City of Lake Ozark, MO
Miller County
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Table of Contents
Table of Contents
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.
3. 
The purchasing agent shall also solicit sealed bids by:
a. 
Direct mail request to prospective vendors, and/or
b. 
Telephone, and/or
c. 
Other means as may seem to him to be in the best interest of the City.
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.
C. 
The City shall solicit bids by:
1. 
Direct mail request to prospective vendors.
2. 
Telephone.
3. 
By public notice posted on the bulletin board of City Hall.
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.