[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]
[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.
[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]
[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.
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.
