[R.O. 2012 §145.010; Ord. No. 2025, CC 1981 §25.010]
A.
The City Clerk is hereby designated as purchasing agent for the City
and 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 City Clerk, 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.
[R.O. 2012 §145.020; Ord. No. 2025, CC 1981 §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 City Clerk 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 vendor's catalog file. Said catalog
shall be filed according to materials and shall contain descriptions
of vendor's 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.
[R.O. 2012 §145.030; Ord. No. 2025, CC 1981 §25.020]
A.
Each City department or agency shall file with the City Clerk 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 City Clerk shall prescribe.
1.
A City department or agency shall not be prevented from filing,
in the same manner, with the City Clerk, 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 City Clerk shall examine each requisition or estimate and
shall have the authority to revise it as to quantity, quality or estimated
cost.
[R.O. 2012 §145.040; Ord. No. 2025, CC 1981 §25.035]
The City Clerk may purchase on behalf of the City supplies necessary
for the day-to-day operation of his/her office and of the City Hall.
[R.O. 2012 §145.050; Ord. No. 2025, CC 1981 §25.040; Ord. No. 2022-01, 2-28-2022]
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
except on transactions made pursuant to an award on a contract let
or sale made after public notice and in the case of property other
than real property, competitive bidding, provided that the bid or
offer is the lowest received pursuant to Section 105.454, RSMo., (2019).
[R.O. 2012 §145.060; Ord. No. 2025, CC 1981 §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 judgment upon the same.
[R.O. 2012 §145.070; Ord. No. 2025, CC 1981 §25.060]
[R.O. 2012 §145.080; Ord. No. 2025, CC 1981 §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.
[R.O. 2012 §145.090; Ord. No. 2025, CC 1981 §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.
[R.O. 2012 §145.100; Ord. No. 2025, CC 1981 §25.090]
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.
[R.O. 2012 §145.110; Ord. No. 2025, CC 1981 §25.100]
A.
The notice required by the preceding Section 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 City Clerk shall also solicit sealed bids from all responsible
prospective suppliers who have requested their names to be added to
a "Bidders' List" which the Clerk 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 City Clerk shall also advertise all pending purchases or
sales by a notice posted on the public bulletin board in the City
Hall.
4.
The City Clerk shall also solicit sealed bids by direct mail
request to prospective vendors; by telephone, by email and other electronic
means, as may seem to him/her to be in the best interest of the City.
[Ord. No. 132019, 3-25-2019]
If an Offeror can demonstrate that the contract documents issued by the City are unduly exclusionary and restrictive or that Federal, State or local laws or regulations have been violated during the course of the procurement, then the Offeror may seek a review by the Mayor or his/her appointed representative, at 400 N. Prairie Street, Bloomfield, Missouri. Protests shall be clearly identified as protests and be submitted in writing as early as possible but no later than five (5) business days before bid opening. Within four (4) business days after receipt of a pre-bid protest, the Mayor shall make one (1) of the determinations listed in Section 160.152 herein.
[R.O. 2012 §145.120; Ord. No. 2025, CC 1981 §25.110]
Bids 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.
[R.O. 2012 §145.130; Ord. No. 2025, CC 1981 §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.
[R.O. 2012 §145.140; Ord. No. 2025, CC 1981 §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.
[R.O. 2012 §145.150; Ord. No. 2025, CC 1981 §25.130]
If all bids received or the lowest bids received are for the
same total amount or unit price, quality and service being equal,
the contract shall be awarded to a local bidder.
[Ord. No. 132019, 3-25-2019]
A.
A protest
to the acceptance or rejection of any or of all bids to a contract,
or to the award thereof, or to any such action proposed or intended
by the City must be received, in writing, by the Mayor no later than
five (5) business days after the protesting party first learned, or
reasonably should have learned, of the action or the proposed or intended
action to which he/she protests.
B.
In
the event the protester alleges that the Mayor or the representative
appointed by the Mayor to serve as decision-maker for the particular
protest engaged in improper conduct during the subject procurement,
the City Attorney shall serve as the decision-maker. In the event
it has been alleged that the City Attorney has engaged in improper
conduct during the subject procurement, either the Mayor or the City
Clerk shall serve as the decision-maker.
[Ord. No. 132019, 3-25-2019]
A.
Within
four (4) business days, the Mayor shall render one (1) of the following
determinations:
1.
Protest is overruled;
2.
Protest is substantiated. Mayor shall issue instructions to remedy
issues relating to the protest; or
3.
Procurement activity is suspended until written notification by the
Mayor.
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The determination shall be in writing and shall provide at a
minimum a general response to each material issue raised in the protest.
All documents submitted by the protester and/or the City and reviewed
by the decision-maker in the reaching of a determination shall form
and be retained by the City as the formal record of the dispute resolution
process.
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The issuance of the foregoing determination is the City's final
decision of the dispute.
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B.
All
interested parties shall be notified of any protests that are filed.
The City shall refrain from awarding a contract within five (5) business
days of the date of a decision rendered by the Mayor regarding a protest,
unless the City determines that:
[Ord. No. 132019, 3-25-2019]
A.
In
the event that the City fails to abide by the protest procedures set
forth in this Code and Federal or State funds are participating in
the procurement, then the protester may seek a review by the appropriate
funding agency.
B.
Protesters
shall file such a protest not later than five (5) business days after
a final decision is rendered under the City's protest procedure. In
instances where the protester alleges that the City failed to make
a final determination on the protest, protesters shall file a protest
with the appropriate agency not later than five (5) business days
after the protester knew or should have known of the City's failure
to render a final determination on the protest.
[R.O. 2012 §145.160; Ord. No. 2025, CC 1981 §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 160.100 of this Code shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 160.120 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 160.130.
3.
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.
[R.O. 2012 §145.170; Ord. No. 2025, CC 1981 §25.145]
A.
All City purchases (whether bids are obtained through formal contract procedure of Section 160.100 et seq. or through the open market procedure of Section 160.160) may be approved, and offers accepted, only as follows:
1.
The City Clerk may purchase on his/her own authority up to three
hundred dollars ($300.00) in goods.
2.
The commissioner of a particular department (Section 110.250) may authorize purchases of five hundred dollars ($500.00).
3.
All purchases of five hundred dollars ($500.00) or more must
be approved by the Board of Aldermen in advance, except those purchases
or payments that have been previously determined.
[R.O. 2012 §145.180; Ord. No. 2025, CC 1981 §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.
[R.O. 2012 §145.190; Ord. No. 2025, CC 1981 §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.[1] The provisions of this Chapter requiring competitive bidding
at the local level shall not apply to such purchases.
[1]
Editor's Note: See §§ 67.330 et seq., RSMo.,
