City of Rogersville, MO
Webster County
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Table of Contents
Table of Contents
[Ord. No. 313 §1, 1-15-1998]
A. 
The City Clerk is hereby designated as Purchasing Agent for the City. The City Clerk, 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.
1. 
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 Clerk, 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.
[Ord. No. 313 §2, 1-15-1998]
A. 
In addition to purchasing authority conferred in the preceding Section, and in addition to any other powers and duties conferred by this Code or other ordinance, the City Clerk 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 catalogue file. Said catalogue shall be filed according to materials and shall contain descriptions of vendors' 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.
[Ord. No. 313 §3, 1-15-1998]
A. 
Each City department or agency shall file with the City Clerk 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 Clerk shall prescribe.
1. 
A City department or agency shall not be prevented from filing, in the same manner, with the City Clerk 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 Clerk shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality or estimated cost.
[Ord. No. 313 §4, 1-15-1998]
No officer or employee of the City shall transact any business in his/her official capacity with any business entity of which he/she is an officer, agent or member or in which he/she owns a substantial interest; nor shall he/she make any personal investments in any enterprise which will create a substantial conflict between 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, sell any goods or services to any business entity which is licensed by or regulated in any manner by the City; unless said transaction is not in excess of five hundred dollars ($500.00) per annum and complies with all relevant State Statutes.
[Ord. No. 313 §5, 1-15-1998]
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 judgments upon the same.
[Ord. No. 313 §6, 1-15-1998]
Any person who violates the provisions of Section 135.040 or Section 135.050 shall, upon conviction thereof, be punished as provided in this Code of Ordinances.
[Ord. No. 313 §7, 1-15-1998]
The City Clerk 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 when given for the use and benefit of the City. Violation of the provisions thereof be punished as provided in this Code of Ordinances.
[Ord. No. 313 §8, 1-15-1998]
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.
[Ord. No. 313 §9, 1-15-1998; Ord. No. 728 §1, 8-1-2011]
All supplies and contractual services, except as otherwise provided in this Chapter, when the estimated cost thereof shall exceed two thousand five hundred dollars ($2,500.00), shall be purchased by formal written contract from the lowest responsible bidder, after due notice inviting proposals. All sales of personal property which has become obsolete and unusable, when the estimated value shall exceed one thousand dollars ($1,000.00), shall be sold by formal written contract to the highest responsible bidder, after due notice inviting proposals.
[Ord. No. 313 §10, 1-15-1998]
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 the bid blanks and specifications, if any, may be secured and the time and place for opening bids.
2. 
The City Clerk shall also solicit sealed bids from responsible prospective suppliers who have requested their names to be added to a "Bidders' List" which the City 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 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 Clerk may also advertise all pending purchases or sales by a notice posted on the public bulletin board in the City Hall.
4. 
The City Clerk may also solicit sealed bids by:
a. 
Direct mail request to prospective vendors, and
b. 
By telephone
as may seem to him/her to be in the best interest of the City.
[Ord. No. 313 §11, 1-15-1998]
Bids shall be submitted sealed to the City Clerk 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.
[Ord. No. 313 §12, 1-15-1998]
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.
[Ord. No. 313 §13, 1-15-1998]
All bids may 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.
[Ord. No. 313 §14, 1-15-1998]
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.
1. 
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.
[Ord. No. 313 §15, 1-15-1998]
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 135.090 hereof, shall be made in the open market without newspaper advertisement and without observing the procedure prescribed by Section 135.100 for the award of formal contracts.
1. 
All open markets purchasers 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 135.120.
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 City Clerk 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. 313 §16, 1-15-1998]
In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Board of Aldermen 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 Board of Aldermen.
[Ord. No. 313 §17, 1-15-1998]
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.