City of Laurie, MO
Morgan County
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Table of Contents
Table of Contents

Section 135.010 Purchasing Agent Designated.

[Ord. No. 110 §A, 6-13-1988]
A. 
The City Clerk will act as purchasing agent for the City with primary responsibility for overseeing the purchasing process. The department head of each department will have daily responsibility of purchasing for their own departments and will have the responsibility to know or learn proper procedures for making all purchases prior to engaging in purchasing activities.
B. 
Except as provided in this Chapter, it shall be unlawful for any City Officer or employee to order the purchase of any supplies or make any contract within the purview of this Chapter other than through the City Clerk and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by City Officials and the City shall not be bound thereby.

Section 135.020 Duties Generally.

[Ord. No. 110 §B, 6-13-1988]
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 City Clerk shall:
1. 
Act to procure for the City the highest quality in supplies and contractual services at the least expense to the City.
2. 
Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
3. 
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.
4. 
Prepare, adopt and maintain a vendors' catalogue file. Said catalogue shall be filed according to materials and shall contain descriptions of vendors' commodities, prices and discounts.
5. 
Exploit the possibilities of buying "in bulk" so as to take full advantage of discounts.
6. 
Act so as to procure for the City all Federal and State tax exemptions to which it is entitled.
7. 
Have the authority to declare vendors who default on their quotations irresponsible bidders and to disqualify them from receiving any business from the City for a stated period of time.

Section 135.030 Requisitions and Estimates.

[Ord. No. 110 §C, 6-13-1988]
A. 
Each City department or agency shall file with the City Clerk detailed requisitions or estimates of their requirements in supplies and contractual services in such manner, at such times and for such future periods as the City Clerk shall prescribe.
1. 
A City department or agency shall not be prevented from filing, in the same manner, with the City Clerk 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 City Clerk shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality or estimated cost.

Section 135.040 Prohibited Acts by Elected and Appointed Public Officials and Employees.

A. 
No elected or appointed official or employee of the State or any political subdivision thereof shall:
1. 
Act or refrain from acting in any capacity in which he/she is lawfully empowered to act as such an official or employee by reason of any payment, offer to pay, promise to pay, or receipt of anything of actual pecuniary value paid or payable, or received or receivable, to himself/herself or any third person, including any gift or campaign contribution, made or received in relationship to or as a condition of the performance of an official act, other than compensation to be paid by the State or political subdivision; or
2. 
Use confidential information obtained in the course of or by reason of his/her employment or official capacity in any manner with intent to result in financial gain for himself/herself, his/her spouse, his/her dependent child in his/her custody, or any business with which he/she is associated;
3. 
Disclose confidential information obtained in the course of or by reason of his/her employment or official capacity in any manner with intent to result in financial gain for himself/herself or any other person;
4. 
Favorably act on any matter that is so specifically designed so as to provide a special monetary benefit to such official or his/her spouse or dependent children, including but not limited to increases in retirement benefits, whether received from the State of Missouri or any third party by reason of such act. For the purposes of this Subparagraph, "special monetary benefit" means being materially affected in a substantially different manner or degree than the manner or degree in which the public in general will be affected or, if the matter affects only a special class of persons, then affected in a substantially different manner or degree than the manner or degree in which such class will be affected. In all such matters such officials must recuse themselves from acting, except that such official may act on increases in compensation subject to the restrictions of Section 13 of Article VII of the Missouri Constitution; or
5. 
Use his/her decision-making authority for the purpose of obtaining a financial gain which materially enriches himself/herself, his/her spouse or dependent children by acting or refraining from acting for the purpose of coercing or extorting from another anything of actual pecuniary value.
B. 
No elected or appointed official or employee of any political subdivision shall offer, promote, or advocate for a political appointment in exchange for anything of value to any political subdivision.

Section 135.045 Additional Prohibited Acts by Certain Elected and Appointed Public Officials and Employees, Exceptions.

A. 
No elected or appointed official or employee of the State or any political subdivision thereof, serving in an executive or administrative capacity, shall:
1. 
Perform any service for any agency of the State, or for any political subdivision thereof in which he or she is an officer or employee or over which he or she has supervisory power for receipt or payment of any compensation, other than of the compensation provided for the performance of his or her official duties, in excess of five hundred dollars ($500.00) per transaction or five thousand dollars ($5,000.00) per annum, except on transactions made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer is the lowest received;
2. 
Sell, rent or lease any property to any agency of the State, or to any political subdivision thereof in which he or she is an officer or employee or over which he or she has supervisory power and received consideration therefor in excess of five hundred dollars ($500.00) per transaction or five thousand dollars ($5,000.00) per year, unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received;
3. 
Participate in any matter, directly or indirectly, in which he or she attempts to influence any decision of any agency of the State, or political subdivision thereof in which he or she is an officer or employee or over which he or she has supervisory power, when he or she knows the result of such decision may be the acceptance of the performance of a service or the sale, rental, or lease of any property to that agency for consideration in excess of five hundred dollars ($500.00) value per transaction or five thousand dollars ($5,000.00) value per annum to him or her, to his or her spouse, to a dependent child in his or her custody or to any business with which he or she is associated unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received;
4. 
Perform any services during the time of his or her office or employment for any consideration from any person, firm or corporation, other than the compensation provided for the performance of his or her official duties, by which service he or she attempts to influence a decision of any agency of the State, or of any political subdivision in which he or she is an officer or employee or over which he or she has supervisory power;
5. 
Perform any service for consideration, during one (1) year after termination of his or her office or employment, by which performance he or she attempts to influence a decision of any agency of the State, or a decision of any political subdivision in which he or she was an officer or employee or over which he or she had supervisory power, except that this provision shall not be construed to prohibit any person from performing such service and receiving compensation therefor, in any adversary proceeding or in the preparation or filing of any public document or to prohibit an employee of the executive department from being employed by any other department, division or agency of the executive branch of State Government. For purposes of this Subparagraph, within ninety (90) days after assuming office, the governor shall by executive order designate those members of his or her staff who have supervisory authority over each department, division or agency of State Government for purposes of application of this Subparagraph. The executive order shall be amended within ninety (90) days of any change in the supervisory assignments of the governor's staff. The governor shall designate not less than three (3) staff members pursuant to this Subparagraph;
6. 
Perform any service for any consideration for any person, firm or corporation after termination of his or her office or employment in relation to any case, decision, proceeding or application with respect to which he or she was directly concerned or in which he or she personally participated during the period of his or her service or employment.

Section 135.050 Gifts and Rebates.

[Ord. No. 110 §E, 6-13-1988]
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. Any person who violates the provisions of this Section shall be guilty of a misdemeanor.

Section 135.060 Competitive Bidding Required.

[Ord. No. 110 §F, 6-13-1988]
All purchases of and contracts for supplies and contractual services and all sales of personal property which has become obsolete and unusable shall, except as specifically provided herein, be based wherever possible on competitive bids.

Section 135.070 Formal Contract Procedure.

[Ord. No. 110 §G, 6-13-1988]
A. 
No purchase, purchases or contracts for services of any kind or descriptions, payment for which is to be made from funds of the City, shall be made by the purchasing agent or any officer, employee or agent of the City, except in the manner hereinafter set forth.
1. 
Under $750.00. Whenever any contemplated purchase or contract for services is for the sum of less than seven hundred fifty dollars ($750.00), the Purchasing Agent of the City may order the item or items as needed without further formality as long as the department has sufficient funds within the budget.
2. 
$750.00 to $10,000.00. Whenever any contemplated purchase or contract for services is for the sum of seven hundred fifty dollars ($750.00) and no more than ten thousand dollars ($10,000.00), the Purchasing Agent shall solicit at least three (3) written or telephone bids for the item or items of service on bid forms and award the purchase or contract of service to the lowest responsible bidder.
3. 
Over $10,000.00. Whenever any contemplated purchase or contract for services for the sum of more than ten thousand dollars ($10,000.00), the purchasing agent shall cause to be published in one (1) issue of a newspaper of general circulation in the City notice inviting bids, which said notice shall be published at least ten (10) days prior to date set for the receipt of the bids. The notice herein required shall include a general description of the articles to be purchased or services performed and the time and place for opening bids. In addition, the purchasing agent shall post a notice inviting bids in the City Hall of Laurie, Missouri, and may also mail to all responsible prospective suppliers of the items to be purchased or services performed a copy of the notice inserted in the newspaper as hereinbefore required.

Section 135.080 Notice Defined.

[Ord. No. 110 §H, 6-13-1988]
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 or County newspaper in which the City is located and at least five (5) days preceding the last day set for the receipt of proposals. The newspaper notice 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 Clerk shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a "bidders' list", which the Clerk 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 trade group to which the invitations are sent.
3. 
The City Clerk shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the City Hall.
4. 
The City Clerk shall also solicit sealed bids by:
a. 
Direct mail request to prospective vendors, and
b. 
By telephone
as may seem to him/her to be in the best interest of the City.

Section 135.090 Bid Opening Procedure.

[Ord. No. 110 §I, 6-13-1988]
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 notices. A tabulation of all bids received shall be posted for public inspection.

Section 135.100 Lowest Responsible Bidder.

[Ord. No. 110 §J, 6-13-1988]
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 monies 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 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 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; and
9. 
The number and scope of conditions attached to the bid.

Section 135.110 Bids Accepted.

[Ord. No. 110 §K, 6-13-1988]
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.

Section 135.120 Tie Bids.

[Ord. No. 110 §L, 6-13-1988]
If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the Board of Aldermen may, at their discretion, award the bid to a local bidder.

Section 135.130 Open Market Procedure.

[Ord. No. 110 §M, 6-13-1988]
A. 
All purchases of supplies and contractual services and all sales of personal property which have become obsolete and unusable for which competitive bidding is not required herein shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed herein for the award of formal contracts.
1. 
All open market purchases shall, wherever 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 herein.
2. 
The City shall solicit bids by:
a. 
Direct mail request to prospective vendors;
b. 
By telephone; and
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.

Section 135.140 Emergency Purchases.

[Ord. No. 110 §N, 6-13-1988]
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 of any supplies or contractual services regardless of the amount of the expenditure. A full explanation of the circumstances of an emergency purchase shall be recorded in the journal of the Board of Aldermen.

Section 135.150 Cooperative Procurement.

[Ord. No. 110 §O, 6-13-1988]
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.

Section 135.160 Public Works Contracts.

[Ord. No. 2001-02 §1(P), 1-16-2001]
A. 
All other provisions of this Chapter notwithstanding, where several products or processes are available for public works contracts, each from only one (1) source by reason of a monopoly, patent or other reason and the City concludes and finds upon the advice of its consulting engineers that open and free competition cannot be obtained by public bidding for only one (1) of said products, then the following additional procurement method is permitted and said method shall be termed Procurement by Competitive Proposals or Procurement by Competitive Negotiation, which terms are used synonymously in Federal regulations implementing similar procedures.
1. 
Competitive negotiation/competitive proposals. In competitive negotiations (competitive proposals), proposals are requested from a number of sources and the request for proposal is publicized. Negotiations are normally conducted with more than one (1) of the sources submitting offers. Competitive negotiation may be used if conditions are not appropriate for the use of formal advertising and where discussions and bargaining with a view to reaching agreement on the technical quality, price or other terms of the proposed contract and specifications may be necessary. If competitive negotiation is used for a procurement, the following requirements shall apply:
a. 
Proposals shall be solicited from an adequate number of qualified sources to permit reasonable competition consistent with the nature and requirements of the procurement. The request for proposals shall be publicized and reasonable requests by other sources to compete shall be honored to the maximum extent practicable. The City will endeavor to obtain at least three (3) proposals.
b. 
The request for proposal shall identify all significant evaluation factors and their relative importance.
c. 
The owner shall provide mechanisms for technical evaluation of the proposals received, determination of responsible offerors for the purpose of written or oral discussions and selection for contract award.
d. 
Award may be made to the responsible offeror whose proposal will be most advantageous to the owner. Unsuccessful offerors should be promptly notified.
2. 
In interpreting the intent and meaning of the competitive negotiation authorization, the City will be guided by regulations and decisions interpreting 7 CFR 1780.73(c) and 24 CFR 85.36(C)(4)(d)(3).
3. 
The City or financing agencies financing a public works project of the City may determine that a product or process acquired by competitive negotiation/competitive proposals should be a required component of the general contract to avail the City of contractual warranties by the general contractor or for other benefits to the municipality. In this event, the product or process will be determined by the competitive negotiation/competitive proposal method and specifically identified and included as a mandatory component in the general contractor's bid and contract.