[1]
Editor's Note — Ord. no. 1739 §2, adopted October
9, 2007, repealed sections 135.010 "purchasing agent designated" and
135.020 "duties generally" in their entirety. Former sections 135.010
— 135.020 derived from ord. no. 1266 §§1 — 2,
3-28-1991. At the editor's discretion, these sections have been reserved
for the city's future use.
[Ord. No. 1266 §3, 3-28-1991]
A.
Each
City department or agency shall file with the Mayor or 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 Mayor or the purchasing agent shall
prescribe.
1.
A City department or agency shall not be prevented from filing in
the same manner with the Mayor or 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.
2.
The Mayor or the purchasing agent shall examine each requisition
or estimate and shall have the authority to revise it as to quantity,
quality or estimated cost.
[Ord. No. 1266 §4, 3-28-1991]
No officer or employee of the City shall transact any business
in his/her business capacity with any business entity in any manner
which shall violate any provisions of Sections 105.450 to 105.482,
RSMo.
[Ord. No. 1266 §5, 3-28-1991]
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.
[Ord. No. 1266 §6, 3-28-1991]
[Ord. No. 1266 §7, 3-28-1991]
The Mayor and 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 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.
[Ord. No. 1266 §8, 3-28-1991; Ord. No. 1440 §1, 6-2-1998; Ord. No. 20-006, 3-10-2020; Ord. No. 22-004, 4-12-2022]
A.
When
the City negotiates any purchase or other contract, there shall be
provided ample opportunity for competitive bidding in the following
manner:
1.
If the consideration is not more than one thousand dollars ($1,000.00),
bids shall be solicited in the most expedient manner with due regard
for competitive prices and quality.
2.
If the consideration is for more than one thousand dollars ($1,000.00)
but less than five thousand dollars ($5,000.00), at least three (3)
bids shall be solicited by mail, email or telephone request from three
(3) prospective vendors from which the lowest bid with proper qualifications
shall be accepted. A record of the quotations shall be maintained.
The purchase shall be approved by the Mayor or the purchasing agent.
3.
All supplies and contractual services estimated to cost in excess
of five thousand dollars ($5,000.00) shall be purchased by formal,
written contract from the lowest responsible bidder after due notice
inviting proposals. Whenever possible, at least three (3) bids should
be obtained from prospective, qualified vendors. The Board of Aldermen
shall award the contract or purchase.
4.
The Board of Aldermen may waive the requirement for bidding and/or
due notice if the Board of Aldermen makes a finding that it is in
the best interest of the City.
[Ord. No. 1266 §9, 3-28-1991]
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 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 Mayor or purchasing agent shall also solicit sealed bids from
all responsible prospective suppliers who have requested their names
be added to a "bidders' list" which the purchasing agent 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 City Clerk shall also advertise all pending purchases or sales
by a notice posted on the public bulletin board in the City Hall.
4.
The City Clerk shall also solicit sealed bids by direct mail request
to prospective vendors and by telephone as may seem to him/her to
be in the best interest of the City.
[Ord. No. 1266 §10, 3-28-1991]
Bids shall be submitted sealed to the City purchasing agent
and shall be identified as bids on the envelope. The bids may be opened
prior to the time and place stated in the public notices for the purpose
of tabulation. The tabulation of all bids received shall be posted
for public inspection.
[Ord. No. 1266 §11, 3-28-1991]
A.
The
City reserves the right to reject any or all bids. Contracts shall
be awarded to the lowest responsible bidder. Bids shall not be accepted
from, nor contract 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;
9.
The number and scope of conditions attached to the bid.
[Ord. No. 1266 §12, 3-28-1991]
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.
[Ord. No. 1266 §13, 3-28-1991]
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. 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.
[Ord. No. 1266 §14, 3-28-1991; Ord.
No. 22-004, 4-12-2022]
Sales of surplus, obsolete or unusable property shall be based,
whenever possible, on competitive bids. The Board of Aldermen may
waive the requirement of competitive bids for sales to other government
entities. Competitive bids shall be defined as bids solicited by telephone,
email or mail.
[Ord. No. 1266 §15, 3-28-1991]
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.
[Ord. No. 1266 §16, 3-28-1991]
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.
