[CC §25.010; Ord. No. 589 §1, 10-20-1997]
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 the supplies and services needed by the City, in accordance with procedures prescribed by this Chapter or as required by law. In the event of a vacancy in the office of City Administrator or in the event of the City Administrator's temporary absence, the Mayor shall appoint a Purchasing Agent with all the power and authority granted to the Purchasing Agent under this Chapter.
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 Purchasing Agent, 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.
[CC §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 Purchasing Agent 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 vendor's catalog file. Said catalog shall be filed according to materials and shall contain descriptions of vendor's 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.
[CC §25.030]
A. 
Each City department or agency shall file with 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 Purchasing Agent shall prescribe.
1. 
A City department or agency shall not be prevented from filing, in the same manner, with 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 Purchasing Agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality, or estimated cost.
[CC §25.040]
No Officer or employee of the City shall transact any business in his official capacity with any business entity of which he is an officer, agent or member or in which he owns a substantial interest; nor shall he make any personal investments in any enterprise which will create a substantial conflict between his private interest and the public interest; nor shall he or any firm or business entity of which he is an officer, agent or member, or the owner or substantial interest, sell any goods or services to any business entity which is licensed by or regulated in any manner by the City.
[CC §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 transaction at the time that a matter arises, he shall be disqualified from rendering any decision or passing any judgment upon the same.
[CC §25.060]
Any person who violates the provisions of Section 140.040 or Section 140.050 shall, upon conviction thereof, be punished as provided in Chapter 110 of this Code.
[CC §25.070]
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 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 Chapter 110 of this Code.
[CC §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.
[CC §25.090; Ord. No. 744 §2, 12-15-2003; Ord. No. 1138, 12-3-2018]
All supplies and contractual services, except as otherwise provided in this Chapter, when the estimated cost thereof shall exceed ten thousand dollars ($10,000.00), shall be purchased by formal, written contract from the lowest possible bidder, after due notice inviting proposals. The City may trade in obsolete or unnecessary personal property as part of the consideration for purchase of supplies and contractual services, provided the value of the trade-in is equal to or greater than the highest responsible bid. All sales of personal property which have become obsolete and unusable, when the estimated value shall exceed five hundred dollars ($500.00), shall be sold by formal written contract to the highest bidder, after giving due notice inviting proposals.
[Ord. No. 1223, 1-4-2021]
In the event the City elects to sell any personal property not typically used by the general public, but designed for use by departments of governmental entities, the City may sell the property to another governmental entity, without the formal contract procedure as set forth in Section 140.090. However, in such event, the City shall solicit verbal bids from at least three (3) governmental entities and shall sell said personal property to the governmental body offering the highest price.
[CC §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 Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a "Bidder's 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 bidder's 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 Purchasing Agent shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the City Hall.
4. 
The Purchasing Agent shall also solicit sealed bids by:
a. 
Direct mail request to prospective vendors, and
b. 
by telephone,
as may seem to him to be in the best interest of the City.
[CC §25.110]
Bids shall be submitted sealed to the Purchasing Agent and shall be identified as bids on the envelope. They shall be opened in public at the time and place stated in public notices. A tabulation of all bids received shall be posted for public inspection.
[CC §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 future maintenance and service for the use of the subject of the contract;
9. 
The number and scope of conditions attached to the bid.
[CC §25.125]
All bids shall be accepted or rejected by the City Council. 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 Council.
[CC §25.130]
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.
[CC §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 140.090 of this Code shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 140.110 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 140.120.
2. 
The City shall solicit bids by,
a. 
Direct mail request to prospective vendors,
b. 
By telephone, and
c. 
By public notice posted on the bulletin board of the City Hall.
3. 
The Purchasing Agent 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.
[Ord. No. 1090 § 1, 7-17-2017]
A. 
In lieu of the open market procedure or formal contract procedure for the sale of obsolete and unusable personal property, the City may contract with an auctioneer to sell the personal property, which may be done on site or over the internet under the following circumstances:
1. 
The auctioneer is duly licensed and must advertise the sale of the personal property by brochures, newspaper advertisements, and online advertisement, which will provide reasonable notice to potential buyers.
2. 
The auctioneer sign a contract with the City, whereby the auctioneer will not receive more than ten percent (10%) of the sales price of the personal property, unless otherwise agreed in writing by the Council.
[CC §25.150]
In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the City Council may authorize the purchase at the lowest obtainable price, 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 City Council.
[CC §25.160; Ord. No. 993 §1, 4-7-2014]
To the maximum extent practical, the purchases of this City shall be made under the provisions of the Missouri State-Local Technical Services Act.[1] The provisions of this Chapter requiring competitive bidding at the local level shall not apply to any such purchases. In purchasing personal property, the City may, concurrently with the bidding process, solicit bids from national purchasing cooperatives consisting solely of cooperating local governments. In addition, the City may waive the requirement of competitive bidding and purchase exclusively through a national purchasing cooperative if the Council determines the personal property to be purchased is unique or specialized property, not readily available through the local market.
[1]
Editor's Note: See Section 67.330 et seq., RSMo.
[Ord. No. 1265, 12-20-2021]
A. 
Notwithstanding any provision to the contrary, the City shall not be required to bid for the following purchases or services:
1. 
Purchase of specialty items which are not readily available on the open market or which can only be locally provided by one (1) vendor or purchases of replacement items, the original item of which has been provided by one (1) vendor.
2. 
Contractual services for repair, update or replacement work, which are recommended by the department head to be performed by the original contractor.
3. 
Contracts for professional services, including, but not limited to, attorneys, accountants, engineers and veterinarians.
[Ord. No. 64 §§1-2, 6-15-1981]
A. 
Any party who enters into a contract with the City of Scott City, Missouri, shall be required to pay the legal fees incurred in drafting the contract.
B. 
However, notwithstanding the provision of Subsection (A) of this Section, the City Council of Scott City, Missouri, may direct the City Attorney to prepare the contract and bill the City for all or part of the legal fees incurred in drafting the contract between the City and the other party under the following circumstances:
1. 
If, in the City Council's judgment the party entering into a contract with the City is unable to pay the legal fees for the contract.
2. 
If, in the City Council's judgment, it is in the best interest of the City that the City be billed for the legal services in preparing the contract.