, 000. 00)
or more but less than
dollars ($ 18, 000. 00), the department head shall solicit at least three
3) written quotations for the item or items to be purchased. The quotations shall be
submitted in written form to the purchasing agent who shall approve the purchase or
contract to the lowest responsible bidder in accordance with the approved purchasing
regulations.
e)
Items costing
more
than
over $
eighteen
18, 000. Every purchase or contract for supplies or services costing
thousand
dollars ($ 18, 000. 00) shall require the prior approval of the
city council, except as otherwise provide for in this division.
Whenever any purchase or contract for supplies or services is for the sum of eighteen
thousand
dollars ($
18, 000. 00) or more the purchasing agent shall cause to be published a notice
inviting bids. All publicity shall be in conformance with applicable laws of the state of Missouri.
The
notice
shall
be
published at
least ten ( 10) calendar days prior to the date set for the
receipt of the bids. The purchasing agent may allow more time for the preparation and submittal
of bids whenever the contemplated purchase of supplies or services indicates that a longer period
of time will be required for vendors to complete and submit bids.
The notice herein required shall include a general description of the supplies to be purchased
or services to be performed and the time and place for opening bids. In addition, the purchasing
agent shall post a notice inviting bids in the government center, and may also publish such other
public notices as the agent deems appropriate to obtain a reasonable number of qualified bidders.
Upon the public opening of the sealed bids, the purchasing agent shall review and investigate all
bids received and shall then make a report to the city council based upon said investigation as to
which responsible bidder has submitted the lowest responsive bid.
Sec. 2- 454. -
Bidding procedures.
The purchasing agent and all parties contracting with the city shall follow the following
procedures in relation to all bids submitted:
a)
All public notices and invitations to bid shall state the time and place for opening.
b)
All bids shall be submitted sealed to the city official or party designated in the invitation
to bid and shall be identified externally as a " bid".
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c)
All sealed bids shall be opened in public in the presence of one ( 1) or more witnesses at
the time and place stated in the public notice.
d)
A tabulation of all bids received as well as each bid shall be available in the government
center for public inspection.
e)
The city council shall have authority to reject any and all bids or any part of any bid and
may readvertise or resolicit bids whenever the council deems it to be in the best interest
of the city. Invitations to bid shall state this policy.
f)
A written request for the withdrawal of a bid, or any part thereof, shall be granted if the
request is received by the purchasing agent prior to the specified time bids are due.
Bids, amendments to bids, or requests for withdrawal of bids received by the purchasing
agent after a bid opening has commenced shall not be considered.
Sec. 2- 455. -
Determining the lowest responsible and responsive bidder.
It is the responsibility of the purchasing agent or the head of the department making the
purchase to review and investigate all bids received and to make a report thereon to the city
council regarding the lowest responsible and responsive bidder for the entire contract or for any
part thereof. The city reserves the right to waive minor informalities in determining the lowest
responsible and responsive bidder.
In determining the lowest responsible and responsive bidder, the purchasing agent or
department head shall consider:
a)
Conformity to the specifications contained in the invitation to bid.
b)
The ability, capacity and skill of the bidder to perform the contract or provide the
services required.
c)
Whether the bidder can perform the contract to provide the services promptly or within
required time periods without delay or interference.
d)
The quality of performance of previous contracts or services.
e)
The previous and existing compliance by the bidder with laws and ordinances of the
city and the state.
f)
The financial resources and the ability of the bidder to perform the contract or provide
the service.
g)
The quality, availability and adaptability of the supplies or services.
h)
Life cycle costs.
Sec. 2- 456. - Approval of purchases.
a)
All contracts must be for supplies or services covered by a category in the budget for the
current fiscal year as approved by the city council. Any purchase of an item not provided for
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in the current fiscal year budget must receive the prior approval of the city council. The
purchasing agent is authorized to approve all purchases complying with this division.
b)
Change orders. The purchasing agent is authorized to approve change orders in contracts
awarded by the city council so long as the proposed changes were initiated by the staff or a
construction manager under contract to the city, or are in response to conditions unforeseen
at the time the contract was awarded, the total cost of said change orders does not exceed ten
10) percent of the value of the contract or an amount determined by the council at the time
of the award of the contract, does not materially alter the purpose of the contract, and
sufficient funds are available in the current year's budget.
c)
Blanket purchase contracts. Blanket purchase contracts may be used for vendors from
whom many routine purchases are made. The purchasing agent is authorized to expend
funds exceeding
eighteen
thousand dollars ($
18, 000.00) for supplies and services under a
blanket purchase contract for a fixed period of time that was approved by the city council.
d)
Authorized annual contracts. The purchasing agent is authorized to approve annual contracts
for the purchase of electric service, street lighting service, telephone service, water service,
and gas service from current providers of said services, and for the renewal of computer
software
licenses
and
maintenance
contracts,
so long as the total cost of said annual
contracts does not exceed the amount approved in the current year's budget for said purpose.
Sec. 2- 457. a)
Bid security, performance/ payment bonds.
Bid security. Bid security, in the form of a bond provided by a surety company authorized to
do business in Missouri or the equivalent in cash, shall be required for all competitive sealed
bidding for construction contracts. Bid security shall be in an amount equal to at least five
5) percent of the amount bid. After bids are opened, they shall be irrevocable for the period
specified in the invitation for bids. The bid security shall 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.
b)
Contract performance and payment bonds. When a construction contract is awarded that
provides for interim payments prior to the completion of the project, the following bonds or
security shall be delivered to the city and shall become binding on the parties upon
execution of the contract:
1)
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 Best's or
AA" from Standard and Poor's to show it is solvent, in an amount equal to one hundred
100) percent of the portion of the contract that does not include the cost of operation,
maintenance, and money, along with; and
2)
A
bond satisfactory to the city attorney, executed by a surety company
to do business in Missouri and having rating of at least " A+" from Best' s or
payment
authorized
AA" from Standard and Poor's to show it is solvent, for the protection of all persons
supplying labor and material to the contractor or its subcontractors for the performance
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of construction work provided for in the contract. The bond shall be in an amount equal
to one hundred ( 100) percent of the portion of the contract price that does not include
the cost of operation, maintenance, and money.
3)
Authority to require additional bonds. In addition to the requirements set forth above,
the purchasing agent shall have the authority to require a performance/ payment bond in
cash or otherwise for such amount that he may deem sufficient to secure the execution
of a contract for furnishing supplies or services for the best interests of the city.
4)
Return of bid surety. Bonds and checks shall be returned to the unsuccessful bidders
after an award has been made or bids have been rejected.
Sec. 2- 458. - Legal and contractual remedies.
a)
Right to protest. Any actual or prospective bidder, offer, or contractor who is aggrieved in
connection with the solicitation or award of a contract may protest to the purchasing agent.
The protest shall be submitted in writing within ten ( 10) calendar days after such aggrieved
person knows or should have known the facts giving rise thereto.
b)
Authority to resolve protest. The purchasing agent shall have the authority, prior to the
commencement of an action in court concerning the controversy, to settle and resolve a
protest arising out of these regulations. This authority shall be limited to settlement within
the scope of the solicitation and the regulations contained in this division.
c)
Decision. If the protest is not resolved by mutual agreement, the purchasing agent shall
promptly issue a decision in writing. The decision shall state the reasons for the action taken
and inform the protestant of its right to review by the city council. A copy of the decision
shall be mailed or otherwise furnished immediately to the protestant.
d)
Finality. A decision by the purchasing agent shall be final and conclusive unless the
protestant
submits
a written
appeal
to the
council
within
three ( 3)
working days of the
receipt of the purchasing agent's decision.
e)
Stay ofprocurement during protests. In the event of a timely protest under this section, the
city shall not proceed further with the solicitation of or the award of a contract until the
purchasing agent makes a written determination that the award of the contract without delay
is necessary to protect substantial interests of the city.
f)
Debarment ofsuppliers. The purchasing agent shall have the authority, after conferring with
the city attorney, to debar suppliers from receiving any business from the city for a stated
period of time, not to exceed three ( 3) years. The causes for debarment shall include:
1)
Conviction for commission of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the performance of
such contract or subcontract;
2)
Conviction under state or federal statutes of embezzlement, theft, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a
City of Maryland Heights
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lack of business integrity or business honesty that seriously and directly affects
responsibility as a city contractor;
3)
Conviction under state or federal antitrust statutes arising out of the submission of bids
or proposals;
4)
Deliberate failure without good cause to perform in accordance with the specifications
or within the time limit provided in a contract;
5)
A recent record of failure to perform or of unsatisfactory performance in accordance
with
the terms
of one (
1) or more contracts; provided that said failure to perform was
caused by acts beyond the control of the contractor;
6)
Any other cause the purchasing agent determines is so serious and compelling as to
affect responsibility as a city contractor, including debarment by another governmental
agency for any cause listed in regulations.
A decision by the purchasing agent to debar shall be final and conclusive, unless the
debarred person submits a written appeal to the city council within three ( 3) working days of the
receipt of the purchasing agent's decision.
g)
Default. In the case of default by the contractor, the city reserves the right to procure the
product( s) or service( s) from other sources and hold the original contractor responsible for
any excess costs occasioned or incurred thereby.
Sec. 2- 459. In the
Sole source purchasing.
event
that there is only
one (
1)
supplier capable of providing a particular service,
equipment or supplies, requirements contained herein shall not be applicable and the purchasing
agent is authorized to proceed with the purchase of such services, equipment or supplies. The
determination that there is only
one (
1)
source for the required service, equipment or supplies
must be justified in writing by the requesting department head and approved by the purchasing
agent.
Sole source procurements cannot be used to avoid competition nor does it waive the obligation of
the requesting department head to procure for the city the highest quality in supplies and services at
the least expense to the city
The following items may be approved for sole source procurement:
a)
Interface upgrades, add- on parts and components to existing, city owned equipment that
requires total compatibility assurance; license renewals for city owned software, and
repair and maintenance for city owned equipment and software for which it is
technologically and cost effective to procure from the original seller or manufacturer;
b)
Materials for resale in city concession operations that are purchased in response to
customer demands;
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c)
Spot market purchases that are evidenced to provide a substantial savings to the city and
that are approved by the purchasing agent. Any purchase of a dollar amount requiring
council approval shall be submitted for review at the next scheduled council meeting;
d)
Specialized computer software for network applications that have been technically
reviewed, tested and justified by the city's information technologies division, and that
are obtainable from a single source. This shall not apply to individual PC software
obtainable from multiple suppliers;
e)
Professional services, as determined by the head of the using department.
Sec. 2- 460. - Miscellaneous.
a)
Emergency purchases. In case of an emergency that requires the immediate purchase of
supplies or services and time is of the essence, the purchasing agent shall be empowered to
authorize the purchase of supplies or construction items or to secure the services needed
without complying with the procedures set forth in this division. An emergency is deemed to
exist when there is a threat or severe impairment to public health, safety, or welfare, or if a
situation exists that makes compliance with these regulations impracticable, unnecessary, or
contrary to the public interest. This subsection shall also apply to any natural disaster or civil
emergency requiring an immediate response on the part of the city. Emergency purchases
shall
be
made
with
such
as
competition
is
practicable
under
the
circumstances.
The
purchasing agent shall submit a written report to the city council, at its next scheduled
meeting, of the circumstances requiring any emergency purchase that exceeded the dollar
limit requiring council approval.
b)
Professional services. The competitive bidding requirements of this division shall not apply
to professional services. The purchasing agent is authorized and encouraged to request
proposals from qualified professionals within a required discipline whenever time and/ or
circumstances warrant.
c)
Cooperative purchasing. The requirements for competitive purchasing shall not apply to
purchases made through or with the state or any other governmental agency or organization
that operates a cooperative procurement program and will allow the city to purchase supplies
or services that the agency or organization has competitively purchased.
d)
Subdividing
prohibited.
No
contract
or
purchase
shall
be
subdivided
to
avoid
the
requirements of this division nor shall the continuous use of a vendor for consumable
supplies over time waive the requirements for competitive purchasing.
e)
Endorsements prohibited. It is the policy of the city to deny the use, in any form or medium,
of the name of the city or an employee' s name or position as supporting a vendor, product, or
service
without
the
express
permission
of
the
city
council.
The purchasing agent is
authorized to respond to requests for references, which responses shall be limited to actual
performance as it relates to customer service, delivery, or product efficiency.
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Sec. 2- 461. - Construction services and materials
a)
Statutory requirements. The purchasing agent shall include within requests for proposals, bid
solicitations and contracts for public works requirements for compliance with applicable
state and federal law, including but not limited to:
Prompt Payment Act( 34. 057 RSMo)
American Products 34. 353 RSMo)
Payment Bonds ( 107. 170 RSMo)
Proof of lawful presence ( RSMo 208. 009 RSMo
Prevailing Wage ( 290.210 RSMo et. seq.)
OSHA Training ( 292. 675 RSMo)
b)
Construction
language.
specification
The
purchasing
agent
shall
include
in
the
specifications for construction, repair, maintenance, and service projects that: 1) are funded
by tax revenues of the city; and 2) involve work to be performed by workers in the various
building trades, the following language:
The city encourages bidders to employ qualified Maryland Heights residents.
The city seeks to ensure that the highest quality workmanship will be performed on its
projects, and to that end, encourages bidders to use workers who have satisfactorily
completed apprenticeship programs developed and operated in accordance with the
policy
dated
recommendation,
January 28,
1992,
of the
Federal
Committee
on
Apprenticeship, U.S. Department of Labor, Employment and Training Administration,
Office of Work- Based Learning, Bureau of Apprenticeship and Training ( the Policy
Recommendation).
Bidders are required to certify in their bid the percentage of workers for this project who
have satisfactorily completed an apprenticeship program, as described above, for the type
of work they will perform.
c)
Purchase of construction materials. The competitive bidding requirements of this division,
with respect to the purchase of tangible personal property and materials for the purpose of
constructing, repairing, and/ or remodeling city facilities, shall be deemed to have been met
if the purchase of said property and/ or materials is made as a part of a competitively
for said construction. The purchasing agent shall include in the
contract
awarded
specifications
for
contracts
for
construction,
repair, or
remodeling
of
city facilities: 1)
the
direct purchase by the contractor or subcontractors of materials and equipment with a value
of one
thousand
dollars ($ 1, 000. 00) or more and the exclusion of sales tax on said items, as
authorized in RSMo 144. 062 as amended, and 2) a requirement that the contractor warrant
and guarantee the performance of all materials purchased pursuant to this section.
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Sec. 2- 462. - Inspections and testing.
a)
Inspections. The purchasing agent or department head shall inspect or cause the inspection
of all deliveries of supplies or services to determine their conformance with the
specifications set forth in the order or contract therefore.
b)
Tests. The purchasing agent shall have the authority to require chemical and physical tests of
samples submitted with bids and samples of deliveries that are necessary to determine their
quality and conformity with specifications. In the performance of such tests, the purchasing
agent shall have the authority to make use of any outside laboratory.
Sec. 2- 463. - Surplus supplies.
a)
Generally. All department heads shall submit to the purchasing agent, at such time and in
such form as the purchasing agent shall prescribe, reports showing stocks of all supplies,
vehicles and equipment that are no longer used or that have become obsolete, worn out or
scrapped.
b)
Transfers. The purchasing agent is hereby authorized to transfer surplus or excess stock to
other departments.
c)
Sales. The purchasing agent is hereby authorized to sell all supplies or equipment having an
estimated
value
of
less than
eighteen
thousand
dollars ($ 18, 000.00) that have become
unsuitable for public use, or to exchange the same for, or trade in the same, on new supplies
or equipment. Sales under this subsection shall be made to the highest bidder.
d)
Avoidance of conflicts. No employee of a disposing department shall directly or indirectly
purchase or agree with another person to purchase surplus or excess materials, vehicles or
equipment if the employee is, or has been, directly or indirectly involved in the purchase,
disposal, maintenance, operation or preparation for sale of the surplus or excess material,
vehicles or equipment. The purchasing agent is authorized to waive this prohibition when
the sale of surplus stock is implemented by competitive sealed bidding or by public auction.
e)
Disposal. The purchasing agent is hereby authorized to dispose of surplus supplies or
equipment that has been determined to have no appreciable value.
f)
Auctions. The use of an auction company is hereby authorized to facilitate the sale of surplus
supplies, vehicles or equipment.
g)
d)
above, the purchasing agent is
authorized to first offer for sale information technology equipment having an original cost of
Information technology. Not withstanding
subsection (
less than three thousand five hundred dollars ($ 3, 500. 00) to those appointed or elected
officials to whom it was assigned pursuant to the following schedule:
Age
of
Equipment
Percent of Original Cost
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Less than 12
months
66%
12 to 24
months
33%
24 to 36
months
20%
More than 36
months
5%
Sec. 2- 464. - Travel regulations and reimbursements.
a)
Scope of regulations. These regulations are applicable to all travel expenses incurred on
behalf of the city by all employees and officials. Where these regulations do not adequately
cover a travel situation, the purchasing agent shall adopt such rules and regulations as may
be necessary.
b)
Use ofprivate vehicles. Private vehicles may be used for travel on city business when so
authorized. Reimbursement shall be equivalent to the standard mileage rate allowed for
business use by the Internal Revenue Service, plus tolls and parking.
c)
Use of commercial carriers. Commercial airfares shall be limited to " coach" or " economy"
fares when such services are available. Reimbursement shall be equivalent to the cost of said
fare, plus associated airport parking and/ or ground transportation.
d)
Alternative travel arrangements. The purchasing agent, in advance of said travel, may
approve alternative arrangements for out of state travel. Alternative travel payments shall be
limited to the reimbursement of actual expenses in an amount not greater than ( b) or ( c)
above.
Sec. 2- 465. - Conflicts of interest.
a)
No officer or employee of the city shall participate in a contract for supplies or services
when that person knows that:
1)
The officer or employee of the city or any member of the officer's or employee' s
immediate family has a financial interest pertaining to the contract; or
2)
A business or organization in which the officer or employee, or any member of the
officer's or employee' s immediate family, has a financial interest pertaining to the
contract.
3)
Any contract in which any officer or employee of the city has a financial interest,
directly or indirectly, shall be void, except when said contract is awarded as a result of
open bidding.
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b)
Every officer and employee of the city shall not directly or indirectly solicit any gift or
accept or receive any gift, whether in the form of money, services, loans, promises or any
other form, under circumstances in which it could reasonably be inferred that the gift was
intended to influence them, or could reasonably be expected to influence them, in the
performance of their official duties or was intended as a reward for any official action on
their part.
Sec. 2- 466.—
Electronic Purchasing
The purchasing agent is authorized to establish policies and procedures for the advertising,
solicitation and receipt of bids and proposals and the disposal of surplus supplies utilizing the
internet and third-party vendors so long as such policies and procedures are consistent with state
law and the requirements of this chapter.
Section 3. This Ordinance shall be in full force and effect from and after its passage and approval.
PASSED BY THE CITY COUNCIL THIS 2IST DAY OF MARCH 2013.
MAYOR/ PRESIDING OFFICER
APPROVED BY THE MAYOR THIS,, 2Iejj DAY OF MARCH 2013.
MAYOR
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