[R.O. 2003 § 125.010; Ord. No.
4.106 § 1, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
This Chapter shall be known and may be cited as the Purchasing
Ordinance of the City of Marceline.
[R.O. 2003 § 125.020; Ord. No.
4.106 § 2, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
For the purposes of this Chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein:
Shall be designated as the Purchasing Agent for the City
of Marceline.
Includes all telephone, gas, water, electric light and power
service; towel and cleaning service; insurance; leases for all grounds,
buildings, office or other space required by the using agencies; and
the rental, repair or maintenance of equipment, machinery and other
City-owned personal property as well as all public works projects.
The term shall not include professional and other contractual services
which are in their nature unique and not subject to competition.
Includes all supplies, materials and equipment.
Any department, agency, commission, bureau or other entity
in the City Government using supplies or procuring contractual services
as provided for in this Chapter.
[R.O. 2003 § 125.030; Ord. No.
2.301 §§ 1 — 9, 9-19-1955; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
A.
It shall be unlawful for any officer or employee of the City to enter
into any contract with the City for the purchase or sale of any commodity
or service to the City or for any such officer or employee to sell
to or purchase from the City any commodity or service except as hereinafter
expressly provided.
1.
Nothing herein contained shall apply to or prevent the payment
for services rendered by an officer or employee in the performance
of regular or established duties as such officer or employee.
2.
Nothing herein contained shall apply to or prevent the purchase
from the City by any person of services or commodities offered by
the City to the general public for an established consideration.
B.
It shall be the duty of the Council to remove from office any Councilman
or officer or employee appointed by the Council who shall violate
the provisions hereof; and it shall be the duty of the City Manager
to discharge any officer or employee appointed or employed by him/her,
who shall violate the provisions hereof.
C.
If the Council shall find that the interests of good government and
the welfare of the general public of the City shall require deviation
from the prohibitions hereby established, then the Council shall enact
an enabling ordinance expressly authorizing such deviation.
D.
Nothing herein contained shall apply to any contract with the City
under which the rights of all parties thereto are finally fixed and
determined and one (1) party thereto shall subsequently become an
officer or employee of the City.
E.
Any contract with or purchase by or from any firm, partnership or
corporation in which any officer or employee of the City shall hold
any substantial interest shall be deemed to be a contract with or
purchase by or from such officer or employee.
F.
The
provisions hereof shall not be applicable to Firemen or employees
of the Fire Department who are not regularly employed by the City
on a salary basis.
G.
Provided pursuant to Section 105.454, RSMo., an employee or official
may perform services or sell, rent or lease property to the City so
long as he or she is in compliance with said Section.
[R.O. 2003 § 125.040; Ord. No.
4.106 § 4, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
All purchases of, and contracts for supplies and contractual services, (except professional services) and sales of personal property which has become obsolete and unusable shall, except as specifically provided herein, be based wherever possible on competitive bids, pursuant to Chapter 125.
[R.O. 2003 § 125.050; Ord. No.
4.106 § 5, 6-16-1987; Ord. No. 4.106 § 16, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
A.
All supplies and contractual services, except as otherwise provided
herein when the estimated cost thereof shall equal or exceed twenty
thousand dollars ($20,000.00), shall be purchased by formal, written
contract from the lowest and best responsible bidder, after due notice
inviting proposals.
B.
Surplus Property. Personal and/or real property, whose value shall equal or exceed two thousand dollars ($2,000.00), which has become obsolete and unusable, shall be declared as surplus via motion by the Marceline City Council prior to sale. Upon declaration as surplus, the property shall be sold by formal written bid to the highest responsible bidder, after due notice inviting proposals or through public or online auction unless an exception is warranted provided in Section 125.160.
C.
Notice Of Inviting Bids. The City Manager, or designee, shall solicit
bids by website posting, direct mail, in person, by telephone, newspaper
advertising, email, City social media sites posting, or by such other
method as he/she may deem appropriate in order to receive competitive
proposals.
D.
Notice of Inviting Bids shall be published on the website for a minimum
of seven (7) days or at least once in a newspaper.
[R.O. 2003 § 125.060; Ord. No.
4.106 § 6, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
When deemed necessary by the City Manager, or when requested
by a using agency or when directed by the City Attorney bid deposits
shall be prescribed in inviting bids. An unsuccessful bidder shall
be entitled the return of his/her bid deposit when the City Manager
has required such. A successful bidder shall forfeit any surety required
by the agent upon failure on his/her part to enter a contract within
ten (10) days after the award.
[R.O. 2003 § 125.070; Ord. No.
4.106 § 7, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
A.
Sealed Bids. Bids shall be submitted sealed to the City Manager or
his/her designee and shall be identified as bids on the envelopes.
B.
Bid Opening Procedure. Bids shall be opened in public at the time
and place stated in the public notices.
C.
Tabulation. A tabulation of all bids received shall be made available
for public inspection upon request.
[R.O. 2003 § 125.080; Ord. No.
4.106 § 8, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
The City Manager or his/her designee shall have the authority
to tabulate the bids for contractual services included in the proposed
contract and shall make a recommendation to the Council.
[R.O. 2003 § 125.090; Ord. No.
4.106 § 9, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
The City Manager, or their designee, shall not accept the bid
of a vendor who is in default on the payment of taxes, licenses or
other monies to the City.
[R.O. 2003 § 125.100; Ord. No.
4.106 § 10, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
A.
Contracts shall be awarded to the lowest responsible bidder. In determining
"lowest responsible bidder," in addition to price, the City Council
shall consider:
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 and 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;
B.
The City Council may award a bid to other than the lowest bidder
if a local bidder, conducting business within a thirty-five (35) mile
radius of the City, if a local bidder is within five percent (5%)
of the lowest bid from a non-local bidder on a construction or other
formally bid project up to one hundred thousand ($100,000.00) and
within three percent (3%) on such project from one hundred thousand
one dollars ($100,001.00) and above.
[1]
Editor's Note: Former Section 125.110, Award To Other Than
A Low Bidder, which derived from R.O. 2003 § 125.110; Ord. No. 4.106 § 11, 6-16-1987; Ord. No. 16-09.40, 10-18-2016, was repealed 3-15-2022 by Ord. No. 22-03.01.
[R.O. 2003 § 125.120; Ord. No.
4.106 § 12, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
A.
Local Vendor. If all bids received are for the same total amount
or unit price, quality and service being equal, the contract shall
be awarded to the local bidder.
[R.O. 2003 § 125.130; Ord. No.
4.106 § 13, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
A.
All purchase of supplies and contractual services over two thousand
five hundred dollars ($2,500.00) but less than twenty thousand dollars
($20,000.00) shall be made upon the basis of at least three (3) bids
(written or verbal) from qualified vendors. The City Manager shall
approve a lesser number of bidders, depending on the circumstances,
such as: availability and number of bidders handling the product or
service; maintenance and service capabilities; non-standard or technical
items.
B.
Awards will be made within sixty (60) days of the date bids are to
be received, or all bids will be rejected. Bids shall be awarded to
the lowest responsible bidder in accordance with the provisions of
this Chapter.
[R.O. 2003 § 125.140; Ord. No.
4.106 § 14, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
The Council, upon receiving the tabulation and recommendation
of the City Manager, may award the contract to the lowest responsible
bidder, but shall have the right to reject any and all bids.
[R.O. 2003 § 125.150; Ord. No.
4.106 § 15, 6-16-1987; Ord. No. 16-09.40, 10-18-2016; Ord. No. 22-03.01, 3-15-2022]
The City Manager shall have the authority to require a performance
bond before entering a contract in such amount as he/she shall find
reasonably necessary to protect the best interest of the City or as
required by law.
[R.O. 2003 § 125.160; Ord. No.
09-11.02 § 1, 11-17-2009; Ord. No. 16-09.40, 10-18-2016; Ord. No. 19-10.10, 10-3-2019; Ord. No. 22-03.01, 3-15-2022]
A.
Notwithstanding the provisions of this Chapter, purchase of items
or services pursuant to this Chapter may be made which are not in
conformity with this Chapter under the following circumstances:
1.
Single-Source Purchases. In the event there is only one (1)
acceptable vendor capable of furnishing a particular service or commodity,
the City Manager shall be authorized to procure such service or commodity
without bidding. The City Manager shall document the particular facts
which make the item a single-source purchase, and the City Manager
must approve the purchase. The reason for avoiding single-source purchases
is to avoid bias or preference for a particular product made by a
particular company.
2.
Emergency Purchases. Where an emergency situation requires immediate
purchase of supplies or services and time is of the essence, the City
Manager shall be authorized to procure the supplies or services needed
without bidding up to fifty thousand dollars ($50,000.00) without
prior consent of Mayor. The City Manager shall maintain a written
record of the circumstances surrounding emergency purchases and the
City Manager must approve the purchases. All emergency purchases in
excess of twenty thousand dollars ($20,000.00) shall be documented
and presented to the City Council within ten (10) calendar days of
the expenditure.
3.
Situations Calling For Competitive Negotiations. Where it can
be demonstrated that the City receives the best value on a purchase
through informal discussion and bargaining rather than through the
conventional bidding process, the City Manager shall not be required
to follow the conventional bidding process exclusively. Such purchases
shall be documented and approved by the City Manager or Mayor. Examples,
would include, but not be limited to, circumstances when time is a
crucial factor, when the procurement involves high technology items,
or when there is obvious inherent economy in purchasing from a particular
vendor.
4.
Cooperative Purchasing. Established purchasing procedures should
not apply to purchases made by, through, or with the Division of Procurement
of the State of Missouri or any other governmental agency or buying/cooperative
purchasing group with whom the City is permitted to engage in cooperative
purchasing.
5.
Confidential Expenditures. Confidential expenditures such as
payments to informants, purchase of materials as evidence (such as
narcotics), or other uses as may be required by law enforcement personnel
working in an undercover capacity cannot be subject to normal purchasing
procedures. At such time as the circumstances require such expenditures
to be made by the City, an imprest cash fund controlled by a bonded
officer of the City shall be established. All disbursements made from
such fund shall be approved by the Chief of Police and shall be documented
by written vouchers showing date, amount, nature of expenditure, signature
of requesting officer or agent, and approval of the Chief of Police.
6.
Public Auction Purchasing. Upon determination made in advance
by the City Manager and set forth, in writing, that the purchase of
goods, products, or commodities from a public auction sale is in the
best interest of the public, such items may be purchased at auction
under the following conditions:
a.
The purchase of the item at auction must be approved by the Council
in advance of any bid being submitted on behalf of the City subject
to the maximum bid authorized by the City Council.
7.
Sale Of Scrap Metal And Material. Upon determination that a
public notification of sale of unsecure scrap metal could potentially
result in a loss of revenue due to theft or other loss, the City may
sell said scrap metal and materials, without publication, directly
to a vendor following obtaining at minimum two (2) quotes. The sale
of material in this Subsection does not require a declaration of surplus.
8.
Sale Of Real Property In The North Industrial Park. The sale
of real property located in the North Industrial Park which falls
in the Manufacturing Zone ("M") may be sold by negotiation as approved
by the City Council.
