Kimberling City, MO
Stone County
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Table of Contents
Table of Contents
[R.O. 2012 § 135.010; Ord. No. 223 § 1, 6-16-1998; Ord. No. 326, 10-7-2008]
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.
[R.O. 2012 § 135.020; Ord. No. 223 § 2, 6-16-1998; Ord. No. 326, 10-7-2008]
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. 
Prepare and adopt written specifications for all supplies and services;
3. 
Endeavor to obtain as full and open competition as possible on all purchases and sales;
4. 
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;
5. 
Prescribe and maintain such forms necessary for the operation of the purchasing function;
6. 
Prepare, adopt and maintain a vendor's catalogue file. Said catalogue shall be filed according to materials and shall contain descriptions of vendors' commodities, prices and discounts;
7. 
Exploit the possibilities of buying "in bulk" so as to take full advantage of discounts;
8. 
Act so as to procure for the City all Federal and State tax exemptions from the municipality for a stated period of time;
9. 
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;
10. 
Inspect or supervise the inspection of all deliveries with regard to quantity, quality and conformance to specifications; and
11. 
Pursue all appropriate claims against the supplier, shipper or carrier.
12. 
All purchases shall be made in accordance with the City budget approved by the Board of Aldermen.
[R.O. 2012 § 135.030; Ord. No. 223 § 3, 6-16-1998; Ord. No. 326, 10-7-2008]
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 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.
[R.O. 2012 § 135.040; Ord. No. 223 § 4, 6-16-1998; Ord. No. 326, 10-7-2008]
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 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 which is licensed by or regulated in any manner by the City in which the officer or employee serves.
[R.O. 2012 § 135.050; Ord. No. 223 § 5, 6-16-1998; Ord. No. 326, 10-7-2008]
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 already is engaged in the business transaction at the time a matter arises, he/she shall be disqualified from rendering any decision or passing any judgment upon the same.
[R.O. 2012 § 135.060; Ord. No. 223 § 6, 6-16-1998; Ord. No. 326, 10-7-2008]
Any person who violates the provisions of Section 145.040 or Section 145.050 shall, upon conviction thereof, be punished as provided in the employees manual under Standards of Conduct or in Section 100.220 of this Code.
[R.O. 2012 § 135.070; Ord. No. 223 § 7, 6-16-1998; Ord. No. 326, 10-7-2008]
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 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 the employees manual under Standards of Conduct or in Section 100.220 of this Code.
[R.O. 2012 § 135.080; Ord. No. 223 § 8, 6-16-1998; Ord. No. 326, 10-7-2008]
A. 
When the City negotiates any purchase, sale or other contract, there shall be provided ample opportunity for competitive bidding in the following manner:
1. 
If the consideration is not more than one thousand dollars ($1,000.00), bids shall be solicited in the most expedient manner with due regard for competitive prices and quality. The purchase shall be approved by the department head.
2. 
If the consideration is for more than one thousand dollars ($1,000.00) but not more than two thousand five hundred dollars ($2,500.00), at least three (3) bids shall be solicited by mail, telephone or electronic means from three (3) prospective vendors, 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/City Administrator.
3. 
If the consideration is for more than two thousand five hundred dollars ($2,500.00) but not more than five thousand dollars ($5,000.00), three (3) written bids shall be solicited by mail, telephone, fax or electronic means from which the lowest bid, with proper qualifications, shall be accepted. The purchase shall be approved by the Board of Aldermen.
4. 
All supplies and contractual services estimated to cost in excess of five thousand dollars ($5,000.00) shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals. Whenever possible, at least three (3) bids should be obtained from prospective, qualified vendors. The Board of Aldermen shall award the contract or purchase.
5. 
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.
6. 
Individual contracts or purchases shall not be subdivided for the purpose of evading the requirement of competitive bidding.
[R.O. 2012 § 135.090; Ord. No. 223 § 9, 6-16-1998; Ord. No. 326, 10-7-2008]
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 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 also shall solicit sealed bids from all responsible prospective suppliers, who have requested their names be added to a "Bidders' List," which the City 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 also shall advertise all pending purchases or sales by a notice posted on the public bulletin board in City Hall.
4. 
The City Clerk also shall 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.
[R.O. 2012 § 135.100; Ord. No. 223 § 10, 6-16-1998; Ord. No. 326, 10-7-2008]
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.
[R.O. 2012 § 135.110; Ord. No. 223 § 11, 6-16-1998; Ord. No. 326, 10-7-2008]
A. 
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 "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.
[R.O. 2012 § 135.120; Ord. No. 223 § 12, 6-16-1998; Ord. No. 326, 10-7-2008]
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 § 135.130; Ord. No. 223 § 13, 6-16-1998; Ord. No. 326, 10-7-2008]
A. 
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.
1. 
Where there is no local bidder, the award shall be made on the basis of a drawing of lots, to be held in public.
[R.O. 2012 § 135.140; Ord. No. 223 § 14, 6-16-1998; Ord. No. 326, 10-7-2008]
A. 
All purchases of supplies and contractual services, and all sales of personal property that have become obsolete and unusable for which competitive bidding is not required by Section 145.080 of this Chapter shall be made in the open market without newspaper advertisement and without observing the procedure prescribed by Section 145.100 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 145.110.
2. 
The City shall solicit bids by:
a. 
Direct mail request to prospective vendors,
b. 
By telephone,
c. 
By public notice posted on the bulletin board of the City Hall,
d. 
Fax, and
e. 
Electronic means.
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 § 135.150; Ord. No. 223 § 15, 6-16-1998; Ord. No. 326, 10-7-2008]
In case of an apparent emergency that requires immediate purchase of supplies or contractual services, the Mayor may authorize the purchase at the lowest obtainable price of any supplies or contractual services not in excess of three thousand dollars ($3,000.00). Any purchase in excess of three thousand dollars ($3,000.00) requires a verbal majority of the Board of Aldermen. A full explanation of the circumstances of an emergency purchase shall be recorded in the journal of the Board of Aldermen.
[R.O. 2012 § 135.160; Ord. No. 223 § 16, 6-16-1998; Ord. No. 326, 10-7-2008]
The Purchasing Agents shall have the authority to join with other units of government in cooperative purchasing plans when the best interest of the City would be served and after approval of the Board of Aldermen.