[CC 1985 §25.010; Ord. No. 374-C §§1—2, 4-20-1992]
All Department heads of the City of Canton, Missouri, are hereby
designated as purchasing agents for the City. They, 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.
[CC 1985 §25.020; Ord. No. 341-C §2, 6-18-1990]
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 agents shall:
1. The
purchasing agents shall act to procure the highest quality supplies
and contractual services at the least expense to the City. The purchasing
agents shall be responsible to obtain the most competitive bidding
available under the circumstances.
2. Purchasing
agents shall remain informed of current developments in purchasing,
prices, market conditions and new product availability, and in this
regard each shall prepared maintain a suitable vendor's catalog file
for their Department.
3. Purchasing
agents shall remain informed concerning the possibility of buying
needed commodities and supplies in bulk to effect the greatest savings
possible to the City, considering anticipated needs of the City and
funds availability.
4. Purchasing
agents shall apply for and receive for the City all Federal and State
tax exemptions to which the City is entitled in regard to all purchases
and sales.
5. Purchasing
agents shall have the authority to declare vendors who default on
bid quotations submitted to the City "irresponsible bidders" and to
disqualify them from receiving any business from the City for a stated
period of time.
6. Bid approval.
a. All
bids for goods, services, repairs of sale of City property where the
estimated bid shall exceed five thousand dollars ($5,000.00) shall
be approved by the Board of Aldermen of the City of Canton, Missouri;
b. All
bids for goods, services, repairs or sale of City property where the
estimated bid shall be more than five hundred dollars ($500.00) and
less than five thousand dollars ($5,000.00) shall be approved by the
alderman committee that oversees the Department making the purchase
or sale;
c. All
bids for goods, services, repairs or sale of City property where the
estimated bid shall be less than five hundred dollars ($500.00) shall
be approved by the Mayor of the City of Canton, Missouri.
[CC 1985 §25.040]
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
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 services to any business
entity which is licensed by or regulated in any manner by the City.
[CC 1985 §25.050]
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 is already engaged in the 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 1985 §25.060]
Any person who violates the provisions of Section
145.030 or Section
145.040 shall, upon conviction thereof, be punished as provided in Section
100.220 of this Code.
[CC 1985 §25.070]
The City Clerk 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 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. Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Section
100.220 of this Code.
[CC 1985 §25.080]
All purchases of, and contracts for supplies and contractual
services, and all sales of personal property which has to become obsolete
and unusable shall, except as specifically provided herein, be based
wherever possible on competitive bids.
[CC 1985 §25.090]
All supplies and contractual services, except as otherwise provided
in this Chapter, when the estimated cost thereof shall exceed five
thousand dollars ($5,000.00), shall be purchased by formal, proposals.
All sales of personal property which has become obsolete and unusable,
when the estimated value shall exceed five thousand dollars ($5,000.00)
shall be sold by formal written contract to the highest responsible
bidder, after due notice inviting proposals.
[CC 1985 §25.100; Ord. No. 341-C §3, 6-18-1990]
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 in the City, and at least five (5) days preceding the last
day set for the receipt of bid proposals. The newspaper notice required
herein shall include a general description of the article to be purchased
or sold, or if the bid is for repair of City property, a general description
of the repair to be made, the time and place for opening of bids,
which shall be a regular or special meeting of the Board of Aldermen.
2. The
City shall solicit sealed bids from all known responsible prospective
suppliers buyers or repairmen by sending them a copy of such newspaper
notice, or such other notice as will acquaint all known prospective
bidders with the proposed purchase, sale or repair.
[CC 1985 §25.110; Ord. No. 341-C §4, 6-18-1990]
A. 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 notice. Whenever possible, the Mayor,
City Clerk, Department supervisor, chairmen of the appropriate Department
and project engineer should be present at the opening of the bids.
B. The City
Clerk or project engineer shall consolidate all bids and provide copies
to all members of the Board of Aldermen prior to the next regular
or special meeting of the Board of Aldermen.
C. A tabulation
of all bids received shall be posted for public inspection at least
twenty-four (24) hours prior to the next regular or special meeting
of the Board Aldermen at which the bids will be considered.
[CC 1985 §25.120]
A. Contracts
shall be awarded to the lowest 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 Moines 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 perform the contract of
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 contractor 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;
9. The
number and scope of conditions attached to the bid.
[CC 1985 §25.125]
All bids shall be accepted or rejected by the Board of Aldermen.
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.
[CC 1985 §25.130]
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 §25.140]
A. All purchases of supplies and contractual services, and all sales of personal property which has become obsolete and unusable for which competitive bidding is not required by Section
145.080 of this Code 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,
c. By
public notice posted on the bulletin Board of the City Hall.
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.
[CC 1985 §25.150]
In case of an apparent emergency which requires immediate purchase
of supplies or contractual services, the Board of Aldermen may authorize
the purchase at the lowest obtainable price, any supplies or contractual
services regardless of the amount to the expenditure. A full explanation
of the circumstances of an emergency purchase shall be recorded in
the journal of the Board of Aldermen.
[CC 1985 §26.160]
To the maximum extent practicable the purchases of this City
shall be made under the provisions of the Missouri State - Local Technical
Services Act. The provisions of this Chapter requiring competitive
bidding at the local level shall not apply to such purchases.
[CC 1985 §25.170]
Each purchasing agent may, on his/her own authority, contract
for supplies not to exceed five hundred dollars ($500.00) total cost
per order. Larger purchases must be approved in advance by the applicable
committee chairman. All purchases are subject to final acceptance
by the Board of Aldermen.
[CC 1985 §21.600]
A. The Mayor
of the City of Canton, Missouri, shall solicit proposal from all engineering,
architectural and surveying firms that shall be interested in providing
such services for the City of Canton, Missouri, for any capital improvement
project, study, plan, or survey that shall be undertaken by the City
of Canton, Missouri, that require the services of an engineering,
architectural or surveying firm.
1. All
such individuals or firms engaging in the practice of engineering,
architecture or surveying should annually ask that their names be
placed on a roster of individuals or firms seeking to provide such
services for the City of Canton, Missouri.
[CC 1985 §21.610]
A. All such
individuals or firms interested in providing such services for the
City of Canton, Missouri, shall supply, annually, the following information
to the Mayor of the City.
1. A resume
of the individual's or firm's qualifications.
2. A fee
structure for per hour services requested.
3. An agreement
to purchase error and/or omission or liability insurance coverage
in an amount sufficient to cover the estimated design cost of any
project under undertaken by the City of Canton, Missouri, contingent
upon the award of the contract to the successful firm.
4. Certification
that the individual or firm is duly authorized to conduct business
in the State of Missouri in the particular profession.
5. Certification
that the professional is registered by the State of Missouri.
[CC 1985 §21.600; Ord. No. 611-C §1, 3-19-2007]
A. A committee consisting of the Mayor, the Director or Public Works and one (1) other person to be appointed by the Mayor (the "Selection Committee") shall select the top three (3) individuals or firms submitting statements as provided for in Section
145.190. Representatives of the three (3) firms chosen shall be required to meet with the Selection Committee to clearly establish their qualifications for performing the work.
1. The
Selection Committee shall then select the firm considered best qualified
and capable of performing the desired work and negotiate a contract
for the project with the firm selected.
2. If the
Selection Committee is unable to negotiate a satisfactory contract
with the firm selected, negotiations with such firm shall be terminated.
The Selection Committee shall then undertake negotiations with another
of the qualified firms. If there is a failing of accord with the second
(2nd) firm, negotiations with such firm shall be terminated. The Selection
Committee shall then undertake negotiations with a third (3rd) qualified
firm.
3. If the Selection Committee is unable to negotiate a contract with any of the selected firms, the Selection Committee shall re-evaluate the necessary architectural, engineering or land surveying services, including the scope and reasonable fee requirements, again compile a list of qualified firms and proceed in accordance with the provisions of Sections
145.180 and
145.190 of the Municipal Code of the City of Canton.
4. Final
approval of the contract for architectural, engineering or land surveying
services shall be made by a majority of the Board of Aldermen sitting
at either a regular or special meeting of the Board.
[Ord. No. 611-C §2, 3-19-2007]
The Selection Committee shall make a recommendation to the Board
of Aldermen of one (1) of the qualified firms, taking into careful
consideration the firm's size, location, technical expertise, experience
and other factors pertinent to the proposed project.
[CC 1985 §21.640; Ord. No. 611-C §3, 3-19-2007]
A. If change
orders are necessary for the services, the following procedures shall
be employed:
1. If the
amount is less than two thousand dollars ($2,000.00), the Mayor may
approve the change.
2. If the
amount for additional services is less than five thousand dollars
($5,000.00) but in excess two thousand dollars ($2,000.00), the Mayor
shall submit a change order with valid justification of the Board
of Aldermen for approval.
3. If the
amount for additional services is more than five thousand dollars
($5,000.00), the Board of Aldermen may request justification for the
increase from the Mayor and approve the increase or it may, at its
discretion, seek a new contract for this portion of the project.