[Ord. No. 1 §1, 2-11-1963]
The order of the County Court of Jackson County, Missouri, made
and entered on the twenty-ninth (29th) day of December, 1962, and
recorded in the Office of the Recorder Of Deeds for Jackson County,
Missouri, at Independence, on December 31, 1962 under Instrument No.
804292 in Book 1607 at page 555 is hereby accepted and declared to
have caused the incorporation of the City of Lake Tapawingo, Missouri
incorporated as a City of the Fourth Class, and to have caused the
appointment of the necessary officers who have heretofore qualified
according to law.
[Ord. No. 1 §§2—3, 2-11-1963]
A.
The
boundaries of the City of Lake Tapawingo, Missouri, as now existing
by reason of the aforesaid order of the County Court shall be on file
in the City offices:
B.
The
City of Lake Tapawingo, Missouri, shall have and retain jurisdiction
of all matters affecting or appertaining to said City within the boundaries
of the City and without said boundaries as permitted by the laws of
the State of Missouri, and the said boundaries may be changed from
time to time in the manner and form as is provided by law.
[Ord. No. 481 §§1—5, 12-1-1977; Ord. No. 852 §1, 3-2-2006; Ord. No. 938, 10-17-2013]
A.
General. This Chapter provides guidelines to be followed
in purchasing goods and services for the City. These policies and
procedures supersede all prior purchasing directives, memoranda and
practices.
1.
Lowest best quality competition. All purchasing
will demonstrate a reasonable and good faith effort to obtain goods
and services at the lowest possible cost with the optimum quality
needed. Competition among suppliers shall be encouraged.
2.
Preference area vendors. Vendors will be treated
in a fair and professional manner with preference given to area vendors,
if all other things are equal.
3.
Conflict of interest. Any officer or employee of
the City is expressly prohibited from accepting, directly or indirectly,
from any person, company, firm or corporation to which any purchase
order 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. No City employee or official shall have a financial interest
in any purchase or contract issued by the City. Violation of this
provision is basis for dismissal.
4.
Budget goal. The Board of Aldermen sets goals, priorities
and standards for the City programs and services through adoption
of the annual budget. The budget establishes expenditure levels for
each department. No further Board action is required to initiate purchases
within the budget limits for purchases less than five thousand dollars
($5,000.00).
5.
Department head authority. Department heads are
granted full responsibility and broad discretion to make purchases
within the scope of their departmental appropriations subject to the
rules contained within these regulations. Budget appropriations do
not mandate expenditure unless the need continues to exist at the
time of purchase.
6.
Sales tax exemption. All City purchases are exempt
from the sales taxes of Missouri and its political subdivisions.
B.
Competitive Quotes And Bids.
1.
Any purchases over one hundred dollars ($100.00) and up to five thousand
dollars ($5,000.00) require Board of Aldermen approval prior to purchase.
2.
Items over five hundred dollars. Any item which
exceeds five hundred dollars ($500.00) up to a cost of five thousand
dollars ($5,000.00) purchased individually or in bulk shall require
competitive quotations. Quotes will be obtained in writing, by telephone
or from current catalogue price lists. Quotes shall be solicited from
at least three (3) vendors. For items exceeding two thousand five
hundred dollars ($2,500.00), written bids are required.
3.
Purchases over five thousand dollars. Purchases
in excess of five thousand dollars ($5,000.00) require legal advertisement,
written specifications, sealed bids and are awarded by the Board of
Aldermen. Sealed bids shall be submitted to the Purchasing Officer
for public opening and evaluation prior to Board of Aldermen action.
5.
Exceptions. These guidelines may be modified or
waived under any of the conditions listed below. Written justification
for such must be submitted with the purchase requisition (PO).
a.
The goods or services are available from only one (1) vendor;
b.
Any emergency (an emergency status must be approved by the Mayor
and reported at the next regular scheduled Board meeting);
c.
A concession or maintenance service agreement is being renewed for
good workmanship, material or performance for no more than one (1)
year;
d.
It is advantageous to purchase through the purchasing contracts of
other governmental agencies;
e.
The services are not conducive to lowest price bidding such as legal,
engineering, audit or medical services;
f.
For purchases that are of an on-going, repetitive nature, i.e., concrete,
asphalt, equipment repairs or any other items approved by the Board
of Aldermen. Vendors shall annually submit bids. Purchases may then
be made by department heads on a price/availability basis, for purchases
up to five hundred dollars ($500.00), without obtaining separate quotes
on each purchase; or
g.
Professional services for architecture, engineering or land surveying
shall be obtained as further outlined in the Procurement Policy adopted
by the City.
h.
Notwithstanding any of the provisions of this Section 100.030, the City may, upon concurrence of a majority vote of the members of the Board of Aldermen, enter into any contract for the purchase of goods or services without utilizing the bidding procedures as herein described, when, in the opinion of the Board of Aldermen, entering into such contract is deemed to be in the best interest of the City.
[Ord. No. 970, 1-19-2017]
C.
Requisition Forms/Purchase Orders.
1.
Purchase orders. For proper financial control, it
is imperative that all expenditures be authorized in advance. All
expenditures in excess of twenty-five dollars ($25.00) shall require
a purchase order.
2.
Requisition request functions. An approved requisition
request assures the employee that the specified goods or services
may be obtained. It provides information for the purchase order.
3.
Purchase order functions. An approved purchase order
assures the vendor that the City will pay for goods and services being
purchased. Completion of the receiving copy authorizes the Finance
Department to actually pay the vendor.
a.
The purchase order form must include the following information:
(1)
Purchase order number;
(2)
Vendor name, address and identification number;
(3)
Shipping address if goods are not to be delivered to City Hall
or are to be picked up;
(4)
Date of requisition;
(5)
Date delivery is needed;
(6)
Applicable general ledger expenditure account and/or project
number;
(7)
Quantity needed; and
(8)
Clear and detailed description of the items being requested.
b.
Three (3) copies of each purchase order should be made. The appropriate
requesting department shall keep one (1) copy. The second copy will
be kept in the purchase order book. The original copy will be attached
to the invoice.
c.
A total cost variance of up to three percent (3%) from the amount
on the original purchase order will be allowed with a written explanation
and approval by the appropriate department head.
D.
Recordkeeping. All purchasing activities will be documented
to verify a good faith effort to obtain the lowest possible price
at the optimum quality. This documentation will be submitted to the
Purchasing Officer with the purchase order or payment voucher.
1.
Quote form. A record of any quotes or bids will
be submitted to purchasing to document vendor competition. This record
shall include a list of vendors solicited, persons contacted, dates,
prices, quantities and any other pertinent information. The department
head may solicit informal telephone bids with the assistance of the
Purchasing Officer.
2.
Other documentation. The purchasing documentation
should also include verification of receipt and actual cost. This
may be provided by receiving slips, detailed invoices and/or receipts.
3.
The Purchasing Officer shall maintain the documentation submitted
with purchase orders and payment vouchers. The Purchasing Officer
shall maintain copies of all purchase orders in numerical order and
an inventory of fixed assets.
E.
Selection Of Professional Architectural, Engineering And Land Surveying
Services.
1.
Definitions. The following words shall have the
meanings as set out herein:
FIRM — Any individual, firm, partnership, corporation,
association or other legal entity permitted by law to practice architecture,
engineering or land surveying in the State of Missouri or to provide
professional services as described herein.
PROFESSIONAL SERVICES — Those services within
the scope of practice of architecture, engineering or land surveying,
as defined by the laws of the State of Missouri, or those performed
by any architect, professional engineer or registered land surveyor
in connection with this professional employment or practice.
2.
Roster of consultants. The City may maintain a
roster, classified by category of professional service, of qualified
firms interested in performing professional services for the City.
Names of firms shall be placed on the roster upon their request or
when recommended by City department heads.
3.
Each firm meeting the following minimum qualifications shall be deemed
to be a qualified firm and meeting the qualifications of the City.
a.
Duly authorized to conduct business in the State of Missouri in their
particular profession;
b.
Professional registration by the State of Missouri; and
c.
At least one (1) staff professional assigned to each project. Adequacy
of personnel will be determined on a contract-by-contract basis against
the City's estimate of manpower required to perform the work in the
desired time frame.
4.
Each firm listed on the roster shall be responsible for maintaining
a current resume describing its qualifications and experience to be
filed with the City. Firms having a roster on file shall update the
information contained therein on an annual basis, which shall include:
a.
Firm name, address, telephone numbers;
b.
Year established and former firm names (if applicable);
c.
Types of services for which it is qualified;
d.
Names of principals of the firm and States in which they are registered;
e.
Names of key personnel, with experience of each and length of time
in the organization;
f.
Number of staff available for assignment;
g.
Outside consultants and associates usually retained;
h.
List of completed projects on which the firm was principal consultant
in the previous three (3) years; and
i.
Current projects underway and estimate cost of each.
F.
General Procedure And Responsibilities.
1.
The procurement policy herein described shall be initiated for projects
whose expenditure value exceeds five thousand dollars ($5,000.00).
2.
Project initiation. When a department head identifies
a project for which professional services will be necessary, the department
will draft a scope of services for the specific project. The scope
of services should include the following:
3.
Expressions of interest. After authorization, the
department head will contact those firms on the roster and those firms
responding to advertisements, if applicable, for a written expression
of interest in the specific project. The request should invite comment
as to the special experience with similar projects and the availability
of the firm to provide required service within any time limitations.
4.
Screening and requests for proposals. The expressions
of interest will then be presented to the department head for initial
screening. Factors to be determined in the initial screening will
include:
a.
Specialized experience in the type of work required;
b.
Record of the firm in accomplishing work on other projects in the
required time;
c.
Quality of work previously performed by the firm for the City;
d.
Recent experience showing accuracy of cost estimates;
e.
Community relations including evidence of sensitivity to citizen
concerns;
f.
Geographic location of the office of the firm which would serve the
project;
g.
Qualifications and experience of key personnel; and
h.
Relations with previous clients.
|
The department head will designate three (3) or four (4) firms
who will be requested to present detailed proposals on the project
and be interviewed.
|
5.
Detailed proposals. Firm submitting detailed proposals
will be asked to provide the following:
a.
A resume of the firm principal who will be responsible for the project;
b.
A resume of the proposed project supervisor;
c.
Resumes of key project personnel;
d.
A statement of the ability of the firm to meet required time schedules;
e.
A description of how the project would be conducted;
f.
A schedule of hourly rates for various services offered and a proposed
project fee range;
g.
A list of municipal references for similar types of projects; and
h.
Any other pertinent information the firm wishes to present.
6.
Interview and selection. Upon receipt of the detailed
proposals, the department head will review the proposals, interview
the prospective firms and make the final selections as to the firm
for the project. Similar systems for rating shall be used on similar
projects and will be standardized where possible. The prime factor
to be rated in the final screening are the firm's:
a.
Management capabilities;
b.
Technical capabilities;
c.
Approach to the project;
d.
Understanding of City's objectives;
e.
Proposed work schedule;
f.
Staff to be assigned;
g.
Fee and/or schedule of hourly rates;
h.
Knowledge of local situation;
i.
Ability to communicate;
j.
Presentation and attitude; and
k.
Confidence factor.
7.
Contract negotiation. The selected firm will then
be requested to come in for a final conference with the department
head to define precisely the scope of services to be provided and
to finalize the compensation requirements for the work. A contract
will then be prepared and submitted to the City Attorney for review
and then submitted for presentation to the Board of Aldermen for approval,
as required by the purchasing manual.
If, after reasonable effort, a contract cannot be negotiated,
the negotiations with the designated firm shall be terminated and
negotiations shall be started with the next firm recommended.
8.
Exceptions.
a.
In view of the fact that special conditions will occasionally arise
that make use of this policy impractical, exceptions can be made.
Reasons for exceptions may include an emergency situation which precludes
a selection time frame of at least two (2) months or an extremely
specialized need in which there is only one (1) feasible source of
expertise.
b.
If the number of firms willing and available to perform a specified
task is small, the step involving initial screening may be skipped
and the selection process will go directly to detailed proposals.
c.
If two (2) or more projects, during any three-year period, are of
such similar nature, the department head may request a detailed proposal
from a previously contacted firm and then, following an interview,
enter into contract negotiations with that firm. Should contract terms
not be reached with the selected firm, the department head must revert
to the procedures as outlined previously in this policy.
G.
Compensation Or Fee. This amount 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:
H.
Prohibition Against Contingent Fees.
1.
Each contract entered into by the Board of Aldermen 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 a 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 Board
of Aldermen 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.
A.
General Penalty.
1.
Whenever in this Code or any other ordinance of the City, or in any
rule, regulation, notice or order promulgated by any officer or agency
of the City under authority duly vested in him/her or it, any act
is prohibited or is declared to be unlawful or an offense or misdemeanor
or the doing of any act is required or the failure to do any act is
declared to be unlawful or an offense or a misdemeanor, and no specific
penalty is provided for the violation thereof, upon conviction of
a violation of any such provision of this Code or of any such ordinance,
rule, regulation, notice or order, the violator shall be punished
by a fine not exceeding five hundred dollars ($500.00) or by imprisonment
in the City or County jail not exceeding ninety (90) days or by both
such fine and imprisonment; provided, that in any case wherein the
penalty for an offense is fixed by a Statute of the State, the statutory
penalty, and no other, shall be imposed for such offense, except that
imprisonments may be in the City prison or workhouse instead of the
County jail.
2.
Every day any violation of this Code or any other ordinance or any
such rule, regulation, notice or order shall continue shall constitute
a separate offense.
3.
Whenever any act is prohibited by this Code, by an amendment thereof,
or by any rule or regulation adopted thereunder, such prohibition
shall extend to and include the causing, securing, aiding, or abetting
of another person to do said act. Whenever any act is prohibited by
this Code, an attempt to do the act is likewise prohibited.
B.
Minor Traffic Violations. The punishment of a minor traffic violation, as defined by Section 300.020 of the Lake Tapawingo Municipal Code, shall be subject to the following:
[Ord. No. 955 §2, 9-24-2015[1]]
1.
The maximum fine and court costs that can be imposed for the
violation of any minor traffic violation shall be two hundred twenty-five
dollars ($225.00).
[Ord. No. 967 §1, 10-20-2016]
3.
A person convicted of a minor traffic violation shall not be
placed in confinement for failure to pay a fine unless such non-payment
violates the terms of the person's probation.
4.
Court costs shall be assessed against such person unless the
court finds that the defendant is indigent.
