[Ord. No. 636 §1(2-41), 10-14-2002]
The Purchasing Agent shall be, or be appointed by, the Mayor. If appointed, he/she shall perform the duties prescribed by the Mayor, by State Statutes and by this Section, be administratively responsible to the Mayor and Board of Aldermen and hold office at the pleasure of the Mayor. The Purchasing Agent shall:
Purchase, with due regard to quality and competitive prices, all supplies, materials, equipment and services required by the City, provided that such purchases are made in a manner consistent with Sections 135.020 and 135.030 this Code. The Purchasing Agent is hereby authorized to make purchases of up to one thousand dollars ($1,000.00) per transaction without prior approval from the Board of Aldermen; provided however, that the Purchasing Agent shall not be permitted to make more than five (5) such purchases during any calendar month and, provided further, that the Purchasing Agent shall not subdivide individual transactions, contracts or purchases for the purpose of evading the dollar limitations specified herein. All other purchases shall be approved by motion or resolution of the Board of Aldermen.
Confer with City Officials on necessary specifications and thereafter establish and enforce specifications with respect to supplies, materials and equipment required by the City.
Inspect or supervise the inspection of all deliveries with regard to quantity, quality and conformance to specification.
Sell, with the approval of the Board of Aldermen, any and all surplus, obsolete or unused supplies, materials or equipment.
Prepare and maintain forms and purchasing nomenclature necessary to the performance of his/her duties prescribed in this Section.
Supervise inventory and storerooms maintained by the City.
Establish and maintain a vendors' catalog file.
Submit reports to the Mayor or Board of Aldermen as may be requested.
[Ord. No. 636 §1(2-41.1), 10-14-2002]
When the City negotiates any purchase, sale or other contract, including contracts for public improvements, 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 five hundred dollars ($1,500.00), bids shall be solicited in the most expedient manner or in such a manner as prescribed by the Purchasing Agent with due regard for competitive prices and quality.
[Ord. No. 824 §1, 6-10-2013]
If the consideration is for more than one thousand five hundred dollars ($1,500.00) but not more than five thousand dollars ($5,000.00), at least three (3) bids shall be solicited by mail or telephone request, from which the most advantageous bid with proper qualifications as determined by the City shall be accepted. A record of the quotations shall be maintained.
[Ord. No. 824 §1, 6-10-2013]
If the consideration is for more than five thousand dollars ($5,000.00) but not more than fifteen thousand dollars ($15,000.00), at least three (3) written bids shall be solicited from which the Purchasing Agent shall accept the most advantageous bid. If the lowest bid is not accepted, the transaction and the reasons therefor require the approval of the Board of Aldermen.
[Ord. No. 824 §1, 6-10-2013]
If the consideration is for more than fifteen thousand dollars ($15,000.00), request for bids shall be promulgated through the media at least once, such that it is known in the Oakland and adjacent areas and to the known potential bidders and suppliers. Whenever possible, bids should be obtained from at least three (3) prospective qualified vendors. The Board of Aldermen, after consultation with the Mayor and Purchasing Agent, shall award the contract or purchase to the most advantageous bidder.
[Ord. No. 824 §1, 6-10-2013]
Individual contracts, purchases or sales for goods, supplies, commodities or services shall not be excluded from the requirement of competitive bidding described herein.
Individual contracts or purchases shall not be subdivided for the purpose of evading the requirement of competitive bidding.
[Ord. No. 636 §1(2-41.2),10-14-2002; Ord. No. 650 §1, 6-9-2003]
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.
Intergovernmental Contracts. Contracts with any other governmental units or agencies, when it would best serve the interests of the City, shall be exempt from the requirement of competitive bidding.
Exclusive Supplier. Where it shall be determined that there exists a sole supplier without a substitute which would reasonably satisfy the needs of the City, supplies, materials and equipment may be secured in a manner other than competitive bidding. The Mayor shall direct this method of procurement.
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.
Emergency Purchases. In the event of an emergency, where it is deemed necessary to purchase supplies or services immediately, the Mayor shall authorize the Purchasing Agent to procure the necessary commodities or services and shall forego the requirement of competitive bidding. The Mayor shall file a report of such action with the City Clerk and the Board of Aldermen.
[Ord. No. 636 §1(2-41.3), 10-14-2002]
The following shall be the policy and procedures for selecting architectural, engineering and land surveying services for the City of Oakland.
Definitions. As used in this Section, 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., and 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 provide 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, City Engineer and at least one (1) member of the Board of Aldermen.
Roster of consultants.
The Mayor, or person designated by the Mayor, will maintain a roster 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 members of the Board of Aldermen or when recommended by other City Officials.
Each firm that meets the following minimum qualifications shall be deemed to be a qualified firm of the City:
Duly authorized to conduct business in the State of Missouri in their particular profession.
Professional registration by the State of Missouri.
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 time frame.
Resumes and data. Each person or firm listed on the roster shall be responsible for maintaining with the City Clerk a current resume describing his/her or its qualifications and experience. Data that shall be included is as follows:
Firm name, address and telephone numbers.
Year established and former firm names.
Types of services for which it is qualified.
Names of principals of the firm and status in which they are registered.
Names of key personnel with experience of each and length of time in the organization.
Number of staff available for assignment.
General procedures and responsibilities.
Project initiation. When the City identifies a project for which architectural, engineering or land-surveying services will be necessary, the City Engineer 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 City Engineer shall include in the scope of services the following:
Expressions of interest. The Mayor or City Clerk will contact those firms on the roster for an expression of interest in the specific project. The request should invite comments as to the special experience in the project being considered, describe previous experience with similar projects and the availability of the firm to provide the required service within any time limitations.
Initial screening and requests for proposals. The expressions of interest will then be presented to the City Engineer for initial screening. Factors to be determined in the initial screening will include:
Specialized experience in the type of work required.
Record of the firm in accomplishing work on other projects in the required time.
Quality of work previously performed by the firm for the City.
Recent experience showing accuracy of cost estimates.
Community relations including evidence of sensitivity to citizen concerns.
Detailed proposals. Firms submitting detailed proposals will provide the following information:
Name of firm principal.
Name of project supervisor (licensed engineer, architect or land surveyor).
Ability of firm to meet time schedules.
Description of how project will be conducted.
Cost of services.
For various level of the disciplines offered, the position, hourly rate, salary cost multiplier, overhead and profit multiplier.
Outside consultants and associates usually retained.
List of completed projects on which the firm was principal engineer.
Current projects underway and estimated cost of each.
Data-gathering methods (if appropriate).
Evaluation techniques (if appropriate).
Three (3) written proposals should be secured when possible. Proposals may be solicited by mail or telephone. The Selection Committee will review the proposals, interview the prospective consultant, if desirable and make a recommendation or selection in accordance with Subparagraph (2), class of service, below.
Class of service. Projects will be divided into two (2) classes as follows:
Class A. Services for projects where fees will exceed five thousand dollars ($5,000.00). The Selection Committee's recommendation shall be presented to the Board of Aldermen for approval or rejection. The Board has the right to approve or reject any and all proposals.
Class B. Services for projects that are provided for in the approved City budget and where fees will be less than five thousand dollars ($5,000.00). The Selection Committee will have full authority to select the consultant.
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 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."
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.
The Board of Aldermen in its sole and absolute discretion may waive any and all aforementioned procedural requirements.