[CC 2012 § 13.100]
As used in this Section, the following terms shall have the
meaning ascribed to them:
Personal services, all telephone, gas, water, electric light
and power services, buildings, offices, or maintenance of equipment,
machinery, and other City-owned personal property. The term shall
not include insurance, professional and other contractual services
which are in their nature often unique and not subject to normal competitive
bidding.
All supplies, materials, equipment, commodities, and capital
outlay.
Any department, agency, commission, bureau, or other unit
in the City government using supplies or procuring contractual services
as provided for in this Section and which shall be under the direction
and control of the Board of Aldermen.
[CC 2012 § 13.110]
Except as provided in this Section, it shall be unlawful for
any officer or officers of the City to make any contract within the
purview of this Section other than through the Board of Aldermen and
any purchase order or contract made contrary to the provisions of
this Section shall not be approved by the Board of Aldermen and the
City shall not be bound thereby.
[CC 2012 § 13.120]
Any purchase order or contract within the purview of this Section
in which any officer or employee of the City is financially interested,
directly or indirectly, shall be void except that before the execution
of a purchase order or contract, the Board of Aldermen shall have
the authority to waive compliance with this Section when the best
interests of the City require such action and the laws of the State
do not prohibit the transaction. Any officer or employee of the City
shall immediately report to the Board of Aldermen any information
which he/she has or which shall come to his/her attention which would
indicate any such interest before or after a purchase has been made.
[CC 2012 § 13.130]
Each officer and employee of the City is expressly prohibited
from accepting, directly or indirectly from any person to whom 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.
[CC 2012 § 13.140]
A.
All using agencies, either by or with the authorization of the head
of the department under which the using agency operates, shall file
with the Board of Aldermen, detailed requisitions or estimates of
their requirements or supplies and contractual services in such manner,
at such times, and for such future periods as the Board of Aldermen
shall prescribe.
1.
Unforeseen Requirements. A using agency shall not be prevented
from filing in the same manner with the Board of Aldermen at any time
a requisition or estimate for any supplies and contractual services
it needs for which were not foreseen when the detailed estimates were
filed subject to budgetary limitations.
2.
Revision Powers. The Board of Aldermen shall examine each requisition
or estimate and shall have the authority to revise it as to quality,
quantity, or estimated cost.
[CC 2012 § 13.150]
In the event of an actual emergency and with the approval of
two (2) members of the Board of Aldermen, the head of any using agency
may purchase directly any supplies whose immediate procurement is
essential to prevent delays in the work of the using agency which
may affect the life, health, or convenience of citizens. The head
of the using agency shall send to the Board of Aldermen a copy of
the delivery record together with a full written report of the circumstances
of the emergency. The report shall be filed with the Board of Aldermen
and be made a part of the permanent records of the Board of Aldermen
and be open to public inspection.
[CC 2012 § 13.160]
A.
The City Clerk shall have the authority and responsibility to serve
as the Director of Finance.
B.
All purchases of contractual services and supplies made pursuant to this Chapter, except as provided for in Section 135.050, shall be on such purchase order forms as shall be developed by the Director of Finance and each purchase order shall reflect all salient conditions of the purchases, including description, specification, unit purchase price, aggregate amounts, freight conditions and place of delivery.
C.
A copy of all purchase orders shall be sent to the using agency which
will receive the contractual services or supplies purchased, and the
using agency shall reject delivery of any contractual services or
supplies which do not conform to the purchase order conditions and
specifications.
D.
All invoices for purchases made pursuant to this Chapter shall be
approved by the Director of Finance as being in conformity with the
purchase order before payment.
[CC 2012 § 13.170]
The head of the using agency shall have the authority and the
duty to issue purchase requisitions to the Director of Finance for
all supplies and contractual services needed by any using agency which
derives its support entirely or in part from the City. The Director
of Finance will complete the transaction in accordance with purchasing
procedures as prescribed by this Chapter and such rules and regulations
as the Director of Finance shall adopt for the internal management
and operation of the City offices.
[CC 2012 § 13.180]
A.
Rules And Regulations. Recommend and, with the consent of the Board
of Aldermen, establish and amend when necessary all rules and regulations
authorized by this Chapter and any others necessary to its operation.
B.
Forms. Prepare and maintain such forms as he/she shall find reasonably
necessary to the operation of this Chapter.
C.
Standard Nomenclature. Prepare and adopt a standard purchasing nomenclature
for using agencies and suppliers.
D.
Vendors Catalog File. Prepare, adopt and maintain a vendor's catalog
file.
E.
Federal And State Tax Exemptions. Act so as to procure for the City
all Federal and State tax exemptions to which it is entitled.
F.
Budget Control. Tabulate the items to be purchased by all using agencies
as reflected by their approved budgets.
G.
Exceeding Budget. Immediately report when purchase of contractual
services or supplies would be in excess, taking into account all prior
purchases during the fiscal period, of the budget appropriation for
such contractual services or supplies for the using agency requesting
the purchase.
H.
Reports. Furnish the Board of Aldermen with such reports as they
may require from time to time as to these activities.
I.
Public Notice. Post in a conspicuous place in the City Hall each
month, with a brief description of the items involved and the date
and time when the bids are to be received.
J.
Records. Keep a permanent file of all written bids received and a
memorandum of all oral bids or proposals received for a period of
not less than five (5) years may be destroyed with the consent of
the Board of Aldermen.
[CC 2012 § 13.190]
The using agencies shall maintain a perpetual inventory record
of all materials, supplies or equipment under their supervision.
[CC 2012 § 13.200; Ord. No. 471]
A.
When Required. All supplies and contractual services except as otherwise
provided herein, when the extended cost thereof shall equal or exceed
two thousand five hundred dollars ($2,500.00) shall be purchased by
formal written contract from the lowest responsible bidder after due
notice inviting proposals.
B.
Division Of Contract To Evade Requirements Of This Section Prohibited.
No contract or purchase shall be subdivided to avoid the requirements
of this Section.
C.
Newspaper Notice. Notice inviting bids shall be published once in
a newspaper of general circulation in the metropolitan Sweet Springs
area at least five (5) days preceding the last day for receipt of
proposals.
D.
Solicitation Of Bids. The Director of Finance shall, by certified
or registered mail, e-mail or other electronic communication, solicit
sealed bids from at least three (3) responsible prospective suppliers,
including all suppliers with whom the City has done business within
the preceding two (2) years, setting forth detailed specifications
and all pertinent information necessary for the prospective supplier
to file a bid. Prospective suppliers to whom invitations to bid are
sent shall be limited to those who are part of the trade group offering
commodities and services similar in character to that being purchased.
If the Director of Finance is unable to reasonably find three (3)
responsible suppliers, he/she shall certify the fact to the Board
of Aldermen who shall then certify a number less than three (3) to
whom invitations to bid shall be sent, and such lesser number when
sent by the Director of Finance shall be deemed in compliance with
the requirements of this Section.
E.
Bid Deposit: When Required, Refund, Forfeiture. When deemed necessary
by the Board of Aldermen, or when directed by the City Attorney, or
requested by the Director of Finance, bid deposits shall be prescribed
in inviting bids. An unsuccessful bidder shall be entitled to the
return of his/her surety when the Board of Aldermen has required such.
A successful bidder shall forfeit any surety required by the Board
of Aldermen upon failure on the bidder's part to enter into a contract
within ten (10) days after the award, and the invitation to bid shall
so state.
F.
Manner Of Submission Of Bids; Opening; Recommendations To The Board
Of Aldermen. Bids shall be submitted, sealed, to the Director of Finance,
and shall be identified as bids on the envelope. The bids shall be
opened in public at the time and place stated in the invitations to
bid and in any public notices, and after opening, the Director of
Finance shall tabulate all bids received and file a report of the
bids with the Board of Aldermen, together with his/her recommendations
as to whom the award shall be made.
G.
Award Of Contract To The Lowest Responsible Bidder By The Board Of
Aldermen. The Board of Aldermen, upon receiving the tabulation and
recommendation of the Director of Finance, shall award the contract
to the lowest responsible bidder, but shall have the right to reject
any and all bids.
H.
Factors For Determination Of Lowest Responsible Bidder.
1.
In determining the lowest responsible bidder, the Board of Aldermen
shall consider:
a.
The ability, capacity, and skill of the bidder to perform the
contract or provide the services required.
b.
Whether the bidder can perform the contract or provide the services
promptly or within the time specified, without delay or interference.
c.
The character, integrity, responsibility, judgment, experience,
and efficiency of the bidder.
d.
Whether the bidder is in default on the payment of taxes, licenses
or other monies due the City, and this factor alone shall justify
disqualification.
e.
The quality and performance of previous contracts or services.
f.
The previous and existing compliance by the bidder with laws,
the provisions of this Code and any other City ordinances relating
to the contract or service.
g.
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service.
h.
The quality, availability, and adaptability of the supplies
of contractual services to the particular use required.
i.
The ability of the bidder to provide future maintenance and
service of machines for the use of the subject of the contract.
2.
The number and scope of conditions attached to the bid.
[CC 2012 § 13.210; Ord. No. 471]
A.
When Allowed; Requirements. All purchases of supplies and contractual
services of less than the estimated value of two thousand five hundred
dollars ($2,500.00) but equal to or in excess of the estimated value
of five hundred dollars ($500.00) shall be made upon the bases of
at least three (3) written bids from three (3) prospective suppliers
of the City or such lesser number as shall be certified by the Board
of Aldermen in the event three (3) prospective suppliers shall not
exist.
B.
Division Of Contract To Evade Requirements Of This Section Prohibited.
No contract or purchase shall be subdivided to avoid the requirements
of this Section.
C.
Solicitation Of Bids. The Director of Finance shall solicit bids
by direct mail or by telephone request to prospective vendors as provided
herein.
D.
Award To The Lowest Responsible Bidder. The award shall be made to
the lowest responsible bidder in accordance with the standards set
forth under this Chapter by the Director of Finance.
E.
Justification Of Award To Other Than Low Bidder. 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 prepared by the Director
of Finance and filed with the other papers relating to the transaction.
F.
Award To Local Bidder; Tie Bids. Local bidder will be awarded the
contract if his/her price is less than five percent (5%) above the
next lowest non-local bidder provided quality and service are equal.
If there shall be no local bidder or more than one (1) local bidder
with a low equal bid, the Director of Finance shall award the contract
to one (1) of the tie bidders by drawing lots in public.
G.
The Director Of Finance's Monthly Report To Provide Details Of Transactions
Under This Section. The Director of Finance's monthly report to the
Board of Aldermen shall include all pertinent information respecting
the awarding of any contracts pursuant to this Section.
[CC 2012 § 13.220]
A.
When Allowed. All purchases of supplies and contractual services
with the estimated value of four hundred ninety-nine dollars and ninety-nine
cents ($499.99) or less, but equal to or in excess of the estimated
value of one hundred dollars ($100.00) shall be made on the open market
without newspaper advertisement and without the procedures prescribed
in this Chapter for purchases of five hundred dollars ($500.00) or
more.
B.
Division Of Contract To Evade Requirements Of This Section, Prohibited.
No contract, purchase, or sale shall be subdivided to avoid the requirements
of this division.
C.
Bids; Awards To Lowest Responsible Bidder. All open market purchases
shall, wherever possible, be based on at least three (3) competitive
bids which may be either oral or written, and shall be awarded to
the lowest responsible bidder in accordance with the standards set
forth in this Chapter.
D.
Solicitation Of Bids. The Director of Finance shall solicit bids
by direct mail request as to prospective suppliers, or by telephone;
or by such other method as he/she shall deem appropriate; in order
to receive competitive proposals.
E.
Records; Report To The Board Of Aldermen. The Director of Finance
shall keep a memorandum record of all oral proposals, and shall include
in his/her monthly report to the Board of Aldermen information on
all open market orders.
[Ord. No. 579, 10-10-2017]
A.
Right to protest any actual or prospective bidder, offeror, or contractor
who is aggrieved in connection with the solicitation or award of a
contract may protest to the Board of Aldermen.
1.
A protest with respect to an IFB (invitation for bids) or RFP
(request for proposals) shall be submitted in writing prior to the
opening of bids or the closing date of proposals, unless the aggrieved
person did not know and should not have known of the facts giving
rise to such protest prior to the opening or closing date
2.
The protest shall be submitted within four (4) calendar days
after such aggrieved person knows or should have known of the facts.
B.
Stay Of Procurements During Protest. In the event of a timely protest
the Board of Aldermen shall not proceed further with the solicitation
or award of the contract until all administrative and judicial remedies
have been exhausted or until the Board of Aldermen makes a determination
on the record that the award of the contract without delay is necessary
to protect substantial interests of the City.
C.
Entitlement To Costs. In addition to any other relief, when a protest
is sustained and the protesting bidder should have been awarded the
contract under the solicitation but is not, then the protesting bidder
shall be entitled to the reasonable costs incurred in connection with
the solicitation, including bid preparation costs other than attorneys'
fees.
D.
Contract Claims. All contract claims should first be brought to the
attention of the project manager in writing. If the project manager
cannot resolve the issue, the issue will then go to the engineer.
Final resolution will be with the Board of Aldermen.
E.
Authority To Settle Protests And Claims. The Board of Aldermen are
the only governing body authorized to settle any protest regarding
the solicitation or award of a City contract, or any claim arising
out of the performance of a City contract, prior to an appeal.
F.
Remedies For Solicitations Or Awards In Violation Of Law.
1.
Prior To Bid Opening. If prior to the bid opening or the closing
date for receipt of proposals, the Board of Aldermen, after consultation
with the City Attorney, determines that a solicitation is in violation
of Federal, State, or municipal law, then the solicitation shall be
cancelled or revised to comply with applicable law.
2.
Prior To Award. If after the bid opening or the closing date
for receipt of proposals, the Board of Aldermen, after consultation
with the City Attorney, determines that a solicitation or proposed
award of a contract is in violation of Federal, State, or municipal
law, then the solicitation or proposed award shall be cancelled.
3.
After Award. If, after an award, the Board of Aldermen, after
consultation with the City Attorney, determines that a solicitation
or an award of a contract was in violation of applicable law, then:
a.
If the person awarded the contract has not acted fraudulently
or in bad faith: the contract may be ratified and affirmed, provided
it is determined that doing so is in the best interests of the City;
or the contract may be terminated and the person awarded the contract
shall be compensated for the actual costs reasonably incurred under
the contract, plus a reasonable profit, prior to the termination;
or
b.
If the person awarded the contract has acted fraudulently or
in bad faith, the contract may be declared null and void or voidable
if such action is in the best interests of the City.
[CC 2012 § 13.230]
A.
Bids And Proposals Not Required. All purchases of supplies and contractual
services of less than the estimated value of one hundred dollars ($100.00)
shall be made on the open market without bids or proposals.
B.
Check Of Market Conditions. The Director of Finance shall from time
to time, but not less frequently than annually, make random checks
as to prices being quoted by several competing suppliers for contractual
services and supplies.
C.
Report To The Board Of Aldermen. The Director of Finance shall include
in his/her report to the Board of Aldermen all purchases made of less
than one hundred dollars ($100.00).
