City of Warsaw, MO
Benton County
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Table of Contents
Table of Contents
[Ord. No. 2000-36 §3, 9-6-2000]
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.
B. 
The Purchasing Agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality and estimated cost.
[Ord. No. 2000-36 §4, 9-6-2000]
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 member or in which he/she owns a substantial interest; nor shall he/she make any personnel investments in any enterprise that 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 that is licensed by or regulated in any manner by the agency in which the officer or employee serves.
[Ord. No. 2000-36 §5, 9-6-2000]
No officer or employee of this City shall enter into a 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 make a decision or pass judgment. If any officer or employee already is engaged in business transactions at the time a matter arises, he/she shall be disqualified from rendering any decision or passing any judgment upon the same.
[Ord. No. 2000-36 §6, 9-6-2000; Ord. No. 2009-30 §1, 7-6-2009]
A. 
It shall be the practice of those designated to negotiate purchases, sale or other contract for the City of Warsaw to provide for the competitive bidding in the following manner:
1. 
If the consideration is not more than one hundred dollars ($100.00) per individual item and total consideration is for less than five hundred dollars ($500.00), the department head shall have the authority to purchase in the most expedient manner with due regard for competitive prices and quality with documentation written on purchasing form.
2. 
If the consideration is more than one hundred dollars ($100.00) per individual item but less than two hundred fifty dollars ($250.00) per individual item and the total consideration is for more than five hundred dollars ($500.00) but less than two thousand five hundred dollars ($2,500.00), the Public Works Director shall have the authority to purchase in the most expedient manner with due regard for competitive prices and quality with documentation written on purchasing form.
3. 
All supplies and contractual services estimated to cost in excess of one thousand dollars ($1,000.00) per individual item shall be purchased by formal, written contract from the lowest and best bidder. The Board of Aldermen shall award bid.
4. 
Individual contracts, purchases or sales be they for goods, supplies, commodities or services shall not be excluded from the requirement of competitive bidding hereinabove described.
5. 
Individual contracts or purchases shall not be subdivided for the purpose of evading the requirement of competitive bidding.
6. 
Any consideration involving a vendor whose primary place of business is within the incorporated boundaries of the City of Warsaw shall be entitled to an two percent (2%) advantage in bid consideration. This advantage shall be enforced on all competitive bidding unless otherwise noted prior to beginning of process.
[Ord. No. 359, 1-7-2019]
[Ord. No. 2000-36 §7, 9-6-2000]
A. 
The City reserves the right to reject any or all bids. Contracts shall be awarded to the lowest reasonable 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 moneys due the City. In determining "lowest reasonable 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;
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 to the contract; and
9. 
The number and scope of conditions attached to the bid.
[Ord. No. 2000-36 §8, 9-6-2000]
A. 
If all bids received or the lowest bids received are for the same total amount or unit price, quantity and service being equal, the contract shall be awarded to the 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.
[Ord. No. 2000-36 §9, 9-6-2000]
A. 
In the case of an apparent emergency that requires immediate purchase of supplies or contractual services, the department head may authorize the purchase, at the lowest obtainable price, of any supplies or contractual services not in excess of five hundred dollars ($500.00). A full explanation of the circumstances of the emergency shall be submitted to the Purchasing Agent within twenty-four (24) hours or the next business day whichever is first.
B. 
In the case of an apparent emergency that requires immediate purchase of supplies, materials or contractual services or purchase of items from Missouri State Surplus for which the estimated value is one thousand dollars ($1,000.00) or more, approval shall be needed from the Mayor, department supervisor and at least one (1) Alderman.
[Ord. No. 2000-36 §10, 9-6-2000]
The following Departments, Boards and Commissions of the City are required to use the services of the Purchasing Agent: Police, Street, Administration, Economic Development, Park, Golf, Fire, Civil Defense, Harbor, Animal Control, Water and Sewer.
[Ord. No. 2001-23 §§1 — 6, 7-16-2001]
A. 
The Purchasing Agent, Department Head and Alderman(s) assigned as commissioners to said department and/or Mayor shall open bids received for the purpose of announcing vendors bidding and the amounts of their bids.
B. 
No announcement shall be made other than the name of the vendor and their respective bids.
C. 
The opening of the bids shall be public per the open meetings regulation and shall take place at the date and time the bids are due.
D. 
Any bids received after the due date and time shall be so marked with date and time.
E. 
After having opened and read the bids, the Purchasing Agent shall prepare a written statement of all bidders and the respective bids to be given to the Board of Aldermen for award of bid.
F. 
The Purchasing Agent and department head may also prepare an analysis of the bids for concurrence with the specifications solicited; and may make a recommendation based on the lowest best bid.
[Ord. No. 2009-43 §§1 — 4, 9-8-2009]
A. 
The Mayor is authorized to execute a certificate regarding government-wide restriction on lobbying. Said certificate can be found on file in the City offices.
B. 
All contractors shall execute a certificate regarding government-wide restriction on lobbying certifying no Federal appropriated funds have or shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress or an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.
C. 
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Federal contract, grant loan or cooperation agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
D. 
The contractor shall require that the language of this certification be included in the award documents for all subawards (at all tiers, including contracts under grants, loans and cooperative agreements, subcontracts and subgrants) over one hundred thousand dollars ($100,000.00) and that all subrecipients shall certify and disclose accordingly.