City of Town And Country, MO
St. Louis County
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Table of Contents
Table of Contents

Section 140.010 Competitive Bidding — Opportunity Required.

[Code 1975 §11.11(1); CC 1989 §2-261]
Whenever the City negotiates any purchase, sale, or other contract, including contracts for public improvements, there shall be provided ample opportunity for competitive bidding in the manner set out in this Chapter and with due regard to obtaining products, resources, terms and conditions most advantageous to the City.

Section 140.020 Competitive Bidding — Exception of Specific Contracts From or Division of Purchases To Avoid Prohibited.

[Code 1975 §11.10(2); CC 1989 §2-262]
The City Clerk or Board of Aldermen may not except specific contracts, purchases or sales from the requirements of competitive bidding nor shall purchases be parceled or divided to avoid the intent of this Section unless otherwise provided herein.

Section 140.030 Competitive Bidding — When Required.

[Code 1975 §11.10(3), (4); CC 1989 §2-263; Ord. No. 2829 §1, 6-24-2003]
A. 
All contracts providing for payment in excess of five hundred dollars ($500.00) but not in excess of seven thousand five hundred dollars ($7,500.00) for purchases of supplies, materials or contracted services shall be made with the lowest and best bidder after at least three (3) competitive written bids have been taken, unless multiple sources are not available. Items in this category, if budgeted, may only be approved by the Finance Director.
B. 
All contracts providing for payment in excess of seven thousand five hundred dollars ($7,500.00) for purchases of supplies, materials or contracted services shall be made with the lowest and best bidder after due and public notice inviting sealed bids. The City shall make every reasonable effort to seek bids from qualified contractors. Bids shall be opened at the time and place designated in the notice and the opening of such bids shall be public. Items in this category must be approved by the Board of Aldermen.

Section 140.040 Competitive Bidding — Professional Services Exempted From Requirements.

[Code 1975 §11.10(5); CC 1989 §2-264]
The requirements of competitive bidding hereinabove required shall not apply to service of professional persons, including, but not limited to, accountants, architects, attorneys, physicians or other services requiring expert or specialized knowledge or skill, planning consultants, insurance advisors and brokers, landscape architects and designers.

Section 140.050 Emergency Purchases.

[Code 1975 §11.10(6); CC 1989 §2-265; Ord. No. 3236 §1, 5-31-2007]
In case of an emergency which requires immediate purchase of supplies or contractual services, if the Mayor is unable to poll the members of the Board of Aldermen, he/she shall be empowered to secure or obtain on the open market, at the then lowest obtainable price, any supplies or contractual services up to and not to exceed ten thousand dollars ($10,000.00) provided such expenditure is reported to the Board of Aldermen within thirty (30) days.

Section 140.060 Contracts To Be Awarded To Lowest and Best Bidder — Considerations in Determining.

[Code 1975 §11.10(7); CC 1989 §2-26; Ord. No. 3521 §1, 6-14-2010]
A. 
Contracts, if awarded, shall be awarded to the lowest and best bidder. In determining "lowest and best bidder", in addition to price, the City Clerk, the Mayor and the Board of Aldermen shall consider, when applicable, these considerations:
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.
10. 
Whether or not the commodity or service is "environmentally preferable" as defined in Section 140.130;
11. 
The life-cycle cost and return on investment of a commodity or service, in addition to the initial cost.

Section 140.070 Cooperative Purchasing Plans.

[Code 1975 §11.10(8); CC 1989 §2-267]
Nothing in this Chapter shall be construed to limit or prohibit the City from joining with other units of government in cooperative purchasing plans.

Section 140.080 Use of State or County Purchasing Contracts Authorized.

[Code 1975 §11.10(9); CC 1989 §2-268]
All contracts awarded by the State or the County for the purchases of supplies, materials or contracted services may be used in lieu of the procedures set out in this Chapter when the best interests of the City would be served thereby.

Section 140.090 Local Suppliers — Use of in Place of State or County Contracts — When Authorized.

[Code 1975 §11.10(10); CC 1989 §2-269; Ord. No. 3351 §1, 8-7-2008]
A local supplier of goods and services, located within the St. Louis Standard Metropolitan Statistical Area (SMSA) may be accepted in place of the low bidder on any contract awarded by the County or the State if the local supplier meets or has more favorable terms, pricing and/or conditions as the low bidder in the State or County contract.

Section 140.100 Initiation of Purchasing Requests — Purchase Order Required — Verification of Receipt of Purchase.

[Code 1975 §11.10(11); CC 1989 §2-270; Ord. No. 3627 §1, 11-15-2011]
All requests for bids and purchases shall be initiated by a department supervisor to the City Clerk who shall be responsible for securing all bids. A purchase order will be required for all purchases and must be approved by the Finance Director. The department supervisor initiating the purchase order must verify receipt of the purchase so ordered, before payment is made.

Section 140.110 Right To Reject All Bids Reserved.

[Code 1975 §11.10(12); CC 1989 §2-271]
Notwithstanding anything in this Chapter to the contrary, the Board of Aldermen may, by majority vote, reject all bids without cause or explanation, and reference to such authority shall be set forth on any and all bid proposals.

Section 140.120 Disclosure Requirements For Certain Not-For-Profit Corporations.

[Ord. No. 2913 §1, 5-11-2004]
A. 
Definitions. For purposes of this Section, the following terms are defined as follows:
FINANCIAL RECORDS
Documents and records including, but not limited to, accounting records (hard copy as well as computer readable data), written policies and procedures, subcontractor files, indirect cost records, overhead allocation records, correspondence, instructions, drawings, receipts, vouchers, memoranda and any other data relating to contributions, funding, expenditures or the finances of the entity.
NOT-FOR-PROFIT ENTITY
Any corporation, group or organization incorporated under the laws of any State as a not-for-profit and/or characterized as a tax-exempt or 501(c)(3) organization by the Internal Revenue Service.
SUPPORT OR PROMOTION
Any monetary funding given to an entity, the use of City-owned real or personal property at less than fair market value, or any service, property or thing which has value, but is provided to an entity by the City at less than fair market value.
B. 
Disclosure Required — When. Each not-for-profit entity receiving monetary or other support or promotion from the City shall, as a condition of such funding, support or promotion:
1. 
Report on its activities, receipts and expenditures within thirty (30) days after a request of the Mayor or Board of Aldermen;
2. 
File an annual report with the Mayor's office on or before January thirty-first (31st) of the year following the grant of funding or support which shall cover the period between January first (1st) to December thirty-first (31st) of the preceding year and shall include a detailed accounting of all receipts (identity of donors need not be disclosed), all expenditures and specific information concerning the services provided by the entity to the City of Town and Country;
3. 
Acknowledge the City's financial assistance or support and promotion where applicable and appropriate;
4. 
Open its financial records for inspection, audit and/or reproduction by a duly authorized representative from the City, at the City's expense;
5. 
Preserve all financial records for a period of three (3) years, unless permission to destroy them is granted by the City or for such longer period as may be required by law.
C. 
Notice — Effect On Existing Contracts And Support And Promotion.
1. 
The City Clerk shall immediately send notice of this Section by sending a copy thereof to each not-for-profit entity currently receiving support or promotion from the City.
2. 
Each entity covered by this Section is hereby given thirty (30) days from the date of such notice to terminate the entity's existing contract with the City or reject City funding, support or promotion so that such entity does not fall within the requirements of this Section.

Section 140.130 Environmental Preference — Use of Environmentally Preferable Products and Vendors — When Authorized.

[Ord. No. 3521 §2, 6-14-2010]
A. 
Nothing in this Section shall be construed as requiring the City to procure products or services that are inferior in quality, do not perform adequately for their intended use, exclude adequate competition, are not available at a reasonable price in a reasonable period of time, or exclude the considerations described under Section 140.060 above. All requests for proposals and bids shall contain the following provision:
1. 
Environmentally-friendly buying preferences. The City of Town and Country promotes environmentally sustainable practices by purchasing environmentally preferable products when cost, quality, variety, quantity, delivery time and other defined specifications are not significantly inferior to competing commodities and services. Whenever possible, proposals shall provide applicable information relating to how the vendor's product is environmentally preferable. Environmentally preferable products are commodities or services that carry the certification of one (1) of the following national independent environmental certifying programs:
EPEAT (Electronic Product Environmental Assessment)
Energy Star
Environmental Choice (Canada EcoLogo)
Forest Stewardship Council
Green Guard for Children and Schools
Green Seal
Green-e
USDA Organic
Other programs as referenced by the Environmental Protection Agency (EPA)
Environmentally Preferable Purchasing (EPP) Program
2. 
Or that assume one (1) or more of the following qualities to a greater degree than comparable commodities or services:
Biobased
Biodegradable
Carcinogen-free
Chlorofluorocarbon (CFC) free
Compostable
Durable or reusable (as opposed to single use or disposable)
Energy efficient
Heavy metal free (e.g., no lead, mercury, cadmium)
Less hazardous
Low volatile organic compound (VOC) content
Low toxicity
Made from rapidly renewable materials
Persistent, bioaccumulative toxic (PBT) free
Procured from vendors and contractors that follow green policies in their own operations
Produced locally or regionally (to minimize environmental costs associated with shipping)
Recyclable
Recycled content
Reduced greenhouse gas emissions
Reduced packaging, especially polystyrene
Refurbished
Resource efficiency
Upgradeable
Water efficient