[CC 1999 §2-241; Ord. No. 89-4, 1-9-1989]
The purchasing agent shall be appointed by the City Administrator.
The purchasing agent, when authorized, shall procure for the City
the bids for all supplies and contractual services needed by the City
in accordance with procedures prescribed by this Chapter or required
by law.
[CC 1999 §2-242; Ord. No. 89-4, 1-9-1989]
A.
In
addition to the purchasing authority conferred in the preceding Section
and in addition to any other powers and duties conferred by this or
other ordinances, 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' catalogue file. Said catalogue
shall be filed according to materials and shall contain a description
of vendors' commodities, prices and discounts.
7.
Pursue 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
defaulting bidders and to disqualify them from receiving any further
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.
11.
Pursue all appropriate claims against the supplier, shipper or carrier.
[CC 1999 §2-243; Ord. No. 89-4, 1-9-1989]
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 periods as the
purchasing agent shall prescribe.
1.
A 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 and
estimated cost.
[CC 1999 §§2-244 — 2-246; Ord. No. 89-4, 1-9-1989]
A.
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",
as defined in Section 105.450, RSMo., 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 a "substantial interest" sell any
goods or services to any business entity which is licensed by or regulated
in any manner by the agency in which the officer or employee serves,
except on transactions made pursuant to an award or contract let or
sale made after public notice and competitive bidding.
B.
Officers And Employees Not To Deal With Certain Entities. No officer or employee of the 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 a business transaction at the time
that a matter arises, he/she shall be disqualified from rendering
any decision or passing any judgment upon the same.
[CC 1999 §2-247; Ord. No. 89-4, 1-9-1989]
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 Article IV, Section 100.340 of the City Code.
[CC 1999 §2-248; Ord. No. 97-38, 3-31-1997]
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 two thousand five hundred dollars
($2,500.00), bids shall be solicited in the most expedient manner
with due regard for competitive prices and quality.
2.
If the consideration is for more than two thousand five hundred dollars
($2,500.00) but less than ten thousand dollars ($10,000.00), bids
shall be made in accordance with open market procedures set forth
below.
3.
All purchases, sales or other contracts, unless excluded, estimated
to involve in excess of ten thousand dollars ($10,000.00) shall be
purchased, sold or contracted by formal, written contract from the
lowest responsible bidder after formal notice. The City Council shall
award the purchase, sale or contract.
4.
Individual contracts, purchases or sales be they for goods, supplies,
commodities and services shall not be excluded from the requirements
of competitive bidding hereinabove described with the specific exception
of contracts or agreements for professional and advisory services
to be rendered to or on behalf of the City.
5.
Individual contracts or purchases shall not be subdivided for the
purpose of evading the requirement of competitive bidding.
[CC 1999 §2-249; Ord. No. 92-60, 7-27-1992]
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 (twenty (20)
days in the case of bids upon City improvements) preceding the last
day set forth for receipt of proposals. The newspaper notice required
herein shall state where the bid blanks and specifications may be
secured and the time and place for opening bids.
2.
The purchasing agent may (but is not required to) also solicit sealed
bids from all responsible prospective suppliers who have requested
their name 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 vendors to which the invitations are
sent and vendors shall designate the categories of goods or services
for which they wish notice and will be included under only these categories
on the bidders list. Failure to solicit bids from vendors on the bidders
list shall not affect the validity of any bid nor shall it give the
vendor any action or claim against the City or the purchasing agent.
3.
The purchasing agent shall also invite bids by a posted notice on
the public bulletin board in the City Hall.
[CC 1999 §2-250; Ord. No. 89-4, 1-9-1989]
It shall be required by all bidders for the purchase of property
from the City to deliver with their bid a deposit equal to ten percent
(10%) of the total bid amount. The deposit shall be placed in a sealed
envelope with the bid. The deposit will be applied to the balance
owed on a successful bid and returned to the bidder if the bid is
not accepted. If the bidder is successful and fails or refuses to
honor the terms of the bid submitted, the City shall be entitled to
retain the bid deposit as liquidated damages.
[CC 1999 §2-251; Ord. No. 89-4, 1-9-1989]
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.
[CC 1999 §2-252; Ord. No. 89-4, 1-9-1989]
A.
The
City reserves the right to reject any or all bids. Contracts shall
be awarded to the lowest responsible bidder. The City reserves the
right to decline to accept a bid from, nor award a contract to, a
contractor who is in default on the payment of taxes, licenses or
other monies due the City or from any bidder who is, at the time of
the submission or opening of a bid, listed as a defaulting bidder.
In determining "lowest responsible bidder" in addition to price, the
following non-exclusive list may 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 existing compliance by the bidder with laws and ordinances
relating to the contract or services;
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.
B.
Local
Purchasing Preference Policy.
[Ord. No. 2019-41, 6-10-2019]
1.
If a local bidder is within three percent (3%) of the lowest bid
from a non-local bidder on a construction or other formally bid project
from five thousand dollars ($5,000.00) up to five hundred thousand
dollars ($500,000.00); within three percent (3%) on such project from
five hundred thousand one dollars ($500,001.00) up to one million
dollars ($1,000,000.00), and within three percent (3%) on such project
from one million one dollars ($1,000,001.00) up to five million dollars
($5,000,000.00), then the local bidder may be awarded the bid unless
otherwise provided in this Section.
2.
The local purchasing preference policy shall not apply in the following
instances:
a.
When purchases and/or contracts are funded in whole or in part by
Federal funds;
b.
When purchases are less than five thousand dollars ($5,000.00) or
more than five million dollars ($5,000,000.00);
c.
When purchases are not required to be formally bid, such as sole
source procurements, emergency procurements and any other such procurements
as defined in the City Procurement Policy or the City Emergency Management
Policy;
d.
When professional services are procured through the issuance of requests
for qualifications and/or requests for proposals, including design-build
contracts; or,
e.
When such preference conflicts with any applicable State or Federal
laws, rules or regulations.
3.
The local purchasing preference policy shall not apply to private construction projects financed with public assistance, including, but not limited to, tax increment financing, Chapter 100 bonds, Chapter 353 redevelopment projects, and enterprise zone redevelopment.
4.
“Local” is defined as a business operating within the
corporate limits of the City of Chillicothe, with a significant portion
of its primary business operations, including, but not necessarily
limited to, production, operation, purchasing, billing, marketing,
management, administration and ownership, occurring within the City
limits. “Local” shall not include the following:
a.
Those businesses with only a local Chillicothe post office box; or
b.
Those businesses with a sales presence in the City, but no physical
business location within the City limits; or
c.
Home based businesses that merely take orders for products shipped
from out-of-town to their customers.
|
Exceptions will be considered on a case-by-case basis when a
written request is submitted to the City Administrator.
|
5.
Notwithstanding the foregoing, the local bidder must otherwise meet
all qualifications and procurement policy requirements of the City,
including, but not limited to, the “best bid” requirements,
in order to be awarded a bid under this Section.
[CC 1999 §2-253; Ord. No. 89-4, 1-9-1989]
If all bids received or the lowest bids received are the same
total amount or unit price and service 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. 2019-51, 7-8-2019]
A.
Right To Protest. Any actual or prospective bidder who is aggrieved
in connection with the solicitation or award of a contract may protest
to the City Administrator or, if the bid is for the municipal utilities,
then to its General Manager. The protest shall be submitted in writing
within forty-eight (48) business hours after such aggrieved bidder
knows or should have known of the basis of the appeal. The protest
shall identify specific issues that are being protested and the facts
that the protestor believes supports their claim (it is the protestor's
responsibility to establish their case).
B.
Review Of Protest. The City Administrator or General Manager shall
have the authority to resolve a protest of an aggrieved bidder concerning
the solicitation or award of a contract. This authority shall be exercised
in accordance with the City's bid procedures.
C.
Decision. The City Administrator or General Manager shall issue a
decision in writing within five (5) business days of receipt of the
protest. The decision shall state the reasons for the action taken.
D.
Notice Of Decision. A copy of the decision under Subsection C of this Section shall be mailed or otherwise furnished to the protestor and any other party intervening.
E.
Appeal. A protestor may appeal the decision of the City Administrator or General Manager by submitting a written appeal to the Mayor within five (5) business days of the date of the City Administrator's or General Manager's decision under Subsection C of this Section. The written appeal shall state with specificity the facts supporting the protestor's position. The appeal shall be reviewed by the Mayor or his designee, who will issue a decision in writing within five (5) business days of receipt of the protestor's timely filed written appeal.
F.
Finality Of Decision. A decision under Subsection C of this Section shall be considered final and is not subject to appeal or further consideration unless a timely appeal is filed under Subsection E. In the event of a timely appeal under Subsection E, the decision of the Mayor, or his designee, shall be considered final and not subject to appeal or further consideration.
G.
Stay Of Procurement During Protests. In the event of a timely protest under Subsection A of this Section, the City shall not proceed further with the solicitation or with the award of the contract until the City Administrator or General Manager issues a decision under Subsection C (or until the Mayor, or his designee, renders a decision on appeal pursuant to Subsection E of this Section), or until the City Administrator or General Manager, after consultation with the Mayor, makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the City.
H.
The procedure provided by this Subsection for bid protests is intended
solely as an attempt to provide bidders with the opportunity to communicate
perceived issues to the City. It is not intended to create any legal
right, cause of action, property interest or independent means of
redress that does not otherwise exist under Missouri Law. Bid protests
shall not serve to abrogate or affect the City's exclusive right
to determine the lowest and most responsible bidder in any particular
bid situation.
[CC 1999 §2-254; Ord. No. 97-38, 3-31-1997]
A.
All
purchases, sales and contracts involving less than ten thousand dollars
($10,000.00) shall be made in the open market, without newspaper advertisement
and without observing the procedure prescribed by the foregoing Sections
for the award of formal contracts.
1.
All open market purchases, sales and contracts 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.
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 the public inspection.
[CC 1999 §2-255; Ord. No. 89-4, 1-9-1989]
A.
There
is hereby appropriated out of the money in the City Treasury, not
otherwise appropriated, the sum of one thousand five hundred dollars
($1,500.00) which shall be known as the Petty Expenditures Revolving
Fund. From this fund shall be paid all purchases not in excess of
one hundred dollars ($100.00) each, made by the heads of using agencies
for incidentals with the approval of the agent.
B.
At
the end of each month, the agent shall render to the Treasurer a statement
showing the actual expenditures for each using agency so made out
of Petty Expenditures Revolving Fund and the City Treasurer shall
reimburse said Revolving Fund for such expenditures in the same manner
as other expenditures of such using agencies are paid.
C.
The
agent shall promulgate rules and regulations for use of the Petty
Expenditures Revolving Fund.
[CC 1999 §2-256; Ord. No. 2001-08 §§1 — 2, 2-12-2001]
A.
This
Section shall govern the circumstances and conditions of when the
City may purchase supplies, services, materials or provide for immediate
repairs and improvements to City property without the necessity of
formal bids as required in this Code.
B.
An "emergency situation" is one that requires immediate action
to obtain essential supplies, materials, parts or perform immediate
repair or maintenance on City property, buildings, equipment or vehicles
for which there is not a sufficient time to carry out the normal bidding
process. An emergency situation shall be deemed to exist when City
residents, people, buildings and/or equipment are in imminent danger
of injury, damage, disrepair or destruction which would hinder or
terminate the City's ability to provide for regular, essential and
necessary services or facilities such that the health, welfare, safety
or protection of persons or property is threatened and requires immediate
action.
C.
In
an emergency situation, the Mayor, or in his/her absence the Councilman-at-large,
may authorize the purchase at the lowest obtainable price of any necessary
supplies, services, repairs or equipment not to be in excess of twenty-five
thousand dollars ($25,000.00).
D.
In
emergency situation where the minimum reasonable projected costs would
exceed twenty-five thousand dollars ($25,000.00), then the City Council
by resolution at a regular or special meeting may provide for the
acquisition of the necessary supplies, services, repairs and/or equipment
and the waiver of competitive bidding requirements subject to the
City Council's final approval of the final purchase price by said
Council.
E.
Purchases
deemed to be emergency in nature shall be, so far as practical, made
in accordance with the open market procedure.
F.
Effective
until December 31, 2020, and thereafter if extended by resolution
of the City Council, the following additional provisions will apply
to emergency purchases:
[Ord. No. 2020-16, 4-13-2020]
1.
In an emergency situation, with the approval of two (2) of the following persons: the Mayor, the City Administrator, and the Councilman-at-large, the normal bidding procedures contained in Chapter 135 are waived, and one (1) of the persons approving the action may authorize the purchase of necessary supplies, services, repairs or equipment, so long as the reasonably projected cost of any single purchase is one hundred thousand dollars ($100,000.00) or less.
2.
In an emergency situation when the minimum reasonably projected cost of any single purchase would exceed one hundred thousand dollars ($100,000.00), then the City Council, at a regular or special meeting, may waive normal bidding procedures contained in Chapter 135 and authorize the acquisition of the necessary supplies, services, repairs and/or equipment.
[CC 1999 §2-257; Ord. No. 89-4, 1-9-1989]
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 City
Council.
[CC 1999 §2-258; Ord. No. 89-4, 1-9-1989]
In the event that the City is unable to secure an acceptable
bid after compliance with the procedures herein, then the purchase,
sale or contract shall be obtained without further compliance with
the requirements hereof in such manner as the City Council or governing
board so directs.
[Ord. No. 2017-74, 10-9-2017]
The City Administrator, or his/her authorized designee, may
approve negotiated procurement of goods or services without requiring
bids if it is determined from all information submitted by the purchasing
agent that use of a specific product, manufacturer or vendor is desirable
to maintain consistency of equipment, such goods are of such specialized
or non-standard nature that can be acquired only from a sole source
of supply and that no similar standard goods would reasonably satisfy
the City's requirements.
[CC 1999 §2-259; Ord. No. 95-125, 10-1995]
In the event that the City Council desires to sell any real
property owned by the City, the City Council shall adopt an ordinance
setting forth the description of the property to be sold, the fact
that the City Council deems it to be in the best interest of the City
to sell said property and the method by which said property shall
be sold. Notice of the intent of the City Council to sell any real
estate owned by the City shall be given by posting at the City Hall
and publishing at least one (1) time in the official newspaper of
the City a notice of the City's intention to sell real estate, which
notice shall set forth the description of said property and the date
after which said property will be sold.
[CC 1999 §2-260; Ord. No. 95-12, 1-1995]
These provisions on bidding procedures shall be applicable to
purchases or securing of contractual services by all City departments
including the Board of Public Works.
[CC 1999 §2-261; Ord. No. 88-22, 9-12-1988]
Under Chapter 67, RSMo., political subdivisions are authorized
to participate in joint purchasing programs with the State of Missouri
which will result in a cost savings to the City. In light of this,
the Mayor and City Clerk are hereby authorized and empowered to execute
and deliver the necessary documentation to the Office of Administration,
Division of Purchasing, for the State of Missouri for acceptance into
membership in the Cooperative Procurement Program which was established
to execute the provisions of Section 67.360, RSMo. Purchases made
pursuant to this program are not subject to other bidding requirements.
[CC 1999 §2-262; Ord. No. 95-12, 1-1995]
A.
It
shall be the policy of the City to negotiate contracts for legal,
accounting, auditing, consulting, engineering, surveying, architectural
and other professional services on the basis of demonstrated competence
and qualifications for the type of services required and at fair and
reasonable prices.
B.
CITY
FIRM
PROFESSIONAL SERVICES
Definitions. As used in this Section, unless the contract
specifically requires otherwise, the following words shall have these
prescribed meanings:
The City of Chillicothe, Missouri.
Any individual, firm, partnership, association or other legal
entity permitted by law to practice the profession set forth in this
Section.
Legal, accounting, auditing, consulting, engineering, surveying,
architectural and other specialized services.
C.
Statement Of Firm's Qualifications And Performance Data. In the procurement of professional services, the City shall encourage
firms engaged in the lawful practice of their professions to submit
a statement of and performance data to the City. Whenever a project
requiring professional services is proposed for the City, the City
shall evaluate current statements of and performance data with firms
on file together with those which may be submitted by other firms.
In evaluating the qualifications of each firm, the City shall use
the following criteria:
1.
Specialized experience and technical competence of the firm with
respect to the type of services required;
2.
The capacity and capability of the firm to perform the work in question,
including specialized services, within the time limitations fixed
for the completion of the work required by the City;
3.
The past record of performance of the firm with respect to such factors
as control of costs, quality of work and ability to meet schedules.
D.
Negotiation For Contract.
1.
The City shall list three (3) highly qualified firms. The City shall
then select the firm considered best qualified and capable of performing
the desired work and negotiate a contract with the firm selected.
2.
For basis of negotiations, the City shall prepare a written description
of the scope of the proposed services.
3.
If the City is unable to negotiate a satisfactory contract with the
firm selected, negotiations with that firm shall be terminated. The
City shall then undertake negotiations with another of the qualified
firms selected. If there is a failure to reach an agreement with the
second (2nd) firm, negotiations shall be terminated. The City shall
then undertake negotiations with the third (3rd) qualified firm.
4.
If the City is unable to negotiate a contract with any of the selected
firms, the City shall re-evaluate the necessary services, including
the scope and reasonable fee requirements, again compile a list of
qualified firms and proceed in accordance with provisions as set forth
above.
[Ord. No. 2011-02 §1, 1-10-2011]
A.
CHANGE ORDER
CONTRACT PRICE
PUBLIC WORKS CONTRACTS
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
A written amendment or modification of a public works contract.
The total initial contact sum for a public works contract,
including the price for any bid alternatives initially accepted.
Has the same meaning as defined in the Section 34.058, RSMo.,
as amended.
B.
Purpose. The purpose of this Section is to authorize a designated
City officer or employee to direct contractors to perform additional
work that does not materially change the intended scope of the project
and to execute change orders in regard to public works contracts under
certain circumstances without prior express City Council approval.
The City Council retains the right to direct additional work or to
authorize execution of a specific change order, even if this Section
does not require prior express City Council approval.
C.
Change Orders Requirements. Alterations and changes to the
scope of work of a public works contract may be necessary or advisable
for the proper completion of the work. Any such changes, known as
a change order, will be set forth in a written contract change order
which will specify, in addition to the work done in connection with
the change, adjustments of contract time, if any, and the basis of
compensation for such work. A contract change order will not become
effective until approved by the authorized City official or employee
as set forth below.
D.
Authority To Issue Change Orders. The following persons
are authorized to issue change orders on a public works contract for
the City:
1.
Change orders less than five thousand dollars ($5,000.00)
each or totaling less than ten percent (10%) of contract price. A single change order for an amount equal to or less than five thousand
dollars ($5,000.00) may be approved by the department head for the
department responsible for the public works contract, subject to the
restriction on the total amount of accumulated change orders on such
public works contract. Department heads may approve change orders
which, when accumulated with prior change orders on the public works
contract approved by the department head, do not exceed the lesser
of:
2.
Change orders totaling more than ten percent (10%) of contract
price or twenty thousand dollars ($20,000.00) but less than fifty
thousand dollars ($50,000.00). Change orders which individually
or when accumulated with prior change orders approved by the department
head, exceed twenty thousand dollars ($20,000.00) or ten percent (10%)
of the initial contract price, but which individually or when accumulated
with prior change orders are less than fifty thousand dollars ($50,000.00),
require:
3.
Change orders totaling more than fifty thousand dollars ($50,000.00). Change orders which individually or when accumulated with prior
change orders exceed fifty thousand dollars ($50,000.00) requires
City Council approval or, for contracts of the Board of Public Works
its approval, except in emergency situations as set forth in Subparagraph
(4) below.
4.
Emergency situations. In emergency situations, the
City Administrator or, for public works contracts of the Board of
Public Works its General Manager, with the concurrence of the Mayor
may issue a change order beyond the authority limits described above
in order to:
a.
Prevent interruption of the work which would result in a substantial
increase in the cost to, or liability of, the City; or
b.
Protect the work, equipment, material to be used in the work, human
safety, or the environment at or near the work from substantial and
immediate danger or injury; or
c.
Protect, where damage or injury has occurred, work, equipment or
materials to be used in the work, human safety, or the environment
at or near the site of the work from further or additional damage
or injury or deterioration.
E.
Time Extensions. The Mayor or the City Administrator (or
in the case of a public works contract by the Board of Public Works,
its General Manager) may extend contract time up to twenty (20) working
days or thirty (30) calendar days without prior Council approval,
irrespective of the original contract value of the public works contract.
F.
Exceptions. Before or during the course of a particular
public works contract, the City Council may by resolution authorize
different or additional limits for change orders or withdraw the authority
granted by this Section.
G.
Charge Orders To Be Provided. The Mayor, City Administrator
(or for public works contracts for the Board of Public Works its General
Manager), and City Council shall be provided copies of all change
orders within fifteen (15) days of such change order.
