Cross Reference: As to requirements for public works projects, § 500.100.
[R.O. 1994 § 140.010; Ord. No.
2000-23 § 1, 9-12-2000]
A.
The City Administrator or his/her 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); Board pre-approval
is preferred.
[R.O. 1994 § 140.020; 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.
[R.O. 1994 § 140.030; 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.
[R.O. 1994 § 140.040; 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.
[R.O. 1994 § 140.050; 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.
[R.O. 1994 § 140.060; 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.
[R.O. 1994 § 140.070; 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.
[R.O. 1994 § 140.080; 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.
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 Subsection (A)(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.
[R.O. 1994 § 140.090; 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.
[R.O. 1994 § 140.100; 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.
[R.O. 1994 § 140.110; 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.
[R.O. 1994 § 140.120; 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.
[R.O. 1994 § 140.130; 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.
[R.O. 1994 § 140.140; 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.
[R.O. 1994 § 140.150; 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.
[R.O. 1994 § 140.160; 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.
