City of St. James, MO
Phelps County
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Table of Contents
Table of Contents
[CC 1985 § 2-13; Ord. No. 577 § 1, 7-7-1997]
The purchasing agent or agents within each City department shall be appointed by the Mayor with the approval of the City Council. The purchasing agents, when authorized, shall procure for the City the bids for all supplies and contractual services needed by the City in accordance with the procedures prescribed by this Chapter or required by law.
[CC 1985 § 2-13; Ord. No. 577 § 2, 7-7-1997]
A. 
In addition to the purchasing authority conferred in Section 135.010, and in addition to any other powers and duties conferred by this Chapter 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. 
Discourage uniform bidding and 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 vendors' catalog file. Said catalog 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 to which it is entitled;
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.
[CC 1985 § 2-13; Ord. No. 577 § 3, 7-7-1997]
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 1985 § 2-13; Ord. No. 577 § 4, 7-7-1997]
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 form or business entity of which he/she is an officer, agent or member, or the owner of substantial interest, sell any goods or services in any business entity that is licensed by or regulated in any manner by the agency in which the officer or employee serves.
[CC 1985 § 2-13; Ord. No. 577 § 5, 7-7-1997]
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.
[CC 1985 § 2-13; Ord. No. 577 § 6, 7-7-1997]
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.
[CC 1985 § 2-13; Ord. No. 577 § 7, 7-7-1997; Ord. No. 728, 11-5-2001; Ord. No. 966, 11-2-2009]
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. 
The purchasing agent or department heads may contract for the purchase of any supplies, materials, equipment or services costing less than one thousand ($1,000.00) by making open market purchases from vendors with proven ability to furnish supplies, materials, equipment and services as the lowest and best price.
2. 
If the consideration is for more than one thousand dollars ($1,000.00) but less than ten thousand dollars ($10,000.00), the purchasing agent or department head shall solicit by telephone, written notice or otherwise at least three (3) bids if three (3) independent vendors are available. The purchasing agent shall keep a record of all solicitations made under this Section. The purchasing agent or department head may reject any or all bids, or may award the contract to the bidder that is, in the judgment of the purchasing agent or department head, the lowest and best, responsive and responsible bidder.
3. 
If the consideration is for more than ten thousand dollars ($10,000.00) but less than twenty-five thousand dollars ($25,000.00), three (3) written bids shall be solicited if three (3) independent vendors are available. The purchasing agent shall keep a record of all solicitations made under this Section. The Mayor, after consulting with all affected departments, may reject any or all bids, or may award the contract to the bidder that is, in the judgment of the Mayor, the lowest and best, responsive and responsible bidder.
4. 
All supplies and contractual services estimated to cost in excess of twenty-five thousand dollars ($25,000.00) shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals. Whenever possible, at least three (3) bids shall be obtained from prospective, qualified vendors. The purchasing agent shall keep a record of all solicitations made under this Section. The Mayor, after consulting with all affected departments, may reject any or all bids, The Mayor will recommend and the City Council shall approve any contract with or purchase from the bidder that is the lowest and best, responsive and responsible bidder.
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.
7. 
In the event the required number of bids cannot be obtained, this fact shall be documented. Written approval of the Mayor shall be obtained before completing the purchase.
8. 
The purchasing agent may enter into contracts with sole source suppliers and governmental entities without following a competitive bidding process or a request for proposals process. "Sole source suppliers" are suppliers of supplies, materials, equipment or services which are unique or which are not available from more than one (1) competitive source in the normal course of business. The purchasing agent shall certify in writing that any purchase greater than one thousand dollars ($1,000.00) from a sole source supplier under this Subsection meets the requirements of this Subsection. The Mayor shall approve all contacts and purchases from sole source supplies and governmental entities.
9. 
The City may enter into contracts for professional and other services without following a competitive bidding process but by following a request for proposals process when factors such as prior experience, skills, education, local knowledge or unique knowledge are considerations in selecting the contractor. This Subsection shall include but not be solely limited to contracts for auditing services for the annual fiscal audit, specialized technical services, including legal and financial advisement, and to contracts for architectural, engineering and land surveying services. The purchasing agent shall certify in writing that each purchase or contract entered into under this Subsection meets the requirements of this Subsection. Whenever possible, at least three (3) responses to requests for proposals shall be obtained. The Mayor shall recommend and the City Council shall approve all contracts entered into and purchases made under this Subsection.
10. 
When suppliers, materials, equipment or services are of such a kind or nature that their acquisition may be facilitated and the offering better evaluated, a request for proposals may be solicited. The City Council may authorize a request for proposals process instead of a bidding process whenever the purchase of supplies, materials, equipment or services may be facilitated by such a process. Whenever possible, at least three (3) responses to requests for proposals shall be obtained and interviews held with at least three (3) vendors. The Mayor shall recommend and the City Council shall approve all contracts entered into and purchases made under this Subsection.
[CC 1985 § 2-13; Ord. No. 577 § 8, 7-7-1997]
A. 
The notice required by the Section 135.070 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 purchasing agent also shall solicit sealed bids from all responsible prospective suppliers who have requested their names 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 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 purchase or sales by a notice posted on the public bulletin board in the 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 be in the best interest of the City. Bids may also be requested by e-mail or fax.
[CC 1985 § 2-13; Ord. No. 577 § 9, 7-7-1997]
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 and a tabulation report forwarded to the Mayor.
[CC 1985 § 2-13; Ord. No. 577 § 10, 7-7-1997]
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 moneys 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 efficiently 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 to the contract; and
9. 
The number and scope of conditions attached to the bid.
[CC 1985 § 2-13; Ord. No. 577 § 11, 7-7-1997]
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 documented in the file.
[CC 1985 § 2-13; Ord. No. 577 § 12, 7-7-1997]
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 low bidder, the award shall be made on the basis of a drawing of lots, to be held in public.
[CC 1985 § 2-13; Ord. No. 577 § 13, 7-7-1997]
A. 
All purchases of supplies and contractual services and all sales of personal property that has become obsolete and unusable for which competitive bidding is not required by Section 135.070 of this Chapter shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 135.090 for the sward 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 135.100.
2. 
The City shall solicit bids by:
a. 
Direct mail request to prospective vendors;
b. 
By telephone, e-mail, or fax; and
c. 
By public notice posted on the bulletin board of the City Hall.
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 1985 § 2-13; Ord. No. 577 § 14, 7-7-1997]
In case of an apparent emergency that requires immediate purchase of supplies or contractual services, the purchasing agent may authorize the purchase, at the lowest obtainable price, of any supplies or contractual services not in excess of one thousand dollars ($1,000.00). A full explanation of the circumstances of an emergency purchase shall be documented in the file.
[CC 1985 § 2-13; Ord. No. 577 § 15, 7-7-1997]
The purchasing agent 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 Mayor.
[CC 1985 § 2-13; Ord. No. 705, 3-5-2001]
A. 
City Bidder Preference. A "City bidder" is one that regularly provides the purchased goods or services and has a business office in the City of St. James. For projects or purchases that are funded entirely from revenues of the City, if an evaluation of the bids indicates that the lowest and best bid has been submitted by a non-City bidder, then the following City bidder preference analysis shall be conducted:
1. 
Amount Of Preference. City bidders shall have a two percent (2%) preference based upon the non-City lowest and best bid, but the preference shall not exceed five thousand dollars ($5,000.00).
2. 
Analysis.
a. 
The amount of preference determined in Subsection (A)(1), Amount Of Preference, above shall be added to the amount of the non-City lowest and best bid, the sum of which shall become the "preference guideline."
b. 
If any bid submitted by a City bidder is equal to or lower than the preference guideline, then the lowest bid submitted by a City bidder shall be reviewed to determine whether it is the lowest and best bid. If it is not the lowest and best bid, then the next City bid which is equal to or lower than the preference guideline shall be reviewed, and the process shall be continued until either a City bid has been selected as the lowest and best bid, or all City bids equal to or lower than the preference guideline have been eliminated.
B. 
County Bidder Preference. A "County bidder" is one that regularly provides the purchased goods or services and has a business office in Phelps County. If a City bidder has not been selected, and if the lowest and best bid has been submitted by a non-County bidder, then the preference analysis shall be conducted by giving the same amount of preference to County bidders. The process shall be continued until either a County bidder's bid has been selected as the lowest and best bid, or all County bidders submitting bids equal to or lower than the preference guideline have been eliminated.
C. 
Meramec Regional Planning Commission (MRPC) Area Preference. An "MRPC-area bidder" is one that has a business office in the MRPC area. If neither a City bidder nor a County bidder has been selected, and if the lowest and best bid has been submitted by a non-MRPC-area bidder, then the preference analysis shall be conducted giving the same amount of preference to MRPC-area bidders. The process shall be continued until either an MRPC-area bidder's bid has been selected as the lowest and best bid, or all bids submitted by MRPC-area bidders equal to or lower than the preference guideline have been eliminated.
D. 
State Bidder Preference. A "State bidder" is one that has a business office in the State of Missouri. If there has been no selection of a City bidder, a County bidder or an MRPC-area bidder, and if the lowest and best bid has been submitted by a non-State bidder, then the preference analysis shall be conducted by giving the same amount of preference to State bidders. The process shall be continued until either a State bidder's bid has been selected as the lowest and best bid, or all bids submitted by State bidders equal to or lower than the preference guideline have been eliminated.
E. 
United States Preference. A "United States bidder" is one that has a business office in the United States. If there has been no selection of a City bidder, a County bidder, an MRPC-area bidder or a State bidder, and if the lowest and best bid has been submitted by a non-United States bidder, then the preference analysis shall be conducted by giving the same amount of preference to United States bidders. The process shall be continued until either a United States bidder's bid has been selected as the lowest and best bid, or all bids submitted by United States bidders equal to or lower than the preference guideline have been eliminated.