[CC 1979 §25.010]
A.
The
City Clerk is hereby designated as purchasing agent for the City.
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 1979 §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 vendors' 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.
[CC 1979 §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.
A.
No
officer or employee of the City shall:
1.
Perform any service for such political subdivision or any agency
of the political subdivision for any consideration other than the
compensation provided for the performance of his/her official duties;
or
2.
Sell, rent or lease any property to the political subdivision or
any agency of the political subdivision for consideration in excess
of five hundred dollars ($500.00) per transaction or one thousand
five hundred dollars ($1,500.00) per annum unless the transaction
is made pursuant to an award on a contract let or a sale made after
public notice and in the case of property other than real property,
competitive bidding, provided that the bid or offer accepted is the
lowest received; or
3.
Attempt, for any compensation other than the compensation provided
for the performance of his/her official duties, to influence the decision
of any agency of the political subdivision on any matter; except that,
this provision shall not be construed to prohibit such person from
participating for compensation in any adversary proceeding or in the
preparation or filing of any public document or conference thereon.
B.
No
sole proprietorship, partnership, joint venture, or corporation in
which any member of any legislative body of any political subdivision
is the sole proprietor, a partner having more than a ten percent (10%)
partnership interest, or a co-participant or owner of in excess of
ten percent (10%) of the outstanding shares of any class of stock,
shall:
1.
Perform any service for the political subdivision or any agency of
the political subdivision for any consideration in excess of five
hundred dollars ($500.00) per transaction or one thousand five hundred
dollars ($1,500.00) per annum unless the transaction is made pursuant
to an award on a contract let after public notice and competitive
bidding, provided that the bid or offer accepted is the lowest received;
2.
Sell, rent or lease any property to the political subdivision or
any agency of the political subdivision where the consideration is
in excess of five hundred dollars ($500.00) per transaction or one
thousand five hundred dollars ($1,500.00) per annum unless the transaction
is made pursuant to an award on a contract let or a sale made after
public notice and in the case of property other than real property,
competitive bidding, provided that the bid or offer accepted is the
lowest received.
[CC 1979 §25.050]
No officer or employee of an agency 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 1979 §25.060]
[CC 1979 §25.070]
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 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 Section 100.220 of this Code.
[CC 1979 §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 1979 §25.090]
A.
All
supplies and contractual services, except as otherwise provided in
this Chapter, when the estimated cost thereof shall exceed five thousand
dollars ($5,000.00), 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 five thousand dollars ($5,000.00),
shall be sold by formal, written contract to the highest responsible
bidder after due notice inviting proposals.
[Ord. No. 565, 5-11-2020]
B.
Notice
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 Purchasing Agent shall maintain, by sending
them a copy of such newspaper notice or such other notice as will
acquaint them with the purposed 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 1979 §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 1979 §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; and
9.
The number and scope of conditions attached to the bid.
[CC 1979 §25.130]
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 1979 §25.140]
[CC 1979 §25.150]
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 130.090 of this Code, shall be made in the open market without newspaper advertisement and without observing the procedure prescribed by Section 130.100 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 130.110.
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 1979 §25.160]
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 1979 §25.170; Ord. No. 495, 5-9-2016; Ord. No. 603, 6-26-2023]
To the maximum extent practicable, the purchases of this City
shall be made under the provisions of the Missouri State Local Technical
Services Act, or through the Cooperative Procurement Program administered
by the Division of Purchasing, Office of Administration of the State
of Missouri or via OMNIA in accordance with applicable Missouri law.
The provisions of this Chapter requiring competitive bidding at the
local level shall not apply to such purchases.
