[CC 1983 §25.010]
A.
The
City Administrator is hereby designated as Purchasing Agent for the
City. In the event the position of City Administrator is vacant the
City Clerk shall perform the duties of the Purchasing Agent. The Purchasing
Agent, 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.
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 1983 §25.020]
A.
In addition to the purchasing authority conferred in Section 145.010, 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 vendors' catalog file. Said catalog
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.
[CC 1983 §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 1983 §25.040]
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.
[CC 1983 §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/she shall be disqualified from rendering
any decision or passing any judgment upon the same.
[CC 1983 §25.060]
[CC 1983 §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 Sections 100.200 to 100.220 of this Code.
[CC 1983 §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.
[Ord. No. 334 §25.090, 7-7-1988; Ord. No. 95-48 §145.090, 12-21-1995; Ord. No. 98-30, 7-16-1998]
A.
All
purchases, other than daily operational maintenance supplies, shall
be based on competitive bids, except that the Department Supervisors
may authorize purchases of less than one thousand dollars ($1,000.00)
in value on the open market.
B.
On
purchases where the estimated expenditure is less than ten thousand
dollars ($10,000.00), bids may be secured without advertising. In
this case the City Administrator shall post a notice of the proposed
purchase on the bulletin board where City notices are posted and solicit
bids, preferably with local business. A minimum of three (3) bids
must be solicited. Bids may be by mail or facsimile and all bids will
be documented even if solicited businesses decline to bid.
C.
On
purchases where the estimated expenditure is more than ten thousand
dollars ($10,000.00) the City Administrator shall advertise for bids
at least five (5) days before bids for such purchases are to be opened.
If there is no response to the advertisement, the City Administrator
may solicit bids by mail or phone. The bid shall be let to the lowest
and best bidder.
D.
The
Board of Aldermen has the right to reject any and all bids and authorize
the City Administrator to advertise for new bids or make the required
purchases on the open market, if the item can be purchased at a better
price.
1.
Exempt from this Section is any purchase made under emergency conditions,
in which failure to make the purchase would result in curtailment
of City services. However, such purchase must have the approval of
the Board of Aldermen.
2.
Also, exempt from this Section is any purchase of used equipment
of a type making it impractical to solicit or advertise for bids due
to variations in condition of equipment, specifications, etc. In situations
where used equipment is contemplated, the necessity of advertising
for bids shall not be required, provided the Board of Aldermen approves
the purchase.
3.
Purchases made with State and Federal funds must be made in compliance
with State and Federal regulations governing such purchases.
4.
Any authorization and/or procurement made by an office Director of
the City in excess of one thousand dollars ($1,000.00) without competitive
bidding, other than as provided in the above exceptions, shall be
a misdemeanor and will be punishable by a fine of not less than twenty-five
dollars ($25.00) or more than five hundred dollars ($500.00) or a
sentence in the County Jail up to ninety (90) days, or both. If the
person in violation of this Section is an appointed official or officer
they will be terminated immediately.
[Ord. No. 308 §25.091, 12-3-1987; Ord. No. 95-49 §145.100, 12-21-1995; Ord. No. 11-21, 9-15-2011]
A.
On
purchases in excess of five thousand dollars ($5,000.00), the municipal
Purchasing Officers are encouraged to select products manufactured,
assembled or produced in the United States and retailed in Hollister,
Missouri if the quality and price are comparable with other goods.
B.
Every
contract for public works construction or maintenance in excess of
five thousand dollars ($5,000.00) shall contain a provision requesting
the contractor to use American products in the performance of the
contract whenever the quality and price are comparable with other
goods.
C.
The
Board of Aldermen encourages the people of the community to purchase
products manufactured, assembled, or produced in the United States
and retailed in Hollister, Missouri whenever the quality and price
are comparable with other goods.
[CC 1983 §25.100]
A.
The notice required by Section 145.090 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 "Bidders' List" which the Agent 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 Purchasing Agent shall also advertise all pending purchases or
sales by a notice posted on the public bulletin board in the City
Hall.
[CC 1983 §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 the public notices. A tabulation of
all bids received shall be posted for public inspection.
[CC 1983 §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 1983 §25.125]
All bids shall 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.
[CC 1983 §25.130]
[CC 1983 §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 145.090 of this Code shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 145.110 for the award of formal contracts.
1.
All open market purchases shall, whenever possible, be based on at least three competitive bids, and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in Section 145.120.
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.
[CC 1983 §25.150]
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.
[CC 1983 §25.160]
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.
[Ord. No. 397 §1,2, 7-5-1990]
A.
Whenever
the City is desirous of contracting for Professional Consulting Services
that cannot be provided "in house" a staff committee as herein described
shall solicit proposals from engineering or consulting firms in Taney
County and all other firms expressing an interest in providing for
services for the City. Such interest shall be expressed in writing
to the Purchasing Agent, renewable annually.
B.
All
proposals shall contain the following:
1.
A resume of the firms qualifications containing Appendix 2 material,
as on file in the Purchasing Agent's office.
2.
A fee structure for per hour.
3.
An agreement to purchase error/omission or liability insurance in
amount sufficient to cover the estimated design cost of the project,
contingent upon the award of the contract to the successful firm.
C.
Any
proposal received not meeting those criteria, received later than
the specified deadline, or adding extra services or deleting requested
services will not be considered.
[Ord. No. 397 §§3 —
5, 7-5-1990]
A.
A staff
committee consisting of the Mayor, Mayor pro-tem, and any co-opted
member selected by them shall select the top three (3) firms submitting
proposals, representatives of the said firms will be required to meet
with the staff committee to clearly establish the detailed scope of
the project so that it is clearly understood by all parties. The staff
committee shall then request these firms to submit for a lump sum
engineering/consulting fee required to meet the scope of the source
requested when the deadline for submission has been reached the staff
committee shall list the three (3) firms with their respective lump
sum fee, commencing with the lowest bid and concluding with the highest.
A copy of this list shall be forwarded by the Agent to the Mayor and
the Board of Aldermen at the next regular scheduled meeting.
B.
The
staff committee shall make a recommendation to the Board of Aldermen
of one of the qualified bidding firms, taking into careful consideration
the lump sum charge. If a recommendation is made to the Board other
than the lowest bidder, written valid justification of such recommendation
must accompany it.
C.
The
policy provision of Appendix 1, as on file in the Purchasing Agent's
office, shall be in force and reasonably followed in the selection
of professional consulting services. Further data sheets, selection
form, and outline for request in Appendix 2, 3, and 4 which are on
file in the Purchasing Agent's office, shall be followed.
