Editor's Note — As to repayment of unapproved expenditures
by trustees, §110.170.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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;
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as may seem to him/her to be in the best interest of the Village.
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[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.
[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.
[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.
[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.
[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,
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.
[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.
[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.
[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.
[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.
[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.
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.
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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 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:
4. Understanding of Village's objectives.
7. Fee and/or schedule of hourly rates.
8. Knowledge of local situation.
10. Presentation and attitude.
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.
[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:
3. Hourly basis with total not to exceed fixed amount.
[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.
[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.
[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.