City of Hollister, MO
Taney County
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Table of Contents
Table of Contents

Section 145.010 Purchasing Agent Designated.

[CC 1983 §25.010]
A. 
The City Administrator is hereby designated as Purchasing Agent for the City. In the event the position of City Administrator is vacant the City Clerk shall perform the duties of the Purchasing Agent. The Purchasing Agent, 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.
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 Purchasing Agent, 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 145.020 Duties — Generally.

[CC 1983 §25.020]
A. 
In addition to the purchasing authority conferred in Section 145.010, and in addition to any other powers and duties conferred by this Code or other ordinance, the Purchasing Agent 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' catalog file. Said catalog 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 municipality for a stated period of time.

Section 145.030 Requisitions and Estimates.

[CC 1983 §25.030]
A. 
Each City department or agency shall file with the Purchasing Agent 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 Purchasing Agent shall prescribe.
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 cost.

Section 145.040 Conflict of Interest. [1]

[CC 1983 §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.
[1]
Cross Reference — See also ch. 150 of this code.

Section 145.050 Conflict of Interest — Officers and Employees Not to Deal With Certain Entities.

[CC 1983 §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.

Section 145.060 Conflict of Interest — Penalties.

[CC 1983 §25.060]
Any person who violates the provisions of Section 145.040 or Section 145.050 shall, upon conviction thereof, be punished as provided in Section 100.200 to 100.220 of this Code.

Section 145.070 Gifts and Rebates.

[CC 1983 §25.070]
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 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 Sections 100.200 to 100.220 of this Code.

Section 145.080 Competitive Bidding Required.

[CC 1983 §25.080]
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 145.090 Formal Contract Procedure.

[Ord. No. 334 §25.090, 7-7-1988; Ord. No. 95-48 §145.090, 12-21-1995; Ord. No. 98-30, 7-16-1998]
A. 
All purchases, other than daily operational maintenance supplies, shall be based on competitive bids, except that the Department Supervisors may authorize purchases of less than one thousand dollars ($1,000.00) in value on the open market.
B. 
On purchases where the estimated expenditure is less than ten thousand dollars ($10,000.00), bids may be secured without advertising. In this case the City Administrator shall post a notice of the proposed purchase on the bulletin board where City notices are posted and solicit bids, preferably with local business. A minimum of three (3) bids must be solicited. Bids may be by mail or facsimile and all bids will be documented even if solicited businesses decline to bid.
C. 
On purchases where the estimated expenditure is more than ten thousand dollars ($10,000.00) the City Administrator shall advertise for bids at least five (5) days before bids for such purchases are to be opened. If there is no response to the advertisement, the City Administrator may solicit bids by mail or phone. The bid shall be let to the lowest and best bidder.
D. 
The Board of Aldermen has the right to reject any and all bids and authorize the City Administrator to advertise for new bids or make the required purchases on the open market, if the item can be purchased at a better price.
1. 
Exempt from this Section is any purchase made under emergency conditions, in which failure to make the purchase would result in curtailment of City services. However, such purchase must have the approval of the Board of Aldermen.
2. 
Also, exempt from this Section is any purchase of used equipment of a type making it impractical to solicit or advertise for bids due to variations in condition of equipment, specifications, etc. In situations where used equipment is contemplated, the necessity of advertising for bids shall not be required, provided the Board of Aldermen approves the purchase.
3. 
Purchases made with State and Federal funds must be made in compliance with State and Federal regulations governing such purchases.
4. 
Any authorization and/or procurement made by an office Director of the City in excess of one thousand dollars ($1,000.00) without competitive bidding, other than as provided in the above exceptions, shall be a misdemeanor and will be punishable by a fine of not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500.00) or a sentence in the County Jail up to ninety (90) days, or both. If the person in violation of this Section is an appointed official or officer they will be terminated immediately.

Section 145.100 Policy on Purchase of American Products.

[Ord. No. 308 §25.091, 12-3-1987; Ord. No. 95-49 §145.100, 12-21-1995; Ord. No. 11-21, 9-15-2011]
A. 
On purchases in excess of five thousand dollars ($5,000.00), the municipal Purchasing Officers are encouraged to select products manufactured, assembled or produced in the United States and retailed in Hollister, Missouri if the quality and price are comparable with other goods.
B. 
Every contract for public works construction or maintenance in excess of five thousand dollars ($5,000.00) shall contain a provision requesting the contractor to use American products in the performance of the contract whenever the quality and price are comparable with other goods.
C. 
The Board of Aldermen encourages the people of the community to purchase products manufactured, assembled, or produced in the United States and retailed in Hollister, Missouri whenever the quality and price are comparable with other goods.

Section 145.110 Notice Defined.

[CC 1983 §25.100]
A. 
The notice required by Section 145.090 shall consist of the following:
1. 
Notice inviting bids shall be published once in at least one (1) official newspaper of the City 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 Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a "Bidders' List" which the Agent 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 Purchasing Agent shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the City Hall.
4. 
The Purchasing Agent 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 145.120 Bid Opening Procedure.

[CC 1983 §25.110]
Bids shall be submitted sealed to the Purchasing Agent 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 145.130 Lowest Responsible Bidder.

[CC 1983 §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 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;
9. 
The number and scope of conditions attached to the bid.

Section 145.140 Bids Accepted.

[CC 1983 §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.

Section 145.150 Tie Bids.

[CC 1983 §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.
B. 
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.

Section 145.160 Open Market Procedure.

[CC 1983 §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 145.090 of this Code shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 145.110 for the award of formal contracts.
1. 
All open market purchases shall, whenever possible, be based on at least three competitive bids, and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in Section 145.120.
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 Purchasing Agent 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 145.170 Emergency Purchases.

[CC 1983 §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 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 145.180 Cooperative Procurement.

[CC 1983 §25.160]
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.

Section 145.190 Proposals.

[Ord. No. 397 §1,2, 7-5-1990]
A. 
Whenever the City is desirous of contracting for Professional Consulting Services that cannot be provided "in house" a staff committee as herein described shall solicit proposals from engineering or consulting firms in Taney County and all other firms expressing an interest in providing for services for the City. Such interest shall be expressed in writing to the Purchasing Agent, renewable annually.
B. 
All proposals shall contain the following:
1. 
A resume of the firms qualifications containing Appendix 2 material, as on file in the Purchasing Agent's office.
2. 
A fee structure for per hour.
3. 
An agreement to purchase error/omission or liability insurance in amount sufficient to cover the estimated design cost of the project, contingent upon the award of the contract to the successful firm.
C. 
Any proposal received not meeting those criteria, received later than the specified deadline, or adding extra services or deleting requested services will not be considered.

Section 145.200 Selection.

[Ord. No. 397 §§3 — 5, 7-5-1990]
A. 
A staff committee consisting of the Mayor, Mayor pro-tem, and any co-opted member selected by them shall select the top three (3) firms submitting proposals, representatives of the said firms will be required to meet with the staff committee to clearly establish the detailed scope of the project so that it is clearly understood by all parties. The staff committee shall then request these firms to submit for a lump sum engineering/consulting fee required to meet the scope of the source requested when the deadline for submission has been reached the staff committee shall list the three (3) firms with their respective lump sum fee, commencing with the lowest bid and concluding with the highest. A copy of this list shall be forwarded by the Agent to the Mayor and the Board of Aldermen at the next regular scheduled meeting.
B. 
The staff committee shall make a recommendation to the Board of Aldermen of one of the qualified bidding firms, taking into careful consideration the lump sum charge. If a recommendation is made to the Board other than the lowest bidder, written valid justification of such recommendation must accompany it.
C. 
The policy provision of Appendix 1, as on file in the Purchasing Agent's office, shall be in force and reasonably followed in the selection of professional consulting services. Further data sheets, selection form, and outline for request in Appendix 2, 3, and 4 which are on file in the Purchasing Agent's office, shall be followed.