[R.O. 2013 § 127.010; 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. 2013 § 127.020; 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. 2013 § 127.030; 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. 2013 § 127.040; 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. 2013 § 127.050; R.O. 2012 § 127.050;
CC 1987 § 25.050]
[R.O. 2013 § 127.060; 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. 2013 § 127.070; 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. 2013 § 127.080; 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. 2013 § 127.090; 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.
[R.O. 2013 § 127.100; 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. 2013 § 127.110; 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. 2013 § 127.120; 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. 2013 § 127.130; R.O. 2012 § 127.130;
CC 1987 § 25.130]
[R.O. 2013 § 127.140; 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 140.080 of this Code, shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 140.090 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 140.110.
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. 2013 § 127.150; 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. 2013 § 127.160; 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
Services Act, Section 67.330 et seq., RSMo. The provisions of this
Chapter requiring competitive bidding at the local level shall not
apply to such purchase.
R.O. 2013 § 127.170; [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. 2013 § 110.160; R.O. 2012 § 110.160;
CC 1987 §§ 24.070 – 24.090; Ord.
No. 924 Arts. I – II, 9-15-2005]
A.
Where the calling for bids for work, improvements or purchases is required by law or ordinance, or where such procedure will benefit the Village, or where the expenditures will be greater than five hundred dollars ($500.00), except for expenditures exceeding five hundred dollars ($500.00) which are not required by law or ordinance for maintenance, removal or repair of streets, Village equipment or Village trees, the Board of Trustees shall direct the Village Clerk to advertise or solicit bids for such work, improvements or purchases as set forth in Subsections (B) and (C) of this Section. Where, in the opinion of the majority of the members of the Board of Trustees, the health or safety of the general public requires emergency purchases or work, no bids shall be required pursuant to this Section.
B.
Notice And Receiving Of Bids. The advertisement, solicitation or
notice for such work, improvements or purchases shall state the place,
date and time when bids are to be received, and the place, date and
time when bids will be opened. Such advertisement, solicitation or
notice shall be placed no less than two (2) weeks prior to deadline
for receipt of bids.
C.
Opening, Acceptance Or Rejection Of Bids. On the hour chosen by the Board of Trustees for the opening of bids received pursuant to Subsection (B) hereof, the Board of Trustees or an officer designated by the Board of Trustees shall open and read all bids in order of their receipt by the Village Clerk. The officer shall report all bids to the Board of Trustees, who may reject any and all bids or, if the Board of Trustees desires to accept any bid received, they may do so at that time or at a regular or specially called meeting thereafter.
[R.O. 2013 § 127.180; R.O. 2012 § 127.180;
CC 1987 § 25.500]
The following words and phrases, when used in this Article,
shall mean:
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, 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. 2013 § 127.190; 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 Chairperson 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:
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.
1.
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:
a.
Specialized experience in the type of work required.
b.
Record of the firm in accomplishing work on other projects in
the required time.
c.
Quality of work previously performed by the firm for the Village.
d.
Recent experience showing accuracy of cost estimates.
e.
Community relations, including evidence of sensitivity to citizen
concerns.
f.
Geographic location of the office of the firm which would serve
the project.
g.
Qualifications and experience of key personnel.
h.
Relations with previous clients.
2.
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.
1.
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 Chairperson
and Board of Trustees for approval.
2.
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 Chairperson 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. 2013 § 127.200; 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:
[R.O. 2013 § 127.210; 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 Chairperson
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. 2013 § 127.220; 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. 2013 § 127.230; R.O. 2012 § 127.230;
CC 1987 § 25.550]
The Chairperson and Board of Trustees may waive any and all aforementioned
procedural requirements in the best interests of the Village.
