[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.