A.
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.
B.
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.
A.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
Individual
contracts or purchases shall not be subdivided for the purpose of
evading the requirement of competitive bidding.
6.
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.
7.
The
three (3) bid requirement may be waived in the event of a single-source
vendor.
8.
The
three (3) bid requirement shall be waived if a purchase is made under
an already bid County, State or Federal contract.
A.
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:
1.
The
ability, capacity and skill of the bidder to perform the terms of
the contract or provide the service required.
2.
Whether
the bidder can meet the contractual terms or provide the service required
within the specified time frame.
3.
The
bidder's past performance on previous contracts or services.
4.
The
previous and current compliance of the bidder with laws and ordinances
relating to the contract or service.
5.
The
financial resources and ability of the bidder to perform the contract
or provide the service.
6.
The
ability of the bidder to provide future maintenance and service for
the subject of the contract.
B.
Bids
shall not be accepted from firms who are in default on the payment
of taxes, licenses or other monies due the City.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Emergency Purchases.
1.
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.
2.
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.
A.
The following
shall be the policy and procedures for selecting architectural, engineering,
land surveying, and other professional services for the City.
1.
ARCHITECTURAL SERVICES
ENGINEERING SERVICES
FIRM
LAND SURVEYING SERVICES
SELECTION COMMITTEE
USING DEPARTMENT
Definitions. As used in this Article the following terms
shall have these prescribed meanings:
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.
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.
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.
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.
The City department requesting the professional service and
that shall be the prime user of the service.
3.
General procedures and responsibilities for Class A projects.
a.
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:
(1)
A description of the work to be performed 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 using department.
(4)
Required time frame for completion of the project.
(5)
Financial conditions, limitations or other requirements such as applicable
grant funding.
b.
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:
(1)
Name and address of firm.
(2)
Previous related experience.
(3)
Outside firms or outside personnel to be used on projects.
(4)
Brief resume of key persons to be assigned to project.
(5)
Special experience in the project being considered.
(6)
Any work previously performed for the City.
(7)
Description of resources.
c.
Initial screening of expressions of interest. The Selection
Committee will utilize the following factors in the initial screening
of the expressions of interest:
(1)
Specialized experience and technical competence in the type of work
required.
(2)
Past record of performance with respect to cost control, quality
of services and ability to meet schedules.
(3)
Quality of work previously performed by the firm for the City.
(4)
Ability in the area of community relations, including evidence of
sensitivity to citizen concerns.
d.
Selection process.
(1)
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.
(2)
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.
4.
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.
5.
Prohibition against contingent fees.
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 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."
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.
6.
Exceptions.
a.
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.
b.
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".
