[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.
[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.
[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.
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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[Ord. No. 2019-08, 10-8-2019]
A.
In
the event any protest, dispute or claim arises out of procurement
as related to this contract, the protest dispute or claim must be
filed by certified mail with the City Clerk within fifteen (15) days
of bid opening. Any such protest, dispute or claim shall state in
detail its basis.
B.
In
the event that a protest, dispute or claim arises out of procurement
as related to this contract following bid opening, the following procedures
shall be followed for filing, review, and resolving said protest,
dispute, or claim:
C.
The
City Clerk will notify the Mayor within three (3) calendar days of
receipt of any protest, dispute or claim.
D.
Within
fourteen (14) days of receipt of protest, the Mayor will consult with
the City Attorney and will act upon the claim in one (1) of the following
actions:
E.
Neither
the EPA nor the Missouri Department of Natural Resources will be involved
in a protest(s) and their resolutions.
[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.
[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.
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.
[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.
[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.
[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.
