Cross Reference — As to "conflict of interest", Ch. 119.
[CC 1978 §112.010; Bill No. 97-03(112.000), 1-20-1997]
The Mayor, City Administrator and City Council members are hereby
designated as purchasing agents for the City. They, when authorized,
shall procure for the City bids for supplies and services needed by
the City in accordance with the procedures by this Chapter.
[CC 1978 §112.020]
Except as provided in this Chapter, it shall be unlawful for
any City Officer or employee to order the purchase of any supplies
or make any contract within the preview of this Chapter other than
through a purchasing agent, and any purchase ordered or contract made
contrary to the provisions hereof shall not be approved by City Officials,
and the City shall not be bound thereby.
[CC 1978 §112.030]
A.
In addition
to the purchasing authority conferred in the preceding Section, and
in addition to any other powers and duties conferred by this Code
or other ordinance, the purchasing agents shall:
1.
Act
to procure for the City the highest quality in supplies and contractual
services at the lease expense to the City.
2.
Discourage
uniform bidding and endeavor to obtain as full and open competition
as possible on all purchases and sale.
3.
Keep
informed of current developments in the field of purchasing, prices,
market conditions and new products, and secure for the City the benefits
of research done in the field of purchasing by other governmental
jurisdictions, national technical societies, trade associations, and
by private businesses and organizations.
4.
Prepare,
adopt and maintain a vendor's catalog file. Said catalog shall be
filed according to materials and shall contain descriptions of vendor's
commodities, prices, and discounts.
5.
Exploit
the possibilities of buying "in bulk" so as to take full advantage
of discounts.
6.
Act
so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
7.
Have
the authority to declare vendors who default on their quotations irresponsible
bidders and to disqualify them from receiving any business from the
municipality for a stated period of time.
[CC 1978 §112.050]
The Mayor, City Administrator, City Council members and every
other officer and employee of the City are 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.
[CC 1978 §112.060]
All purchases of and contracts for supplies and contractual
services, and all sales of personal property which have become obsolete
and unusable shall, except as specifically provided herein, be based
wherever possible on competitive bids.
[CC 1978 §112.070]
A.
All supplies
and contractual services, except as otherwise provided in this Chapter,
when the estimated cost thereof shall exceed five thousand dollars
($5,000.00), shall be purchased by formal, written contract from the
lowest responsible bidder after due notice inviting proposals; provided
however, that the formal market procedures shall be used in the procurement
of fuel for City vehicles and for insurance without regard to the
dollar amount of the purchase. All sales of personal property which
have become obsolete and unusable, when the estimated value shall
exceed five thousand dollars ($5,000.00), shall be sold by formal
written contract to the highest responsible bidder after due notice
inviting proposals.
1.
Notice defined. The notice required by this Section shall
consist of the following:
a.
Notice
inviting bids shall be published once in at least one (1) official
newspaper of the City and at least five (5) days preceding the last
day set for the receipt of proposals. The newspaper notice required
herein shall include a general description of the articles to be purchased
or sold, shall state where bid blanks and specifications may be secured,
and the time and place for opening bids.
b.
The
purchasing agent shall also solicit sealed bids from all responsible
prospective suppliers who have requested their names to be added to
a "Bidder's List" which the City Clerk shall maintain, by sending
them a copy of such newspaper notice or such other notice as will
acquaint them with the proposed purchase or sale. In any case, invitations
sent to the vendors on the bidder's list shall be limited to commodities
that are similar in character and ordinarily handled by the trade
group to which the invitations are sent.
c.
The
purchasing agent shall also advertise all pending purchases or sales
by a notice posted on the public bulletin board in the City Hall.
d.
The
purchasing agent shall also solicit sealed bids by direct mail request
to prospective vendors and by telephone, as may seem to him/her to
be in the best interest of the City.
2.
Bid opening procedure. Contracts for purchases by the City
shall be awarded to the lowest responsible bidder. Bids shall not
be accepted from, nor contracts awarded to, a contractor who is in
default on the payment of taxes, licenses or other monies due the
City. In determining "lowest responsible bidder", in addition to price,
the following shall be considered:
a.
The
ability, capacity and skill of the bidder to perform the contract
or provide the service required;
b.
Whether
the bidder can perform the contract or provide the service promptly,
or within the time specified, without delay or interference;
c.
The
character, integrity, reputation, judgment, experience and efficiency
of the bidder;
d.
The
quality of performance of previous contracts or services;
e.
The
previous and existing compliance by the bidder with laws and ordinances
relating to the contract or service;
f.
The
sufficiency of the financial resources and ability of the bidder to
perform the contract or provide the service;
g.
The
quality, availability and adaptability of the supplies or contractual
services to the particular use required;
h.
The
ability of the bidder to provide future maintenance and service for
the use of the subject of the contract;
i.
The
number and scope of conditions attached to the bid.
3.
Bids accepted. All bids shall be accepted or rejected by
the City Council. When the award is not given to the lowest bidder,
a full and complete statement of the reasons for placing the order
elsewhere shall be entered upon the journal of the Council.
4.
Tie bids. If all bids received or the lowest bids received
are for the same total amount or unit price, quality and service being
equal, the contract shall be awarded to a local bidder. Where there
is no local low bidder, the award shall be made on the basis of a
drawing of lots to be held in public.
[CC 1978 §112.080]
A.
All purchases
of supplies and contractual services, and all sales of personal property
which have become obsolete and unusable for which competitive bidding
is not required by this Code, shall be made in the open market without
newspaper advertisement and without observing the bid opening procedure
for the award of formal contracts; provided however, that the formal
contract procedures shall be used in the procurement of fuel for City
vehicles and for insurance without regard to the dollar amount of
the purchase.
1.
All
open market purchases shall, whenever possible, be based on at least
three (3) competitive bids, and shall be awarded to the lowest responsible
bidder.
3.
The
City shall keep a record of all open market orders and the bids submitted
in competition thereon, and such records shall be open to public inspection.
[CC 1978 §112.090]
In case of an apparent emergency which requires immediate purchase
of supplies or contractual services, the City Council may authorize
the purchase at the lowest obtainable price any supplies or contractual
services regardless of the amount of the expenditure. A full explanation
of the circumstances of an emergency purchase shall be recorded in
the minutes of the City Council.
[CC 1978 §112.100]
To the maximum extent practicable the purchases of this City
shall be made under the provisions of the Missouri State-Local Technical
Services Act. The requirements to competitive bidding at the local
level shall not apply to such purchases.
[CC 1978 §112.110]
Each purchasing agent may, on his/her own authority, contract
for supplies not to exceed five hundred dollars ($500.00) total cost
per order. Larger purchases must be approved in advance by the applicable
committee Chairman. All purchases are subject to final acceptance
by the City Council.
[CC 1978 §112.120; Bill No. 97-03(112.000), 1-20-1997]
A.
The term "professional services" shall mean 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. Furthermore,
the term "professional services" shall encompass
the services provided by planning consultants, insurance consultants,
computer consultants, accountants, and other persons/firms providing
consulting services.
B.
The term "firm" shall mean 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.
C.
The City
will maintain a roster, classified by category of professional service,
of qualified firms interested in performing professional services
for the City. Names of firms will be placed on the roster upon their
request, at the request of the Mayor or City Administrator or members
of the City Council or when recommended by City department heads.
D.
Each
firm meeting the following minimum qualifications shall be deemed
to be a qualified firm and meeting the qualifications of the City.
1.
Duly
authorized to conduct business in the State of Missouri in their particular
profession.
2.
Professional
registration by the State of Missouri, if required.
3.
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.
E.
Each
firm listed on the roster shall be responsible for maintaining a current
resume describing its qualifications and experience with the City
Secretary, which resume shall contain as a minimum:
1.
Firm
name, address, telephone numbers.
2.
Year
established and former firm names (if applicable).
3.
Types
of services for which it is qualified.
4.
Names
of principals of the firm and States in which they are registered,
if registration is required in that profession.
5.
Names
of key personnel, with experience of each and length of time in the
organization.
6.
Number
of staff available for assignment.
7.
Outside
consultants and associates usually retained.
8.
Current
projects underway and estimated cost of each.
F.
Classes Of Services. Projects will be divided into two (2)
classes as follows:
1.
Class A. Services for projects where fees will exceed ten
thousand dollars ($10,000.00). Three (3) members of the City Council,
appointed by the Mayor, will act as the screening and selection committee
along with the Mayor and the department head having responsibility
for the specific project. Advertising for this class of project is
required.
2.
Class B. Services for projects where fees will not exceed
ten thousand dollars ($10,000.00). The firm will be selected by a
staff committee which will recommend the firm and appropriate contract
to the Mayor and City Council for their approval. Advertising for
this class of project is required only in special instances, such
as when highly specialized services are required.
3.
It may
be necessary on some projects to appoint persons to the selection
committee from outside City Government who are experts in a particular
field and who are disinterested parties in the project at hand. If
a project involves a department advised by a citizen commission, it
may be desirable to include a representative from that commission
on the selection committee. The Mayor may appoint these persons to
either class of committee.
4.
The
City Council may direct Class A projects to the staff for the selection
process if the City Council feels the type of project does not warrant
Council participation until actual selection is being considered.
This delegation will be made by motion of the City Council. The City
Council may also direct that representative of the City Council be
included during the selection process for Class B projects if they
feel there is a need for such inclusion.
G.
General Procedure And Responsibilities.
1.
Project initiation. When a department of the City identifies
a project for which professional services will be necessary, the department
will draft a scope of services for the specific project. This scope
of services will be submitted to the Mayor for authorization to initiate
the project, and a determination as to which type of screening and
selection committee will be required. The scope of services should
include the following:
2.
Expressions of interest. After authorization, the administering
department will contact those firms on the roster and those firms
responding to advertisements for a written expression of interest
in the specific project. The request should invite comment as to the
special experience in the project being considered, describe previous
experience with similar projects, and the availability of the firm
to provide required service within any time limitations.
3.
Initial screening and requests for proposals. The expressions
of interest will then be presented to the appropriate screening and
selection committee 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.
h.
Relations
with previous clients.
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The screening committee will designate three (3) or four (4)
firms who will be requested to present detailed proposals on the project
and be interviewed.
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4.
Detailed proposals. Firms 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.
h.
Any
other pertinent information the firm wishes to present.
5.
Interview and selection. Upon receipt of the detailed proposals,
the selection and screening committee will be convened to review the
proposals, interview the prospective firms, and make the final selections
as to the firm for the project. Written interview and selection criteria
utilizing a point system shall be established prior to receiving detailed
proposals on the project. A copy of the system shall be placed on
similar file with the City Clerk. Similar systems for rating shall
be used on similar projects and will be standardized where possible.
The prime factors to be rated in the final screening are:
a.
Management
capabilities.
b.
Technical
capabilities.
c.
Approach
to the project.
d.
Understanding
the 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.
k.
Confidence
factor.
6.
Contract negotiation. The selected firm will then be requested
to come in for a final conference with the screening and selection
committee to define precisely the scope of service to be provided
and to finalize the compensation requirements for the work. A contract
is prepared and submitted to the City Attorney for review, and then
submitted to the Mayor and City Council for approval. 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.
7.
Exceptions.
a.
In
view of the fact that special conditions will occasionally arise that
make use of this policy impractical, there can be exceptions 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. If it appears there is a need for an exception to the policy,
the Mayor will inform the City Council to allow them the opportunity
to deny the exception.
b.
If
the number of firms willing and available to perform a specific task
is small, the step involving initial screening may be skipped and
the selection process will go directly to detailed proposals.
H.
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:
I.
Prohibition Against Contingent Fees.
1.
Each
contract entered into by the City Council 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 Mayor and
City Council shall have the right to terminate the agreement without
liability and, to its discretion, to deduct from the contract price,
or otherwise recover the full amount of such fee, commission, percentage,
gift, or consideration.
J.
Use Of Procedures. The procedures described herein shall
be used in all projects requiring outside professional services. Exceptions
to this policy shall be as follows:
1.
After
the City has used this process to select a firm with specialized expertise
that is available to do similar required work in the field of expertise
which would fall under Class B type projects, if new contracts can
be negotiated, the firm can be retained for additional projects required
that expertise for a period of no longer than three (3) years. After
three (3) years, this procedure shall be used again for selection
of professional services.
2.
If,
after project completion by a firm already selected by the City through
this process to do a major project, the City requires professional
services on an ongoing consultant basis on that project, the City
may retain the services of that firm on a consultant basis for a period
of three (3) years. After that period of time, the City shall use
this procedure again to select ongoing consultant services.
[CC 1978 §112.130; Bill No. 97-03(112.000), 1-20-1997]
The Mayor and City Council may waive any and all aforementioned
procedural requirements in the best interests of the City.
