City of Cabool, MO
Texas County
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Table of Contents
Table of Contents
[R.O. 2011 §130.010; CC 1974 §25.010; Ord. No. 657 §II, 12-6-1993]
A. 
The City Administrator is hereby designated as Purchasing Agent for the City. The City Administrator, 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 City Administrator, 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 §130.020; CC 1974 §25.020; Ord. No. 657 §II, 12-6-1993]
A. 
In addition to the purchasing authority conferred in Section 130.010, and in addition to any other powers and duties conferred by this Code or other ordinance, the City Administrator 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' file.
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. 2011 §130.030; CC 1974 §25.030; Ord. No. 657 §II, 12-6-1993]
A. 
Each City department or agency shall file with the City Administrator 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 City Administrator shall prescribe.
1. 
A City department or agency shall not be prevented from filing, in the same manner, with the City Administrator 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 City Administrator shall have the authority to examine each requisition, estimate and bid proposal and shall have the authority to revise it as to quantity, quality, or estimated cost.
[R.O. 2011 §130.040; CC 1974 §25.040; Ord. No. 657 §II, 12-6-1993]
No Officer or employee of the City shall seek any unfair advantage for his/her business while serving in his/her official capacity with any business entity of which he/she is an Officer, agent, or member in which he/she owns a substantial interest; nor shall he/she make any personal investments in any enterprise which will credit a substantial conflict in 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, seek any unfair advantage in the selling of goods or services against other potential bidders.
[R.O. 2011 §130.050; CC 1974 §25.050; Ord. No. 657 §II, 12-6-1993]
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 §130.060; CC 1974 §25.060; Ord. No. 657 §II, 12-6-1993]
Any person who violates the provisions of Sections 130.040130.050 shall, upon conviction thereof, be punished as provided in Section 100.220 of this Code.
[R.O. 2011 §130.070; CC 1974 §25.070; Ord. No. 657 §II, 12-6-1993]
The City Administrator 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. 2011 §130.080; CC 1974 §25.080; Ord. No. 657 §II, 12-6-1993]
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 §130.090; CC 1974 §25.090; Ord. No. 657 §II, 12-6-1993; Ord. No. 001-2010 §§1 — 2, 2-15-2010]
All supplies, equipment and vehicles, 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. In those instances in which the City is seeking to acquire used equipment or vehicles, the City Administrator may, upon written recommendation in the minutes of the Board of Aldermen stating the reasons therefor, seek bids to be presented to the Board of Aldermen under the provisions of Section 130.150 — Open Market Procedures of this Chapter. All sales of personal property which have become absolute 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.
[R.O. 2011 §130.100; CC 1974 §25.100; Ord. No. 657 §II, 12-6-1993]
A. 
The notice required by Section 130.090 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 Administrator shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a "Bidders' List" which the Administrator 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 Administrator shall also solicit sealed bids by:
a. 
Direct mail request to prospective vendors, and
b. 
By telephone, and
c. 
The Internet
as may seem to him/her to be in the best interest of the City.
[R.O. 2011 §130.110; CC 1974 §25.110; Ord. No. 657 §II, 12-6-1993]
Bids shall be submitted sealed to the City Administrator 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 §130.120; CC 1974 §25.120; Ord. No. 657 §II, 12-6-1993]
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;
9. 
The number and scope of conditions attached to the bid.
[R.O. 2011 §130.130; CC 1974 §25.125; Ord. No. 657 §II, 12-6-1993]
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 §130.140; CC 1974 §25.130; Ord. No. 657 §II, 12-6-1993]
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. 2011 §130.150; CC 1974 §25.140; Ord. No. 657 §II, 12-6-1993]
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 130.090 of this Code shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 130.110 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 130.120.
2. 
The City shall solicit bids by:
a. 
Direct mail request to prospective vendors,
b. 
Telephone,
c. 
Public notice posted on the bulletin board of the City Hall, and
d. 
The internet.
3. 
The City Administrator 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 §130.160; CC 1974 §25.145; Ord. No. 657 §II, 12-6-1993]
A. 
All City purchases (whether bids are obtained through the formal contract procedure of Sections 130.090 et seq., or through the open market procedure of Section 130.150) may be approved, and offers accepted, only as follows:
1. 
The Superintendent of a particular department after consulting with the City Administrator and obtaining his/her written approval may authorize purchases of less than five thousand dollars ($5,000.00).
2. 
All purchases of five thousand dollars ($5,000.00) or more must be approved by the Board of Aldermen in advance.
[R.O. 2011 §130.170; CC 1974 §25.150; Ord. No. 657 §II, 12-6-1993]
In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the City Administrator 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. 2011 §130.180; CC 1974 §25.160; Ord. No. 657 §II, 12-6-1993]
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. 2011 §130.190; Ord. No. 721 §§1 — 3, 12-21-1989]
A. 
Architectural, engineering and land surveying firms may submit annually statements of qualifications and performance data to the City Clerk to be kept on file in the event that any project undertaken by the City may require such services.
B. 
The Board of Aldermen shall, before entering into a contract with any architectural, engineering and land surveying firm or entities, request of qualified firms that proposals for the project, in addition to a summary of experience and technical competence as to the type of services to be provided and the capacity of the firm to perform the service within the time limitations fixed for the project, be submitted by dates certain.
C. 
In awarding any contract for architectural, engineering or land surveying services, the City shall consider and evaluate prospective providers of such services, utilizing criteria, including but not limited to the following, to ascertain which firm or entity to select:
1. 
The specialized experience and technical competence of the firm with respect to the type of services required;
2. 
The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project;
3. 
The past record of performance of the firm with respect to such factors as control of costs, quantity of work and ability to meet schedules;
4. 
The firm's proximity to the familiarity with the area in which the project is located;
5. 
The cost to the City to contract for services.