Chapter 135 – Procurement and Conflict of Interest Policy

Chapter 135


Section 135.010. Competitive Bidding. [Ord. No. 2004-356 §1, 2-3-2004; Ord. No. 2014-457 §1,


  1. When the City of Goodman, hereinafter called “the City,” negotiates any purchase, sale, or

other contract, there shall be provided ample opportunity for competitive bidding in the

following manner:

  1. If the consideration is not more than one thousand dollars ($1,000.00), bids shall be

solicited in the most expedient manner with due regard for competitive prices and


  1. If the consideration is for more than one thousand dollars ($1,000.00), but less than

five thousand dollars ($5,000.00), at least three (3) bids shall be solicited by mail or

telephone request from three (3) prospective vendors, from which the lowest bid, with

proper qualifications, shall be accepted. A record of the quotations shall be

maintained. The City shall approve the purchase.

  1. All supplies and contractual services estimated to cost in excess of five thousand

dollars ($5,000.00) shall be purchased from the lowest responsible bidder, after due

notice inviting proposals. Whenever possible, at least three (3) bids should be

obtained from prospective, qualified vendors. The City shall award the contract or


Section 135.020. Notice Defined. [Ord. No. 2004-356 §2, 2-3-2004]

  1. The notice required by the preceding Section shall consist of the following: That,
  2. Notice inviting bids shall be published once in at least one official newspaper of the

City at least five days preceding the last day set for 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,

and the time and place for opening bids.

  1. The City shall also solicit sealed bids from all responsible prospective suppliers who

have requested their names be added to a “Bidders List” which the City 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 bidders list shall be limited to commodities that are similar in

character and ordinarily handled by the trade group to which the invitations are sent.

  1. The City shall also advertise all pending purchases or sales by a notice posted on the

public bulletin board in the City.

  1. The City shall also solicit sealed bids by direct mail request to prospective vendors

and by telephone as may seem to be in the best interest of the City.

Section 135.030. Bid Opening Procedure. [Ord. No. 2004-356 §3, 2-3-2004]

Bids shall be submitted sealed to the City and shall be identified as bids on the envelope. They

shall be opened in public at the time and place stated in the public notices. A tabulation of all

bids received shall be posted for public inspection and a tabulation report forwarded to the City.

Section 135.040. Lowest Responsible Bidder. [Ord. No. 2004-356 §4, 2-3-2004]

  1. 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, nor contract awarded to, a

contractor who is in default on the payment of taxes, licenses, or other movies due the City.

In determining the lowest responsible bidder, in addition to price, the following shall be


  1. The ability, capacity, and skill of the bidder to perform the contract or provide the

service required;

  1. Whether the bidder can perform the contract or provide the service promptly, or

within the time specific, without delay or interference;

  1. The character, integrity, reputation, judgment, experience, and efficiency of the


  1. The quality of performance of previous contracts or services;
  2. The previous and existing compliance by the bidder with laws and ordinances relating

to the project or services;

  1. The sufficiency of the financial resources and ability of the bidder to perform the

contract or provide the service;

  1. The quality, availability, and adaptability of the supplies or contractual services to the

particular use required;

  1. The ability of the bidder to provide future maintenance and service for the use of the

subject of the contract;

  1. The number and scope of conditions attached to the bid.

Section 135.050. Justification of Award. [Ord. No. 2004-356 §5, 2-3-2004]

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 City.

Section 135.060. Tie Bids. [Ord. No. 2004-356 §6, 2-3-2004]

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. Where there is no local

low bidder, the award shall be made on the basis of a drawing of lots, to be held in public.

Section 135.070. Open Market Procedure. [Ord. No. 2004-356 §7, 2-3-2004]

  1. 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

135.010 of this Chapter shall be made in the open market, without newspaper

advertisement and without observing the procedure prescribed by Section 135.030 for the

award of formal contracts.

  1. All open market purchases shall, whenever possible, be based on at least three

competitive bids, and shall be awarded to the lowest responsible bidder in accordance

with the standards set forth in Section 135.040.

  1. The City may solicit bids by:
  2. direct mail request to prospective vendors
  3. telephone
  4. public notice posted on the bulletin board of the City.
  5. The City shall keep a record of all open market orders and the bids submitted in

competition thereon, and such records shall be open to public inspection per Chapter

610, RSMo.

Section 135.080. Requisitions and Estimates. [Ord. No. 2004-356 §8, 2-3-2004]

Each City department or agency shall file with the City detailed requisitions or estimates of their

requirements in supplies and contractual services by November fifteenth (15th) of each year for

inclusion in the next fiscal year’s budget.

Section 135.090. Conflict of Interest. [Ord. No. 2004-356 §9, 2-3-2004]

No officer or employee of this City shall transact any business in his/her official capacity with

any business entity of which he/she is an officer, agent, or member or in which he/she owns a

substantial interest; nor shall he/she make any personal investments in any enterprise which will

create a substantial conflict between his/her private interest and the public interest; nor shall

he/she or any firm or business entity of which he/she is an officer, agent, or member, or the

owner of substantial interest, sell goods or services to any business entity which is licensed by or

regulated in any manner by the agency in which the officer or employee serves.

Section 135.100. Officers and Employees Not To Deal With Certain Entities. [Ord. No. 2004-356

  • 10, 2-3-2004]

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/she shall be

disqualified from rendering any decision or passing of any judgment upon the same.

Section 135.110. Gifts and Rebates. [Ord. No. 2004-356 §11, 2-3-2004]

Every officer and employee of this 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 where

given for the use and benefit of the City.

Section 135.120. Emergency Purchases. [Ord. No. 2004-356 §12, 2-3-2004]

In case of an apparent emergency which requires the immediate purchase of supplies or

contractual services, the person in charge of the department or agency may authorize the

purchase, at the lowest obtainable price, of any supplies or contractual services not in excess of

five hundred dollars ($500.00). A full explanation of the circumstances of an emergency

purchase shall be recorded in the journal of the next regularly scheduled Council meeting.

Section 135.130. Cooperative Procurement. [Ord. No. 2004-356 §13, 2-3-2004]

The purchasing agent shall have the authority to join with other units of government in

cooperative purchasing plans when the best interest of the City would be served and after

approval of the City Council.