[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.
[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]
[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.
[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]
[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.
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:
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 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.
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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 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:
[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.
