[R.O. 2011 §2-133; Code 1977 §25.010]
A.
The
City Administrator or such other person as the Board of Aldermen may
designate by ordinance is the purchasing agent for the City. The purchasing
agent, 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.
B.
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 the 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. 2011 §2-134; Code 1977 §25.020; Ord. No. 3525, 10-25-2022]
A.
In
addition to the purchasing authority conferred in the preceding Section,
and in addition to any other powers and duties conferred by this Code
or other ordinance, the purchasing agent 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.
Exploit the possibilities of buying "in bulk" so as to take full
advantage of discounts.
5.
Act so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
6.
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. 2011 §2-135; Code 1977 §25.030]
A.
Each
City department or agency shall file with the purchasing agent 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 agent shall prescribe.
B.
A City
department or agency shall not be prevented from filing, in the same
manner, with the purchasing agent 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.
C.
The
purchasing agent shall examine each requisition or estimate and shall
have the authority to revise it as to quantity, quality, or estimated
cost.
[R.O. 2011 §2-136; Code 1977 §25.040]
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 of in which he/she owns a substantial
interest; nor shall he/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 he/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 services to any business
entity which is licensed by or regulated in any manner by the City.
[R.O. 2011 §2-137; Code 1977 §25.050]
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. 2011 §2-138; Code 1977 §25.060]
[R.O. 2011 §2-139; Code 1977 §25.070]
The purchasing agent 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 100.230 of this Code.
[R.O. 2011 §2-140; Code 1977 §25.080]
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. 2011 §2-141; Code 1977 §25.090; Ord. No. 3526, 10-25-2022]
All supplies and contractual services, except as otherwise provided
in this Chapter, when the estimated cost thereof shall exceed twelve
thousand dollars ($12,000.00), shall be purchased by formal, written
contract from the lowest responsible bidder, after due notice inviting
proposals. All sales of personal property which has become obsolete
and unusable, when the estimated value shall exceed twelve thousand
dollars ($12,000.00) shall be sold by formal written contract to the
highest responsible bidder, after due notice inviting proposals.
[R.O. 2011 §2-142; Code 1977 §25.100; Ord. No. 2898 §1, 2-17-1998; Ord. No. 3527, 10-25-2022]
A.
The
notice required by the preceding Section 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 City Clerk shall also advertise all pending purchases or sales
by a notice posted on the public bulletin board in the City Administration
Building.
[R.O. 2011 §2-143; Ord. No. 2904 §1, 2-17-1998]
Bids shall be submitted sealed to the Purchasing Agent 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. 2011 §2-144; Ord. No. 2998 §1, 12-17-2001]
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, license or other monies due the City.
All bids received pursuant to this Section that are submitted by individuals
or businesses with their principal place of business located in Dent
County, Missouri, shall be multiplied by a preference factor of ninety-five
hundredths (.95) that will reduce the bid amount for purposes of consideration
by the City in awarding the contract for goods or services.
B.
The
actual bid amount multiplied by the appropriate preference factors
shall be termed the adjusted local bid amount. The adjusted local
bid amount shall be used in lieu of the actual bid amount in comparing
competitive bids.
C.
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;
9.
The number and scope of conditions attached to the bid.
[R.O. 2011 §2-145; Code 1977 §25.125]
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. 2011 §2-146; Code 1977 §25.130]
[R.O. 2011 §2-147; Code 1977 §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 135.090 of this Code shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 135.110 for the award of formal contracts.
B.
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 135.120.
D.
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. 2011 §2-148; Code 1977 §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 any supplies or contractual
service 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. 2011 §2-149; Code 1977 §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.