[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.
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.
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.
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.
Each firm meeting the following minimum qualifications shall be deemed
to be a qualified firm and meeting the qualifications of the City:
1.
Duly authorized to conduct business in the State of Missouri
in their particular profession.
2.
Professional registration by the State of Missouri, if required.
3.
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.
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.
Firm name, address, telephone numbers.
2.
Year established and former firm names (if applicable).
3.
Types of services for which it is qualified.
4.
Names of principals of the firm and states in which they are
registered, if registration is required in that profession.
5.
Names of key personnel, with experience of each and length of
time in the organization.
6.
Number of staff available for assignment.
7.
Outside consultants and associates usually retained.
8.
Current projects underway and estimated cost of each.
9.
Bidding procedure for construction.
[Ord. No. 261, 11-1-2004]
A.
Competitive bids shall be required on all construction contracts
for which more than two thousand dollars ($2,000.00) has been budgeted.
B.
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.
Bids submitted may be withdrawn or changed at any time before
the official opening.
2.
No changes shall be permitted after bids have been opened.
3.
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.
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.
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.
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.
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.
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.
Negotiation Of Contract.
1.
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.
For a basis for negotiations, the City shall prepared a written
description of the scope of the proposed services.
3.
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.
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.
Prohibition Against Contingent Fees.
1.
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.
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.
Waiver. The Mayor and Board of Aldermen may waive
any and all aforementioned procedural requirements in the best interest
of the City.
G.
Accounting And Legal Services. Nothing in this Chapter
shall be construed as to require competitive bidding for accounting
or legal services.
H.
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.
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.
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 over one thousand dollars ($1,000.00) and less than
five thousand dollars ($5,000.00), 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 be over five thousand and one dollars ($5,001.00) and less than
fifteen thousand dollars ($15,000.00) then written bids shall be solicited
from at least three prospective suppliers, and such quotes shall be
retained in the City's records for a period of five (5) years. If
the cost of any such personal property is expected to be over fifteen
thousand and one dollars ($15,001.00), 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. 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.
[Ord. No. 417, 11-13-2023]
B.
Authorization For Purchases.
[Ord. No. 420, 1-8-2024]
1.
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 City Administrator and presented to the Board of Aldermen for
approval at the next scheduled Board meeting.
2.
No employee of the City shall make any purchase on behalf of
the City, without authorization from the Administrative Supervisor
of their Department within budgets allotted to them. Administrative
supervisory personnel must receive approval from the Mayor or City
Administrator for purchases over five hundred dollars ($500.00).
3.
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 or City Administrator may not
authorize any purchase in excess of five thousand dollars ($5,000.00)
without approval of the Board of Aldermen.
4.
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 from 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 properly, 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 Hallville, etc. When an emergency purchase is made, the Administrative
Supervisor will immediately submit a written report to the City Administrator
who will then present the expense at the next Board of Aldermen meeting.
A copy of the invoice will be attached to the report and the report
will explain the emergency situation in detail.
