A.
The
purpose of this Article is to establish standardized procedures for
procuring good and services that combine fiscal control with flexibility
to assure that the City receives the best value. The best value is
achieved by obtaining high quality goods and services at the lowest
possible costs considering the City's specific goals, needs and circumstances
in a given situation. This Article also provides procedures for the
disposition of City property that is no longer needed for municipal
purposes.
[Ord. No. 18-2227, 8-20-2018]
B.
The
Director of Finance shall be the purchasing agent for the City and
shall ensure that all purchases are made in accordance with the purchasing
rules and procedures approved by the Board of Aldermen. In his/her
capacity as the City's purchasing agent, the Director of Finance shall
oversee the preparation of all bid specifications for services and
equipment.
Any officer or employee of the City who has a financial interest,
direct or indirect, shall disclose such interest prior to the execution
of a purchase order or contract. The City Administrator shall immediately
report to the Mayor and Board of Aldermen any information that would
indicate any such interest either before or after a purchase has been
made.
[Ord. No. 21-2327, 8-16-2021]
All appointed and elected officials and employees of the City
are expressly prohibited from accepting, directly or indirectly, any
rebate, gift, money, or anything of value whatsoever, except where
given for the use and benefit of the City, from any person to which
a purchase order or contract is awarded, is under consideration to
be awarded, or who may be seeking to have such awarded.
[Ord. No. 21-2327, 8-16-2021]
All appointed and elected officials and employees of the City
are expressly prohibited from soliciting or requesting anything of
value or any favor whatsoever for that person's benefit or for the
benefit of any of his/her family members within the 2nd degree (by
blood or marriage) from any person or entity to which a purchase order
or contract is awarded, is under consideration to be awarded, or who
may be seeking to have such awarded. This prohibition includes but
is not limited to requesting campaign donations or campaign support,
a sample of products not for City-use, demonstrations for or advice
for use of services for non-City use, or request for paid or unpaid
internships or employment opportunities.
[Ord. No. 06-1688 §1, 7-3-2006; Ord. No. 15-2115 §1, 8-17-2015]
A.
When the City negotiates any purchase for goods and services, there
shall be provided ample opportunity for competitive bidding in the
following manner and with due regard to obtaining products, resources,
terms, and conditions most advantageous to the City:
1.
If the consideration is less than five thousand dollars ($5,000.00),
bids need not be solicited but may be authorized by the appropriate
department head.
2.
If the consideration is more than five thousand dollars ($5,000.00)
but less than ten thousand dollars ($10,000.00), the department head
shall solicit, orally or in writing, at least three (3) bids, either
oral or written, non-sealed, for the item or items. The execution
of the bid requirement shall be documented by the department head
on a form provided by the office of the Director of Finance and attached
to the purchase order. The department head may then award the purchase
or contract for services to the lowest responsible bidder who submits
the bid which is most advantageous to the City.
3.
If the consideration is more than ten thousand dollars ($10,000.00)
but less than fifteen thousand dollars ($15,000.00), the department
head shall solicit, orally or in writing, at least three (3) non-sealed
written bids for the item or items. The execution of the bid requirement
shall be documented by the department head on a form provided by the
office of the Director of Finance and attached to the purchase order.
The department head may then, with the approval of the City Administrator,
award the purchase or contract for goods or services to the lowest
responsible bidder who submits the bid which is most advantageous
to the City. Following such award by the City Administrator, the Mayor
and Board of Aldermen shall be notified of such award.
4.
Whenever the consideration is contemplated to be more than fifteen
thousand dollars ($15,000.00), the department head shall cause to
be published in one (1) newspaper of general circulation in the St.
Louis metropolitan area a notice inviting sealed bids; said notice
shall be published at least ten (10) days prior to the date set for
receipt of bids. The notice herein required shall include a general
description of the articles to be purchased or the services to be
performed and the time and place for opening of sealed bids. The notice
will also be posted on the City's website. In addition, the notice
shall be sent (via US Mail or e-mail, with a reply that they have
received the notice) to at least three (3) responsible prospective
suppliers of the item to be purchased or services to be performed.
If three (3) responsible suppliers cannot be reasonably located, the
department head shall certify that fact to the City Administrator
upon presentation of the bids. Notice of the invitation to bid shall
be posted in the lobby of City Hall and on the City's website.
5.
Sealed bids shall be received by the appropriate department
head and shall be identified as bids on the envelope. The bids shall
be opened in public at the time and place stated in the invitation
to bid and in any public notice before at least two (2) City witnesses,
and, after the opening, the department head shall tabulate all bids
received and shall file a written report of the bids with the City
Administrator together with his/her written recommendation of whom
the City Administrator should recommend to the Mayor and Board of
Aldermen for the award of the contract.
6.
The Board of Aldermen, upon receiving the tabulation and recommendation
of the department head and the recommendation of the City Administrator,
shall award the contract to the lowest responsible bidder but shall
have the right to reject any and all bids.
7.
The following shall be the minimal guidelines in determining
the lowest responsible bidder:
a.
The ability, capacity and skill of the bidder to perform the
contract or provide the services required;
b.
Whether the bidder can perform the contract or provide the services
promptly or within the time specified, without delay or interference;
c.
The character, integrity, responsibility, judgment, experience,
and efficiency of the bidder;
d.
Whether the bidder is in default on the payment of taxes, licenses
or other monies due the City, and this factor alone shall justify
disqualification;
e.
The quality and performance of previous contracts or services
to the City;
f.
The previous and existing compliance by the bidder with laws,
the provisions of this Code and other City ordinances relating to
the contract services;
g.
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service;
h.
The quality, availability and adaptability of the supplies or
contractual services to the particular use required;
i.
The ability of the bidder to provide, where applicable, future
service and maintenance of equipment which is the subject of the contract;
j.
The number and scope of conditions attached to the bid; and
k.
The providing to the City of the names of all subcontractors
that will be used by the successful bidder for completion of the contract
services.
A.
The
City reserves the right to reject any and all bids. Bids shall be
awarded to the lowest and best bidder. In determining the lowest and
best bidder, the following factors shall be considered in addition
to pricing:
1.
The ability, capacity and skill of the bidder to perform the terms
of the contract or provide the service required.
2.
Whether the bidder can meet the contractual terms or provide the
service required within the specified timeframe.
3.
The bidder's past performance on previous contracts or services.
4.
The previous and current compliance of the bidder with laws and ordinances
relating to the contract or service.
5.
The financial resources and ability of the bidder to perform the
contract or provide the service.
6.
The ability of the bidder to provide future maintenance and service
for the subject of the contract.
B.
Bids
shall not be accepted from firms who are in default on the payment
of taxes, licenses or other monies due the City.
C.
Bids
shall not be accepted by the City until consultation with the Director
of Finance and department head affected by such bid.
[Ord. No. 03-1455, §2, 11-3-2003]
A.
Professional Services. Contracts for services of professional
persons, including, but not limited to, attorneys, physicians, accountants
or other services requiring expert or special knowledge or skill,
including, but not limited to, planning consultants, insurance advisors
and brokers, auditors, public relations consultants, real estate brokers,
and landscape architects shall be exempt from the requirement of competitive
bidding.
B.
Cooperative Purchasing. Contracts with any other governmental
units or agencies for the purpose of cooperative purchasing, when
it would best serve the interests of the City, shall be exempt from
the requirement of competitive bidding. The Director of Finance or
the City Administrator must, however, verify that the purchase has
been subject to competitive bidding by some other governmental entity.
C.
Exclusive Supplier. The City Administrator may waive the
requirement of competitive bidding if only one (1) supplier can satisfy
the needs of the City. A single feasible source exists when supplies
are proprietary and only available from the manufacturer or a single
distributor or if it is determined that only one (1) distributor services
the region in which the supplies are needed.
D.
Per Unit Pricing. When it shall be deemed more appropriate
to obtain per unit pricing at the beginning of the fiscal year, at
which time items shall be subject to Board of Aldermen approval, supplies,
materials, and equipment may be secured from that same supplier throughout
the fiscal year.
E.
Emergency Purchases.
1.
The Mayor may, in a situation where time is of the essence, authorize
the purchase or procurement of materials, supplies, equipment or services
involving expenditure (or a related series of expenditures) in a total
amount not to exceed twenty-five thousand dollars ($25,000.00). The
Mayor shall grant such approval in writing and provide a copy of the
same to the Board of Aldermen immediately following the granting of
such approval. Such purchases or procurements may be made by the Mayor
regardless of the inclusion of such expenditure in the annual budget
of the City, provided the expenditure does not exceed the fund in
the annual budget provided for such expenditures.
2.
In the event that a state of emergency in the City of Manchester
is declared in accordance with Chapter 44 of the Revised Statutes
of the State of Missouri and the Code of Ordinances of the City of
Manchester, the Mayor shall be empowered to authorize the purchase
or procurement of materials, supplies, equipment or services as deemed
necessary to ensure the health and safety of the public.
F.
Negotiated Agreements For Goods And Services. In lieu of instituting the competitive bidding process set forth in Section 135.080, the Board of Aldermen may approve a negotiated procurement of goods or services if:
[Ord. No. 18-2227, 8-20-2018]
1.
The City has received no responsive bids to an advertisement for bids pursuant to Section 135.080;
2.
The Board has rejected all bids received pursuant to an advertisement for bids under Section 135.080; or
3.
The Board determines that, based on the facts and circumstances of a particular situation, the purpose of the City's Purchasing Policy to obtain the best value for goods and services would be frustrated by following the formal competitive bidding process of Section 135.080 and that negotiation with one (1) or more vendors enhances the City's opportunity to procure proven, quality services or products in a more efficient and cost-effective manner.
A.
The
following shall be the policy and procedures for selecting architectural,
engineering, land surveying, and other professional services for the
City.
1.
ARCHITECTURAL SERVICES
ENGINEERING SERVICES
FIRM
LAND SURVEYING SERVICES
SELECTION COMMITTEE
USING DEPARTMENT
Definitions. As used in this Article the following
terms shall have these prescribed meanings:
Those services within the scope of practice of architecture
as defined by the laws of the State of Missouri, Section 327.091,
RSMo., to include landscape architects.
Those services within the scope of practice of engineering
as defined by the laws of the State of Missouri, Section 327.181,
RSMo.
Any individual, firm, partnership, corporation, association
or other legal entity permitted by law to practice the profession
of architecture, engineering or land surveying, or other professional
services and that provides said services.
Those services within the scope of practice of land surveying
services as defined by the laws of the State of Missouri, Section
327.272, RSMo.
The City Administrator, the Director of Finance, the City
Engineer when appropriate, the department head of the using department,
and other staff members as deemed appropriate by the City Administrator.
The City Department requesting the professional service and
that shall be the prime user of the service.
3.
General procedures and responsibilities for Class A projects.
a.
Project Initiation. When a department of the City
identifies a project for which architectural, engineering, land surveying
or other 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 City Administrator for authorization
to initiate the project. The department shall include in the scope
of services the following:
(1)
A description of the work to be performed and its objectives.
(2)
The nature of specific tasks and services to be accomplished.
(3)
The type and amount of assistance to be given by the using department.
(4)
Required timeframe for completion of the project.
(5)
Financial conditions, limitations or other requirements such
as applicable grant funding.
b.
Expressions of interest. Upon the approval of the
City Administrator, the using department will contact a minimum of
three (3) firms to submit an expression of interest in the specific
project summarized in the scope of services. Firms responding to the
expression of interest shall provide the following information:
(1)
Name and address of firm.
(2)
Previous related experience.
(3)
Outside firms or outside personnel to be used on projects.
(4)
Brief resume of key persons to be assigned to project.
(5)
Special experience in the project being considered.
(6)
Any work previously performed for the City.
(7)
Description of resources.
c.
Initial screening of expressions of interest. The
Selection Committee will utilize the following factors in the initial
screening of the expressions of interest:
(1)
Specialized experience and technical competence in the type
of work required.
(2)
Past record of performance with respect to cost control, quality
of services and ability to meet schedules.
(3)
Quality of work previously performed by the firm for the City.
(4)
Ability in the area of community relations, including evidence
of sensitivity to citizen concerns.
d.
Selection process.
(1)
Upon completion of the initial screening process, the Selection
Committee will interview, if necessary, prospective firms. The Selection
Committee will then recommend the two (2) firms deemed to be best
qualified and capable of performing the desired work.
(2)
The City shall negotiate a contract with the top firm selected.
If a satisfactory contract cannot be negotiated with the top firm,
negotiations with that firm shall be terminated with the approval
of the Selection Committee. Negotiations may then begin with the second
(2nd) firm. If an agreement cannot be reached with the second (2nd)
firm, negotiations with such firm may be terminated with the approval
of the Selection Committee. If an agreement cannot be reached with
the two (2) selected firms, the using department shall reevaluate
the professional services, including scope and fee requirements, and
proceed in accordance with this Article.
4.
General procedures and responsibilities for Class B projects. For projects where fees will be seven thousand five hundred dollars
($7,500.00) or less, the using department will solicit a minimum of
three (3) written proposals by mail or telephone, when possible. After
reviewing the detailed proposals, the using department shall make
a recommendation to the City Administrator for approval or rejection
of the proposal.
5.
Prohibition against contingent fees.
a.
Each contract entered into by the Board of Aldermen for professional
services shall contain a prohibition against contingent fees as follows:
"The architect, engineer, or land surveyor (as applicable) warrants
that he/she has not employed or retained any company or person, other
than a bona fide employee working solely for the architect, engineer,
or land surveyor, to solicit or secure any person, company, corporation,
individual, or firm other than a bona fide employee working solely
for the architect, engineer, or land surveyor, any fees, commission,
percentage, gift, or any other consideration, contingent upon or resulting
from the aware or making of this agreement."
b.
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.
6.
Exceptions.
a.
When, in the opinion of the City Administrator, the nature of the
professional service is so specialized that there is one (1) supplier
of the professional service that can best meet the City's needs, the
City Administrator may select or recommend the selection of such firm.
Any exception shall be promptly reported to the Board of Aldermen
with an explanation of the reasons therefore.
b.
The Board of Aldermen in its sole and absolute discretion may waive
any and all aforementioned procedural requirements.
