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Town of Carrollton, MO
Carroll County
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Table of Contents
Table of Contents
[Ord. No. 2015-1174 § 1, 8-17-2015]
A. 
Establishment. There is established the office of Purchase Agent who shall be appointed by the Mayor with the approval of the Town Council.
B. 
Scope Of Purchasing Authority; Duties. The Purchasing Agent is authorized, and it shall be his or her duty, to purchase or contract for supplies and contractual services needed by the Town of Carrollton in accordance with purchasing procedures as set forth, such rules and regulations as the Purchase Agent shall adopt for the internal management, and other such rules and regulations as prescribed by the Town Council.
C. 
Unauthorized Purchases. Except as provided in this Chapter, no Town Officer or employee shall order the purchase of supplies or equipment other than through the office of Purchasing Agent, and any purchase ordered contrary to the provisions of this Chapter are not to be approved by the Purchasing Agent and the Town is not to be bound thereby.
D. 
Other Powers And Duties. In addition to the purchasing authority conferred above and in addition to other powers conferred by this policy, the Purchasing Agent shall:
1. 
Act to procure for the Town the highest quality items with the least expense to the Town.
2. 
Endeavor to obtain as full and open competition as possible on purchases.
3. 
Maintain such forms as he or she shall find reasonable and necessary to effectively implement this policy.
4. 
Explore the possibilities of buying in bulk so as to take full advantage of discounts available.
5. 
Have the authority to declare vendors who default on their bids as irresponsible bidders and to disqualify them from receiving requests for bids in the future.
[Ord. No. 2015-1174 § 2, 8-17-2015; Ord. No. 2019-1311, 3-18-2019]
A. 
Subject to the other provisions of this Section, purchases or sales of goods of any kinds when payment is to be made from the funds of the Town of Carrollton, should be made according to these procedures:
1. 
Purchases Under One Hundred Fifty Dollars ($150.00). Purchase of items in this category shall be in the most expedient manner with due regard for competitive prices and quality. No purchase order is required, if there are adequate monies in the budget to accommodate the purchase.
2. 
Purchases Over One Hundred Fifty Dollars ($150.00) And Up To And Including Five Thousand Dollars ($5,000.00). For purchases in this category, bids are to be solicited by mail, electronic communication, or telephone request from prospective vendors, from which the lowest and best bid with proper qualifications is to be accepted. Purchases over one hundred fifty dollars ($150.00) and up to and including five thousand dollars ($5,000.00) require that a purchase order be issued by the Purchasing Agent. The purchase order form is approved by the Purchasing Agent and will be handled as directed by the Purchasing Agent. Purchases up to two thousand dollars ($2000.00) shall be approved by the department head or Purchasing Agent or the Mayor. Purchases of two thousand dollars ($2000.00) or greater must be approved by the department head and the Mayor.
3. 
Purchases Over Five Thousand Dollars ($5,000.00). All purchases in this category shall require that sealed bids be procured after notice as set forth in Section 135.030 and require approval of the applicable department head, board, or the Town Council before solicitation of sealed bids. Reasonable efforts shall be made to solicit at least three (3) sealed bids. These purchases must be approved by the Town Council.
4. 
Sales Of Property.
a. 
All sales of property owned by the Town of an expected value of less than fifty dollars ($50.00) shall be made only after a notice is posted in Town Hall and, if practical, on the Town's website and an effort is made to solicit sealed bids by direct mail, electronic communication, or by telephone to prospective purchasers as may seem to him or her to be in the best interest of the Town.
b. 
All sales of property owned by the Town of an expected value of fifty dollars ($50.00) or greater shall require either that sealed bids be procured after notice as set forth in Section 135.030, or that the property be sold by public auction. In addition, the Council may direct that sales of real estate be sold by listing of the real estate with a realtor who is selected by the Council.
[Ord. No. 2015-1174 § 3, 8-17-2015]
A. 
The procedure for Bids required to be obtained by formal bid procedures is as follows:
1. 
A notice inviting bids is to be publicized by:
[Ord. No. 2019-1311, 3-18-2019]
a. 
Publication at least once in the official newspaper of the Town at least five (5) days preceding the last day set for the receipt of bids, or
b. 
Posting of the notice for bids on the Town's website or another website commonly used by municipalities for the publication of bids.
The notice of bid should include a general description of the goods to be purchased or sold, a statement where bid blanks and specifications may be obtained, the time and place for submission and opening of bids, and general bid specifications. Additionally, the Purchasing Agent may solicit sealed bids by direct mail, electronic communication, or by telephone.
2. 
Bid Record. A record of all bids solicited by mail, telephone, or electronically shall be maintained as provided in the Town's record retention policy.
3. 
Notice To Vendor/Purchaser List. The Purchasing Agent also will solicit sealed bids from all responsible prospective vendors or purchasers who have requested their names be added to a "bidders' 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. Invitations sent to the vendors or purchasers on the bidders' list shall be limited to goods that are similar in character and ordinarily handled by the vendor or purchaser to which the invitations are sent.
4. 
Bid Opening Procedure. Bids shall be submitted sealed to the Purchasing Agent and shall be identified as bids on the envelope, with no fax bids to be accepted on purchases or sales in excess of five thousand dollars ($5,000.00). The bids shall be opened in public at the time and place stated in the public notices.
5. 
Tabulation. A tabulation of all bids received shall be posted for public inspection and a tabulation report forwarded to the Town Council.
6. 
Right To Reject Bids. The Town Council shall have the authority to reject any and all bids or parts of bids and may readvertise or resolicit bids whenever it is deemed to be in the best interest of the Town of Carrollton.
[Ord. No. 2015-1174 § 4, 8-17-2015]
A. 
It is the responsibility of the Purchasing Agent and the department head to review and investigate all bids received and to then make a recommendation to the board or Town Council regarding acceptance of the lowest responsible bidder. In determining the lowest responsible bidder, the following should be considered:
1. 
To insure that bids are received on comparable items, care should be taken to give all bidders the specifications, quality, and quantity of items to be purchased.
2. 
The Quality Of Item Bid. The lowest bid may not always be of equal or higher quality.
3. 
Availability. If the item is needed immediately and the low bidder cannot deliver in a timely fashion, another bid may be considered.
4. 
The previous and existing compliance by the bidder with the laws and ordinances of the Town of Carrollton.
[Ord. No. 2015-1174 § 5, 8-17-2015]
A. 
Exclusive Vendor. In the event that there is only one firm or company capable of providing a service or product and an equivalent or compatible service or product cannot be secured from other vendors, then the bidding requirements contained above shall not be applicable and the Purchasing Agent is authorized to proceed with the purchase after Council approval.
B. 
Emergency Purchases. In case of an emergency which requires immediate purchase of products or services and time is of the essence, the Mayor shall be empowered to authorize the purchase without complying with the procedures as set forth in this policy. This Subsection shall also apply to any natural disaster or civil emergency requiring an immediate response on the part of the Town. A report of the circumstances requiring an emergency purchase shall be filed by the Purchasing Agent with the Town Council.
[Ord. No. 2015-1174 § 6, 8-17-2015]
A. 
Any purchase in which any official or employee of the Town of Carrollton is financially interested, must be bid pursuant to the procedure in Section 135.030 and to be accepted, the bid must be the lowest bid.
B. 
No official, agent or employee of the Town of Carrollton shall directly or indirectly receive any gift or money or commodities under any circumstances in which it could reasonably be expected to influence the performance of their duties or intended as a reward for any action on their part. Gifts received for placing orders and gifts received for swaying official actions are strictly prohibited.
C. 
No officer or employee of this Town 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 already is engaged in the business transaction at the time a matter arises, he or she shall be disqualified from rendering any decision or passing any judgment upon the same.
[Ord. No. 2015-1174 § 7, 8-17-2015]
The Purchasing Agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interest of the Town would be served and after approval of the Council and purchase through the State of Missouri cooperative purchase program without the necessity of following the procedures of this chapter.
[Ord. No. 2016-1194 § 8, 7-2016]
A. 
Purchases from State or other governmental agencies' surplus property are encouraged when the products available meet the Town's requirements for quality and good value.
B. 
Purchases from the State or other agencies' surplus property may be made without additional bids as follows. The Purchasing Agent, with the approval of the Mayor, shall have the authority to authorize purchases from the Missouri State Agency for Surplus Property or similar governmental agency surplus property when the best interest of the Town would be served for purchases up to twenty thousand dollars ($20,000.00) without approval of the Council if adequate funds for such purchase are in the budget for the department proposing to make such purchase. For purchases of surplus property in excess of twenty thousand dollars ($20,000.00) from the Missouri State Agency for Surplus Property or similar agency surplus property, prior authorization of the amount approved to be expended must be obtained in advance from the Council.
[Ord. No. 2018-1276, 4-16-2018]
A. 
If a local bidder is within:
1. 
Five percent (5%) of the lowest bid from an out of town bidder on a construction or other bid purchase up to twenty-five thousand dollars ($25,000.00);
2. 
Within two and one-half percent (2 1/2%) on such project or purchase from twenty-five thousand one dollars ($25,001.00) up to one hundred thousand dollars ($100,000.00), or
3. 
Within one and one-half (1 1/2%) percent on such project or purchase over one hundred thousand one dollars ($100,001.00),
then the local bidder will be awarded the bid unless the bidder does not satisfy the other considerations as provided in this Chapter.
B. 
The local purchasing preference policy shall not apply in the following instances:
1. 
When purchases and/or contracts are funded in whole or in part by Federal funds;
2. 
When purchases are not required to be formally bid, such as sole source procurements, emergency procurements and any other such procurements as defined in the City procurement policy or the City emergency management policy;
3. 
When such preference is in conflict with any applicable State or Federal laws, rules or regulations.
C. 
The local purchasing preference policy shall not apply to private construction projects financed with public assistance, including, but not limited to, tax increment financing, Chapter 100 bonds, Chapter 353 redevelopment projects and enterprise zone redevelopment.
D. 
"Local" is defined as a business operating within the corporate limits of the Town of Carrollton. Evidence of legitimate business presence in Carrollton shall include:
1. 
Having a current Town of Carrollton business license; and
2. 
Having either of the following types of offices operating legally within Carrollton:
a. 
Principal business office; or
b. 
Regional, branch or satellite office with at least one (1) full-time employee; and
3. 
Not have any outstanding liens, fines, or violations with the Town.
"Local" shall not include the following:
1.
Those businesses with only a local Carrollton post office box; or
2.
Those businesses with a sales presence in the Town, but no physical business location within the Town limits; or
3.
Home based businesses that merely take orders for products shipped from out-of-town to their customers.
Exceptions will be considered on a case-by-case basis when a written request is submitted to the Purchasing Agent.
E. 
Notwithstanding the foregoing, the local bidder must otherwise meet all qualifications and procurement policy requirements of the City, including, but not limited to, the "best bid" requirements, in order to be awarded a bid under this Section.
[Ord. No. 2019-1333, 12-2-2019]
The Police Chief is authorized from time to time to enter into a training cost reimbursement agreement with any employee of the Town Police Department who the Police Chief approves for training to qualify as a police officer or to improve the employee's skills as a police office. The form of the training cost reimbursement agreement shall be approved by the legal counsel for the Town.