[CC 1984 §25.010]
A. 
The City Clerk is hereby designated as Purchasing Agent for the City. He/she, when authorized, shall procure for the City bids for supplies and services needed by the City, in accordance with the procedures prescribed by this Chapter or required by law.
B. 
Except as provided in this Chapter, it shall be unlawful for any City Officer or employee to order the purchase of any supplies or make any contract within the purview of this Chapter other than through the Purchasing Agent, and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by City Officials, and the City shall not be bound thereby.
[CC 1984 §25.020]
A. 
In addition to the purchasing authority conferred in the preceding Section, and in addition to any other powers and duties conferred by this Code or other ordinance, the Purchasing Agent shall:
1. 
Act to procure for the City the highest quality in supplies and contractual services at the least expense to the City.
2. 
Discourage uniform bidding and endeavor to obtain as full and open competition as possible on 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. 
Exploit 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.
6. 
Have the authority to declare vendors who default on their quotations irresponsible bidders and to disqualify them from receiving any business from the municipality for a stated period of time.
[CC 1984 §25.030; Ord. No. 130.030, 8-10-2015; Ord. No. 130.030, 6-13-2016; Ord. No. 130.030, 8-14-2017; Ord. No. 130.030, 6-11-2018; Ord. No. 130.030, 8-12-2019; Ord. No. 130.030, 6-22-2020; Ord. No. 130.030, 7-12-2021]
A. 
Declaration Of Policy. The proper operation of government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the City.
B. 
Conflicts Of Interest.
1. 
All elected and appointed officials as well as employees of a political subdivision must comply with Section 105.434, RSMo., on conflicts of interest as well as any other State law governing official conduct.
2. 
Any member of the governing body of a political subdivision who has a substantial or private interest in any measure, bill, order or ordinance proposed or pending before such Governing Body must disclose that interest to the Secretary or Clerk of such body, and such disclosure shall be recorded in the appropriate journal of the Governing Body. "Substantial or private interest" is defined as ownership by the individual, his/her spouse, or his/her dependent children, whether singularly or collectively, directly or indirectly of:
a. 
Ten percent (10%) or more of any business entity; or
b. 
An interest having a value of ten thousand dollars ($10,000) or more; or
c. 
The receipt of a salary, gratuity, or other compensation or remuneration of five thousand dollars ($5,000) or more, per year from any individual, partnership, organization, or association within any calendar year.
C. 
Disclosure Reports. Each elected official, candidate for elective office, the Chief Administrative Officer, the Chief Purchasing Officer, and the full-time general counsel shall disclose the following information by May 1, or the appropriate deadline as referenced in Section 105.487, RSMo., if any such transactions occurred during the previous calendar year:
1. 
For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision.
2. 
The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial interest had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision.
3. 
The Chief Administrative Officer, Chief Purchasing Officer, and candidates for either of these positions also shall disclose by May 1, or the appropriate deadline as referenced in Section 105.487, RSMo., the following information for the previous calendar year:
a. 
The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement.
b. 
The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he/she was a partner or participant; the name and address of each partner or coparticipant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the Secretary of State; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten percent (10%) or more of any class of the outstanding stock or limited partnership units, and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two percent (2%) or more of any class of outstanding stock, limited partnership units or other equity interests.
c. 
The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.
D. 
Filing Of Reports.
1. 
The financial interest statements shall be filed at the following times, but no person is required to file more than one (1) financial interest statement in any calendar year:
a. 
Every person required to file a financial interest statement shall file the statement annually not later than May 1, and the statement shall cover the calendar year ending immediately preceding December 31; provided, that any member of the Board of Aldermen may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement.
b. 
Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment covering the calendar year ending the previous December 31.
c. 
Every candidate required to file a personal financial disclosure statement shall file no later than fourteen (14) days after the close of filing at which the candidate seeks nomination or election or nomination by caucus. The time period of this statement shall cover the twelve (12) months prior to the closing date of filing for candidacy.
2. 
Financial disclosure reports giving the financial information required in Subsection (C) shall be filed with the local political subdivision and with the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.
[CC 1984 §25.040]
No officer or employee of this City shall enter into any private business transaction with any person or entity that has a matter pending or to be pending upon which the 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 a matter arises, he/she shall be disqualified from rendering any decision or passing any judgment upon the same.
[CC 1984 §25.050]
Any person who violates the provisions of Section 130.030 or Section 130.040 shall, upon conviction thereof, be punished as provided in Chapter 100, Article IV of this Code.
[CC 1984 §25.060]
The City Clerk and every other officer and employee of the City are 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 or anything of value whatsoever, except where given for the use and benefit of the City. Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Chapter 100, Article IV of this Code.
[CC 1984 §25.070]
All purchases of and contracts for supplies and contractual services, and all sales of personal property which has become obsolete and unusable shall, except as specifically provided herein, be based wherever possible on competitive bids.
[CC 1984 §25.080]
All supplies and contractual services, except as otherwise provided in this Chapter, when the estimated cost thereof shall exceed three thousand dollars ($3,000.00), shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals; provided however, that the formal market procedures shall be used in the procurement of fuel for City vehicles and for insurance without regard to the dollar amount of the purchase. All sales of personal property which have become obsolete and unusable, when the estimated value shall exceed three thousand dollars ($3,000.00) shall be sold by formal written contract to the highest responsible bidder, after due notice inviting proposals.
[CC 1984 §25.090]
A. 
The notice required by the preceding Section 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 bid blanks and specifications may be secured, and the time and place for opening bids.
2. 
The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a "Bidders' List" which the Clerk shall maintain by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
3. 
The Purchasing Agent shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the City Hall.
4. 
The Purchasing Agent shall also solicit sealed bids by:
a. 
Direct mail request to prospective vendors, and
b. 
By telephone,
as may seem to him/her to be in the best interest of the City.
[CC 1984 §25.100]
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 shall be posted for public inspection.
[CC 1984 §25.110]
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 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.
[CC 1984 §25.120]
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 journal of the Board.
[CC 1984 §25.130]
A. 
If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.
B. 
Where there is no local low bidder, the award shall be made on the basis of a drawing of lots, to be held in public.
[CC 1984 §25.140]
A. 
All purchases of supplies and contractual services, and all sales of personal property which has become obsolete and unusable for which competitive bidding is not required by Section 130.080 of this Code shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 130.100 for the award of formal contracts; provided however, that the formal market procedures shall be used in the procurement of fuel for City vehicles and for insurance without regard to the dollar amount of the purchase.
1. 
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 standards set forth in Section 130.110.
2. 
The City shall solicit bids by:
a. 
Direct mail request to prospective vendors,
b. 
By telephone, and
c. 
By public notice posted on the bulletin board of the City Hall.
3. 
The City Clerk shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall be open to public inspection.
[CC 1984 §25.150]
In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Board of Aldermen may authorize the purchase at the lowest obtainable price, and any supplies or contractual services regardless of the amount of the expenditure. A full explanation of the circumstances of an emergency purchase shall be recorded in the journal of the Board of Aldermen.
[CC 1984 §25.160]
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 at the local level shall not apply to such purchases.
[CC 1984 §25.500]
As used in this Chapter, the following terms shall have these prescribed meanings:
FIRM
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.
PROFESSIONAL SERVICES
Those services within the scope of practice of architecture, engineering or land surveying, as defined by the laws of the State of Missouri, or those performed by any architect, professional engineer, or registered land surveyor in connection with this professional employment or practice. Furthermore, the term "professional services" shall encompass the services provided by planning consultants, insurance consultants, computer consultants, accountants, and other persons/firms providing consulting services.
[CC 1984 §25.510]
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:
1. 
A description of the work required 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 City department involved;
4. 
Required time frame;
5. 
Financial conditions or limitations; and
6. 
Grant programs involved.
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.
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.
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 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 proposals, the selection and screening committee will be convened to review the proposals, interview the prospective firms, and make the final selection as to the firm for the project. Written interview and selection criteria utilizing a point system shall be established prior to receiving detailed proposals on a project. A copy of the system shall be placed on file with the City Clerk. Similar systems for rating shall be used on similar projects and will be standardized where possible. The prime 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 will go directly to detailed proposals.
[CC 1984 §25.520]
A. 
Any compensation or fee will include all 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:
1. 
Lump sum or fixed fee,
2. 
Cost per unit, or
3. 
Hourly basis with total not to exceed a fixed amount.
[CC 1984 §25.530]
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 1984 §25.540]
The procedures described herein shall be used in all projects requiring outside professional services.
[CC 1984 §25.550]
The Mayor and Board of Aldermen may waive any and all aforementioned procedural requirements in the best interests of the City.