City of Troy, MO
Lincoln County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 1158 §1, adopted March 19, 2012, repealed ch. 150 and enacted new provisions set out herein. Former ch. 150 derived from R.O. 2006 §§150.010 — 150.150; ord. no. 1018 §§2, 4 — 16, 9-5-2006.

Section 150.010 Purpose — Basic Goals.

[Ord. No. 1158 §§1 — 2, 3-19-2012]
A. 
The purpose of this Chapter is to establish policies and procedures to ensure that necessary goods and services are obtained at the highest quality and for the most economical price, while also ensuring compliance with all applicable laws and regulations, and to maintain public confidence in the City's stewardship of public funds. The basic goals of the City's purchasing policy are:
1. 
To comply with the legal requirements of public purchasing.
2. 
To assure vendors that impartial and equal treatment will be afforded all who wish to do business with the City.
3. 
To receive maximum value for each public dollar spent.
4. 
To provide City departments required goods and services at the time and place needed in the proper quantity and quality.
5. 
To purchase only goods and services for which funds have been approved and not previously encumbered.

Section 150.020 Definitions.

[Ord. No. 1158 §§1 — 2, 3-19-2012]
As used in this Chapter, the following terms shall have the meanings ascribed to them:
CONTRACTUAL SERVICES
Includes all telephone, utilities, gasoline, uniform services, cleaning contracts, rental, repair or maintenance of equipment, machinery and other City-owned property. This category, also, includes personal services of a person, agency or group of a non-technical or professional nature.
DEPARTMENT HEADS
The person that is the head of a major function of the City and reports directly to the Purchasing Agent. Positions in this classification include: City Clerk, Treasurer, Public Works Superintendent, Building Commissioner, Municipal Judge, and Police Chief.
INFLATION ADJUSTED WAIVER AMOUNTS
The amounts published in the Missouri Register pursuant to Section 537.610, RSMo., which are the inflation-adjusted amounts of the absolute statutory waivers of sovereign immunity in Sections 537.600 and 537.610, RSMo.
LINCOLN COUNTY VENDOR
Those businesses located within the County boundaries of Lincoln County, Missouri.
TROY VENDOR
Those businesses possessing a City of Troy business license, or where a license is not required, a business located within the City limits of Troy, Missouri.

Section 150.030 Designation of Purchasing Agent.

[Ord. No. 1158 §§1 — 2, 3-19-2012]
The Mayor shall be the designated Purchasing Agent of the City and shall ensure that all purchases are made in accordance with the purchasing policies and procedures approved by the Board of Aldermen. In the Mayor's capacity as Purchasing Agent, the Mayor or his or her designee shall oversee the preparation of all bid specifications for goods and services.

Section 150.040 General Purchasing Guidelines.

[Ord. No. 1158 §§1 — 2, 3-19-2012]
A. 
Positions Authorized To Make Purchases. Department heads are authorized to make purchases in accordance with this Chapter. In the event a department head is unavailable to approve a purchase, the Mayor shall have the authority to act in their absence.
B. 
Municipal Contract Requirements. Section 432.070, RSMo., sets forth the requirements for municipal contracts, which must be:
1. 
Within the scope of the City's powers;
2. 
Made upon consideration wholly to be performed after the making of the contract;
3. 
In writing and dated when made; and
4. 
Subscribed by the parties or their authorized agents.
It is the objective of the City that all City purchases satisfy all the foregoing requirements wherever practicable; provided that no purchase of two thousand five hundred dollars ($2,500.00) or greater shall be approved unless each of the foregoing requirements have been satisfied.
C. 
Work Authorization Affidavits. Section 285.530, RSMo., requires the City to condition the award of any contracts in excess of five thousand dollars ($5,000.00) on the receipt of an affidavit affirming that the business entity contracting with the City:
1. 
Has enrolled in a Federal work authorization program, such as E-Verify; and
2. 
It does not knowingly employ any unauthorized aliens to perform any contracted services with the City.
For business entities with a continuing relationship with the City, the affidavits required by this Subsection are required on an annual basis. In the event that the business entity is requested to provide certain information to the State's Attorney General's office and the business entity fails to do so, the Attorney General's office may require the City to suspend the business entity's business licenses, permits, or exemptions.
D. 
Local Preference. It is the objective of the City to purchase products and/or services at the best prices. Whenever possible, Troy vendors and/or Lincoln County vendors should be contacted.
E. 
National Preference. The City desires to encourage the purchase and use of products manufactured, assembled, or produced in the United States of America, if the quality and price are comparable with other goods in accordance with Section 34.353, RSMo.
F. 
Budgetary Limits. Budgetary limits are to be strictly observed. Written authorization must be obtained from the Board of Aldermen if the purchase exceeds the approved budget for that line item.
G. 
Best Price. Purchases shall be awarded to the vendor or provider that is deemed to be in the best interest of the City, not necessarily the lowest price. The following criteria will determine what is in the best interests of the City:
1. 
Price.
2. 
The level of quality of the service or product offered.
3. 
The demonstrated ability of the vendor or provider to provide the service or product.
4. 
Timeliness of delivery.
5. 
Level of fit.
When the purchase is to be made from a vendor other than the low bidder, the reasons shall be documented by the department making the purchase and preapproval of the purchase shall be obtained from the Mayor.
H. 
Quality Buying. Vendor selection shall also include consideration of the quality of the goods or service. Quality is just as important as price and it is the responsibility of the Purchasing Department to secure the best quality for the purpose intended. The purchase of goods or services that will meet but not exceed the requirements for which they are intended defines quality buying. Quality buying considerations include, but are not limited to, durability, availability, ease of installation, frequency of repair, cost and availability of parts needed for repair, efficiency, and life cycle costs. It is the responsibility of each department to become familiar enough with available equipment to determine the appropriate quality required to develop specifications and bid analysis.
I. 
Sales Tax Exemption. The City is exempt from paying all local and State sales tax. The City Treasurer will provide the exemption document to any vendor upon request.
J. 
Shipping. Shipping, delivery, transportation, installation, and similar costs are to be included in determining the best price. Specifications should require FOB Troy, Missouri. It is important to use this "FOB Troy" designation because it requires the vendor to be responsible for any damages incurred in shipping or the delivery of defective goods.
K. 
Planning. Planning of purchases should be completed by each department on a short-term and long-term basis. Small orders and last minute purchases should be minimized to the extent possible to permit each department to purchase its goods and services in larger quantities. Large quantity orders typically encourage the maximum discount possible and have the effect of reducing overall shipping costs, and therefore improving pricing. Planning will also reduce the time expended on picking up, receiving, and documenting purchases, which improves efficiency, improves fiscal control, and optimizes cash flow.
L. 
Vendor Selection. Vendors and suppliers of the City shall be carefully selected. City departments should assure themselves that the vendor has the proper license, is an authorized dealer for the given product, or is a qualified provider of the services sought.

Section 150.050 Purchasing Procedures.

[Ord. No. 1158 §§1 — 2, 3-19-2012]
A. 
Minimal Acceptable Procedures. The Board of Aldermen has established policies regulating the degree of formality to be followed in the purchase of goods and services, depending on the cost of the items to be purchased. The purchasing procedures outlined in this Section are minimal acceptable procedures. At the discretion of the Board of Aldermen, the requirements can be exceeded if it is deemed to be in the best interest of the City to do so.
B. 
Splitting Purchases. The splitting of purchases into smaller orders to avoid these requirements is prohibited and subject to disciplinary action.
C. 
Budgeted Purchases Up To $2,500.00. Department heads, or employees selected by a department head, are authorized to issue a purchase order directly to vendors to obtain the good or service in the most expedient way possible with due regard for competitive prices and quality. It is the responsibility, however, of each department head to ensure control over this segment of the purchasing process. Department heads should designate employees who will be allowed to make purchases and to provide internal control procedures to ensure that all purchases are for legitimate public purposes, that monthly statements from vendors are reconciled, and all purchases accounted for.
D. 
Budgeted Purchases From $2,501.00 To $10,000.00. Purchases must be approved by the department head prior to placing an order with a vendor. Before submitting a purchase order, department heads must obtain three (3) legitimate oral or e-mail quotations. Oral or e-mail quotations will be reported with an approved quotation form. The purchase order along with the quotation form should then be forwarded to City Treasurer. If a department head is unable to secure three (3) quotations, a notation explaining why less than three (3) qualified vendors were available should be made on the quotation form, and attached to the purchase order. When seeking quotations, the practice of "auctioneering" should be avoided by refusing to disclose to a vendor the price quoted by competitors. It is understood that in rare circumstances or in an emergency situation, favored brands will be given special consideration and the City may use preferred vendors based on past experience.
E. 
Budgeted Purchases From $10,001.00 To $25,000.00. All purchases of ten thousand one dollars ($10,001.00) or more require the Mayor's prior approval. Prior to processing a purchase order, a department head must obtain three (3) legitimate written quotations. A memorandum requesting approval of the purchase, accompanied by a tabulation of the quotes obtained, and an explanation if less than three (3) quotations were received, should be submitted to the Mayor's office. It is acceptable to scan, e-mail, fax, or hand carry the quotation form to qualified vendors and obtain the three (3) quotes, complete the summary, and submit a purchase order in a single day.
F. 
Purchases $25,001.00 And Over — Formal Bid.
1. 
Department heads anticipating the purchase of budgeted goods or services of twenty-five thousand one dollars ($25,001.00) or more in value should prepare specifications based upon standards appropriate to meet the City's needs. Specifications should be forwarded to the Mayor or the Mayor's designee for review, comment, and approval. The Mayor will then authorize the preparation of the bid package, public notices, and advertisements to meet the City's purchasing policy. The department head should submit a list of qualified vendors along with the specifications. A bid packet containing an invitation to bid, specifications, and general bid documents will be sent to these vendors, as well as those that respond to the legal notice.
2. 
Formal bids will be advertised in the newspaper for at least ten (10) business days prior to bid opening. After the bids are opened in public, the department head will review them, prepare a written tabulation of all bids, draft a memorandum with a recommendation for the bid award, and submit the information to the Mayor's office for submission to the Board of Aldermen for approval at a public meeting.
3. 
The recommendation to award a contract will normally be made to the lowest bidder meeting specifications; however, there may be instances when the lowest bid that has met specifications is not from an acceptable bidder. When such a situation arises, it is incumbent upon the department head to document the reasons why the low bidder should be disqualified. These reasons may include unsatisfactory past performance or lack of capacity to complete the work.
G. 
Unbudgeted Purchases. Unbudgeted purchases and/or changes in the intent of the budgeted line item require prior approval of the Board of Aldermen and must follow all of the provisions of this Section.

Section 150.060 Formal Competitive Bidding.

[Ord. No. 1158 §§1 — 2, 3-19-2012]
A. 
Notice Inviting Formal Competitive Bids.
1. 
Notice inviting bids shall be provided in the manner and utilizing such media as the Mayor or his or her designee deems most appropriate to the subject matter of the bid and the applicable time line available with the objective of encouraging fair and unbiased competition. The notice shall be designed to secure a reasonable distribution and a competitive bidding process and may include direct mail, electronic mail, on-line listing services, along with newspaper advertising, and/or such other means as may be deemed appropriate. In addition to any other solicitation, notices posted on public bulletin boards in City Hall shall also advertise all purchases, leases, or sales.
2. 
Content and timing of notices. The notice inviting competitive bids shall be advertised at least ten (10) business days preceding the last day for receipt of bids or proposals and shall include a general description of the products or services to be leased or purchased and state where bid forms and specifications may be obtained and the time and place for submission and opening of bids.
B. 
Bid Security Deposits Or Surety Bid Bonds. When deemed necessary, bid security deposits or surety bid bonds, or both, shall be prescribed in the notice of invitation for bids.
1. 
Returned bid security deposit. An unsuccessful bidder who stands ready to perform according to the terms of its bid shall be entitled to the return of its bid surety deposit.
2. 
Enforcement of surety bid bond. The City shall seek enforcement of a surety bid bond according to its terms.
3. 
Surety bid bonds Federal Register listing requirement. All surety bid bonds must be with companies listed in the Department of the Treasury, Federal Register as surety companies acceptable on Federal bonds.
C. 
Performance, Labor, And Material Payment Bonds.
1. 
Where the nature of the contract is such that the Mayor or the City Attorney deems a performance bond necessary, or where the contract is for public works and requires compliance with Section 107.170, RSMo., the notice of invitation for bids shall specify the amount of bond that is required. The notice shall also specify that any bid submitted pursuant to said solicitation would be presumed to include the cost of the required bond.
2. 
All surety performance bonds and surety labor and material bonds must be with companies listed in the Department of the Treasury, Federal Register, as surety companies acceptable on Federal bonds.
D. 
Procedure For Receiving And Opening Bids. The following applies to bids submitted under the formal competitive bid procedure:
1. 
Sealed and identified. All bids shall be submitted in a sealed envelope to the City Clerk and shall be identified as bids on the envelope.
2. 
Bid opening. Bids shall be opened and read aloud publicly by a duly authorized representative in the presence of the Clerk of the City or the duly authorized representative of the Clerk in the City Hall, in the particular room, and on the day and at the time stated in the public notices, except that bids for construction projects undertaken pursuant to this policy may, upon proper notice, be opened in the office of the Public Works Superintendent.
3. 
Bids recorded. The City Clerk, or his or her duly authorized representative, shall record in writing the bids opened and read by a duly authorized representative.
4. 
Bid evaluation and recommendations. The Mayor, or his or her duly authorized representative shall evaluate the bids submitted and refer his or her recommendations to the appropriate department head who shall within the shortest practicable time confirm the recommended award or submit objections and suggestions to the Mayor. Such objections and suggestions shall include specific reference to the manner in which the department head believes an alternate bid complies with the provisions of Section 150.080(11)(e) of this Chapter.
5. 
Rejection of bids. The Mayor shall have the authority to reject, as often as he or she deems necessary, all bids, parts of all bids or all bids for any one (1) or more supplies or contractual services included in the proposed contract, for failure to comply with the requirements of the invitation for bids or when the public interest will be served thereby, and require the solicitation of new bids.
6. 
Recommendation of bid award. The Mayor shall recommend to the Board of Aldermen the award of the contract to the lowest and best bidder, unless all bids have been rejected as authorized in Subsection (E) of this Section.
E. 
Factors For Consideration When Determining Lowest And Best Bidder. The following factors shall be considered in determining the bidder that provides the best products and/or services that are available for the lowest price:
1. 
Cost and future maintenance. The point of purchase cost of the product or service, the anticipated cost of maintenance or service (including applicable warranties), the ability of the bidder to provide future maintenance and service, the longevity of the product or service, and the cost of disposal.
2. 
Ability to perform. The ability, capacity, skill, or financial resources of the bidder to perform the contract or provide the service required.
3. 
Timely performance. Whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference.
4. 
Character and reputation. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
5. 
Quality of prior performance. The quality of the bidder's performance of previous contracts or services.
6. 
Compliance with laws. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.
7. 
Quality and availability. The quality, availability, and adaptability of the supplies or contractual services to the particular use required.
8. 
Conditions on bid. The number and scope of conditions attached to the bid. Bid responses containing conditions are not favored.
9. 
Compliance with bid specifications. Whether the bid as submitted fully complies with the minimum requirements of the bid specifications.
10. 
Social responsibility. The socially responsible nature of the product or service that includes, but is not limited to, products or services that create meaningful work, encourage diversity; include women-owned and minority-owned enterprises, provide fair wages, or otherwise promote social equity.
11. 
Local preference. A bidder satisfying the preference indicated in Subsection 150.040(D) of this Chapter.

Section 150.070 Purchase Orders.

[Ord. No. 1158 §§1 — 2, 3-19-2012]
A. 
Contents. A person desiring to order a supply, equipment or service shall initiate the procedure by filling out a purchase order requisition, which shall include:
1. 
The date.
2. 
The vendor's name and address.
3. 
A complete description of the goods or services requested, including:
a. 
Quantity.
b. 
Item/model numbers.
c. 
Prices.
d. 
Discounts.
e. 
Shipping.
f. 
Delivery date and point of delivery.
4. 
The account number.
5. 
The department head's signature.
B. 
Effect Of Purchase Order. A purchase order is a contract between the City and a vendor. The contract is not binding until the vendor accepts it. The issuance of purchase orders by unauthorized individuals will not be recognized by the City and payment of these obligations will not be approved. Unauthorized purchases are classified as personal expenses.

Section 150.080 Special Purchasing Procedures.

[Ord. No. 1158 §§1 — 2, 3-19-2012]
A. 
Occasionally, the City may need to purchase goods or services under circumstances that do not clearly fit the City's procurement process, or for which normal competitive procedures do not apply. The following guidelines are provided with regard to making such purchases:
1. 
Sole source vendors. In the event that there is only one (1) vendor capable of providing a particular good or service, the competitive procedures outlined in this manual may be waived by the Mayor. A department head should document why only one (1) company or individual is capable of providing the goods or services required whenever it is determined that goods or services must be purchased from a "sole source vendor". The documentation should be attached to the purchase order. The Mayor must approve all sole source purchases over two thousand five hundred dollars ($2,500.00).
2. 
Cooperative purchasing. Department directors are encouraged to use cooperative purchasing programs sponsored by the State of Missouri, the applicable regional council of governments, or other municipal procurement cooperative prior to making any large purchase. Cooperative purchasing can prove advantageous to the City both by relieving department heads of the paperwork necessary to document the purchase and by taking advantage of large quantity purchases. Purchases made through these programs have met the requirements of competitive shopping and require only sufficient information to show the purchase is from such a program and the applicable referenced purchase price. However, it would be prudent to solicit bids and quotes from other vendors, as well, since this route is not always the least expensive.
3. 
Blanket purchase contracts. Blanket purchase contracts are long-term contracts for goods or services awarded after receiving competitive bids. The contract remains open for a period of up to one (1) year to purchase the goods or services specified on an "as needed" basis. Examples of where these types of contracts would be appropriate are emergency plumbing services, construction materials such as rock, trees, and other landscaping materials, automotive supplies, hardware, and office supplies. These items are ones that are frequently or routinely used by the City and for which the initiation of competitive shopping each time the goods or services are required would be cumbersome and inefficient.
4. 
Emergency purchases. The bid procedures established in this Chapter may be waived under emergency conditions when a delay may threaten the basic mission of a department. True emergencies are rare. Occasionally equipment will require emergency repairs or other circumstances will necessitate purchasing which cannot await compliance with these regulations. In no case under emergency purchases shall any contract obligating the City in total to an amount in excess of five thousand dollars ($5,000.00) be entered into without prior approval of the Mayor, or in the event the Mayor is out of the City, the Mayor Pro Tem. All such emergency purchases shall be reported in writing to the Mayor and Board of Aldermen as soon as practical and any necessary budget amendments provided for processing at the next Board of Aldermen meeting.
5. 
Petty cash accounts. There is often a need for immediate availability of funds. Petty cash funds may be issued to each department in the amount of one hundred dollars ($100.00) or less. Petty cash receipts are to be completed by the person responsible for the fund in each department; these should include the amount, description of item, budget account number, and signatures of the persons receiving the funds and the person issuing the funds. Petty cash funds will be replenished at least monthly.
6. 
Use of credit card. Credit cards will be checked out from the City Clerk on a case-by-case basis. Purchasing cards will be issued by the Treasurer. Employees utilizing these cards will have the same purchasing authorization and limitations as their approval level on purchase orders. It will be the responsibility of the person utilizing the card to justify all purchases and provide proper documentation on the use of the card.
7. 
Purchase of used equipment. New equipment is to be preferred over used equipment. However, there are situations where the purchase of used equipment should be considered. These include:
a. 
When price is of prime importance and the difference in cost between new and used equipment is significant.
b. 
Where equipment will be used infrequently, for a limited time, for training, or for auxiliary operations.
c. 
When faster delivery is essential.
d. 
The purchase of used equipment requires careful shopping and the requisitioning department should make every effort to secure a minimum warranty or guarantee that the equipment will perform as needed and that service or replacement parts are reasonably available.
8. 
Change orders. Change orders are amendments to contracts for the purchase of goods or services that are made after the contract has been awarded. Change orders result from the discovery of unforeseen conditions. Change orders may not be used to overdraw a budgetary account, to avoid the City's competitive bidding process, or to materially alter the purpose of the original bid or contract. The Board of Aldermen must approve all change orders.
9. 
Travel and training. Travel and training shall be in accordance with the travel policy and as budgeted. Mayor approval is necessary for unlisted items or changes within the budgeted amount.
10. 
General contract specifications.
a. 
Sample contracts. Sample contracts for construction, goods, services, and equipment shall be on file in the City offices for copying and review in accordance with the Missouri Sunshine Law.
b. 
Insurance. Contractors must provide written proof of insurance coverage required by this Subsection before contract will be signed by the City. Contractors shall obtain and keep in force for the duration of any contract with the City the following types and amounts of insurance:
(1) 
Workers' Compensation. Worker's Compensation insurance at statutory limits and employer's liability insurance with limits of at least one million dollars ($1,000,000.00), which may include an umbrella policy, if applicable.
(2) 
General liability, automobile liability, and property damage. Commercial general liability insurance with coverage of not less than the then-current inflation adjusted waiver amounts for claims (a) arising out of a single accident or occurrence; and (b) for any one (1) person in a single accident or occurrence. The inflation adjusted waiver amounts may be found at http://insurance.mo.gov/industry/sovimmunity.php.
(3) 
Reduction or waiver. Insurance requirements may be waived or reduced by the Mayor after seeking the advice of the City Attorney.
11. 
Architects/engineers/surveyors.
a. 
Sections 8.285 to 8.291, RSMo., establish a specific requirement for obtaining the following services:
(1) 
Architectural.
(2) 
Engineering.
(3) 
Land surveying.
b. 
It is the policy of the State of Missouri and the City of Troy to negotiate contracts for the services addressed in this Subsection on the basis of demonstrated competence and qualifications for the type of services rendered at fair and reasonable prices. Department heads shall encourage firms engaged in the type of services enumerated in this Subsection to annually submit a statement of qualifications and performance date to the City. Department heads shall also seek a request for qualifications ("RFQ") from firms interested in providing the type of services enumerated in this Subsection when the estimated cost of such services for a particular project is expected to be twenty-five thousand dollars ($25,000.00) or more.
c. 
Firms or individuals offering the types of services enumerated in this Subsection shall submit pricing only in a separate, sealed envelope accompanying the annual statement or RFQ response.
d. 
Whenever the City requires the services enumerated in this Subsection, the requesting department head and two (2) other staff members shall evaluate the current statements of qualifications and performance data of any statements submitted by firms responding to an RFQ for the proposed project. In evaluating the qualification of firms to be selected in accordance with this Subsection, the following criteria shall apply:
(1) 
The specialized experience and technical competence of the firm with respect to the type of services required;
(2) 
The capacity and capability of the firm to perform the work in question;
(3) 
The past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules; and
(4) 
The firm's proximity to and familiarity with the area in which the project is located.
e. 
Using the following scoring system, the department head and two (2) staff members shall select the firm having the highest points. In the event of a tie, the firm having the higher most highly qualified score shall prevail.
Firm Name
Experience and Technical Competence
(Max. 30 points)
Capacity and Capability
(Max. 30 points)
Past Record of Performance
(Max. 30 points)
Firm's Proximity and Familiarity With Project Area
(Max. 10 points)
 
 
 
 
 
 
 
 
 
 
12. 
Other professional services. Normal competitive procedures cannot be utilized in securing professional services such as appraisers, attorneys, certified public accountants, planners, and other professionals not listed in Subsection (11)(d) above who, in keeping with the standards of their discipline, will not enter into a competitive bidding process.
a. 
A request for proposal (RFP) can be prepared much the same way as specifications, including requirements and minimum standards for the services to be provided. When an RFP for professional services is approved, a limited number of qualified professionals known to the City will be invited to submit a proposal setting forth their interest, qualifications, and how they can meet the City's needs. In securing professional services, it is the primary goal of the City to obtain the services from a provider who has a proven record of providing the professional services required.
b. 
A contract will be negotiated with the professional deemed to best meet the City's needs. If an agreement on the cost and conditions cannot be reached, then these negotiations will be terminated and negotiations will commence with the next most qualified professional.
c. 
The Mayor is authorized to approve contracts for professional services under five thousand dollars ($5,000.00). A memorandum setting forth a department head's recommendation should accompany a purchase order for such services. For contracts exceeding five thousand dollars ($5,000.00), Board of Aldermen approval is required.
d. 
In the case where a professional consulting firm or individual is on retainer at an hourly rate for services rendered, budgetary appropriations and contracts must be approved by the Board of Aldermen on an annual basis.
13. 
Public works contracts.
a. 
Payment and performance bonds. Contracts for public works having an estimated cost of twenty-five thousand dollars ($25,000.00) or greater shall include provisions requiring bonds with good and sufficient sureties, in an amount sufficient to cover the payment of any and all materials incorporated, consumed, or used in connection with the construction of the public works; and all insurance premiums, both for compensation and for all other kinds of insurance for such work; and for all labor performed in such work whether by a subcontractor or otherwise.
b. 
Prevailing wages. Before advertising for bids for, or undertaking, the construction of public works through a contractor, the Mayor shall require the appropriate department head, in conjunction with the City Attorney if necessary, to make or seek from the Missouri Department of Labor and Industrial Relations a prevailing wage determination for the public works. If payment of prevailing wages is required, such determination shall be attached to and made part of the specifications for the work to be completed. The Mayor shall also specify the prevailing wage for the project in the resolution or ordinance authorizing such work, and also in the invitation for bids.
c. 
Missouri laborers requirement. Contracts for public works shall include a provision requiring the contractor to inquire as to the applicability of protections for Missouri laborers and laborers of non-restrictive States during periods of excessive unemployment as required in Sections 290.550 to 290.580, RSMo., and to ensure compliance with such requirements if it is determined that they are in effect.
d. 
Construction safety training.
(1) 
Bid invitations. All invitations to bid on the City's public works contracts shall include a notice to bidders that the project is subject to the requirements of Section 292.675, RSMo., which requires all contractors and subcontractors doing work on the project to provide a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or a similar program approved by the Missouri Department of Labor and Industrial Relations that is at least as stringent as an approved OSHA program. The invitations to bid shall also require a notice that if on-site employees have not previously completed such training, the training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the work site without documentation of the required training will be required to produce such documentation within twenty (20) days.
(2) 
Contracts for public works. Contracts for public works shall require the following provisions:
(a) 
A requirement for the contractor to provide a ten (10) hour OSHA construction safety program for all employees who will be on site at the project. The construction safety program must include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations that is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo.
(b) 
If any on-site employees had not previously completed a construction safety program, the contractor must require those on-site employees to complete a construction safety program within sixty (60) days after the date work on the project commences.
(c) 
A requirement for the contractor to acknowledge and agree that any of contractor's employees found on the project site without documentation of the successful completion of a construction safety program will be required to produce such documentation within twenty (20) days, or will be subject to removal from the project.
(d) 
A requirement for the contractor to require all of its subcontractors to comply with the requirements of this Subsection and Section 292.675, RSMo.
(e) 
A notice of penalties for failure to provide construction safety training in accordance with Section 292.675, RSMo.
14. 
Construction management services. If the City determines that it is necessary to enter into a contract for the provision of construction management services, the Mayor shall direct the appropriate department head to select a firm using the requirements of Sections 8.675 to 8.687, RSMo., including specifically Section 8.679, RSMo.
15. 
Purchase of insurance coverage.
a. 
Group life, Workers' Compensation, liability and property insurance. Pursuant to Section 376.696, RSMo., the Board of Aldermen shall not enter into a contract for the purchase of these insurances unless such contract is submitted to formal bidding pursuant to Section 150.080 every six (6) years, and the contract is awarded to the lowest or best bidder. Renewals of policies between the six (6) year required submission to formal bidding does not constitute a separate and distinct contract for the time covered by the renewal, but instead shall be treated as an extension of the contract entered into as a result of the most recent required bidding process.
b. 
Health insurance. Pursuant to Section 67.150, RSMo., the Board of Aldermen shall not enter into a contract for the purchase of health insurance as a part of the compensation for elected officials and employees of the City unless such contract is submitted to formal bidding pursuant to Section 150.080 every three (3) years, and the contract is awarded to the lowest and best bidder.
16. 
Depository of funds. The City's depository of funds shall only be selected at the Board of Aldermen's first (1st) regular meetings in the months of January, April, July, or October of each year as provided in Section 95.355, RSMo. If the Board of Aldermen, or the Purchasing Agent with the consent of a majority of a quorum of the Board of Aldermen, determines the necessity to seek a new depository of the City's funds, the Purchasing Agent shall request an opinion of the City Attorney with respect to the need to submit the matter to the formal bidding requirements as may be required by Section 110.030, RSMo.

Section 150.090 Waivers.

[Ord. No. 1158 §§1 — 2, 3-19-2012]
A majority of a quorum of the Board of Aldermen in its sole and absolute discretion may waive any and all procedural requirements in this Chapter if it is deemed to be in the best interest of the City.

Section 150.100 Sale of Equipment or Property.

[Ord. No. 1158 §§1 — 2, 3-19-2012]
A. 
All sales of real and personal property that have become obsolete and unusable and has an estimated value of one thousand dollars ($1,000.00) or more will be declared as surplus property by the Board of Aldermen and shall be sold by using the formal bid method as described in the purchasing procedures and awarded to the highest responsible bidder.
B. 
The City may sell real and personal property by advertising at least once in a legal newspaper or placing on a government website, such as govdeals.com. The property will be awarded to the highest bidder meeting the criteria of the sale.
C. 
The City may dispose of used equipment by trading it in on new purchases. In this case the net cost of the new equipment less the trade in will be used in the comparison of bids.
D. 
The Board of Aldermen may declare items of personal property as surplus in which case these items may be offered to another governmental or tax supported agency at lower than market value.
E. 
Items under one thousand dollars ($1,000.00) may be declared as surplus by the Mayor and discarded of in the most efficient method available depending on condition, salvage value, useful life remaining and other pertinent factors.
F. 
Public safety equipment specifically designed for police operations, including, but not limited to, weapons, armor, communications equipment, etc., shall be offered to other Federal, State or local police agencies or vendors licensed to deal with such equipment pursuant to Federal and State Statutes.

Section 150.110 Ethics.

[Ord. No. 1158 §§1 — 2, 3-19-2012]
A. 
General Standards Of Ethical Conduct. Any attempt to realize personal gain through public employment, inconsistent with the responsible discharge of that public employment, is a breach of public trust. In order to fulfill this general prescribed standard, employees must also meet specific standards:
1. 
Employee conflict of interest. The conflict of interest definitions and rules are covered in the City Code.
2. 
Employees with financial interest — disclosure requirements. Any employee or public official who has or may obtain any benefit from any City contract with a business in which the employee has a financial interest shall report such benefits to the City Clerk. Provided however, this provision shall not apply to a contract with a business where the employee's interest in the business has been placed in an independently managed trust. Any employee or public official who knows or should have known of such benefit, and fails to report such benefit to the City, is in breach of the ethical standards of this Section.
3. 
Gratuities. It is a breach of ethical standards for any person to offer, give, or agree to give any employee/public official or for any employee/public official to solicit, demand, accept, or agree to accept from another person a gratuity of any value or an offer of employment in connection with any purchasing decision. Gratuities shall not mean pens, pencils, matchbooks, calendars, or other novelty items used for advertising purposes, meals or other meeting circumstances for the purpose of conducting or discussing official business.
4. 
Restriction on employment of present/former elected and appointed City Officials.
a. 
Contemporaneous employment prohibited. It shall be a breach of ethical standards for any City Official who is involved in purchasing to be an employee of any party contracting with or supplying goods to the City.
b. 
Former officials. It shall be a breach of ethical standards for any former City Official, within one (1) year after cessation of employment or affiliation, to be a principal or to act as an agent for any organization that desires to solicit business from the City.
5. 
Use of confidential information. It shall be a breach of ethical standards for any employee, former employee, public official, or former public official knowingly to use confidential information for his personal gain, or the personal gain of any other person.
6. 
Public access to purchasing information and records. All purchasing information and records are accessible and open to personal inspection to any citizen. Appointment and location may be arranged with the City Clerk.
7. 
Waivers from contemporaneous employment prohibition and other conflicts of interest. The Board of Aldermen may grant a waiver from the employee conflict of interest provision or the contemporaneous employment provision upon making a written determination that:
a. 
The contemporaneous employment or financial interest of the City employee has been publicly disclosed; and
b. 
The City employee will be able to perform its procurement functions without actual or apparent bias or favoritism; and
c. 
The award will be in the best interests of the City.
B. 
General Standards Of Ethical Conduct For Non-Employees.
1. 
General standards of ethical conduct for non-employees. Any effort to influence any public employee to breach the standards of ethical conduct set forth in this Section is also a breach of ethical standards.
2. 
Kickbacks. It shall be a breach of ethical standards for a vendor to offer a fee, a commission, brokerage, percentage, or contingent fee to an employee of the City for the purpose of securing business from the City
3. 
Remedies against non-employees. Any person who knowingly violates or solicits the violation of any of the provisions set out in this regulation shall be barred from entering into future contracts with the City and shall be prosecuted for any violation of local, State or Federal laws that may apply.