[Ord. No. 1553 §1, 3-16-2011]
As used in this Article, the following terms shall have these
prescribed meanings:
The process of selecting a contractor by the competitive
methods described in this Article, whereby the commissioner of administration
can establish any and all terms and conditions of a procurement contract
by discussion with one (1) or more prospective contractors.
Includes the rental or leasing of any equipment, articles
or things.
The Mayor, Board of Aldermen, City Administrator or such
other person, office or position as may be so designated by the City
Administrator.
[Ord. No. 1553 §1, 3-16-2011]
The City Administrator is hereby empowered to prescribe and
maintain such forms and procedures as he/she finds necessary to accomplish
his/her function. The City Administrator and the Mayor are authorized
to reject any and all bids and waive any informalities or irregularities
in order to safeguard the public interest and to deal effectively
with conditions such as unsatisfactory bids and collusion.
[Ord. No. 1553 §1, 3-16-2011]
A.
No
individual has the authority to enter purchase agreements or contracts
on behalf of the City unless specifically authorized to do so.
B.
All
purchases or contracts for services of any kind or description, payment
for which is to be made from funds of the City, shall be in the following
manner:
1.
Purchases under one thousand five hundred dollars ($1,500.00).
a.
Purchases or contracts for services for the sum of one thousand five
hundred dollars ($1,500.00) or less may be made with the approval
of supervisory personnel without competitive bidding on each item,
and pursuant to procedures established by the City Administrator.
b.
Periodic telephone checks should be made to be certain the purchases
are secured from a local source at the lowest cost for the quality
needed.
2.
Purchases from one thousand five hundred dollars ($1,500.00)
to three thousand dollars ($3,000.00).
a.
Purchases or contracts for services for the sum of one thousand five
hundred dollars ($1,500.00) to three thousand dollars ($3,000.00)
may be made with the approval of supervisory personnel and after solicitation
of at least three (3) bids for the item or items or services for which
solicitation may be obtained orally. Bid award in this category may
be made with approval of supervisory personnel only if it is a budgeted
item. If not a budgeted item, bid award shall be made by the Board
of Aldermen at a regular or special meeting of the Board of Aldermen
along with the expenditure authorization.
b.
The execution of the bid requirement should be documented and submitted
to the City Treasurer.
c.
The purchase or contract for services may then be awarded to the
lowest responsible bidder who submits a responsive bid which is most
advantageous to the City. If the recommended bid is not the lowest,
a detailed explanation should be provided. The City shall retain the
right to reject any and all bids.
3.
Purchases from three thousand dollars one cent ($3,000.01)
to ten thousand dollars ($10,000.00).
a.
Purchases or contracts for services for the sum of three thousand
dollars one cent ($3,000.01) to ten thousand dollars ($10,000.00)
may be secured only after solicitation of at least three (3) written
bids for the item or items or services.
b.
When seeking such written bids, all bids must be tabulated in detail
and forwarded to the Mayor or the City Administrator.
c.
The purchase or contract of services shall be awarded to the lowest
responsible bidder. If the recommended bid is not the lowest, a detailed
explanation must accompany the bid's submission to the Mayor or the
City Administrator. The City shall retain the right to reject any
and all bids.
d.
Bid award in this category may be made by the Mayor or the City Administrator
if it is a budgeted item. If not a budgeted item, bid award shall
be made by the Board of Aldermen at a regular or special meeting of
the Board of Aldermen along with the expenditure authorization.
4.
Purchases over ten thousand dollars ($10,000.00).
a.
Purchases or contracts for services for a sum in excess of ten thousand
dollars ($10,000.00), shall be secured only after advertising for
bids by either:
(1)
Advertising in at least one (1) issue of a newspaper of general
circulation in the City;
(2)
Advertising in at least one (1) electronic medium available
to the general public; or
(3)
Such other methods of advertisement as may be adopted by the
City Administrator, including, but not necessarily limited to, trade
magazines, when such other methods are deemed more advantageous.
b.
The responsibility for the advertising of bids will be that of the
City Administrator. It will be the responsibility of supervisory personnel
in each department of the City to provide the City Administrator with
any specifications or advertisement notices to be used in this bidding
process. Said notices shall be published at least ten (10) days prior
to date set for the receipt of the bids. The notice herein required
shall include a general description of the articles to be purchased
or services performed and the time and place for opening bids.
c.
The City Administrator shall be given sufficient notice by the supervisory
personnel in order that deadlines for the purchase of any items or
services by bid may be met.
d.
In addition advertising for bid, the City Administrator may authorize
mailing to suppliers of the items to be purchased or services performed,
a copy of the notice inserted in the newspaper as hereinbefore required.
e.
Award of items in this category will be made by the Board of Aldermen
based upon recommendation by City staff. Award shall typically go
to the lowest responsible bidder unless otherwise specified by State
or Federal law. The City shall retain the right to reject any and
all bids.
[Ord. No. 1553 §1, 3-16-2011]
[Ord. No. 1553 §1, 3-16-2011]
A.
Notwithstanding the provision of Section 130.145 of this Article, purchase of items or services pursuant to this Article may be made which are not in conformity with Section 130.145 under the following circumstances:
1.
Single-source purchases. In the event there is only
one (1) acceptable vendor capable of furnishing a particular service
or commodity, the City Administrator may authorize the procurement
of such service or commodity without bidding. The particular facts
which make the item a single-source purchase shall be documented and
submitted to the City Administrator who must approve the purchase.
2.
Emergency purchases. Where an emergency situation
requires immediate purchase of supplies or services and time is of
the essence, the City Administrator shall be authorized to procure
the supplies or services needed without bidding. The City Administrator
shall maintain a written record of the circumstances surrounding emergency
purchases.
3.
Situations calling for competitive negotiations. Where it can be demonstrated that the City receives the best value
on a purchase through informal discussion and bargaining rather than
through the conventional bidding process, the City Administrator may
waive the requirements of the conventional bidding process. Such purchases
shall be documented and submitted to the City Administrator. Such
purchases must be approved by the City Administrator or the Mayor.
Examples would include, but not be limited to, circumstances when
time is a crucial factor, when the procurement involves high technology
items, or when there is obvious inherent economy in purchasing from
a particular vendor.
4.
Cooperative purchasing. Established purchasing procedures
should not apply to purchases made by, through, or with the Division
of Procurement of the State of Missouri or any other governmental
agency or unit with whom the City is permitted to engage in cooperative
purchasing.
[Ord. No. 1553 §1, 3-16-2011]
Blanket purchase orders may be authorized by the Mayor or City
Administrator to facilitate purchasing items on credit from businesses.
[Ord. No. 1553 §1, 3-16-2011]
The City Administrator is hereby authorized to promulgate rules
and regulations to carry out the purposes of this Article.
[Ord. No. 1553 §1, 3-16-2011]
Nothing contained in this Article shall be construed to govern
the purchase or acquisition of real estate, rights-of-way, easement,
licenses, or any other interest of land.
[Ord. No. 1553 §1, 3-16-2011]
A.
FIRM
PROFESSIONAL SERVICES
Definitions. The following words and/or phrases shall have
the following meanings as set out herein:
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, or those performed by any architect,
professional engineer, or registered land surveyor in connection with
this profession, employment or practice. The term "professional
services" may also encompass the services provided by planning
consultants, accountants, other person or firms providing consulting
services; and attorneys at law, providing legal services to the City,
City Officials and City employees, both temporary and permanent.
B.
Present
provisions of law notwithstanding, in the procurement of professional
services, the City Administrator shall encourage firms engaged in
the lawful practice of their professions to annually submit a statement
of qualifications and performance data to the City. Whenever a project
professional services is proposed for the City, the City shall evaluate
current statements of qualifications and performance data of firms
on file together with those that may be submitted by other firms regarding
the proposed project. In evaluating the qualifications of each firm
the City shall use the following criteria:
1.
The specialized experience and technical competence of the firm with
respect to the type of services required;
2.
The capacity and capability of the firm to perform the work in question,
including specialized services, within the time limitations fixed
for the completion of the project;
3.
The past record of performance of the firm with respect to such factors
as control of costs, quality of work, and ability to meet schedules;
4.
The firm's proximity to and familiarity with the area in which the
project is located.
C.
General Procedures And Responsibilities.
1.
Project initiation. When a department of the City
identifies a project for which professional services will be necessary,
the department will draft a request for proposal, including specifications
required to satisfactorily complete the project. The City Administrator
shall have the final authority to approve initiation of the project.
2.
Selection and negotiation. The department head shall
list and rank at least three (3) highly qualified firms, and submit
said list in writing to the City Administrator. The City Administrator
and the department head shall select the firm considered best qualified
and capable of performing the desired work and negotiate a contract
for the project with the firm selected.
3.
Scope of services. For a basis for negotiations
the department head shall prepare a written description of the scope
of the proposed services.
4.
Continued negotiations. If the City is unable to
negotiate a satisfactory contract with the firm selected, negotiations
with that firm shall be terminated. The City shall then undertake
negotiations with the next most qualified firm identified. If there
is a failing of accord with the second (2nd) firm, negotiations with
such firm shall be terminated. The City shall then undertake negotiations
with the third (3rd) qualified firm.
5.
If the City is unable to negotiate a contract with any of the selected
firms, the City shall re-evaluate the necessary professional services,
including the scope and reasonable fee requirements, again compile
a list of qualified firms and proceed in accordance with the provisions
of this Section.
The provisions of Section 34.073, RSMo., which requires that
preference be given to Missouri corporations, shall be complied with
when selecting a firm.
6.
Exceptions. In view of the fact that special conditions
will occasionally arise that make use of this policy impractical,
there can be exceptions made by the City Administrator. Special conditions
may include, but shall not be limited to, emergency situations which
preclude the time frame required in this policy, or an extremely specialized
need in which there is only one (1) feasible source of expertise.
Said exceptions shall be documented by the City Administrator and
approved by the Mayor, in writing.
D.
Compensation Or Fee. This amount 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:
E.
Waiver. The Mayor and the Board of Aldermen may waive any
and all of the aforementioned procedural requirements of this Section
if such waiver is determined to be in the best interest of the City.
