[Ord. No. 261, 11-1-2004]
As used in this Chapter, unless the context specifically requires
otherwise, the following terms shall have the meanings indicated:
Each agency of the state and each agency of a political subdivision
thereof authorized to contract for architectural, engineering and
land-surveying services.
Any service as defined in Section 327.091, RSMo.
Any service as defined in Section 327.181, RSMo.
Any individual, firm, partnership, cooperation, association
or other legal entity permitted by law to practice the profession
of architecture, engineering or land surveying and provide said services.
Any service as defined in Section 327.272, RSMo.
Any capital improvement project or any study, plan, survey
or program activity of a state agency or political subdivision thereof,
including development of new or existing programs.
[Ord. No. 261, 11-1-2004]
A.Â
In making purchases, the City, or any department or employee
thereof, shall give preference to all commodities manufactured, mined,
produced or grown within the State of Missouri and to all firms, corporations
or individuals doing business as Missouri firms, corporations or individuals,
when quality is equal or better and delivered price is the same or
less.
B.Â
In making purchases, the City, or any department or employee
thereof, shall give preference to all commodities manufactured, mined,
produced or grown within the City of Hallsville and to all firms,
corporations or individual whose place of business is located within
the City limits of Hallsville when quality is equal or better and
delivered price is not more than ten percent (10%) higher. To be considered
as having a place of business within the City limits, the firm, corporation
or individual must be able to demonstrate a substantial and continuing
business presence within the City.
[Ord. No. 261, 11-1-2004]
All requests for bids and proposals for supplies to be purchased
shall be made in general terms and by general specifications and not
by brand, trade name or other individual mark, provided such article
to be purchased can be definitely described without the designation
of such brand, trade name or other individual mark. All such requests
and bids shall contain therein a paragraph in easily legible print,
reading as follows: "By virtue of statutory authority, a preference
will be given to materials, products, supplies, provisions and all
other articles produced, manufactured, made or grown within the State
of Missouri, and additional preference shall be given to commodities
manufactured, mined, produced or grown within the City of Hallsville
and to all firms, corporations or individuals whose place of business
is located within the City limits of Hallsville.
[Ord. No. 261, 11-1-2004]
A.Â
The City Clerk will maintain a roster, classified by category
of profession service, of qualified firms interested in performing
professional services for the City. Names of firms will be placed
on the roster upon their request, at the request of the Mayor or member
of the Board of Aldermen, or when recommended by City departments.
B.Â
Each firm meeting the following minimum qualifications
shall be deemed to be a qualified firm and meeting the qualifications
of the City:
1.Â
Duly authorized to conduct business in the State
of Missouri in their particular profession.
2.Â
Professional registration by the State of Missouri,
if required.
3.Â
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.Â
Each firm listed on the roster shall be responsible for
maintaining a current resume describing its qualifications and experience
with the City Clerk. Data that should be included is as follows:
1.Â
Firm name, address, telephone numbers.
2.Â
Year established and former firm names (if applicable).
3.Â
Types of services for which it is qualified.
4.Â
Names of principals of the firm and states in
which they are registered, if registration is required in that profession.
5.Â
Names of key personnel, with experience of each
and length of time in the organization.
6.Â
Number of staff available for assignment.
7.Â
Outside consultants and associates usually retained.
8.Â
Current projects underway and estimated cost of
each.
9.Â
Bidding procedure for construction.
[Ord. No. 261, 11-1-2004]
A.Â
Competitive bids shall be required on all construction
contracts for which more than two thousand dollars ($2,000.00) has
been budgeted.
B.Â
Bids may be submitted at any time after the project has
been officially advertised or invitations extended and prior to the
hour designated for the opening of bids.
1.Â
Bids submitted may be withdrawn or changed at
any time before the official opening.
2.Â
No changes shall be permitted after bids have
been opened.
3.Â
Bids shall be submitted on the proposal/bid form
with all accompanying papers placed in a sealed envelope addressed
to the City Administrator or other person authorized to receive same
and endorsed with the bidder's name and title of the project.
4.Â
All bids will be opened by the City Administrator
or other person authorized to receive same and read aloud publicly
at the proper time so that all bidders and others interested may be
present as witnesses and/or to tabulate amounts.
C.Â
After the bids have been read, the City Administrator or
other person authorized to receive same shall prepare a compilation
of the bids to provide to the Board of Aldermen, who shall determine
to whom the bid is to be awarded. If the City has retained an engineer
or other consultant in connection with the contract, that individual
shall be consulted in preparing the compilation.
[Ord. No. 261, 11-1-2004]
A.Â
Policy On Contracts For Architectural, Engineering,
Land Surveying Services. It shall be the policy of the City
of Hallsville to negotiate contracts for architectural, engineering,
and land-surveying services on the basis of demonstrated competence
and qualifications for the type of services required and at fair and
reasonable prices.
B.Â
City To Be Furnished Statement Of Firm's Qualifications And Performance
Data, Present Provisions Of Law Notwithstanding. In the procurement
of architectural, engineering or land-surveying services, the City
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 requiring architectural, engineering
or land surveying services is proposed, the City shall evaluate current
statements of qualifications and performance data of firms 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.Â
The specialized experience and technical competence
of the firm with respect to the type of services required.
2.Â
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.Â
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.Â
The firm's proximity to and familiarity with the
area in which the project is located.
C.Â
Negotiation Of Contract.
1.Â
The City shall list three (3) highly qualified
firms. The City shall then select the firm considered best qualified
and capable of performing the desired work and negotiate a contract
for the project with the firm selected.
2.Â
For a basis for negotiations, the City shall prepared
a written description of the scope of the proposed services.
3.Â
If the City is unable to negotiate a contract
with any of the selected firms, the City shall reevaluate the necessary
architectural, engineering or land-surveying services, including the
scope and reasonable fee requirements, again compile a list of qualified
firms and proceed in accordance with the provisions of this chapter.
D.Â
State Law Not Applicable. The City hereby
adopts the procedure set forth in this chapter in lieu of the procedures
set forth in Sections 8.285 to 8.291, RSMo.
E.Â
Prohibition Against Contingent Fees.
1.Â
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."
2.Â
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.
F.Â
Waiver. The Mayor and Board of Aldermen
may waive any and all aforementioned procedural requirements in the
best interest of the City.
G.Â
Accounting And Legal Services. Nothing
in this Chapter shall be construed as to require competitive bidding
for accounting or legal services.
H.Â
Purchasing Of Insurance Policies, Competitive Bidding,
When Renewal Between Bidding Periods Deemed Extension. Any
other law to the contrary notwithstanding, no contract shall be entered
into by the City to purchase any insurance policy or policies unless
the contract is submitted to competitive bidding at least every six
(6) years and the contract is awarded to the lowest or best bidder.
The renewal of any insurance policy during any period between submissions
of the contract to competitive bidding shall not constitute a separate
and distinct contract for the time covered by the renewal but shall
be treated only as an extension of an existing contract.
I.Â
Depository For City Funds, How Selected. Subject to the provisions of Section 110.020, RSMo., the Board of
Aldermen, at its regular meetings in July of each year, may receive
sealed proposals for the deposit of the City funds from banking institutions
doing business within the City that desire to be selected as the depository
of the funds of the City. Notice that bids will be received shall
be published by the City Clerk not less than one (1) nor more than
four (4) weeks before the meeting, in some newspaper published in
the City. Any banking institution doing business in the City, desiring
to bid, shall deliver to the City Clerk, on or before the day of the
meeting, a sealed proposal stating the rate percent upon daily balances
that the banking institution offers to pay to the City for the privilege
of being the depository of the funds of the City for the year next
ensuing the date of the meeting; or, in the event that the selection
is made for a less term than one (1) year, as herein provided, then
for the time between the date of the bid and the next regular time
for the selection of the depository. (similar State Law provision
RSMo. §95.280)
[Ord. No. 261, 11-1-2004]
A.Â
Advertisement For Bids, Required When. All purchases of personal property by the City shall be by competitive
bid, except that purchases of less than one thousand dollars ($1,000.00)
may be made on the open market. If the cost of any such personal property
is expected to be between one thousand dollars ($1,000.00) and three
thousand dollars ($3,000.00), then price quotes shall be informally
solicited from at least three prospective suppliers, and such quotes
shall be recorded and retained in the City's records for a period
of five (5) years. If the cost of any such personal property is expected
to exceed three thousand dollars ($3,000.00), then advertisements
for bids shall be inserted at least one (1) time in a newspaper of
general circulation in the City of Hallsville, Missouri, to appear
at least one (1) week before such bids are to be opened, and bids
shall also be solicited by mail from prospective suppliers. In all
cases, the purchase shall be made from the lowest and/or best bidder,
except that the City shall have the right to reject any or all bids
and then either solicit new bids or, in the case where a better price
may be obtained on the open market, make the purchase on the open
market, except that purchases from other government entities under
that State Surplus Property Law and purchases found by the Board to
be needed on an emergency basis, need not be competitively bid.
B.Â
Authorization For Purchases.
1.Â
Any City official, officer or employee will be
reimbursed for any purchase made on behalf of the City which is less
than fifty dollars ($50.00) if the City Treasurer is furnished with
a receipt for the purchase promptly after the purchase and if reimbursement
is approved by the Board of Aldermen.
2.Â
No employee of the City shall make any purchase
on behalf of the City, without written authorization from the Administrative
Supervisor of their Department within budgets allotted to them. Administrative
supervisory personnel must receive written approval from the Mayor
for purchases over five hundred dollars ($500.00).
3.Â
No City
elected official, officer, or any employee may incur any debt on behalf
of the City without authorization from the majority of the Board of
Aldermen. The Mayor may not authorize any purchase in excess of one
thousand dollars ($1,000.00) without approval of the Board of Aldermen.
4.Â
The provisions of this Subsection notwithstanding,
administrative supervisory personnel may exceed the purchase limit
of five hundred dollars ($500.00) if the purchase is determined by
supervisory personnel to be an emergency purchase. An emergency purchase
constitutes a purchase which must be made in order to protect the
lives, safety or property of the City or its citizens form an imminent
peril for which, in the opinion of said administrative supervisory
personnel, the provisions of this Subsection cannot reasonably be
complied with, including but not limited to such occurrences as a
sewer pump operating improperly, causing destruction to property;
snow-removal equipment fails to operate during the snow-removal season;
a police automobile or radio needs immediate attention to continue
to provide safety for the citizens of Hallsville, etc. When an emergency
purchase is made, the Administrative Supervisor will immediately submit
a written report to the Mayor, Board of Aldermen and the appropriate
Commission. A copy of the invoice will be attached to the report and
the report will explain the emergency situation in detail.
