[R.O. 2012 §135.010; CC 2007 §140.010; CC 1979
§25.010]
A. Department
heads are hereby designated as purchasing agents for the City. The
City Clerk, 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 appropriate
department head 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. 2012 §135.020; CC 2007 §140.020; CC 1979
§25.020]
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 City Clerk 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' catalogue file. Said catalogue
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. 2012 §135.030; CC 2007 §140.030; CC 1979
§25.145]
The Department heads may make purchases, the total amount of any one of which is less than fifty dollars ($50.00). Purchases in excess of fifty dollars ($50.00) but less than five hundred dollars ($500.00) shall be approved by the Mayor. In case of emergency the Mayor may approve purchases not to exceed one thousand dollars ($1,000.00). Purchases in excess of one thousand dollars ($1,000.00) shall be carried out as described in Section
135.090. In such cases no bids shall be required. Provided, that numerous bids shall not be made to circumvent the requirements of Section
135.150 and the purpose of this Chapter.
[R.O. 2012 §135.040; CC 2007 §140.040; CC 1979
§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 or 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 a 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. 2012 §135.050; CC 2007 §140.050; CC 1979
§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 transacted 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. 2012 §135.060; CC 2007 §140.060; CC 1979
§25.060]
Any person who violates the provisions of Section
135.040 or Section
135.050 shall, upon conviction thereof, be punished as provided in Sections
100.220 of this Code.
[R.O. 2012 §135.070; CC 2007 §140.070; CC 1979
§25.070]
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 whatever, 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. 2012 §135.080; CC 2007 §140.080; CC 1979
§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. 2012 §135.090; CC 2007 §140.090; CC 1979
§25.090; Ord. No. 21-7, 9-13-2021]
A. All
supplies and contractual services, except as otherwise provided in
this Chapter, when the estimated cost thereof shall exceed one thousand
dollars ($1,000.00), 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 one thousand dollars ($1,000.00),
shall be sold by formal written contract to the highest responsible
bidder after due notice inviting proposals.
B. Exceptions
From The Public Bidding Process — Professional Services.
[Ord. No. 23-14, 6-12-2023]
1. The purchasing policy shall not apply to professional services and
requirements shall not be mandatory in the employment of professional
services. Professional services, include, but are not limited to,
the following:
c. Certified public accountants;
i. Sanitation services (solid waste).
[R.O. 2012 §135.100; CC 2007 §140.100; CC 1979
§25.100]
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 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 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 may also solicit sealed bids by:
a. Direct mail request to prospective vendors, or
c. By internet,
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as may seem to him/her to be in the best interest of the City.
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[R.O. 2012 §135.110; CC 2007 §140.110; CC 1979
§25.110]
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. 2012 §135.120; CC 2007 §140.120; CC 1979
§25.120]
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 further maintenance and service
for the use of the subject of the contract.
[R.O. 2012 §135.130; CC 2007 §140.130; CC 1979
§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. 2012 §135.140; CC 2007 §140.140; CC 1979
§25.130]
A. If
all bids received or the lower 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. 2012 §135.150; CC 2007 §140.150; CC 1979
§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
135.110 for the award of formal contracts.
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
135.120.
2. The City may solicit bids by:
a. Direct mail request to prospective vendors, or
c. By public notice posted on the bulletin board of the City Hall, or
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. 2012 §135.160; CC 2007 §140.170; CC 1979
§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. 2012 §135.170; CC 2007 §140.180; Ord. No. 03-8 §1, 5-15-2003]
In accord with the procedure for exercising such power pursuant
to Section 70.230, RSMo., this City may contract and cooperate with
any other municipality or political subdivision or with an elective
or appointive official thereof or with a duly authorized agency of
the United States or of this State or with other States or their municipalities
to the maximum extent granted by Section 70.220, RSMo.