[CC 1975 §25.010; Ord. No. 91-2 §25.010, 1-8-1991; Ord. No. 04-50 §4, 8-3-2004]
The Mayor, City Administrator and department heads are hereby
designated as purchasing agents for the City. The Mayor, City Administrator
and department heads, when authorized, shall procure the City bids
for supplies and services needed by the City, in accordance with the
procedures prescribed by this Chapter. All purchases shall be made
in accordance with the City budget approved by the Board of Aldermen.
[CC 1975 §25.020; Ord. No. 91-2 §25.020, 1-8-1991; Ord. No. 09-09 §1, 2-17-2009]
A.
In
addition to the purchasing authority conferred in the preceding Section
and in addition to any other powers and duties conferred by this Chapter,
the Mayor, City Administrator and Department Heads shall:
1.
Act to procure for the City the highest quality supplies and services
at the least expense to the City.
2.
Endeavor to obtain as full and open competition possible in all purchases
and sales.
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.
Explore the possibilities of buying "in bulk" so as to take full
advantage of discounts.
5.
Act so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
A.
No
member of the Board of Aldermen shall:
1.
Perform any service for the City or any agency of the City for any
consideration other than the compensation provided for the performance
of his/her official duties; or
2.
Sell, rent or lease any property to the City or any agency of the
City for consideration in excess of five hundred dollars ($500.00)
per annum unless the transaction is made pursuant to an award on a
contract let or a sale made after public notice and in the case of
property other than real property, competitive bidding, provided that
the bid or offer accepted is the lowest received; or
3.
Attempt, for any compensation other than the compensation provided
for the performance of his/her official duties, to influence the decision
of any agency of the City on any matter; except that, this provision
shall not be construed to prohibit such person from participating
for compensation in any adversary proceeding or in the preparation
or filing of any public document or conference thereon.
B.
No
sole proprietorship, partnership, joint venture, or corporation in
which any member of the Board is the sole proprietor, a partner having
more than a ten percent (10%) partnership interest, or a co-participant
or owner of in excess of ten percent (10%) of the outstanding shares
of any class of stock, shall:
1.
Perform any service for the City or any agency of the City for any
consideration in excess of five hundred dollars ($500.00) per annum
unless the transaction is made pursuant to an award on a contract
let after public notice and competitive bidding, provided that the
bid or offer accepted is the lowest received;
2.
Sell, rent or lease any property to the City or any agency of the
City where the consideration is in excess of five hundred dollars
($500.00) per annum unless the transaction is made pursuant to an
award on a contract let or a sale made after public notice and in
the case of property other than real property, competitive bidding,
provided that the bid or offer accepted is the lowest received.
[CC 1975 §25.040; Ord. No. 91-2 §25.040, 1-8-1991]
No officer or employee of an agency shall enter into any private
business transaction with any person or entity that has a matter pending
or to be pending upon which said officer or employee is or will be
called upon to render a decision or pass judgment. If any officer
or employee is already engaged in the business transaction at the
time that matter arises, he/she shall be disqualified from rendering
any decision or passing any judgment upon the same.
[CC 1975 §25.050; Ord. No. 91-2 §25.050, 1-8-1991]
Every officer and 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, anything of value whatsoever,
except where given for the use and benefit of the City.
[CC 1975 §25.060; Ord. No. 91-2 §25.060, 1-8-1991; Ord. No. 09-09 §2, 2-17-2009]
All supplies and equipment, except as otherwise provided in
this Chapter, where the estimated cost thereof shall be one dollar
($1.00) and less than two thousand five hundred dollars ($2,500.00),
shall be purchased by approval of the Department Head from the low
responsible bidder; when the estimated cost shall be two thousand
five hundred dollars ($2,500.00) and less than five thousand dollars
($5,000.00), shall be purchased after receipt of three (3) verbal
proposals and approval of the Board of Aldermen; when the estimated
cost shall be five thousand dollars ($5,000.00) and less than seven
thousand five hundred dollars ($7,500.00), shall be purchased after
receipt of three (3) written proposals and approval of the City Administrator
and Mayor; when the estimated cost shall be seven thousand five hundred
dollars ($7,500.00) or more, shall be purchased after receipt of three
(3) written proposals, after due notice inviting proposals and approval
of the Board of Aldermen. Personal property and real property valued
at less than two thousand five hundred dollars ($2,500.00) may be
sold at the discretion of the Mayor. Property valued at two thousand
five hundred dollars ($2,500.00) or more, may be sold with the approval
of the Board of Aldermen.
[CC 1975 §25.070; Ord. No. 91-2 §25.070, 1-8-1991]
All purchases of goods or services shall be accomplished in
a non-discriminating manner in regards to race, color, national origin,
religious creed, age or sex.
[CC 1975 §25.080; Ord. No. 91-2 §25.080, 1-8-1991; Ord. No. 09-09 §3, 2-17-2009]
A.
The notice required by Section 140.060 shall consist of the following:
1.
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 specifications may be secured,
and the time and place for opening bids.
[CC 1975 §25.090; Ord. No. 91-2 §25.090, 1-8-1991]
Bids shall be submitted sealed to the City Clerk and shall be
identified as bids on the envelope. They shall be opened in public
at the time and place stated in the public notices. A tabulation of
all bids received will be posted for public inspection.
[CC 1975 §25.100; Ord. No. 91-2 §25.100, 1-8-1991]
A.
Contracts
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:
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 the 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 bid.
[CC 1975 §25.110; Ord. No. 91-2 §25.110, 1-8-1991]
All bids shall be accepted or rejected by the Board of Aldermen.
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 minutes of the Board.
[CC 1975 §25.120; Ord. No. 91-2 §25.120, 1-8-1991]
If all bids received or the lowest bid received are for the
same total amount or unit price, quality and service being equal,
the contract shall be awarded by the Board of Aldermen, at their discretion.
[CC 1975 §25.130; Ord. No. 91-2 §25.130, 1-8-1991]
A.
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 in accordance with the standard set forth in this Chapter.
B.
The
Mayor shall keep a record of all bids submitted in competition, and
such records shall be open for public inspection.
[CC 1975 §25.140; Ord. No. 91-2 §25.140, 1-8-1991]
In case of an apparent emergency which requires immediate purchase
of supplies or contractual services, the Mayor may authorize the purchase
at the lowest obtainable price, of any supplies or contractual services
regardless of the amount of expenditure. A full explanation of the
circumstances of an emergency purchase shall be recorded in the journal
of the Board of Aldermen.
[CC 1975 §25.150; Ord. No. 91-2 §25.150, 1-8-1991]
"Contractual services" shall mean and include
all telephone, gas, water, electric light and power service; towel
and cleaning service; insurance; leases for all grounds, buildings,
office or other space required by the using agencies and the rental,
repair or maintenance of equipment, machinery and other City-owned
personal property. The term shall not include professional and other
contractual services which are in their nature unique and not subject
to competition.
[CC 1975 §25.160; Ord. No. 91-2 §25.160, 1-8-1991]
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 provisions of this Chapter requiring competitive
bidding on the local level shall not apply to such purchases.
[CC 1975 §25.200; Ord. No. 91-2 §25.200, 1-8-1991]
For the purposes of this Article the following terms shall be
deemed to have the meanings indicated below:
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.
Those services within the scope of practice of: architecture,
engineering, land surveying, as defined by the laws of the State of
Missouri; planning consultants, insurance consultants, computer consultants,
accountants, and other persons/firms providing consulting services.
[CC 1975 §25.210; Ord. No. 91-2 §25.210, 1-8-1991]
A.
The
City Clerk 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 or at the request of the Mayor or members of the
Board of Aldermen.
B.
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.
C.
Each
firm listed on the roster shall be responsible for maintaining with
the City Clerk a current resume describing its qualification and experience.
Data which should be included is as follows:
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.
[CC 1975 §25.220; Ord. No. 91-2 §25.220, 1-8-1991]
A.
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 Board
of Aldermen, 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 Board of Aldermen for their approval. Advertising
for this class of project is required only in specific 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 Board of Aldermen may direct Class A projects to the staff for
the selection process if the Board of Aldermen feels the type of project
does not warrant Board participation until actual selection is being
considered. This delegation shall be made by motion of the Board of
Aldermen. The Board of Aldermen may also direct that representatives
of the Board of Aldermen be included during the selection process
for Class B projects if they feel there is a need for such inclusion.
[CC 1975 §25.230; Ord. No. 91-2 §25.230, 1-8-1991]
A.
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:
B.
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.
C.
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:
1.
Specialized experience in the type of work required.
2.
Record of the firm in accomplishing work on other projects in the
required time.
3.
Quality of work previously performed by the firm for the City.
4.
Recent experience showing accuracy of cost estimates.
5.
Community relations including evidence of sensitivity to citizen
concerns.
6.
Geographic location of the office of the firm which would serve the
project.
7.
Qualifications and experience of key personnel.
8.
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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D.
Detailed Proposals. Firms submitting detailed proposals
will be asked to provide the following:
1.
A resume of the firm principal who will be responsible for the project.
2.
A resume of the proposed project supervisor.
3.
Resumes of key project personnel.
4.
A statement of the ability of the firm to meet the required time
schedules.
5.
A description of how the project would be conducted.
6.
A schedule of hourly rates for various services offered and a proposed
project fee range.
7.
A list of municipal references for similar types of projects.
8.
Any other pertinent information the firm wishes to present.
E.
Interview And Selection. Upon receipt of the detailed proposal,
the Selection and Screening Committee will be convened to review selections
as to the firm for the project. The primary factors to be rated in
the final screening are:
1.
Management capabilities.
2.
Technical capabilities.
3.
Approach to the project.
4.
Understanding of City's objectives.
5.
Proposed work schedule.
6.
Staff to be assigned.
7.
Fee and/or schedule of hourly rates.
8.
Knowledge of local situation.
9.
Ability to communicate.
10.
Presentation and attitude.
11.
Confidence factor.
F.
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 Board of Aldermen 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.
G.
Exceptions.
1.
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 Board of Aldermen to allow
them the opportunity to deny the exception.
2.
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 may go directly to detailed proposals.
[CC 1975 §25.240; Ord. No. 91-2 §25.240, 1-8-1991]
A.
This
amount will include 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:
[CC 1975 §25.250; Ord. No. 91-2 §25.250, 1-8-1991]
A.
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 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."
B.
For
the breach or violation of the foregoing provision, the Mayor and
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.
[CC 1975 §25.260; Ord. No. 91-2 §25.260, 1-8-1991]
A.
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 that 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 requiring 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 1975 §25.270; Ord. No. 91-2 §25.270, 1-8-1991]
The Mayor and Board of Aldermen may waive any and all aforementioned
procedural requirements in the best interests of the City.
