Cross Reference — As to requirements for public works projects, §500.100.
[Ord. No. 2000-23 §1, 9-12-2000]
A.
The Chief
Administrating Officer or his designator is hereby designated as the
purchasing agent for the City. 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 the 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 man 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 the City Officials, and the City shall
not be bound thereby.
C.
The purchasing
agent shall establish a purchase order system to implement this Section
and shall have the authority to make all purchases in amounts less
than one thousand dollars ($1,000.00); Council preapproval is preferred.
[Ord. No. 2000-23 §2, 9-12-2000]
A.
In addition
to the purchasing authority conferred in the preceding Section, and
in addition to any other powers and duties conferred by the Code and
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.
[Ord. No. 2000-23 §3, 9-12-2000]
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 matter, at such times, and for such future periods
as the purchasing agent shall prescribe.
B.
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.
C.
The purchasing
agent shall examine each requisition or estimate and shall have the
authority to revise it as to quantity, quality, or estimated cost
or disapprove it completely.
[Ord. No. 2000-23 §4, 9-12-2000]
No officer or employee of the City shall transact any business
in his official capacity with any business entity of which he is an
officer, agent or member or in which he owns a substantial interest;
nor shall he make any personal investments in any enterprise which
will create a substantial conflict between his private interest and
the public interest; nor shall he or any firm or business entity of
which he 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.
[Ord. No. 2000-23 §5, 9-12-2000]
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 shall be disqualified from rendering
any decision or passing any judgment upon the same.
[Ord. No. 2000-23 §6, 9-12-2000]
A.
Every
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.
B.
The manner
of procurement of "used" items shall be left to the discretion of
the purchasing agent.
[Ord. No. 2000-23 §8, 9-12-2000]
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, written
contract from the lowest responsible bidder, after due notice, inviting
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.
[Ord. No. 2000-23 §9, 9-12-2000; Ord. No. 2009-15, 3-10-2009]
A.
The notice
required by the preceding Section shall consist of the following:
1.
Except
as otherwise provided in this Section, 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, if applicable,
and the time and place of 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
the "bidder's list" which the purchasing 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 "bidder's list" shall be limited
to commodities that are similar in character and ordinarily handled
by the trade group to which the invitations are sent.
4.
The
purchasing agent shall maintain a "bidder's list" which consists of
responsible bidders who have requested their names to be added to
the bidder's list, together with sufficient documentation to demonstrate
that said vendors are responsible bidders in accordance with this
Chapter in response to a notice inviting prospective vendors to make
such request. Said bidder's list shall be updated at least annually
and shall be approved by the Board of Aldermen.
5.
If there is a minimum of three (3) responsible bidders on the bidder's list, the purchasing agent shall be permitted to solicit bids in accordance with Subsections (2) and (3) of this Section without publishing notice in accordance with Subsection (1) of this Section, provided that:
a.
The
purchasing agent has, within one (1) year of the date of the solicitation,
published a notice requesting bids for bidders to have their names
to be added to the bidder's list for the specific category or type
of supply or contract service for which such solicitations are being
sought;
b.
Written
notice shall be submitted to each such responsible bidder and said
written notice shall include a general description of the articles
to be purchased or sold or the contract services required, where bid
blanks and specifications may be secured, if applicable, and the time
and place of opening bids;
c.
No
less than three (3) written bids are received from responsible bidders;
and
d.
All
remaining provisions of this Chapter are complied with.
6.
When the estimated cost of supplies and contractual services does not exceed five thousand dollars ($5,000.00), the purchasing agent shall be permitted to solicit bids in accordance with Subsections (2) and (3) of this Section without publication, provided that:
a.
A
written notice, which includes a general description of the articles
to be purchased or sold, shall state where bid blanks and specifications
may be secured, if applicable, and the time and place of opening bids
shall be submitted to a minimum of three (3) vendors;
b.
No
less than three (3) written bids are received from responsible bidders;
and
c.
All
remaining provisions of this Chapter are complied with.
[Ord. No. 2000-23 §10, 9-12-2000]
Bids shall be submitted sealed to the purchasing agent and shall
be identified as bids on the envelope. The bids shall be opened at
the time and place stated in the public notices for the purpose of
tabulation. The tabulation of all bids received shall be posted for
public inspection.
[Ord. No. 2000-23 §11, 9-12-2000]
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 to 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.
[Ord. No. 2000-23 §12, 9-12-2000]
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. 2000-23 §13, 9-12-2000]
In making purchases or letting contracts the purchasing officer
shall give preference to firms which maintain offices or a place of
business within the corporate limits of the City of Lake Ozark when
the quality of the commodity or performance is equal or better and
the price is the same or less.
[Ord. No. 2000-23 §14, 9-12-2000]
Where there is no local low bidder or in cases where all bidders
are local, the award shall be made on the basis of the drawing of
lots to be held in public.
[Ord. No. 2000-23 §15, 9-12-2000]
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 140.070 of this Chapter shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 140.080 for the award of formal contracts.
B.
All open market purchases shall, when over one thousand dollars ($1,000.00) in amount, 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 140.100.
D.
The City
Clerk shall keep a record of all open market orders and the bids submitted
in competition thereof, and such records shall be open to public inspection.
[Ord. No. 2000-23 §16, 9-12-2000]
In case of apparent emergency which requires immediate purchase
of supplies or contractual services, any two (2) of the Mayor, Mayor
Pro Tem or purchasing agent 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.
[Ord. No. 2000-23 §17, 9-12-2000]
To the maximum extent practicable the purchases of this City
shall be made under the provision 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.
