Article I Purchasing and Sale of City Property
Section 135.070 Procurement of Engineering, Architectural, Land Surveying and Other Professional Services.
The purpose of this Article is to establish policies and procedures to ensure that necessary goods and services are obtained in the most economical price, while ensuring compliance with all applicable laws and policies, and to maintain confidence in governmental processes and procedures. This Article also provides for the sale of City property that is no longer needed for municipal purposes.
The Mayor or his/her expressed designee shall be the purchasing agent for the City and shall ensure that all purchases are made in accordance with the purchasing rules and procedures approved by the Board of Aldermen. In his/her capacity as the City's purchasing agent, the Mayor or his/her expressed designee shall oversee the preparation of all bid specifications for services and equipment.
Any officer or employee of the City who has a financial interest, direct or indirect, shall disclose such interest prior to the execution of a purchase order or contract. The City Clerk shall immediately report to the Mayor and Board of Aldermen any information that would indicate any such interest either before or after a purchase has been made.
All officers and employees of the City are expressly prohibited from accepting, directly or indirectly, any rebate, gift, money, or anything of value whatsoever, except where given for the use and benefit of the City, from any person to which a purchase order or contract is awarded or may be awarded.
When the City negotiates any purchase for goods and services or the sale of City-owned property, there shall be provided ample opportunity for competitive bidding in the following manner and with due regard to obtaining products, resources, terms and conditions most advantageous to the City:
If the consideration is not more than one thousand dollars ($1,000.00), bids shall be solicited in the most expedient manner or in such manner as prescribed by the Mayor with due regard to competitive prices and quality.
If the consideration is for more than one thousand dollars ($1,000.00) but not more than three thousand dollars ($3,000.00), at least three (3) bids shall be solicited by mail, email or telephone request from which the lowest, responsible, and best bid with proper qualifications as determined by the City shall be accepted. Such purchase must be approved by the Mayor, in writing. A record of the quotations shall be maintained.
If the consideration is for three thousand dollars ($3,000.00) or more but not more than ten thousand dollars ($10,000.00), whenever possible, bids should be obtained from at least three (3) prospective vendors. The Board of Aldermen, upon recommendation of the Mayor, shall award the contract or purchase to the lowest, responsible, and best bidder.
If the consideration is for ten thousand dollars ($10,000.00) or more, a request for bids shall be published in a newspaper of general circulation at least once, such that it is known in the Appleton City and adjacent areas and to the known potential bidders and suppliers. Whenever possible, bids should be obtained from at least three (3) prospective vendors. The Board of Aldermen, upon recommendation of the Mayor, shall award the contract or purchase to the lowest responsible bidder.
Individual contracts or purchases shall not be subdivided for the purpose of evading the requirement of competitive bidding.
In the event no bids are received, at the direction of the Board of Aldermen, the City may negotiate with possible suppliers to obtain the product or service required.
The three (3) bid requirement may be waived in the event of a single-source vendor.
The three (3) bid requirement shall be waived if a purchase is made under an already bid County, State or Federal contract.
The City reserves the right to reject any and all bids. Bids shall be awarded to the lowest and best bidder. In determining the lowest and best bidder, the following factors shall be considered in addition to pricing:
The ability, capacity and skill of the bidder to perform the terms of the contract or provide the service required.
Whether the bidder can meet the contractual terms or provide the service required within the specified time frame.
The bidder's past performance on previous contracts or services.
The previous and current compliance of the bidder with laws and ordinances relating to the contract or service.
The financial resources and ability of the bidder to perform the contract or provide the service.
The ability of the bidder to provide future maintenance and service for the subject of the contract.
Bids shall not be accepted from firms who are in default on the payment of taxes, licenses or other monies due the City.
Professional Services. Contracts for services of professional persons, including, but not limited to, attorneys, physicians, accountants or other services requiring expert or special knowledge or skill, including, but not limited to, planning consultants, insurance advisors and brokers, auditors, public relations consultants, real estate brokers, and landscape architects, shall be exempt from the requirement of competitive bidding.
Cooperative Purchasing. Contracts with any other governmental units or agencies for the purpose of cooperative purchasing, when it would best serve the interests of the City, shall be exempt from the requirement of competitive bidding. The City Clerk or the Mayor must, however, verify that the purchase has been subject to competitive bidding by some other governmental entity.
Exclusive Supplier. The Mayor or the Board of Aldermen may waive the requirement of competitive bidding if only one (1) supplier can satisfy the needs of the City. A single feasible source exists when supplies are proprietary and only available from the manufacturer or a single distributor or if it is determined that only one (1) distributor services the region in which the supplies are needed.
Per Unit Pricing. When it shall be deemed more appropriate to obtain per unit pricing at the beginning of the fiscal year, at which time items shall be subject to Board of Aldermen approval, supplies, materials, and equipment may be secured from that same supplier throughout the fiscal year.
The Mayor may, in a situation where time is of the essence, authorize the purchase or procurement of materials, supplies, equipment or services involving expenditure (or a related series of expenditures) in a total amount not to exceed five thousand dollars ($5,000.00). The Mayor shall grant such approval in writing and provide a copy of the same to the Board of Aldermen immediately following the granting of such approval. Such purchases or procurements may be made by the Mayor regardless of the inclusion of such expenditure in the annual budget of the City, provided the expenditure does not exceed the fund in the annual budget provided for such expenditures.
In the event that a state of emergency in the City of Appleton City is declared in accordance with Chapter 44 of the Revised Statutes of the State of Missouri and the Code of Ordinances of the City of Appleton City, the Mayor shall be empowered to authorize the purchase or procurement of materials, supplies, equipment or services as deemed necessary to ensure the health and safety of the public.
Section 135.070 Procurement of Engineering, Architectural, Land Surveying and Other Professional Services.
The following shall be the policy and procedures for selecting architectural, engineering, land surveying, and other professional services for the City.
Definitions. As used in this Article the following terms shall have these prescribed meanings:
- ARCHITECTURAL SERVICES
- Those services within the scope of practice of architecture as defined by the laws of the State of Missouri, Section 327.091, RSMo., to include landscape architects.
- ENGINEERING SERVICES
- Those services within the scope of practice of engineering as defined by the laws of the State of Missouri, Section 327.181, RSMo.
- Any individual, firm, partnership, corporation, association or other legal entity permitted by law to practice the profession of architecture, engineering or land surveying, or other professional services and that provides said services.
- LAND SURVEYING SERVICES
- Those services within the scope of practice of land surveying services as defined by the laws of the State of Missouri, Section 327.272, RSMo.
- SELECTION COMMITTEE
- The Mayor, the City Clerk, the City Engineer when appropriate, the department head of the using department when appropriate, and other staff members as deemed appropriate by the Mayor.
- USING DEPARTMENT
- The City department requesting the professional service and that shall be the prime user of the service.
General procedures and responsibilities for Class A projects.
Project initiation. When a department of the City identifies a project for which architectural, engineering, land surveying or other 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 Mayor for authorization to initiate the project. The department shall include in the scope of services the following:
A description of the work to be performed and its objectives.
The nature of specific tasks and services to be accomplished.
The type and amount of assistance to be given by the using department.
Required time frame for completion of the project.
Financial conditions, limitations or other requirements such as applicable grant funding.
Expressions of interest. Upon the approval of the Mayor, the using department will contact a minimum of three (3) firms to submit an expression of interest in the specific project summarized in the scope of services. Firms responding to the expression of interest shall provide the following information:
Name and address of firm.
Previous related experience.
Outside firms or outside personnel to be used on projects.
Brief resume of key persons to be assigned to project.
Special experience in the project being considered.
Any work previously performed for the City.
Description of resources.
Initial screening of expressions of interest. The Selection Committee will utilize the following factors in the initial screening of the expressions of interest:
Specialized experience and technical competence in the type of work required.
Past record of performance with respect to cost control, quality of services and ability to meet schedules.
Quality of work previously performed by the firm for the City.
Ability in the area of community relations, including evidence of sensitivity to citizen concerns.
Upon completion of the initial screening process, the Selection Committee will interview, if necessary, prospective firms. The Selection Committee will then recommend the two (2) firms deemed to be best qualified and capable of performing the desired work.
The City shall negotiate a contract with the top firm selected. If a satisfactory contract cannot be negotiated with the top firm, negotiations with that firm shall be terminated with the approval of the Selection Committee. Negotiations may then begin with the second (2nd) firm. If an agreement cannot be reached with the second (2nd) firm, negotiations with such firm may be terminated with the approval of the Selection Committee. If an agreement cannot be reached with the two (2) selected firms, the using department shall re-evaluate the professional services, including scope and fee requirements, and proceed in accordance with this Article. The Mayor will then take the matter to the Board of Aldermen for final approval.
General procedures and responsibilities for Class B projects. For projects where fees will be seven thousand five hundred dollars ($7,500.00) or less, the using department will solicit a minimum of three (3) written proposals by mail or telephone, when possible. After reviewing the detailed proposals, the using department shall make a recommendation to the Mayor for approval or rejection of the proposal, who will then take the matter to the Board of Aldermen for final approval.
Prohibition against contingent fees.
Each contract entered into by the Board of Aldermen for professional services shall contain a prohibition against contingent fees as follows:
"The architect, engineer, or land surveyor (as applicable) warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the architect, engineer, or land surveyor, to solicit or secure any person, company, corporation, individual, or firm other than a bona fide employee working solely for the architect, engineer, or land surveyor, any fees, commission, percentage, gift, or any other consideration, contingent upon or resulting from the aware or making of this agreement."
For the breach or violation of the foregoing provision, the 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.
When, in the opinion of the Mayor, the nature of the professional service is so specialized that there is one (1) supplier of the professional service that can best meet the City's needs, the Mayor may select or recommend the selection of such firm. Any exception shall be promptly reported to the Board of Aldermen with an explanation of the reasons therefore.
The Board of Aldermen in its sole and absolute discretion may waive any and all aforementioned procedural requirements.
The City Treasurer shall require each vendor who does work for the City to sign a form that states "upon endorsement of this check, I hereforthwith certify that all of my subcontractors and suppliers have been paid".