[Ord. No. 1992-15 § 1, 6-22-1992]
As used in this Article, the following terms shall have the
meanings indicated:
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.
[Ord. No. 1992-15 § 2, 6-22-1992]
A.
The City Clerk or his/her designee will maintain a roster, classified
by category of professional services, 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 a member
of the Board of Aldermen, or at the discretion of the City Clerk.
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 its particular profession,
2.
Professional registration by the State of Missouri, if required,
and
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 timeframe.
[Ord. No. 1992-15 § 3, 6-22-1992]
A.
Projects will be divided into two (2) classes as follows:
1.
Class A — Services for projects where fees will exceed
five thousand dollars ($5,000.00). The members of the Board of Aldermen
and the City Clerk will act as the selection committee. Advertising
and requests for proposals for this class of project are required.
2.
Class B — Services for projects where fees will not exceed
five thousand dollars ($5,000.00). The members of the Board of Aldermen
and the City Clerk will act as the selection committee. Advertising
and requests for proposals for this class of project are not required.
[Ord. No. 1992-15 § 4, 6-22-1992]
A.
Project Initiation. When the Board of Aldermen identifies a project
for which professional services will be necessary, the Board will
instruct the City Clerk to draft a request for proposals. Said request
shall include a project summary, scope of work, detailed request of
qualifications and previous experience of assigned staff, deadline
for submission, and address and telephone number for inquiries and
submissions. Said request for proposal may include a request for an
estimate of man hours necessary to complete the project, a request
for a fixed price, not to exceed, cost bid, and any other items deemed
necessary by the Board of Aldermen and City Clerk.
B.
Expressions Of Interest. The City Clerk shall advertise the availability
of requests for proposals in a newspaper of local circulation. Requests
for proposals shall be mailed to all firms on the roster of consultants
for any appropriate category as well as any firm requesting an RFP.
C.
Interview And Selection.
1.
Upon receipt of detailed proposals, the Board of Aldermen and
City Clerk will review the proposals, schedule interviews, conduct
interviews, and make the final selection.
2.
Firms selected for interviews will be asked to provide the names
and resumes of the project supervisor and the principal(s) responsible
for the work; the amount of work presently underway; the ability of
the firm to meet required time schedules; as well as any other information
deemed necessary by the Board of Aldermen and City Clerk.
3.
Selection criteria shall be at the discretion of the Board of
Aldermen and the City Clerk for each project. In general, the following
shall be considered:
D.
Contract Negotiation.
1.
The selected firm then will be requested to come in for a final
conference with the Board of Aldermen and the City Clerk to define
precisely the scope of the service to be provided and come to final
agreement on a fee for the work. A contract is then prepared and submitted
to the City Clerk, City Attorney and the Board of Aldermen for approval.
Following City approval, the contract is offered to the selected firm.
2.
If, after a 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.
[Ord. No. 1992-15 § 5, 6-22-1992]
A.
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 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 award or making of this agreement."
B.
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.
[Ord. No. 1992-15 § 6, 6-22-1992]
The Board of Aldermen in its sole and absolute discretion may
waive any and all aforementioned procedural requirements.
[Ord. No. 5.000 §§ 5.100
— 5.130, 1-9-1912]
A.
All contracts and conveyances of the City shall be signed by the
Mayor, attested by the Clerk and have the City Seal affixed, before
the City shall be bound thereby, except in cases otherwise provided.
B.
The Board of Aldermen shall by resolution or ordinance first authorize
the execution of any such contract or conveyance.
C.
The Board of Aldermen may, by resolution or ordinance entered on
record, appoint an agent or agents to make any deed or contract on
behalf of the City, which shall bind the City, provided it is made
in conformity with the provisions of such resolution or ordinance.
