[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]
[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.
[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]
[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.
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:
