[R.O. 2001 § 130.010; CC 1984 § 25.010]
A. The City Administrator, City Clerk and department heads are hereby
designated as Purchasing Agents for the City. He/she when authorized,
shall procure for the City bids for supplies and services needed by
the City, in accordance with the procedures prescribed by this Chapter
or required by law.
1.
Except as provided in this Chapter, it shall be unlawful for
any City Officer or employee to order the purchase of any supplies
or make any contract within the purview of this Chapter other than
through a purchasing agent, and any purchase ordered or contract made
contrary to the provisions hereof shall not be approved by City Officials,
and the City shall not be bound thereby.
[R.O. 2001 § 130.020; CC 1984 § 25.020]
A. In addition to the purchasing authority conferred in Section
135.010, and in addition to any other powers and duties conferred by this Code or other ordinance, the Purchasing Agents shall:
1.
Act to procure for the City the highest quality in supplies
and contractual services at the least expense to the City.
2.
Discourage uniform bidding and endeavor to obtain as full and
open competition as possible on all purchases and sales.
3.
Keep informed of current developments in the field of purchasing,
prices, market conditions and new products, and secure for the City
the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations
and by private businesses and organizations.
4.
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.
5.
Exploit the possibilities of buying "in bulk" so as to take
full advantage of discounts.
6.
Act so as to procure for the City all Federal and State tax
exemptions to which it is entitled.
7.
Have the authority to declare vendors who default on their quotations
irresponsible bidders and to disqualify them from receiving any business
from the municipality for a stated period of time.
[R.O. 2001 § 130.030; CC 1984 § 25.030]
No officer or employee of the City shall transact any business
in his/her official capacity with any business entity of which he/she
is an officer, agent or member or in which he/she owns a substantial
interest; nor shall be/she make any personal investments in any enterprise
which will create a substantial conflict between his/her private interest
and the public interest; nor shall be/she or any firm or business
entity of which he/she is an officer, agent or member, or the owner
of substantial interest, sell any goods or serves to any business
entity which is licensed by or regulated in any manner by the City.
[R.O. 2001 § 130.040; CC 1984 § 25.040]
No officer or employee of this City shall enter into any private
business transaction with any person or entity that has a matter pending
or to be pending upon which the officer or employee is or will be
called upon to render a decision or pass judgment. If any officer
or employee is already engaged in the business transaction at the
time that a matter arises, he/she shall be disqualified from rendering
any decision or passing any judgment upon the same.
[R.O. 2001 § 130.050; CC 1984 § 25.050]
Any person who violates the provisions of Section
135.030 or Section
135.040 shall, upon conviction thereof, be punished as provided in Section
100.220 of this Code.
[R.O. 2001 § 130.060; CC 1984 § 25.060]
The City Clerk and every other officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever, except where given for the use and benefit of the City. Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Section
100.220 of this Code.
[R.O. 2001 § 130.070; CC 1984 § 25.070]
All purchases of and contracts for supplies and contractual
services, and all sales of personal property which has become obsolete
and unusable, shall, except as specifically provided herein, be based
wherever possible on competitive bids.
[R.O. 2001 § 130.080; CC 1984 § 25.080]
A. All supplies and contractual services, except as otherwise provided
in this Chapter, when the estimated cost thereof shall exceed five
thousand dollars ($5,000.00), shall be purchased by formal, written
contract from the lowest responsible bidder, after due notice inviting
proposals; provided, however, that the formal market procedures shall
be used in the procurement of fuel for City vehicles and for insurance
without regard to the dollar amount of the purchase. All sales of
personal property which have become obsolete and unusable, when the
estimated value shall exceed five thousand dollars ($5,000.00), shall
be sold by formal written contract to the highest responsible bidder,
after due notice inviting proposals.
B. Notwithstanding the foregoing, the Board of Aldermen may determine
that it is in the best interest of the City to establish and maintain
ongoing relationships with certain professional consultants and may
maintain these relationships without formal competitive bidding (i.e.,
City Engineering Services, Electrical Engineering Services).
[R.O. 2001 § 130.090; CC 1984 § 25.090]
A. The notice required by Section
135.080 shall consist of the following:
1.
Notice inviting bids shall be published once in at least one
(1) official newspaper of the City and at least five (5) days preceding
the last day set for the 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.
2.
The Purchasing Agent shall also solicit sealed bids from all
responsible prospective suppliers who have requested their names to
be added to a "bidders' list" which the Clerk shall maintain
by sending them a copy of such newspaper notice or such other notice
as will acquaint them with the proposed purchase or sale. In any case,
invitations sent to the vendors on the bidders' list shall be
limited to commodities that are similar in character and ordinarily
handled by the trade group to which the invitations are sent.
3.
The Purchasing Agent shall also advertise all pending purchases
or sales by a notice posted on the public bulletin board in the City
Hall.
4.
The Purchasing Agent shall also solicit sealed bids by:
a.
Direct mail request to prospective vendors;
b.
By telephone, as may seem to him/her to be in the best interest
of the City; and
c.
By fax, Internet, e-mail or other electronic means.
[R.O. 2001 § 130.100; CC 1984 § 25.100]
Bids shall be submitted sealed to the City Clerk and shall be
identified as bids on the envelope. They shall be opened in public
at the time and place stated in the public notices. A tabulation of
all bids received shall be posted for public inspection.
[R.O. 2001 § 130.110; CC 1984 § 25.110]
A. Contracts shall be awarded to the lowest responsible bidder. Bids
shall not be accepted from, nor contracts awarded to, a contractor
who is in default on the payment of taxes, licenses or other monies
due the City. In determining "lowest responsible bidder," in addition
to price, the following shall 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;
6.
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service;
7.
The quality, availability and adaptability of the supplies or
contractual services to the particular use required;
8.
The ability of the bidder to provide future maintenance and
service for the use of the subject of the contract; and
9.
The number and scope of conditions attached to the bid.
[R.O. 2001 § 130.120; CC 1984 § 25.120]
All bids shall be accepted or rejected by the Board of Aldermen.
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
entered upon the journal of the Board.
[R.O. 2001 § 130.130; CC 1984 § 25.130]
A. If all bids received or the lowest bids received are for the same
total amount or unit price, quality and service being equal, the contract
shall be awarded to a local bidder.
B. Where there is no local low bidder, the award shall be made on the
basis of a drawing of lots to be held in public.
[R.O. 2001 § 130.140; CC 1984 § 25.140]
A. All purchases of supplies and contractual services, and all sales of personal property which has become obsolete and unusable for which competitive bidding is not required by Section
135.080 of this Code, shall be made in the open market without newspaper advertisement and without observing the procedure prescribed by Section
135.100 for the award of formal contract; provided, however, that the formal market procedures shall be used in the procurement of fuel for City vehicles and for insurance without regard to the dollar amount of the purchase.
1.
All open market purchases shall, whenever possible, be based on at least three (3) competitive bids and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in Section
135.110.
2.
The City shall solicit bids by:
a.
Direct mail request to prospective vendors;
c.
By public notice posted on the bulletin board of the City Hall;
and
d.
By fax, Internet, e-mail or other electronic means.
3.
The City Clerk shall keep a record of all open market orders
and the bids submitted in competition thereon, and such records shall
be open to public inspection.
[R.O. 2001 § 130.150; CC 1984 § 25.150]
In case of an apparent emergency which requires immediate purchase
of supplies or contractual services, the Board of Aldermen may authorize
the purchase at the lowest obtainable price of any supplies or contractual
services regardless of the amount of the expenditure. A full explanation
of the circumstances of an emergency purchase shall be recorded in
the journal of the Board of Aldermen.
[R.O. 2001 § 130.160; CC 1984 § 25.160]
To the maximum extent practicable the purchases of this City
shall be made under the provisions of the Missouri State-Local Technical
Services Act. The provisions of this Chapter requiring competitive bidding
at the local level shall not apply to such purchases.
[R.O. 2001 § 130.170; CC 1984 § 25.170]
Each Purchasing Agent may, on his/her own authority, contract
for supplies not to exceed one thousand dollars ($1,000.00) total
cost per order. Larger purchases must be approved in advance by the
Board of Aldermen.