[CC 2000 §145.030; Ord. No. 1143 §§1 — 8, 9-28-1998]
A.
Except
as otherwise herein provided, no official (elected or appointed),
officer, agent or employee of the City of Pagedale shall have the
authority to purchase any goods, merchandise and services and/or to
contract for the same on behalf of the City.
B.
The
Mayor, City Clerk, Chief of Police, Housing and Sanitation Inspector
and Director of Public Works shall have the authority to make purchases
of goods, merchandise and services in an amount of less than one thousand
dollars ($1,000.00) for any single transaction or related series of
transactions. All such purchases shall receive prior written approval
and concurrence of the City Clerk who may at his/her election require
the prior solicitation and obtaining of comparative prices.
C.
Any
purchase of goods, merchandise or services for the same in an amount
of one thousand dollars ($1,000.00) or more but less than three thousand
dollars ($3,000.00) for any single transaction or related series of
transactions shall require the solicitation and obtaining of at least
three (3) comparable prices and the purchase or contracting shall
require the prior approval of the Mayor or the City Clerk.
D.
Any
purchase of goods, merchandise or services and/or the contracting
for the same in an amount of three thousand dollars ($3,000.00) or
more but less than twenty-five thousand dollars ($25,000.00) for any
single transaction or related series of transactions shall require
the solicitation and obtaining of at least three (3) sealed bids and
the purchase or contracting shall require the prior approval by the
Board of Alderpersons.
E.
Any
purchase of goods, merchandise or services and/or the contracting
of the same in any amount over twenty-five thousand dollars ($25,000.00)
or more for any single transaction or related series of transactions
shall require the advertising for sealed competitive bids. When it
is not practical to advertise for sealed bids (such as limited vendors)
or other reasons, it should be recorded as to reason for not advertising
and solicitation of sealed bids will suffice.
F.
Opening Of Sealed Bids. All sealed bids should be opened
at the same time, either in an open Board of Alderpersons meeting
or in the presence of the department supervisors soliciting the bids
and a minimum of one (1) person from another department.
G.
Emergency Purchases. The above requirements may be waived
in case of emergencies when necessary. The emergency should be recorded
and the invoice stamped "Emergency Purchase".
H.
Waiver Of Requirements. As to any particular transaction
or related series of transactions, the Board of Alderpersons may by
a two-thirds (⅔) majority of those members elected affirmatively
waive the requirements of this Section.
I.
Except as otherwise herein provided, no City official, officer, agent
and/or employee of the City of Pagedale shall be permitted to solicit
any good, service and/or contract on behalf of the City without obtaining
prior approval from a majority of the Board of Alderpersons for the
City of Pagedale, Missouri.
[Ord. No. 1637, 10-11-2018]
J.
Except as otherwise herein provided, other than bills to be paid,
no City official, officer, agent and/or employee of the City of Pagedale
shall be permitted to disburse any funds to any individual, corporation,
LLC, non-profit organization and/or entity without said individual
and/or entity first appearing before the Board of Alderpersons of
the City of Pagedale, Missouri, and obtaining approval from the majority
of the Board for said disbursal.
[Ord. No. 1637, 10-11-2018]
[Ord. No. 1549 §1, 12-11-2014]
A.
In addition to other requirements set forth in this Code, invitations
to bid and requests for proposals for construction materials or services
which may result in a contract for more than fifty thousand dollars
($50,000.00) shall include goals that twenty percent (20%) of all
commercially useful functions, as measured by percentage of the dollar
value of all work on the contract, be performed by minority business
enterprises and that five percent (5%) of all commercially useful
functions be performed by woman business enterprises; except, however,
that the City Clerk may waive or reduce these percentages for a particular
contract if the City Clerk determines, with concurrence of the City
Attorney and the appropriate departmental director, that it is in
the City's best interests due to limited competition or other
valid reason.
B.
The following contributions shall count toward the project goal:
portions of work undertaken as contractors, joint ventures, subcontractors,
and suppliers.
C.
BUSINESS or BUSINESS ENTERPRISE
CERTIFIED MBE OR WBE
COMMERCIALLY USEFUL FUNCTION
CONSTRUCTION SERVICES
SUBCONTRACTOR
SUPPLIER
As used herein, the following terms shall have the meanings indicated:
A sole proprietorship, corporation, limited liability company,
partnership, limited partnership, limited liability limited partnership,
joint-stock company, joint venture, professional association, or any
other legal entity operated for profit that is properly licensed or
registered, as applicable, owned and controlled by persons who are
citizens or lawful permanent residents of the United States, and otherwise
authorized to do business in the State of Missouri.
A business enterprise which is certified as a minority business
enterprise or a woman business enterprise by either:
A real and actual service that is a distinct and verifiable
element of the construction services based upon private sector trade
or industry standards. An MBE or WBE performs a commercially useful
function when it is responsible for executing the ordinary and necessary
work of the construction services and is carrying out its responsibilities
by actually performing, managing, and supervising the work involved.
Factors considered in determining whether the construction services
constitute a commercially useful function include but are not limited
to the amount of construction services subcontracted, industry practices,
whether the amount the MBE or WBE is to be paid under the contract
is commensurate with the construction services it is actually performing,
whether the MBE or WBE has the skill and expertise to perform the
construction services for which it is being utilized, whether the
MBE or WBE is responsible, with respect to materials and supplies
used on the contract, for negotiating price, determining quality and
quantity, ordering, installing (where applicable), and paying for
the material and supplies itself, and credit claimed for its performance
of the construction services.
All services related to the construction phase of a project,
including professional services ancillary to construction, such as
but not limited to architectural, engineering, land surveying, testing,
and construction management services; except, however, that the provisions
of this section shall not apply to contracts to be paid in whole or
part with funds from the United States Government or the State of
Missouri to the extent that such provisions are inconsistent with
requirements, terms, or conditions imposed by those governments, or
to highway projects as to which Disadvantaged Business Enterprise
goals are applicable.
A business enterprise that directly contracts with a contractor
or another subcontractor to perform construction services on a City
contract.
A business enterprise that directly contracts with a contractor
or subcontractor to provide materials, supplies, or equipment for
a City contract and is a regular dealer, manufacturer, manufacturer's
representative, or broker.
D.
The bid or proposal specifications for each construction project
shall require that all bidders or proposers seeking to contract with
the City address the project goals either by committing to compliance
in ability therewith or by demonstrating to do so despite specific
and identified good faith efforts. Good faith efforts must be demonstrated
to be meaningful and not merely formalistic. The scope and intensity
of the efforts will be considered in determining whether the bidder
or proposer has achieved a good faith effort.
E.
If the bidder or proposer is an MBE or WBE, the value of the commercially
useful function to be self-performed by the MBE or WBE shall count
toward satisfaction of the project goal. The bidder or proposer shall
count toward satisfaction of the project goal only that portion of
each MBE or WBE subcontractor's work which is self-performed
by that subcontractor.
F.
The City Clerk shall review all bids or proposals for compliance
with the requirements of this Section. If the City Clerk determines
that a bid or proposal meets the project goals or has shown adequate
good faith efforts to achieve the goals, then the bid or proposal
shall be deemed responsive as to the requirements of this Section.
If the City Clerk determines that a bid or proposal does not meet
the project goals and that the bidder or proposer has failed to show
good faith efforts to achieve the goals, then the City Clerk shall
designate the bid or proposal as nonresponsive with the concurrence
of the City Attorney and no further consideration shall be given to
it. A full and complete statement of the reasons for designating the
bid or proposal as nonresponsive shall be filed with the other contract
documents.
G.
Any change orders that result in a net increase in compensation to the contractor shall be performed in compliance with the goals set forth in Subsection (A), unless the City Clerk determines that the contractor has shown adequate good faith efforts to achieve the goals in accordance with the procedure set forth in Subsection (F).
H.
The City Clerk shall receive and investigate complaints concerning
compliance with the requirements set forth herein and may further
initiate his or her own investigations concerning compliance, either
during the project or after completion. Business enterprises being
investigated shall cooperate fully with the investigation and shall
have a continuing burden of providing complete, truthful information
to the City Clerk's designee.
I.
If a contractor is found to be in violation of the provisions of
this Section or any representations in the contractor's bid or
proposal, the City may suspend or terminate the contract and will
reserve all of its rights at law or equity or pursue any available
remedies against the contractor. Failure to meet the goal or to demonstrate
good faith efforts to meet the goal may subject the contractor to
liquidated damages and will be considered in determining the qualifications
of the contractor as to future bids and/or proposals.
