AN ORDINANCE AMENDING THE PROCUREMENT POLICY FOR CITY OF RICH HILL, MISSOURI.
WHEREAS, the Board of Aldermen of the City of Rich Hill, Missouri (“Board”), adopted Ordinance No. 1641 on March 14, 2017, which established a procurement policy for the City of Rich Hill, Missouri (“City”); and
WHEREAS, the City now desires to amend the policy to allow for alternative methods of procurement, as identified by the underlined text.
NOW THEREFORE, be it ordained by the Board of Alderman of the City of Rich Hill, Missouri, as follows:
SECTION 1 – Competitive Bidding
When the City negotiates any purchase over the amount of $4,500.00, an ample opportunity for competitive bidding shall be provided. Bids shall be solicited expediently with due regard for competitive prices and quality.
SECTION 2 – Notice Defined
Criteria for bids will be specific to the bid. The City Clerk shall also advertise all pending sales by a notice posted on the public bulletin board in the City Hall.
SECTION 3 – Bid Opening Procedure
Bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. They shall be opened in public at the specified Board of Aldermen meeting.
SECTION 4 – Lowest Responsible Bidder
The City reserves the right to reject any or all bids. Contracts shall be awarded to the lowest responsible bidder. Bids shall not be accepted from or contract awarded to a contractor who is in default on the payment of taxes, licenses or other monies due the City. In determining the lowest responsible bidder, in addition to price, the following shall be considered:
- The ability, capacity and skill of bidder to perform/provide the contract/services required;
- Whether the bidder can perform the contract or provide the service promptly or within the time specific without delay or interference;
- The character, integrity, reputation, judgment, experience and efficiency of the bidder;
- The quality of performance of previous contracts or services;
- The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
- The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
- The quality, availability and adaptability of the supplies or contractual services to the particular use required;
- The ability of the bidder to provide future maintenance and service for the subject of the contract;
- The number and scope of conditions attached to the bid.
SECTION 5 – Justification of Award
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 into the minutes of the Board of Aldermen.
SECTION 6 – Tie Bids
If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. If there is no local low bidder, the award shall be made by drawing of lots to be held in public.
SECTION 7 – Open Market Procedure
All purchases of supplies and contractual services and all sales of personal property that has become obsolete and unusable for which competitive bidding is not required by SECTION 1 of this resolution shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by SECTION 3 for the award of formal contracts.
- All open market purchases shall, be awarded to the lowest responsible bidder in accordance with the standards set forth in SECTION 4.
- The City may solicit bids by: direct mail request to prospective vendors, telephone or public notice posted on the board of the City Hall.
- The City Clerk shall keep a record of all open market orders and the bids submitted in competition thereon, and these records shall be open to public inspection.
SECTION 8 – Gifts and Rebates
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 or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever, except if given for the use and benefit of the City.
SECTION 9 – Emergency Purchases
In case of an emergency that requires the immediate purchase of supplies or contractual services, the Supervisor in charge of the department or agency may request the purchase, at the lowest obtainable price, of any supplies or contractual services to the Mayor or President of the Board. The Mayor or President of the Board may authorize the purchase in writing. A full explanation of the circumstances of an emergency purchase shall be presented to the Board of Aldermen of the next regularly scheduled Board meeting.
SECTION 10 – Cooperative Procurement
The purchasing agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the City would be served and after approval of the Board of Aldermen.
SECTION 11 – Request for Proposals
When procuring goods or services, the Mayor or Board is authorized to issue a Request for Proposals (“RFP”) in lieu of the provisions stated in Section 1 through 7 of this Ordinance, if it is determined that such action is in the best interests of the City. An RFP must comply with any and all applicable laws, rules, regulations, and grant requirements. Any final selection or agreement which results from an RFP must be approved by the Board.
SECTION 12 – Request for Qualifications
When procuring goods or services, the Mayor or Board is authorized to issue a Request for Qualifications (“RFQ”) in lieu of the provisions stated in Section 1 through 7 of this Ordinance, if it is determined that such action is in the best interests of the City or is otherwise required by law. An RFQ must comply with any and all applicable laws, rules, regulations, and grant requirements. Any final selection or agreement which results from an RFQ must be approved by the Board.
SECTION 13 – Conflicts
All ordinances conflicting in whole or in part with provisions of this Ordinance are hereby repealed to the extent of the conflict.
SECTION 14 – Provisions are Severable
The provisions of this Ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this Ordinance.
SECTION 15 – Full Force and Effect
This Ordinance shall be in full force and effect from and after its passage by the Board of Aldermen and approval by the Mayor, and shall remain in effect until amended or repealed by the Board of Aldermen.
Read two times and passed by the Board of Aldermen of the City of Rich Hill, Missouri, on this 10th day of April, 2018.
Jason Rich, Mayor Brittany Schenker, City Clerk
Ayes: Humble, Robb, Pilcher, Kassner
[i] For informational purposed this ordinance changed the language of Mayor Pro-Tem to President of the Board.
For informational purposes, this ordinance replaces the following: Ordinance 1502, enacted March 10, 2015; which replaced Ordinance 1337, enacted April 28, 2009; which replaced Ordinance 1116, enacted September 12, 2000; which replaced Ordinance 0941, enacted June 20, 1985.