[Ord. No.
7369, 10-8-2020[1]]
The Director of Finance is hereby empowered to prescribe and
maintain such forms and procedures as he/she finds necessary to accomplish
his/her function. The Director of Finance is also authorized to reject
any and all bids or proposals and waive any informalities or irregularities
in order to safeguard the public interest and to deal effectively
with conditions such as unsatisfactory bids and collusion.
[Ord. No. 7369, 10-8-2020]
A.
The quantitative criteria for determining the degree of formality to be observed for each particular purchase (unless provided for specifically in Section 135.060, Professional Services) by the City is set out as follows:
1.
Purchases Three Thousand Dollars ($3,000.00) Or Less. Contemplated
purchases or contracts for services valued at three thousand dollars
($3,000.00) or less may be procured under procedures established by
the Director of Finance of the City.
2.
Purchases Over Three Thousand Dollars ($3,000.00) To Twenty-Five
Thousand Dollars ($25,000.00). For contemplated purchases or contracts
for services valued in excess of three thousand dollars ($3,000.00)
and up to, and including, twenty-five thousand dollars ($25,000.00),
the Director of Finance shall cause the solicitation of at least three
(3) written bids for the item or items or services. The execution
of the bid requirement should be documented. He/she may then award
the purchase or contract of services to the lowest responsible bidder
who submits a responsive bid which is most advantageous to the City
(hereafter referred to as the lowest responsible bidder).
3.
Purchases Over Twenty-Five Thousand Dollars ($25,000.00). Whenever
any contemplated purchase or contract for services is valued over
twenty-five thousand dollars ($25,000.00), the Director of Finance
shall direct a notice inviting bids to be published in at least one
(1) issue of a newspaper of general circulation. The notice herein
required shall include a general description of the articles to be
purchased or services performed and the time and place for opening
bids. Nothing in this Section is meant to preclude the use of other
means of notice as needed to solicit interest in the project.
[Ord. No. 7369, 10-8-2020]
A.
The Director of Finance shall not be precluded from applying more
formal procedures in a particular situation than those called for
under the prescribed requirements.
B.
Notwithstanding any provisions of this Chapter to the contrary, procurement
activities involving the expenditure of Federal funds must be conducted
in compliance with applicable Federal laws and regulations, including,
but not necessarily limited to, the Procurement Standards codified
in 2 C.F.R. § 200.317 through § 200.326, unless
otherwise directed, in writing, by the Federal agency or State pass-through
agency that awarded the funds. Should the City of St. Peters have
more stringent requirements, the most restrictive requirement shall
apply so long as it is consistent with State and Federal law.
Notwithstanding any provisions of this Chapter to the contrary,
procurement activities must be conducted in compliance with applicable
State laws and regulations, including, but not necessarily limited
to, Sections 34.073 and 34.076, RSMo., as amended. Should the City
of St. Peters have more stringent requirements, the most restrictive
requirement shall apply so long as it is consistent with State and
Federal law.
It is the policy of the City that any manufactured goods or
commodities used or supplied in the performance of that contract or
any subcontract thereto shall be manufactured or produced in the United
States. This provision applies to each contract for the purchase or
lease of manufactured goods or commodities, and each contract for
construction, alteration, repair, or maintenance of any public works
for expenditures twenty-five thousand dollars ($25,000.00) or greater.
This shall not apply when the specified products are not manufactured
or produced in the United States in sufficient quantities to meet
the City's requirements or cannot be manufactured or produced in the
United States within the necessary time in sufficient quantities to
meet the City's requirements, or obtaining the specified products
manufactured or produced in the United States would increase the cost
of the contract by more than ten percent (10%). The Mayor shall certify,
in writing, pursuant to the Missouri Domestic Products Procurement
Act that the City has adopted a formal written policy to encourage
the purchase of products manufactured, assembled or produced in the
United States and it is the intent of the Board of Aldermen that,
by virtue of the adoption of the policy stated in this Section, that
Section (3) of the Missouri Domestic Products Procurement Act shall
not apply to the City, pursuant to the provisions of that Act.
C.
The following criteria for selection of the lowest responsible bidder
shall be considered:
1.
Responsibility Of Bidder.
a.
The financial stability of the bidder.
b.
Production capability of the bidder.
c.
Ability of the bidder to deliver or perform on a timely basis.
d.
Quality of past performance on contracts or services.
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In making purchases or accepting bids, the City shall give preference
to all licensed businesses in the City of St. Peters, St. Charles
County or the State of Missouri when quality and other terms of the
purchase are equal or better than the proposed or delivered price.
Preference for licensed businesses in the City of St. Peters will
be given if the proposed or delivered price is within five percent
(5%) of the lowest price but not to exceed one thousand dollars ($1,000.00)
maximum.
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[Ord. No. 7369, 10-8-2020]
A.
Notwithstanding the provision of Section 135.020 of this Chapter, purchase of items or services pursuant to this Chapter may be made which are not in conformity with Section 135.020 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 Director of Finance shall be authorized to direct procurement
of such service or commodity without bidding. The Director of Finance
shall document the particular facts which make the item a single-source
purchase, and the City Administrator 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.
Equipment Or System Compatibility/Standardization Purchases.
Defined as "requirements of performance compatibility/standardization
with existing commodities or services." The services involve the purchase,
repair, modification, maintenance or calibration of equipment, hardware
or software when they are to be manufactured or performed by a specific
manufacturer (or an authorized dealer) in order to maintain a warranty,
system compatibility and/or system standardization. The Director of
Finance shall maintain a written record of the circumstances surrounding
such purchases and the City Administrator must approve the purchases.
3.
Emergency Purchases. Where an emergency situation requires immediate
purchase of supplies or services and time is of the essence, the Director
of Finance shall be authorized to procure the supplies or services
needed without bidding. The Director of Finance shall maintain a written
record of the circumstances surrounding emergency purchases and the
City Administrator must approve the purchases.
4.
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 Director of Finance shall not be
required to follow the conventional bidding process exclusively. Such
purchases shall be documented by the Director of Finance and approved
by the City Administrator. 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.
5.
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 unit
with whom the City is permitted to engage in cooperative purchasing.
Such purchases shall be documented by the Director of Finance and
approved by the City Administrator.
6.
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. All disbursements made shall be documented by written
vouchers showing date, amount, and nature of expenditure, signature
of requesting officer or agent, and approval of the Chief of Police
and the City Administrator.
7.
Waiver. The Mayor and the Board of Aldermen may waive any and
all of the aforementioned procedural requirements of this Section
if such waiver is determined to be in the best interest of the City.
[Ord. No. 7369, 10-8-2020]
Blanket purchase orders may be authorized by the City Administrator
to facilitate purchasing items on credit from businesses to allow
multiple delivery dates over a period of time to take advantage of
predetermined pricing competitively procured.
[Ord. No. 7369, 10-8-2020]
A.
FIRM
PROFESSIONAL SERVICES
Definitions. The following words and/or phrases shall have the following
meanings as set out herein:
Any individual, firm, partnership, corporation, association,
or other legal entity permitted by law to practice the profession
of architecture, engineering, or land surveying and provide said services.
Those services within the scope of practice of architecture,
engineering, or land surveying, or those performed by any architect,
professional engineer, or registered land surveyor in connection with
this profession, employment or practice.
B.
General Selection Procedures.
1.
Professional Services Degree Of Formality. The quantitative
criteria for determining the degree of formality to be observed for
each particular class of professional service is set out as follows:
a.
Class A. Contemplated professional services anticipated to cost
ten thousand dollars ($10,000.00) or less may be selected under procedures
established by the Director of Finance of the City consistent with
the requirements of this Section.
b.
Class B. Contemplated professional services anticipated to cost
in excess of ten thousand dollars ($10,000.00) and up to and including
seventy-five thousand dollars ($75,000.00) the Director of Finance
shall cause firms to be invited to submit statements of qualifications
for the professional services.
c.
Class C. Whenever contemplated professional services are anticipated
to cost in excess of seventy-five thousand dollars ($75,000.00) the
Director of Finance shall cause notice inviting firms to submit statements
of qualifications to be published in one (1) issue of a newspaper
of general circulation in the City. The notice herein required shall
include a general description of the professional services to be performed
and a statement of the time and place when and where the statement
of qualifications will be received. Nothing contained herein shall
preclude the use of other means as needed to solicit interest in the
project by qualified firms.
2.
Statement Of Qualifications And Performance. Present provisions
of law notwithstanding, in the procurement of professional services,
the Director of Finance shall encourage firms engaged in the lawful
practice of their professions to annually submit a statement of qualifications
and performance data to the City. Whenever a project requiring professional
services is proposed for the City, the City shall evaluate current
statements of qualifications and performance data of firms on file
together with those that may be submitted by other firms regarding
the proposed project. In evaluating the qualifications of each firm
the City shall use the following criteria:
a.
The specialized experience and technical competence of the firm
with respect to the type of services required;
b.
The capacity and capability of the firm to perform the work
in question, including specialized services, within the time limitations
fixed for the completion of the project;
c.
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
d.
The firm's proximity to and familiarity with the area in which
the project is located.
3.
Negotiation For Contract.
a.
The City shall list three (3) highly qualified firms. The City
shall then select the firm considered best qualified and capable of
performing the desired work and negotiate a contract for the project
with the firm selected.
b.
For a basis for negotiations the City shall prepare a written
description of the scope of the proposed services.
c.
If the City is unable to negotiate a satisfactory contract with
the firm selected, negotiations with that firm shall be terminated.
The City shall then undertake negotiations with another of the qualified
firms selected. If there is a failing of accord with the second firm,
negotiations with such firm shall be terminated. The City shall then
undertake negotiations with the third qualified firm.
d.
If the City is unable to negotiate a contract with any of the
selected firms, the City shall reevaluate the necessary professional
services, including the scope and reasonable fee requirements, again
compile a list of qualified firms and proceed in accordance with this
Section.
C.
Exceptions. Except where otherwise required by State or Federal law,
in view of the fact that special conditions will occasionally arise
that make use of this policy impractical, there can be exceptions
made by the City Administrator. Special conditions, may include, but
shall not be limited to, emergency situations which preclude the time
frame required in this policy, or an extremely specialized need in
which there is only one (1) feasible source of expertise. Said exceptions
shall be documented and approved by the City Administrator, in writing.
D.
Compensation Or Fee. Compensation or fees for professional services
will include all services to be rendered to the City by the firm,
with the exception of certain pass through expenses that will be identified
by contract, if applicable, and it will be calculated by one (1) of
the following methods, at the preference of the City:
E.
Prohibition Against Contingent Fees.
1.
Each contract entered into by the City of St. Peters for professional
services shall contain a prohibition against contingent fees as follows:
"No firm shall retain a person to solicit or secure a City contract
for professional services upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, except for retention
of bona fide employees or bona fide established commercial selling
agencies for the purpose of securing business."
2.
For the breach or violation of the foregoing provision, the
City shall have the right to terminate the agreement without liability
and, at its discretion, to deduct from the contract price, or otherwise
recover the full amount of such fee, commission, percentage, gift
or consideration.
F.
Use Of Procedures. The City shall have the right to negotiate amendments
to a project and/or to negotiate new contracts with a selected firm
for additional projects requiring that expertise for a period not
to exceed three (3) years. After three (3) years, this procedure shall
be used again for selection of professional services.
G.
Waiver. The Mayor and the Board of Aldermen may waive any and all
of the aforementioned procedural requirements of this Section if such
waiver is determined to be in the best interest of the City.
A.
Except for those contracts or agreements that require approval of
the Board of Aldermen pursuant to this Chapter or Section 70.230,
RSMo., the City Administrator is authorized to enter into agreements
or contracts on behalf of the City calling for expenditures of up
to one hundred thousand dollars ($100,000.00), provided, that the
authorization expenditure for professional services shall be seventy-five
thousand dollars ($75,000.00).
1.
The City Administrator may delegate his/her authority to approve procurements under Sections 135.020 and 135.060(B) to Group Managers or other City staff.
[1]
Editor's Note: This ordinance provided that for the purpose of purchasing fleet vehicles, the provisions and enforcement of Section 135.070 of the St. Peters City Code be and they are hereby suspended until 12:01 A.M. on October 1, 2023. Consistent with this Ordinance, and notwithstanding the provisions of Section 135.070 of the St. Peters City Code to the contrary, the City Administrator be and is hereby authorized to expend budgeted funds in excess of one hundred thousand dollars ($100,000.00) for fleet vehicle purchases without first seeking Board approval. The foregoing notwithstanding, the City Administrator shall provide a report to the Mayor and Board of Aldermen no later than the next regular meeting of the Board of Aldermen after any expenditure made in excess of one hundred thousand dollars ($100,000.00) providing the details of the vehicle purchases.
[Ord. No. 7369, 10-8-2020]
Nothing contained in this Chapter shall be construed to govern
the purchase or acquisition of real estate, rights-of-way, easement,
licenses, or any other interest of land.
