Village of Hanley Hills, MO Chapter 127 Procurement, Conflict of Interest

Editor's Note — As to repayment of unapproved expenditures by trustees, §110.170.

Article I General Provisions

Section 127.010 Purchasing Agent Designated.

[R.O. 2012 §127.010; CC 1987 §25.010]

A. The Village Treasurer is hereby designated as Purchasing Agent for the Village. He/she, when authorized, shall procure for the Village bids for supplies and services needed by the Village, in accordance with the procedures prescribed by this Chapter or required by law.

1. Except as provided in this Chapter, it shall be unlawful for any Village Officer or employee to order the purchase of any supplies or make any contract within the purview of this Chapter other than through a Purchasing Agent, and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by Village Officials, and the Village shall not be bound thereby.

Section 127.020 Purchasing Agent — Duties Generally.

[R.O. 2012 §127.020; CC 1987 §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 Village the highest quality in supplies and contractual services at the least expense to the Village.

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 Village 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. Prepare, adopt and maintain a vendors' catalog file. Said catalog shall be filed according to materials and shall contain descriptions of vendors' commodities, prices and discounts.

5. Exploit the possibilities of buying "in bulk" so as to take full advantage of discounts.

6. Act so as to procure for the Village all Federal and State tax exemptions to which it is entitled.

7. 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.

Section 127.030 Conflict of Interest.

[R.O. 2012 §127.030]

All elected officials as well as employees of the Village must comply with Sections 105.454 et seq., RSMo., on conflicts of interest as well as any other State law governing official conduct.

Section 127.040 Conflict of Interest — Officers and Employees Not to Deal With Certain Entities.

[R.O. 2012 §127.040; CC 1987 §25.040]

No officer or employee of this Village 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.

Section 127.050 Conflict of Interest — Penalties.

[R.O. 2012 §127.050; CC 1987 §25.050]

Any person who violates the provisions of Section 127.030 or Section 127.040 shall, upon conviction thereof, be punished as provided in Section 100.220 of this Code.

Section 127.060 Gifts and Rebates.

[R.O. 2012 §127.060; CC 1987 §25.060]

The Village Clerk and every other officer and employee of the Village 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 Village. Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Section 100.220 of this Code.

Section 127.070 Competitive Bidding Required.

[R.O. 2012 §127.070; CC 1987 §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.

Section 127.080 Formal Contract Procedure.

[R.O. 2012 §127.080; CC 1987 §25.080]

All supplies and contractual services, except as otherwise provided in this Chapter, when the estimated cost thereof shall exceed five thousand dollars ($5,000.00), shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals. All sales of personal property which has become obsolete and unusable, when the estimated value shall exceed five thousand dollars ($5,000.00) shall be sold by formal, written contract to the highest responsible bidder, after due notice inviting proposals.

Section 127.090 Notice Defined.

[R.O. 2012 §127.090; CC 1987 §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 Village 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 Village 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 Village.

Section 127.100 Bid Opening Procedure.

[R.O. 2012 §127.100; CC 1987 §25.100]

Bids shall be submitted sealed to the Village 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.

Section 127.110 Lowest Responsible Bidder.

[R.O. 2012 §127.110; CC 1987 §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 Village. 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; and

9. The number and scope of conditions attached to the bid.

Section 127.120 Bids Accepted.

[R.O. 2012 §127.120; CC 1987 §25.120]

All bids shall be accepted or rejected by the Board of Trustees. 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.

Section 127.130 Tie Bids.

[R.O. 2012 §127.130; CC 1987 §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.

1. 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.

Section 127.140 Open Market Procedure.

[R.O. 2012 §127.140; CC 1987 §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 127.080 of this Code, shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 127.090 for the award of formal contracts.

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 127.110.

2. The Village 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 Village Hall.

3. The Village 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.

Section 127.150 Emergency Purchases.

[R.O. 2012 §127.150; CC 1987 §25.150]

In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Board of Trustees may authorize the purchase at the lowest obtainable price 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 Trustees.

Section 127.160 Cooperative Procurement.

[R.O. 2012 §127.160; CC 1987 §25.160]

To the maximum extent practicable the purchases of this Village 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 purchase.

Section 127.170 Authority of Agent.

[R.O. 2012 §127.170; CC 1987 §25.170]

The Purchasing Agent may, on his/her own authority, contract for supplies not to exceed one hundred dollars ($100.00) total cost per order. Larger purchases must be approved in advance by the Board of Trustees. All purchases are subject to final acceptance by the Board of Trustees.

Article II Selection of Professional Services

Section 127.180 Definitions.

[R.O. 2012 §127.180; CC 1987 §25.500]

The following words and phrases, when used in this Article, shall mean:

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.

Section 127.190 General Procedure and Responsibilities.

[R.O. 2012 §127.190; CC 1987 §25.510]

A. Project Initiation. When a department of the Village 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 Chairman 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 Village department involved.

4. Required time frame.

5. Financial conditions or limitations; 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 committed 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 Village.

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 selections 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 Village 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 Village'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 Village Attorney for review and then submitted to the Chairman and Board of Trustees 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 Chairman will inform the Board of Trustees 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 selection process will go directly to detailed proposals.

Section 127.200 Compensation or Fee.

[R.O. 2012 §127.200; CC 1987 §25.520]

A. This amount will include all services to be rendered to the Village 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 Village:

1. Lump sum or fixed fee,

2. Cost per unit, or

3. Hourly basis with total not to exceed fixed amount.

Section 127.210 Prohibition Against Contingent Fees.

[R.O. 2012 §127.210; CC 1987 §25.530]

A. Each contract entered into by the Board of Trustees for professional services shall contain a prohibition against contingent fees as follows:

"No firm shall retain a person, to solicit or secure a Village 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 Chairman and Board of Trustees 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.

Section 127.220 Use of Procedures.

[R.O. 2012 §127.220; CC 1987 §25.540]

A. The procedures described herein shall be used in all projects requiring outside professional services. Exceptions to this policy shall be as follows:

1. After the Village has used this process to select a firm with specialized expertise that is available to do similar required work in that field of expertise which would fall under Class B type projects, if new contract can be negotiated, the firm can be retained for additional projects requiring that expertise for a period of no longer than three (3) years. After three (3) years, this procedure shall be used again for selection of professional services.

2. If, after project completion by a firm already selected by the Village through this process to do a major project, the Village requires professional services on an ongoing consultant basis on that project, the Village may retain the services of that firm on a consultant basis for a period of three (3) years. After that period of time, the Village shall use this procedure again to select ongoing consultant services.

Section 127.230 Waiver.

[R.O. 2012 §127.230; CC 1987 §25.550]

The Chairman and Board of Trustees may waive any and all aforementioned procedural requirements in the best interests of the Village.