[R.O. 2009 § 145.010; R.O. 2007
§ 180.010; Ord. No. 1810, 8-13-1998; Ord. No. 2637, 7-13-2006; Ord. No. 2659, 10-12-2006; Ord. No. 2720, 5-10-2007; Ord. No. 2891 § I, 10-8-2009; Ord.
No. 3059 § I, 9-13-2012; Ord. No. 3719, 3-29-2022]
A.
INFORMAL WRITTEN BID
FORMAL WRITTEN BID
Definitions. The following terms will have
the following definitions as used in this Section:
A proposal solicited via letter, facsimile, or electronic
mail by the City of Bolivar.
Proposals requiring a formal advertisement, written specifications,
and sealed bid.
B.
Purchasing Procedure.
1.
Purchases Under $1,000.00. For purchases
of goods and/or services in an amount that are under one thousand
dollars ($1,000.00), no purchase order is required, and the most advantageous
method of purchasing should be used. The applicable Department Head
should designate supervisors or employees who will be allowed to make
purchases and provide internal control procedures to ensure that all
purchases are for legitimate public purposes, that monthly statements
from vendors are reconciled, and that all purchases are accounted
for. It is the responsibility of each Department Head to ensure internal
control over this process in their department. The Department Head
would only be required or requested to approve the individual purchases,
if the purchase procedure had not been followed.
2.
Purchases From $1,000.00 To Under
$2,499.00. For purchases of goods and/or services between one thousand
dollars ($1,000.00) and two thousand four hundred ninety-nine dollars
($2,499.00), no purchase order is required, and the most advantageous
method of purchasing should be used. It is the responsibility of each
Department Head to ensure control over this process. The applicable
Department Head must approve these purchases and provide internal
control procedures to insure that all purchases are for legitimate
public purposes, that monthly statements from vendors arc reconciled,
and that all purchases are accounted for.
3.
Purchases From $2,500.00 To $9,999.00.
For purchases of goods and/or services between two thousand five hundred
dollars ($2,500.00) and nine thousand nine hundred ninety-nine dollars
($9,999.00), purchase orders are required and a minimum of three (3)
informal written bids should be obtained. The bid tabulation form
must be signed by the Department Head and the City Administrator,
or Mayor. The department making the purchase is required to obtain
the quotes. If a Department Head is unable to secure three (3) informal
written bids, a notation explaining why less than three (3) qualified
vendors were available should be made on the form, and forwarded to
the City Administrator or Mayor for approval.
4.
Purchases Of ten thousand dollars
($10,000.00) And Over. For purchases of goods and/or services of ten
thousand dollars ($10,000.00) and greater, a minimum of three (3)
formal written bids should be obtained. All requirements for the formal
written bidding process must be met as set forth in this Section,
including the preparation of detailed specifications which are clear,
concise and accurate. Additionally, before a purchase order can be
authorized and generated, the purchase must be approved by the City's
Board of Aldermen.
5.
Notwithstanding the foregoing provisions,
the City Administrator or, if the City Administrator is unavailable
then the Mayor, is hereby authorized to purchase for the City of Bolivar
(without bid) any goods and/or services for the safe and efficient
operation of the City that does not exceed ten thousand dollars ($10,000.00)
for any one (1) item or quantity of service; provided that the purchase
of such item or service is budgeted for the fiscal year in which such
item or service is required to be paid.
C.
Formal Written Bidding Procedure. When
there is a need for a formal written bid pursuant to the terms of
this Section, the following bidding procedure shall be utilized:
1.
Preparation Of Specifications. Minimum
specifications shall be prepared by appropriate City personnel or
contractors, presented to the City Administrator or in his/her absence
to the Mayor for review and approval, a determination made by the
City Administrator or in his/her absence by the Mayor that the purchase
has been duly budgeted and that funds are available from which payment
may be made for the goods or services proposed to be purchased, and
a request and notice for bids prepared. If more precise specifications
are needed or required, a vendor or vendors may be contacted for that
purpose. Bid forms, documents and specific instructions, if required,
will be provided by the City of Bolivar.
2.
Requests For Proposals (Bids). Formal
written bids must be advertised in the local newspaper or sent to
each local vendor individually and may be placed on the City's website
for prospective bidders to review if no local vendor is available,
a minimum of one (1) week prior to the time sealed bids are due. The
ad will provide an explanation and/or description of the item or service
for which the bids are being requested. The request for proposals
shall specify where information shall be obtained regarding the items
or services to be bid and will explain any other pertinent information
(i.e., preference to minority contractors/suppliers, equal opportunity
notices, etc.). The City Administrator may also use, either independently
or together, the State bid on the items/services in question and/or
electronic bids collected over a network-bidding provider.
3.
Pre-Bid Conference. For some projects
(i.e., public works activities) a pre-bid conference may be necessary.
If a pre-bid conference is considered to be necessary by the City
Administrator, it will he held no less than one (1) week prior to
the bid opening date. The City Administrator, Public Works Director
and appropriate department foreman will meet with the prospective
bidders to discuss the scope of the project and specifications of
the bid. Questions concerning interpretation of plans or specifications
shall be submitted, in writing, to the City Administrator. In the
event any change is made in the plans or specifications, an addendum
will be sent to all plan and specification holders.
4.
Sealed Bid Opening And Additional
Requirements.
a.
All bids must be submitted sealed and identified as "bid" on the
envelope. Properly executed and marked sealed bids will be received
at City Hall, City of Bolivar, Attention City Clerk, P.O. Box 9, 345
S. Main St., Bolivar, MO 65613, or other specified location, on the
date and time specified. Sealed bids will be opened and read aloud
by the City Administrator or other individual as designated by the
City Administrator, at a date and time specified. In any event, all
sealed bids must be opened in public in the presence of one (1) or
more witnesses. All sealed bid openings will be open and accessible
to the general public. All bids will be subject to review for accuracy
and completeness by the City Administrator and or City Engineer/Consulting
Engineer (when appropriate and necessary). Bids will be properly tabulated
on "bid tab" forms provided by the City and presented for consideration
by the Board of Aldermen at the next regularly scheduled meeting of
the Board of Aldermen.
b.
Based on due consideration, the City Administrator and/or City Engineer/Consulting
Engineer shall recommend the "lowest and best" bid based on individual
features that might be offered for the price quoted over and in addition
to, its statement of features desired, as set forth in the invitation
to bid. The City reserves the right to reject a low cash bid and accept
a higher bid if the equipment, in the judgment of the Board of Aldermen
more nearly meets the needs of the City than the lowest priced equipment
offered.
c.
The City Administrator has the authority to reject any and all bids
or any part of any bid and may re-advertise or re-solicit bids whenever
it is deemed to be in the best interest of the City. Invitations to
bid will state this policy.
d.
A written request for the withdrawal of a bid, or any part thereof,
will be granted if the contact person for the bid submission receives
the request prior to the specified time bids are due. Bids, amendments
to bids, or requests for withdrawal of bids received after a bid opening
has commenced shall not be considered.
5.
When Time Is Of The Essence. On occasion,
a situation may arise when an item or service may be needed quickly
before the bidding process heretofore described can be followed. In
other circumstances the item to be purchased may be of such a nature
that formal bidding is not practical because of the inability to devise
specifications that would be common to multiple bidders. An example
of the latter situation would be in connection with the purchase of
a used vehicle or the purchase of a used piece of equipment, where
attempting to develop specifications would be impossible or impractical
inasmuch as the inventory of vehicles or equipment on hand at one
(1) or more dealers or retailers would vary significantly from the
inventory on hand for another dealer or retailer or other dealers
or retailers. Should either of these situations occur, the applicable
Department Head or the City Administrator shall obtain no less than
two (2) price quotations for goods or services that meet the requirement
of the City. Such quotations may be provided by mail, facsimile transmission
or electronic mail as the circumstances may justify and require. The
City Administrator may also use, either independently or together,
the State bid on the items and services in question and/or electronic
bids collected over a network bidding provider with confirmation of
such bid or bids received as quickly as possible by the City Administrator.
Upon receipt of such quotations, the Mayor and Aldermen, who are available
by telephone, will be contacted to obtain their oral approval or disapproval
of a proposed purchase. If the Mayor and a majority of the Board of
Aldermen orally consent to the purchase, the City Administrator shall
be authorized to issue a purchase order consistent with the approval
of the Mayor and the majority of the Board of Aldermen and such action
shall be confirmed at the next regular or special meeting of the Board
of Aldermen.
D.
In no event shall the above policy override
any State of Missouri laws to the contrary and is intended to comply
with all bidding procedures for Fourth Class Cities of the State of
Missouri.
E.
Policy On Purchase Of American Products.
It is the policy of the City of Bolivar to encourage the purchase
of products manufactured or produced in the United States when the
quality and price of such products are comparable with other goods.
1.
On purchases in excess of two thousand dollars ($2,000.00), the municipal
purchasing officers are encouraged to select products manufactured,
assembled or produced in the United States if the quality and price
are comparable with other goods.
2.
Every contract for public works construction
or maintenance in excess of twenty-five thousand dollars ($25,000.00)
shall contain a provision encouraging the contractor to use American
products in the performance of the contract whenever the quality and
price are comparable with other goods.
[R.O. 2009 § 145.020]
A.
Notwithstanding the provision of this Chapter,
purchase of items or services pursuant to this Chapter may be made
which are not in conformity with this Chapter under the following
circumstances:
1.
Single-Source Purchases. In the event
there is only one (1) acceptable vendor capable of furnishing a particular
service or commodity, the Purchasing Agent shall be authorized to
procure such service or commodity without bidding. The Purchasing
Agent shall document the particular facts which make the item a single-source
purchase, and the City Administrator must approve the purchase. The
reason for avoiding single-source purchases is to avoid bias or preference
for a particular product made by a particular company.
2.
Emergency Purchases. Where an emergency
situation requires immediate purchase of supplies or services and
time is of the essence, the Purchasing Agent shall be authorized to
procure the supplies or services needed without bidding. The Purchasing
Agent shall maintain a written record of the circumstances surrounding
emergency purchases and the City Administrator must approve the purchases.
All emergency purchases in excess of five thousand dollars ($5,000.00)
shall be documented and presented to the Board of Aldermen within
ten (10) calendar days of the expenditure.
3.
Situations Calling For Competitive
Negotiations. Where it can be demonstrated that the City receives
the best value on a purchase through informal discussion and bargaining
rather than through the conventional bidding process, the Purchasing
Agent shall not be required to follow the conventional bidding process
exclusively. Such purchases shall be documented by the Purchasing
Agent and approved by the City Administrator or Mayor. Examples would
include, but not be limited to, circumstances when time is a crucial
factor, when the procurement involves high technology items, or when
there is obvious inherent economy in purchasing from a particular
vendor.
4.
Cooperative Purchasing. Established
purchasing procedures should not apply to purchases made by, through,
or with the Division of Procurement of the State of Missouri or any
other governmental agency or unit with whom the City is permitted
to engage in cooperative purchasing.
5.
Confidential Expenditures. Confidential
expenditures such as payments to informants, purchase of materials
as evidence (such as narcotics), or other uses as may be required
by law enforcement personnel working in an undercover capacity cannot
be subject to normal purchasing procedures. At such time as the circumstances
require such expenditures to be made by the City, an imprest cash
fund controlled by a bonded officer of the City shall be established.
All disbursements made from such fund shall be approved by the Chief
of Police and shall be documented by written vouchers showing date,
amount, nature of expenditure, signature of requesting officer or
agent, and approval of the Chief of Police.
[R.O. 2009 § 145.030; Ord. No. 3094 § I, 8-27-2013]
A.
Notwithstanding any provisions of this Chapter to the contrary, the City Clerk is authorized to pay the City's regular and recurring bills upon receipt of invoice or demand for payment without prior approval of the Board of Aldermen so long as the following conditions are met:
1.
The service for the bill so paid
pursuant to this Section is a monthly recurring service for which
the City receives a monthly invoice or demand for payment; or
2.
The bill so paid pursuant to this
Section is for items and supplies regularly used in the day-to-day
operations of the City; and
3.
The service or supply for the bill
so paid pursuant to this Section has been budgeted for the calendar
year in which it is paid; and
4.
The amount of the bill so paid pursuant
to this Section does not exceed ten percent (10%) of the average monthly
cost for the service or supply calculated as of the prior twelve (12)
months from the month of receipt of invoice or demand for payment.
B.
The City Clerk will provide a written monthly
reporting to the Board of Aldermen of all of the City's bills and
expenditures for the same.
