[R.O. 1998 § 135.010; CC 1988 §2-261; Ord. No. 829 §1, 2-7-1977; Ord. No. 948 §1, 10-6-1980; Ord. No. 1039 §1, 9-6-1983; Ord. No. 1737 §1, 1-3-1994; Ord. No. 2107 §1, 11-1-1999; Ord. No. 2187 §1, 4-2-2001]
The procedure set forth in this Article shall be applicable to all City expenditures of three thousand dollars ($3,000.00) or more for the purchase of goods and/or services, unless two-thirds (2/3) of the members of the Board of Aldermen, present and voting at a meeting of the Board, vote to exempt a particular purchase of goods and/or services from the provisions of this Article.
[R.O. 1998 § 135.020; CC 1988 §2-262; Ord. No. 829 §2, 2-7-1977]
A. 
All notices inviting bids shall be public, and shall be published in one (1) issue of a newspaper of general circulation in the City. Such notice shall be published at least fourteen (14) days prior to the date set for the receipt of the bids. The notice shall include a general description of the articles to be purchased or services performed and the time and place for opening bids.
B. 
In addition, notices shall be mailed to all responsible, prospective suppliers of the items to be purchased or services performed. A minimum of three (3) bids shall be necessary before a bid can be approved or awarded, unless two-thirds (2/3) of the members of the Board of Aldermen, present and voting at the meeting wherein less than three (3) bids were received, vote to accept one (1) of the bids received.
[R.O. 1998 § 135.040; CC 1988 §2-264; Ord. No. 829 §4, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
Bids shall be sealed in a special bid envelope as provided by the City, with the specifications. Bids will be accepted at the office of the City Clerk up to the date specified for receipt of bids in the bid notice. The date and time of receipt of a bid shall be noted on the bid envelope. No bids shall be accepted after the date and time for receipt of bids, as provided in the bid notice.
[R.O. 1998 § 135.050; CC 1988 §2-265; Ord. No. 829 §5, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
The City Clerk or his/her representative shall open the bids immediately following the deadline for receipt of bids and shall prepare a log of all bids received, which shall contain the name of the bidder, the date and time the bid was received and the amount of such bid. A copy of such log shall be provided to the Mayor, the members of the Board of Aldermen and the appropriate department head. A copy of the log shall be entered as part of the minutes of the meeting of the Board of Aldermen at which the bids are considered.
[R.O. 1998 § 135.060; CC 1988 §2-267; Ord. No. 829 §7, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
Each bid proposal for any improvement or construction work shall be accompanied by a bid bond in an amount of not less than five percent (5%) of the total bid price.
[R.O. 1998 § 135.070; CC 1988 §2-268; Ord. No. 829 §8, 2-7-1977; Ord. No. 1769 §1, 8-1-1994; Ord. No. 2009 §1, 3-2-1998]
A. 
The Board of Aldermen shall award a contract on the basis of its determination as to the lowest and best bid. Such determination shall be based upon the following standards:
1. 
The bid price;
2. 
The financial strength of the bidder;
3. 
The bidder's experience, its background in the performance of the type of work or services called for and the length of time required by the bidder to perform the work;
4. 
The record of performance of other work by the bidder;
5. 
Engineering considerations, where pertinent; and
6. 
Such other considerations as deemed relevant to the determination of the best interests of the City.
[R.O. 1998 § 135.080; CC 1988 §2-269; Ord. No. 829 §9, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
All contracts shall be awarded for a complete article and for all labor and material to complete the services or supply the article called for in the specifications. Separate labor and material contracts shall be let only if specified in the notice to bidders and separate bids are received and awarded by the Board of Aldermen.
[R.O. 1998 § 135.090; CC 1988 §2-270; Ord. No. 829 §10, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
The City reserves the right to reject any and all bids or to accept the one that, in the judgment of the Board of Aldermen, will be to the best interest of the City.
[R.O. 1998 § 135.100; CC 1988 §2-271; Ord. No. 829 §11, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
In case of an emergency which requires immediate purchases of supplies or services and when time is of the essence, the Mayor shall be empowered to authorize or secure the supplies or services needed without complying with the procedures as set forth in this Article. A full report, in writing, of the circumstances of an emergency purchase shall be filed by the Mayor with the Board of Aldermen.
[R.O. 1998 § 135.110; CC 1988 §2-272; Ord. No. 829 §12, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
The requirements in this Article shall not be required in the employment of professional services. Professional services shall include the following, but not as all inclusive: physicians, attorneys, engineers and certified public accountants.
[R.O. 1998 § 135.120; Ord. No. 2592 §§1 — 2, 4-9-2009]
A. 
Definitions. For the purpose of this Section, the following terms shall be deemed to have the meanings indicated below:
BUSINESS ENTITY
Any person or group of persons performing or engaging in any activity, enterprise, profession or occupation for gain, benefit, advantage or livelihood. The term "business entity" shall include, but not be limited to, self-employed individuals, partnerships, corporations, contractors and subcontractors. The term "business entity" shall include any business entity that possesses a business permit, license or tax certificate issued by the State, any business entity that is exempt by law from obtaining such a business permit and any business entity that is operating unlawfully without such a business permit. The term "business entity" shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in Subdivision (17) of Subsection (12) of Section 288.034, RSMo.
CONSTRUCTION
Construction, reconstruction, demolition, painting and decorating or major repair.
CONTRACTOR
A person, employer or business entity that enters into an agreement to perform any service or work or to provide a certain product in exchange for valuable consideration. This definition shall include, but not be limited to, a general contractor, subcontractor, independent contractor, contract employee, project manager or a recruiting or staffing entity.
DEPARTMENT
The Missouri Department of Labor and Industrial Relations.
EMPLOYEE
Any person performing work or service of any kind or character for hire within the State of Missouri.
EMPLOYER
Any person or entity employing any person for hire within the state of Missouri, including a public employer. Where there are two (2) or more putative employers, any person or entity taking a business tax deduction for the employee in question shall be considered an employer of that person for purposes of this Section.
EMPLOYMENT
The act of employing or state of being employed, engaged or hired to perform work or service of any kind or character within the State of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM
Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent Federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603.
KNOWINGLY
A person acts knowingly or with knowledge:
1. 
With respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or
2. 
With respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result.
LABORERS FROM NON-RESTRICTIVE STATES
Persons who are residents of a State which has not enacted State laws restricting Missouri laborers from working on public works projects in that State, as determined by the Labor and Industrial Relations Commission.
MISSOURI LABORER
Any person who has resided in Missouri for at least thirty (30) days and intends to become or to remain a Missouri resident.
MUNICIPALITY
The City of St. Ann, Missouri.
PERIOD OF EXCESSIVE UNEMPLOYMENT
Any month immediately following two (2) consecutive calendar months during which the level of unemployment in the State has exceeded five percent (5%) as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures.
PERSON
Any natural person, joint venture, partnership, corporation or other business or legal entity.
PUBLIC EMPLOYER
Every department, agency or instrumentality of the State of Missouri or any political subdivision of the State of Missouri.
PUBLIC WORKS
All fixed works constructed for public use or benefit or paid for wholly or in part out of public funds.
UNAUTHORIZED ALIEN
An alien who does not have the legal right or authorization under Federal law to work in the United States, as defined in 8 U.S.C. § 1324a(h)(3).
WORK
Any job, task, employment, labor, personal services or any other activity for which compensation is provided, expected or due including, but not limited to, all activities conducted by business entities.
B. 
No business entity or employer may knowingly employ, hire for employment or continue to employ an unauthorized alien to perform work within the municipality.
C. 
Accordingly, if the amount to be paid pursuant to a contract or grant exceeds five thousand dollars ($5,000.00) by the municipality, the contracting or grant recipient, as a condition of the award of contract or grant, shall:
1. 
By sworn affidavit and provision of documentation, affirm its enrollment and participation in a Federal work authorization program with respect to the employees working in connection with the contracted services; and
2. 
Every such business entity shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services; and
3. 
The affidavits shall be approved as to form by the municipal attorney.
D. 
A general contractor or subcontractor of any tier shall not be liable under Subsection (B) of this Section when such general contractor or subcontractor contracts with its direct subcontractor who violates Subsection (C)(1) of this Section if:
1. 
The contract binding the contractor and subcontractor affirmatively states that the direct subcontractor is not knowingly in violation of Subsection (B) of this Section;
2. 
Shall not henceforth be in such violation; and
3. 
The contractor or subcontractor receives a sworn affidavit under penalty of perjury attesting that the direct subcontractor's employees are lawfully present in the United States.
E. 
Any person signing a contract to work on the construction of public works for the municipality shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees, which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program. All employees who have not previously completed the program are required to complete the program within sixty (60) days of beginning work on such construction project.
F. 
The contractor to whom the contract is awarded and any subcontractor under such contract shall require all on-site employees to complete the ten-hour training program required under Subsection (E) of this Section.
G. 
Any employee found on a work site without documentation of the successful completion of the course required under Subsection (E) of this Section shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project.
H. 
If documentation required under Subsection (E) has not been received within the requisite time periods set forth in Subsections (E) and (G), the contractor shall forfeit as a penalty to the municipality:
1. 
Two thousand five hundred dollars ($2,500.00) plus one hundred dollars ($100.00) for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, that such employee is employed without the required training.
2. 
The municipality shall withhold and retain therefrom, all sums and amounts due and owing as a result of any violation of this Section when making payments to the contractor under the contract.
I. 
In determining whether a violation of Subsection (E) has occurred and whether the penalty under Subsection (H) shall be imposed, the department shall investigate any claim of violation. Upon completing such investigation, the department shall notify the municipality and any party found to be in violation of this Section of its findings and whether a penalty shall be assessed. Determinations under this Section may be appealed in the Circuit Court of St. Louis County.
J. 
If the contractor or subcontractor fails to pay the penalty within forty-five (45) days following notification by the department, the department shall pursue an enforcement action to enforce the monetary penalty provisions of Subsection (H) of this Section against the contractor or subcontractor found to be in violation of this Section. If the court orders payment of the penalties as prescribed under Subsection (H) of this Section, the department shall be entitled to recover its actual cost of enforcement in addition to such penalty amount.