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City of Caruthersville, MO
Pemiscot County
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Table of Contents
Table of Contents
[Ord. No. 779 §1, 12-19-1994]
When the City negotiates any purchase, sale or other contract, there shall be provided ample opportunity for competitive bidding in the following manner:
If the consideration is not more than five hundred dollars ($500.00), bids shall be solicited in the most expedient manner with due regard for competitive prices and quality. Department heads shall issue a purchase order prior to all such purchases over fifty dollars ($50.00).
If the consideration is for more than five hundred dollars ($500.00) but less than one thousand five hundred dollars ($1,500.00), bids shall be solicited by mail or telephone request, from which the lowest bid, with proper qualifications, shall be accepted. A record of the quotations shall be maintained. The purchase shall be approved by the Mayor.
If the consideration is for more than one thousand five hundred dollars ($1,500.00) but less than five thousand dollars ($5,000.00), three (3) written bids shall be solicited from which the lowest bid, with proper qualifications shall be accepted. The purchase shall be approved by the City Council.
All supplies and contractual services estimated to cost in excess of five thousand dollars ($5,000.00) or for construction projects, shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals. Whenever possible, at least three (3) sealed bids should be obtained from prospective, qualified vendors. The City Council shall award the contract or purchase.
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.
Contracts or purchases shall not be subdivided for the purpose of evading the requirements set forth above for competitive bidding.
[Ord. No. 779 §2, 12-19-1994]
The notice required by Section 150.010(4) shall consist of the following:
Notice inviting bids shall be published once in at least one (1) official newspaper of the City 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.
The City shall also solicit sealed bids from all responsible respective suppliers who have requested their names be added to a "Bidder's List", which the City 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 bidder's list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
The City Clerk also shall advertise all pending purchases or sales by a notice posted on the public bulletin board in the City Hall.
The City Clerk shall also solicit sealed bids by direct mail request to prospective vendors and by telephone as may seem to him/her to be in the best interest of the City.
[Ord. No. 779 §3, 12-19-1994]
Bids solicited pursuant to Section 150.010(4) 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 and a tabulation report forwarded to the Mayor and City Council members.
[Ord. No. 779 §4, 12-19-1994]
The City reserves the right to reject any or all bids. Contracts shall be awarded to the lowest responsible bidder. Bids shall not be accepted from, nor contract awarded to, a contractor who is in default on the payment of taxes, licenses, or other monies due the City. In determining the "lowest responsible bidder", in addition to price, the following shall be considered:
The ability, capacity and skill of the bidder to perform the contract or provide the service required;
Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
The character, integrity, reputation, judgment, experience and efficiency of the bidder;
The quality of performance of previous contracts or services;
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
The number and scope of conditions attached to the bid; and
Such other factors as the Council reasonably considers.
[Ord. No. 779 §5, 12-19-1994]
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 in the minutes of the Council.
[Ord. No. 779 §6, 12-19-1994]
If all bids received or the lowest bids received are the same total amount or unit price, the considerations of Section 150.040 being equal, the contract shall be awarded to a local bidder. 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. 779 §7, 12-19-1994]
All purchases of supplies and contractual services, and all sales of personal property that has become obsolete and unusable for which formal competitive bidding is not required by Section 150.010 of this Chapter shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 150.030 for the award of formal contracts.
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 150.040.
The City may solicit bids by:
Direct mail request to prospective vendors;
By telephone; and
By public notice posted on the bulletin board of the City Hall.
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. 779 §8, 12-19-1994]
There is hereby appropriated out of the money in the City Treasury, not otherwise appropriated, the sum of five hundred dollars ($500.00), which shall be known as the "Petty Expenditures Revolving Fund". From this Fund shall be paid all purchases not in excess of two hundred dollars ($200.00) each, made by the department heads of the using department for incidentals, with the approval of the City Clerk. Receipts for all expenditures from the petty cash fund shall be retained to be submitted to the Treasurer for reimbursement of the Fund as provided below.
From time to time, the City Clerk shall render to the Treasurer a statement showing the actual expenditure for each using department so made out of the Petty Expenditures Revolving Fund, together with receipts for such expenditures, and the City Treasurer shall reimburse said Revolving Fund for such expenditures in the same manner as other expenditures of such department are paid.
The City Clerk shall have the authority to promulgate rules and regulations for use of the Petty Expenditure Revolving Fund.
[Ord. No. 779 §9, 12-19-1994; Ord. No. 2006-6 §1, 4-7-2006]
In case of an emergency which requires immediate purchase of supplies or services and time is of the essence, the Mayor, for purchases not in excess of fifty thousand dollars ($50,000.00), or the Mayor with the consent of a majority of the City Council for purchases in excess of fifty thousand dollars ($50,000.00), shall be empowered to authorize the purchase or to secure the services needed without complying with the procedures as set forth in this Article. Bids may be directly solicited without any publication. The contract for the purchase of supplies or contractual services shall be awarded to the lowest and best bidder. This Section shall also apply to any natural disaster or civil emergency requiring an immediate response on the part of the City. A full report in writing of the circumstances requiring an emergency purchase shall be filed by the Mayor with the City Council each time an emergency purchase is made.
[Ord. No. 2006-6 §2, 4-7-2006]
To the maximum extent practicable, the purchases of the 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. 779 §10, 12-19-1994]
All City Officials engaged in procurement of goods and services shall comply with the City's ordinances with respect to financial conflicts of interest.
[Ord. No. 779 §11, 12-19-1994]
All City Officials and employees are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase 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.