[Code 1975 §11.11(1); CC 1989 §2-261; Ord. No. 4564, 4-10-2023]
Whenever the City negotiates any purchase, sale, or other contract,
including contracts for public improvements, there shall be provided
ample opportunity for competitive bidding in the manner set out in
this Chapter and with due regard to obtaining products, resources,
terms and conditions most advantageous to the City. However, the City
attempts to strike a reasonable balance between competitive bidding
and the cost or value of the items being purchased. Therefore, for
items under two thousand dollars ($2,000.00), the City will use the
prudent person standard, whereby City staff shall take necessary prudent
steps to ensure best pricing and document those efforts. For costs
above two thousand dollars ($2,000.00), the following competitive
bidding policies apply.
[Code 1975 §11.10(2); CC 1989 §2-262]
The City Clerk or Board of Aldermen may not except specific
contracts, purchases or sales from the requirements of competitive
bidding nor shall purchases be parceled or divided to avoid the intent
of this Section unless otherwise provided herein.
[Code 1975 §11.10(3), (4); CC 1989 §2-263; Ord.
No. 2829 §1, 6-24-2003; Ord.
No. 4564, 4-10-2023]
A.
All
contracts providing for payment in excess of two thousand dollars
($2,000.00) but not in excess of fifteen thousand dollars ($15,000.00)
for purchases of supplies, materials or contracted services shall
be made with the lowest and best bidder after at least three (3) competitive
informal bids have been collected, unless multiple sources are not
available. Informal quotes include quotes from phone calls, voicemails,
internet searches, local vendor inquiries, and email responses. These
quotes, or explanation of sole source provider, should be recorded
on the City of Town and County Purchase Summary Sheet. Items in this
category, if budgeted, shall be approved by both the Finance Director
and Department Director.
B.
All
contracts providing for payment in excess of fifteen thousand dollars
($15,000.00) for purchases of supplies, materials or contracted services
shall be made with the lowest and best bidder after due and public
notice inviting sealed bids. The City shall make every reasonable
effort to seek bids from qualified contractors. Bids shall be opened
at the time and place designated in the notice and the opening of
such bids shall be public. Items in this category must be approved
by the Board of Aldermen.
[Code 1975 §11.10(5); CC 1989 §2-264; Ord. No. 4564, 4-10-2023]
The requirements of competitive bidding hereinabove required shall not apply to service of professional persons, including, but not limited to, accountants, architects, attorneys, physicians or other services requiring expert or specialized knowledge or skill, planning consultants, insurance advisors and brokers, landscape architects and designers. The spirit and intent of Chapter 140 shall apply in the engagement of professional services in that price, scope, qualifications, etc., shall be evaluated to ensure the best interests of the City are being met. Agreements for professional services that are long-term or indefinite-term shall be evaluated by staff not less than every three (3) years with appropriate documentation to ensure that the scope of services and related fees are still in the best interest of the City. Where applicable statutory language requires bidding and/or other qualification measures be utilized for certain services, this Section of Code shall not apply for exemption purposes.
[Code 1975 §11.10(6); CC 1989 §2-265; Ord. No.
3236 §1, 5-31-2007; Ord. No.
4564, 4-10-2023]
In case of an emergency which requires immediate purchase of
supplies or contractual services, if the Mayor is unable to poll the
members of the Board of Aldermen, he/she shall be empowered to secure
or obtain on the open market, at the then-lowest obtainable price,
any supplies or contractual services up to and not to exceed fifteen
thousand dollars ($15,000.00). Expenditures made under this Section
shall require notification be made to the Board of Aldermen at their
next scheduled regular meeting.
[Code 1975 §11.10(7); CC 1989 §2-26; Ord. No. 3521
§1, 6-14-2010]
A.
Contracts,
if awarded, shall be awarded to the lowest and best bidder. In determining
"lowest and best bidder", in addition to price, the City Clerk, the
Mayor and the Board of Aldermen shall consider, when applicable, these
considerations:
1.
The ability, capacity and skill of the bidder to perform the contract
or provide the service required;
2.
Whether the bidder can perform the contract or provide the service
promptly, or within the time specified, without delay or interference;
3.
The character, integrity, reputation, judgment, experience and efficiency
of the bidder;
4.
The quality of performance of previous contracts or services;
5.
The previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service;
6.
The sufficiency of the financial resources and ability of the bidder
to perform the contract or provide the service;
7.
The quality, availability and adaptability of the supplies or contractual
services to the particular use required;
8.
The ability of the bidder to provide future maintenance and service
for the use of the subject of the contract;
9.
The number and scope of conditions attached to the bid.
10.
Whether or not the commodity or service is "environmentally preferable" as defined in Section 140.130;
11.
The life-cycle cost and return on investment of a commodity or service,
in addition to the initial cost.
[Code 1975 §11.10(8); CC 1989 §2-267]
Nothing in this Chapter shall be construed to limit or prohibit
the City from joining with other units of government in cooperative
purchasing plans.
[Code 1975 §11.10(9); CC 1989 §2-268]
All contracts awarded by the State or the County for the purchases
of supplies, materials or contracted services may be used in lieu
of the procedures set out in this Chapter when the best interests
of the City would be served thereby.
[Code 1975 §11.10(10); CC 1989 §2-269; Ord. No.
3351 §1, 8-7-2008]
A local supplier of goods and services, located within the St.
Louis Standard Metropolitan Statistical Area (SMSA) may be accepted
in place of the low bidder on any contract awarded by the County or
the State if the local supplier meets or has more favorable terms,
pricing and/or conditions as the low bidder in the State or County
contract.
[Code 1975 §11.10(11); CC 1989 §2-270; Ord. No.
3627 §1, 11-15-2011; Ord. No.
4564, 4-10-2023]
All requests for bids and purchases exceeding fifteen thousand
dollars ($15,000.00) shall be initiated by a department supervisor
to the City Clerk who shall be responsible for securing all sealed
bids. A purchase order will be required for all purchases greater
than seven thousand five hundred dollars ($7,500.00) and must be approved
by the Finance Director. The department supervisor initiating the
purchase order must verify receipt of the purchase so ordered, then
submit the invoice and packing slip, if applicable, to the Finance
Department before payment is made. Expenditures must be made and received
by December 31 to be applied to the current budget year.
[Code 1975 §11.10(12); CC 1989 §2-271]
Notwithstanding anything in this Chapter to the contrary, the
Board of Aldermen may, by majority vote, reject all bids without cause
or explanation, and reference to such authority shall be set forth
on any and all bid proposals.
[Ord. No. 2913 §1, 5-11-2004]
A.
FINANCIAL RECORDS
NOT-FOR-PROFIT ENTITY
SUPPORT OR PROMOTION
Definitions. For purposes of this Section, the following
terms are defined as follows:
Documents and records including, but not limited to, accounting
records (hard copy as well as computer readable data), written policies
and procedures, subcontractor files, indirect cost records, overhead
allocation records, correspondence, instructions, drawings, receipts,
vouchers, memoranda and any other data relating to contributions,
funding, expenditures or the finances of the entity.
Any corporation, group or organization incorporated under
the laws of any State as a not-for-profit and/or characterized as
a tax-exempt or 501(c)(3) organization by the Internal Revenue Service.
Any monetary funding given to an entity, the use of City-owned
real or personal property at less than fair market value, or any service,
property or thing which has value, but is provided to an entity by
the City at less than fair market value.
B.
Disclosure Required — When. Each not-for-profit entity
receiving monetary or other support or promotion from the City shall,
as a condition of such funding, support or promotion:
1.
Report on its activities, receipts and expenditures within thirty
(30) days after a request of the Mayor or Board of Aldermen;
2.
File an annual report with the Mayor's office on or before January
thirty-first (31st) of the year following the grant of funding or
support which shall cover the period between January first (1st) to
December thirty-first (31st) of the preceding year and shall include
a detailed accounting of all receipts (identity of donors need not
be disclosed), all expenditures and specific information concerning
the services provided by the entity to the City of Town and Country;
3.
Acknowledge the City's financial assistance or support and promotion
where applicable and appropriate;
4.
Open its financial records for inspection, audit and/or reproduction
by a duly authorized representative from the City, at the City's expense;
5.
Preserve all financial records for a period of three (3) years, unless
permission to destroy them is granted by the City or for such longer
period as may be required by law.
C.
Notice — Effect On Existing Contracts And Support And Promotion.
1.
The City Clerk shall immediately send notice of this Section by sending
a copy thereof to each not-for-profit entity currently receiving support
or promotion from the City.
2.
Each entity covered by this Section is hereby given thirty (30) days
from the date of such notice to terminate the entity's existing contract
with the City or reject City funding, support or promotion so that
such entity does not fall within the requirements of this Section.
[Ord. No. 3521 §2, 6-14-2010; Ord.
No. 4564, 4-10-2023]
A.
Nothing in this Section shall be construed as requiring the City to procure products or services that are inferior in quality, do not perform adequately for their intended use, exclude adequate competition, are not available at a reasonable price in a reasonable period of time, or exclude the considerations described under Section 140.060 above. All requests for proposals and bids shall contain the following provision:
1.
Environmentally-Friendly Buying Preferences. The
City of Town and Country promotes environmentally sustainable practices
by purchasing environmentally preferable products when cost, quality,
variety, quantity, delivery time and other defined specifications
are not significantly inferior to competing commodities and services.
Whenever possible, proposals shall provide applicable information
relating to how the vendor's product is environmentally preferable.
