City of Pacific, MO
Franklin County
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Table of Contents
Table of Contents
Cross References — Civil defense, ch. 245; court, ch. 130; elections, ch. 125; park board, §140.010 et seq; planning commission, §405.040 et seq; police department, §200.030 et seq.
[Rev. Ords. 1910 §2; CC 1976 §2-1]
The Seal of the City shall consist of a circular impression one and five-eighths (1⅝) inches in diameter, around the outer portion of which shall be imprinted in roman capital letters the words "Seal of the City of Pacific, Missouri," and the emblem of a cedar tree in the center.
[CC 1976 §2-2]
The various monies of the City shall be divided into such different and various funds as may be necessary from time to time. Such funds shall be reviewed annually and consolidated or reduced as conditions may require for ease of administration.
[Ord. No. 2554 §§1 — 3, 6-19-2007]
A. 
There is hereby established a "Contingency Reserve Fund" for the City as a separate fund for unanticipated extraordinary expenditures, revenue short falls or significant public projects that may occur.
B. 
An amount of fifteen thousand dollars ($15,000.00) shall be immediately deposited into the "Contingency Reserve Fund" to open the account and thereafter, an amount of five thousand dollars ($5,000.00) shall be transferred monthly from the "General Fund" to the "Contingency Reserve Fund" unless otherwise directed by the Board as provided in Subsection (C).
C. 
The "Contingency Reserve Fund" may be drawn on, or monthly payments to be made to such fund deferred or altered, only by a resolution approved by the Board of Aldermen after receiving a super-majority vote of the Board of Aldermen of not less than five (5) affirmative votes approving such action.
[Ord. No. 1835 §§1 — 2, 4-4-1995]
A. 
Any person submitting to the City any checks that are returned for insufficient funds and/or closed accounts shall be assessed, in addition to the underlying fee or bill, an additional fifteen dollars ($15.00) per returned check.
B. 
Said funds collected as a result hereof shall be deposited in the general accounts of the City of Pacific.
[Ord. No. 3068, 6-19-2018]
A. 
This Section is enacted pursuant to Chapter 43, Section 43.535, RSMo., for the purpose of hiring municipal employees and regulating the issuance of licenses for peddlers within the City of Pacific.
B. 
Individuals applying for employment with the City of Pacific and individuals seeking to obtain a peddler's permit pursuant to Chapter 630 of the Code of Ordinances shall submit his/her fingerprints to the Missouri State Highway Patrol, Criminal Justice Information Services (CJIS) Division, along with appropriate fees. The Missouri State Highway Patrol, CJIS Division, will compare the subject's fingerprints against its criminal file and submit the fingerprints to the Federal Bureau of Investigation ( FBI) for a comparison with national criminal history records. The results of the FBI check will be returned to the Missouri State Highway Patrol, CJIS Division, which will disseminate the State and national results to the City of Pacific.
C. 
The City of Pacific shall render a fitness determination based upon the results of the criminal background check. In rendering a fitness determination, the City of Pacific will decide whether the subject of record has been convicted of or is under pending indictment for:
1. 
A crime which bears upon his/her ability or fitness to serve in that capacity;
2. 
Any felony or a misdemeanor which involved force or threat of force, controlled substances, or was a sex-related offense; or
3. 
Enumerated disqualifiers.
D. 
The subject of record may request and receive a copy of his/her criminal history record information from the City of Pacific. Should the subject of record seek to amend or correct his/her record, he/she must contact the Missouri State Highway Patrol, CJIS Division, for a Missouri State record and the Federal Bureau of Investigation for records from other State jurisdictions maintained in its file.
[Ord. No. 2068 §1(1), 10-20-1998; Ord. No. 2328 §1, 4-1-2003; Ord. No. 2576 §1, 12-18-2007; Ord. No. 3076, 6-19-2018]
A. 
Statement Of Policy. It is the policy of the City of Pacific that all reasonable efforts shall be made to find the lowest and best price for all goods, services, materials and equipment procured by the City of Pacific. Preference shall be given to local businesses and contractors where practicable. Competitive bidding shall be required for all purchases exceeding one thousand dollars ($1,000.00) except as herein provided.
Notwithstanding the above, no purchases or contracts for services or goods of any kind or description, payment of which is to be made from funds of the City, shall be made by the officer, employee or agent of the City except in the manner hereafter set forth.
1. 
Purchase Under One Thousand Dollars ($1,000.00). Whenever any contemplated purchase or contract for goods or services is for the sum of less than one thousand dollars ($1,000.00) inclusive, the officer, employee or agent of the City may order the items as needed in accordance with the approved accounting system.
2. 
Purchases Costing One Thousand Dollars ($1,000.00) To Ten Thousand Dollars ($10,000.00) Inclusive. Whenever any contemplated purchase or contract is for goods or services costing from one thousand dollars ($1,000.00) to ten thousand dollars ($10,000.00) inclusive, the officer, employee or agent of the City shall solicit at least three (3) written quotations for the item or items to be purchased. The quotation shall be submitted in written form to the City Administrator who shall award the purchase or contract to the lowest responsible bidder.
3. 
Purchases Costing Ten Thousand Dollars ($10,000.00) To Twenty-Five Thousand Dollars ($25,000.00) Inclusive. Whenever any contemplated purchase or contract is for goods or services costing from ten thousand dollars ($10,000.00) to twenty-five thousand dollars ($25,000.00) inclusive, the officer, employee or agent of the City 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 City Administrator who shall review and investigate all bids received and shall then make a recommendation to the Board of Aldermen based upon said investigation as to which bidder has submitted the lowest responsible bid. All such purchases shall be approved by the Board of Aldermen.
4. 
Items Costing Over Twenty-Five Thousand Dollars ($25,000.00). Whenever any contemplated purchase or contract for goods or services is for the sum of more than twenty-five thousand dollars ($25,000.00) the officer, employee or agent of the City shall cause to be published in one (1) issue of a newspaper of general circulation in the City a notice inviting bids. Said notice shall be published at least ten (10) business days prior to the date set for the receipt of the bids. The officer, employee or agent of the City may allow more time for the preparation and submittal of bids whenever the contemplated purchase of goods 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 articles to be purchased or services performed and the time and place for opening bids. In addition, the officer, employee or agent of the City shall post a notice inviting bids in City Hall, and may also mail to all responsible perspective suppliers of the items to be purchased or services performed a copy of the notice inserted in the newspaper hereinbefore required. Upon opening of the sealed bids, the officer, employee or agent of the City shall review and investigate all bids received and shall then make a recommendation to the Board of Aldermen based upon said investigation as to which bidder has submitted the lowest responsible bid. All such purchases shall be approved by the Board of Aldermen.
5. 
Nothing herein shall be construed to require the Board of Aldermen to accept the lowest bid and the Board of Aldermen may reject all bids, negotiate for more favorable terms or waive any purchasing requirement herein as may be determined in the public interest.
6. 
City Administrator's Authority To Contract. In addition to any other authority that may be granted by the Board of Aldermen or specific ordinance, the City Administrator is authorized to enter into contracts for and make purchases of goods or services on behalf of the City in an amount of liability to the City not exceeding five thousand dollars ($5,000.00), provided such goods or services are within the scope and remaining amount available from an authorized budget line item within the City Budget ordinance.
[Ord. No. 3190, 5-19-2020]
[Ord. No. 2068 §1(2), 10-20-1998]
A. 
The officer, employee or agent of the City and all parties contracting with the City shall follow the procedure hereinafter set forth in relation to all bids required above.
1. 
All notices and solicitations of bids shall state the time and place for opening.
2. 
All bids shall be submitted sealed to the City Official designed in the bid packet and shall be identified as bids on the envelope.
3. 
All bids shall be opened in public at a time and place stated in the public notices.
4. 
A tabulation of all bids received shall be posted in the City Hall for public inspection.
5. 
The Board of Aldermen shall have authority to reject any and all bids and parts of all bids and readvertise or resolicit bids whenever it is deemed to be in the best interest of the City.
[Ord. No. 2068 §1(3), 10-20-1998]
A. 
It is the responsibility of the officer, employee or agent of the City to review and investigate all bids received and to make a recommendation thereon to the Board of Aldermen regarding award to the lowest responsible bidder for the entire purchase or contract or for any part thereof. In determining the lowest responsible bidder, the officer, employee or agent of the City shall consider:
1. 
The ability, capacity and skill of the bidder to perform the contract or provide the services required.
2. 
Whether the bidder can perform the contract to provide the services promptly or within required time periods without delay or interference.
3. 
The quality of performance of previous contracts or services.
4. 
The previous and existing compliance by the bidder with laws and ordinances of the City.
5. 
The financial resources and the ability of the bidder to perform the contract or provide the service.
6. 
The quality, availability and adaptability of the supplies or services.
[Ord. No. 2068 §1(4), 10-20-1998; Ord. No. 3076, 6-19-2018]
A. 
All purchase orders or contracts must be for goods or services covered by a category in the budget for the current fiscal year as approved by the Board of Aldermen. Any purchase of an item not provided for in the current fiscal year budget must receive the prior approval of the Board of Aldermen. The agent is authorized to approve all purchases after complying with the competitive shopping requirements as specified above. The agent shall also be authorized to expend funds exceeding ten thousand dollars ($10,000.00) for materials and supplies under blanket purchase order for a fixed period of time that was issued as a result of competitive bidding and Board of Aldermen approval of the lowest responsible bidder.
B. 
All purchases of goods and services costing in excess of ten thousand dollars ($10,000.00) shall be approved in advance by the Board of Aldermen except as provided hereinafter.
[Ord. No. 2068 §1(5), 10-20-1998; Ord. No. 3076, 6-19-2018]
A. 
Exclusive Service. In the event that there is only one (1) firm or company or individual capable of providing a particular service or commodity and said services or commodities cannot be secured from other persons or companies, then the bidding requirements contained above shall not be applicable and the officer, employee or agent of the City is authorized to proceed with the purchase of such services or commodities as are required by the City, but cannot be secured through the normal bidding process. Exclusive service purchases for amounts exceeding ten thousand dollars ($10,000.00) must be pre-approved by the Board of Aldermen.
B. 
Performance Bond. The officer, employee or agent of the City shall have the authority to require a performance bond in cash or otherwise for such amount that he/she may deem sufficient to secure the execution of the contract for furnishing goods or services for the best interests of the City.
C. 
Emergency Purchases. In case of an emergency which requires immediate purchase of supplies or services and time is of the essence, the agent shall be empowered to authorize the purchase or to secure the services needed without complying with the procedures as set forth in this Article. This Section shall also apply to any natural disaster or civil emergency requiring an immediate response on the part of the City. A full report, in writing, of the circumstances requiring an emergency purchase shall be filed by the agent with the Board of Aldermen each time an emergency purchase is made.
D. 
Professional Services. The competitive bidding requirements of this Article shall not apply to professional services, and the requirements herein shall not be required in the employment of professional services, including but not limited to physicians, attorneys, engineers, certified public accountants, planners, auditors and the Sexton appointed pursuant to Section 135.020 of the Code. The officer, employee or agent of the City is authorized and encouraged, however, to require proposals from capable professionals within a required discipline, whenever time and/or circumstances warrant.
E. 
Cooperative Purchasing. This Article, and the requirements herein, shall not apply to purchases made through or with the State of Missouri or any other governmental jurisdiction which operate a cooperative procurement program and will allow the City to purchase goods or services that the jurisdiction has made available following the completion of its own internal purchasing procedures.
[Ord. No. 2068 §1(6), 10-20-1998]
A. 
Any purchase order or contract within the purview of this Chapter in which the officer, employee or agent of the City or any officer or employee of the City is financially interested, directly or indirectly, shall be void, except that before the execution of a purchase order or contract, the Board of Aldermen shall have the authority to waive compliance with this Section when it finds such action to be in the best interests of the City.
B. 
The agent and 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.
[Ord. No. 2068 §1(7), 10-20-1998]
A. 
Inspections. The officer, employee or agent of the City, or any person so designated by the officer, employee or agent of the City, may inspect or cause the inspection of all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract therefor.
B. 
Tests. The agent shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformity with the specifications. In the performance of such tests, the agent shall have the authority to make use of any outside laboratory.
[Ord. No. 2068 §1(8), 10-20-1998]
A. 
Transfers. The agent is hereby authorized to transfer surplus stock to other departments.
B. 
Sales. The agent is hereby authorized to sell all supplies having an estimated value of less than two thousand five hundred dollars ($2,500.00) which have become unsuitable for public use, or to exchange the same for, or trade in the same, on new supplies. Sales under this Subsection shall be made to the highest possible bidder.