[Ord. No. 1418 §1(8.0111), 12-3-2002]
A. 
The purchasing agent shall be the City Administrator. The purchasing agent, when authorized, shall procure for the City the lowest and best responsible bids for all supplies and contractual services needed by the City in accordance with the procedures prescribed by this Section or as required by law.
B. 
In addition to the purchasing authority conferred in Subsection (A) and in addition to any other powers and duties conferred by this or any other Section, the purchasing agent shall:
1. 
Act to procure for the City the highest quality of supplies and contractual services at the least expense to the City.
2. 
Prepare and adopt written specifications for all supplies and services which are reoccurring and/or have substantial value.
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. 
Maintain a purchasing order log (date, purchase order number, supplier, ordering department, etc.
7. 
Act so as to procure for the City all Federal and State tax exemptions which it is entitled.
8. 
Have the authority to declare vendors who default on their quotations as irresponsible bidders and to disqualify them from receiving any business from the municipality for a stated period of time.
9. 
Pursue all appropriated claims against the supplier, shipper or carrier.
C. 
Each City department or agency shall file with the purchasing agent detailed requisitions or estimates of their requirements in supplies and contractual services.
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 costs. Once a requisition is approved, it becomes a purchase order.
D. 
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 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 service to any business entity which is licensed by or regulated in any manner by the agency in which the officer or employee serves.
E. 
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 to tender 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 of passing any judgment upon the same.
F. 
Any person who violates the provisions of Subsections (D) or (E) shall, upon conviction thereof, be punished as provided in the City Personnel Policy.
G. 
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 City Personnel Policy.
H. 
In case of an apparent emergency which requires immediate purchase of supplies or contractual services, Mayor and one (1) Alderman or two (2) Aldermen may authorize the purchase, at the lowest obtainable price, of any supplies or contractual services. A full explanation of the circumstances of an emergency purchase shall be made in the minutes of the next regular meeting of the Board of Aldermen.
I. 
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 Board of Aldermen.
[CC 1997 §1-15; Ord. No. 1064, 4-4-1995]
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 less than five hundred dollars ($500.00), bids shall be solicited in the most expedient manner with due regard for competitive prices and quality.
2. 
If the consideration is five hundred dollars ($500.00) or greater but less than one thousand dollars ($1,000.00), three (3) bids shall be solicited by telephone or mail from qualified vendors. The lowest and best bid shall be accepted. A record of all quotations shall be maintained and the reason a vendor was selected must be included as part of the record.
3. 
If the consideration is one thousand dollars ($1,000.00) or greater but less than two thousand dollars ($2,000.00), three (3) bids shall be solicited in written form from qualified vendors. The lowest and best bid shall be accepted. A record of all quotations shall be maintained and the reason the vendor was selected must be included as part of the record.
4. 
If the consideration is two thousand dollars ($2,000.00) or greater but less than five thousand dollars ($5,000.00), three (3) sealed bids shall be solicited in written form from qualified vendors. The lowest and best bid shall be accepted. A record of all quotations shall be maintained and the reason a vendor was selected must be included as part of the record.
5. 
If the consideration is five thousand dollars ($5,000.00) or greater, the City of Reeds Spring shall advertise for sealed bids from qualified vendors. The lowest and best bid shall be accepted. A record of all quotations shall be maintained and the reason a vendor was selected must be included as part of the record.
6. 
Individual contracts, purchases, or sales be they for goods, supplies, commodities, or services shall not be excluded from the requirement of competitive bidding herein above described with the provision, however, that professional engineering services, surveying, architectural, legal and consulting services be excluded.
7. 
Individual contracts or purchases shall not be subdivided for the purpose of evading the requirement of competitive bidding.
B. 
Advertise Defined. The advertisement required by the preceding Subsection shall consist of the following:
1. 
An advertisement inviting bids shall be published once in at least one (1) official newspaper serving Reeds Spring at least ten (10) days preceding the last day set for the receipt of proposals. The newspaper advertisement 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 shall also 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 the City sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale.
C. 
Sealed Bidding Procedures. All requests for sealed bids shall include a deadline stating the date and time by which the sealed bids must be received at City Hall. Bids shall be submitted sealed to the City Clerk and shall be identified as bids on the envelope. When received at City Hall, the bid envelopes shall be stamped by the City Clerk noting the date and time of arrival. They shall be opened in public at the time and place stated in the public advertisement.
D. 
Lowest Responsible Bidder. The City reserves the right to reject any or all bids. Contracts shall be awarded to the lowest and best 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 the lowest and best bid, 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 performance of previous contracts or services with the City;
5. 
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.
E. 
Justification Of Award. 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 made to the Board of Aldermen prior to awarding the contract.
F. 
Tie Bids. 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. Where there is no local low bidder, the award shall be made on the basis of drawing lots, to be held in public.
G. 
Emergency Purchases. In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Mayor or City Administrator may authorize the purchase, at the lowest and best obtainable price, of any supplies or contractual services. A full explanation of the circumstances of an emergency purchase shall be made to the Board of Aldermen.
[Ord. No. 2024-12, 7-31-2024]
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 Clerk. The protest shall be submitted, in writing, within two (2) business days after such aggrieved knows or should have known of the facts giving rise thereto. The protest shall identify specific issues that are being protested and the facts that the protestor believes support their claim (it is the protestor's responsibility to establish their case).
B. 
Review Of Protest. The City Clerk, or their designee, 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 purchasing policy and may be subject to the approval of the Board of Aldermen.
C. 
Decision. The City Clerk shall issue the decision, in writing, within three (3) 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 by submitting a written appeal to the City Clerk within five (5) business days of the date of the decision made under Subsection (C) of this Section. The written appeal shall state with specificity the facts supporting the protestor's position. Within five (5) business days of receiving the appeal, the City Clerk, or their designee, shall set a hearing for the appeal to be heard by the Board of Aldermen and give written notice to the protestor. After the hearing is concluded, the Board of Aldermen will issue a decision, in writing, within five (5) business days.
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 flied under Subsection (E). In the event of a timely appeal under Subsection (E) the decision of the Board of Aldermen 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 of Reeds Spring shall not proceed further with the solicitation "with the award of the contract until the City Clerk, or their designee, makes known the determination made under Subsection (C), makes known the decision on appeal pursuant to Subsection (E), or until the City Clerk after consultation with the Board of Aldermen, makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the City of Reeds Spring.
H. 
The procedure provided by this Section 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. This Section shall not serve to abrogate or effect the City's exclusive right to determine the lowest and most responsible bidder in any particular bid situation.
[Ord. No. 1418 §1(8.0113), 12-3-2002]
Every check, draft, or other negotiable instrument of any type which is drawn in favor of the City may be negotiated only by including in the endorsement thereof on behalf of said City the phrase "For Deposit Only" or some similar statement, and the actual deposit thereof to the credit of said City in a depository designated for receipt of the funds of said City. No such instrument shall be negotiated for cash.
[Ord. No. 1418 §1(8.0114), 12-3-2002]
The City Finance Director, City Collector, City Clerk, Board of Aldermen and Mayor shall have free access for the inspection of all books, accounts and papers as concerns any of their duties which they respectively contain, and free access to all other offices of this City for the inspection of such books, accounts and papers during regular office hours at the offices of the respective officers.