[R.O. 1998 § 135.010; CC 1988 §2-261; Ord. No. 829 §1, 2-7-1977; Ord. No. 948 §1, 10-6-1980; Ord. No. 1039 §1, 9-6-1983; Ord.
No. 1737 §1, 1-3-1994; Ord. No. 2107 §1, 11-1-1999; Ord. No. 2187 §1, 4-2-2001]
The procedure set forth in this Article
shall be applicable to all City expenditures of three thousand dollars
($3,000.00) or more for the purchase of goods and/or services, unless
two-thirds (2/3) of the members of the Board of Aldermen, present
and voting at a meeting of the Board, vote to exempt a particular
purchase of goods and/or services from the provisions of this Article.
[R.O. 1998 § 135.020; CC 1988 §2-262; Ord. No. 829 §2, 2-7-1977]
A.
All notices inviting bids shall be public,
and shall be published in one (1) issue of a newspaper of general
circulation in the City. Such notice shall be published at least fourteen
(14) days prior to the date set for the receipt of the bids. The notice
shall include a general description of the articles to be purchased
or services performed and the time and place for opening bids.
B.
In addition, notices shall be mailed to
all responsible, prospective suppliers of the items to be purchased
or services performed. A minimum of three (3) bids shall be necessary
before a bid can be approved or awarded, unless two-thirds (2/3) of
the members of the Board of Aldermen, present and voting at the meeting
wherein less than three (3) bids were received, vote to accept one
(1) of the bids received.
[R.O. 1998 § 135.030; CC 1988 §2-263; Ord. No. 829 §3, 2-7-1977]
No request for goods or services
shall be so specified as to exclude any legitimate supplier. Where,
due to lack of better terminology, a particular trade name or feature
is specified, it shall be followed by the phrase "or equal."
[R.O. 1998 § 135.040; CC 1988 §2-264; Ord. No. 829 §4, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
Bids shall be sealed in a special
bid envelope as provided by the City, with the specifications. Bids
will be accepted at the office of the City Clerk up to the date specified
for receipt of bids in the bid notice. The date and time of receipt
of a bid shall be noted on the bid envelope. No bids shall be accepted
after the date and time for receipt of bids, as provided in the bid
notice.
[R.O. 1998 § 135.050; CC 1988 §2-265; Ord. No. 829 §5, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
The City Clerk or his/her representative
shall open the bids immediately following the deadline for receipt
of bids and shall prepare a log of all bids received, which shall
contain the name of the bidder, the date and time the bid was received
and the amount of such bid. A copy of such log shall be provided to
the Mayor, the members of the Board of Aldermen and the appropriate
department head. A copy of the log shall be entered as part of the
minutes of the meeting of the Board of Aldermen at which the bids
are considered.
[R.O. 1998 § 135.060; CC 1988 §2-267; Ord. No. 829 §7, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
Each bid proposal for any improvement
or construction work shall be accompanied by a bid bond in an amount
of not less than five percent (5%) of the total bid price.
[R.O. 1998 § 135.070; CC 1988 §2-268; Ord. No. 829 §8, 2-7-1977; Ord. No. 1769 §1, 8-1-1994; Ord. No. 2009 §1, 3-2-1998]
A.
The Board of Aldermen shall award a contract
on the basis of its determination as to the lowest and best bid. Such
determination shall be based upon the following standards:
1.
The bid price;
2.
The financial strength of the bidder;
3.
The bidder's experience, its background
in the performance of the type of work or services called for and
the length of time required by the bidder to perform the work;
4.
The record of performance of other
work by the bidder;
5.
Engineering considerations, where
pertinent; and
6.
Such other considerations as deemed
relevant to the determination of the best interests of the City.
[R.O. 1998 § 135.080; CC 1988 §2-269; Ord. No. 829 §9, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
All contracts shall be awarded for
a complete article and for all labor and material to complete the
services or supply the article called for in the specifications. Separate
labor and material contracts shall be let only if specified in the
notice to bidders and separate bids are received and awarded by the
Board of Aldermen.
[R.O. 1998 § 135.090; CC 1988 §2-270; Ord. No. 829 §10, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
The City reserves the right to reject
any and all bids or to accept the one that, in the judgment of the
Board of Aldermen, will be to the best interest of the City.
[R.O. 1998 § 135.100; CC 1988 §2-271; Ord. No. 829 §11, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
In case of an emergency which requires
immediate purchases of supplies or services and when time is of the
essence, the Mayor shall be empowered to authorize or secure the supplies
or services needed without complying with the procedures as set forth
in this Article. A full report, in writing, of the circumstances of
an emergency purchase shall be filed by the Mayor with the Board of
Aldermen.
[R.O. 1998 § 135.110; CC 1988 §2-272; Ord. No. 829 §12, 2-7-1977; Ord. No. 2009 §1, 3-2-1998]
The requirements in this Article
shall not be required in the employment of professional services.
Professional services shall include the following, but not as all
inclusive: physicians, attorneys, engineers and certified public accountants.
[R.O. 1998 § 135.120; Ord. No. 2592 §§1 — 2, 4-9-2009]
A.
BUSINESS ENTITY
CONSTRUCTION
CONTRACTOR
DEPARTMENT
EMPLOYEE
EMPLOYER
EMPLOYMENT
FEDERAL WORK AUTHORIZATION PROGRAM
KNOWINGLY
1.
2.
LABORERS FROM NON-RESTRICTIVE STATES
MISSOURI LABORER
MUNICIPALITY
PERIOD OF EXCESSIVE UNEMPLOYMENT
PERSON
PUBLIC EMPLOYER
PUBLIC WORKS
UNAUTHORIZED ALIEN
WORK
Definitions.
For the purpose of this Section, the following terms shall be deemed
to have the meanings indicated below:
Any person or group of persons performing or engaging in
any activity, enterprise, profession or occupation for gain, benefit,
advantage or livelihood. The term "business entity" shall include,
but not be limited to, self-employed individuals, partnerships, corporations,
contractors and subcontractors. The term "business entity" shall include
any business entity that possesses a business permit, license or tax
certificate issued by the State, any business entity that is exempt
by law from obtaining such a business permit and any business entity
that is operating unlawfully without such a business permit. The term
"business entity" shall not include a self-employed individual with
no employees or entities utilizing the services of direct sellers
as defined in Subdivision (17) of Subsection (12) of Section 288.034,
RSMo.
Construction, reconstruction, demolition, painting and decorating
or major repair.
A person, employer or business entity that enters into an
agreement to perform any service or work or to provide a certain product
in exchange for valuable consideration. This definition shall include,
but not be limited to, a general contractor, subcontractor, independent
contractor, contract employee, project manager or a recruiting or
staffing entity.
The Missouri Department of Labor and Industrial Relations.
Any person performing work or service of any kind or character
for hire within the State of Missouri.
Any person or entity employing any person for hire within
the state of Missouri, including a public employer. Where there are
two (2) or more putative employers, any person or entity taking a
business tax deduction for the employee in question shall be considered
an employer of that person for purposes of this Section.
The act of employing or state of being employed, engaged
or hired to perform work or service of any kind or character within
the State of Missouri.
Any of the electronic verification of work authorization
programs operated by the United States Department of Homeland Security
or an equivalent Federal work authorization program operated by the
United States Department of Homeland Security to verify information
of newly hired employees, under the Immigration Reform and Control
Act of 1986 (IRCA), P.L. 99-603.
A person acts knowingly or with knowledge:
With respect to the person's conduct
or to attendant circumstances when the person is aware of the nature
of the person's conduct or that those circumstances exist; or
With respect to a result of the person's
conduct when the person is aware that the person's conduct is practically
certain to cause that result.
Persons who are residents of a State which has not enacted
State laws restricting Missouri laborers from working on public works
projects in that State, as determined by the Labor and Industrial
Relations Commission.
Any person who has resided in Missouri for at least thirty
(30) days and intends to become or to remain a Missouri resident.
The City of St. Ann, Missouri.
Any month immediately following two (2) consecutive calendar
months during which the level of unemployment in the State has exceeded
five percent (5%) as measured by the United States Bureau of Labor
Statistics in its monthly publication of employment and unemployment
figures.
Any natural person, joint venture, partnership, corporation
or other business or legal entity.
Every department, agency or instrumentality of the State
of Missouri or any political subdivision of the State of Missouri.
All fixed works constructed for public use or benefit or
paid for wholly or in part out of public funds.
An alien who does not have the legal right or authorization
under Federal law to work in the United States, as defined in 8 U.S.C.
§ 1324a(h)(3).
Any job, task, employment, labor, personal services or any
other activity for which compensation is provided, expected or due
including, but not limited to, all activities conducted by business
entities.
B.
No business entity or employer may knowingly
employ, hire for employment or continue to employ an unauthorized
alien to perform work within the municipality.
C.
Accordingly, if the amount to be paid pursuant
to a contract or grant exceeds five thousand dollars ($5,000.00) by
the municipality, the contracting or grant recipient, as a condition
of the award of contract or grant, shall:
1.
By sworn affidavit and provision
of documentation, affirm its enrollment and participation in a Federal
work authorization program with respect to the employees working in
connection with the contracted services; and
2.
Every such business entity shall
also sign an affidavit affirming that it does not knowingly employ
any person who is an unauthorized alien in connection with the contracted
services; and
3.
The affidavits shall be approved
as to form by the municipal attorney.
D.
A general contractor or subcontractor of any tier shall not be liable under Subsection (B) of this Section when such general contractor or subcontractor contracts with its direct subcontractor who violates Subsection (C)(1) of this Section if:
1.
The contract binding the contractor and subcontractor affirmatively states that the direct subcontractor is not knowingly in violation of Subsection (B) of this Section;
2.
Shall not henceforth be in such violation;
and
3.
The contractor or subcontractor receives
a sworn affidavit under penalty of perjury attesting that the direct
subcontractor's employees are lawfully present in the United States.
E.
Any person signing a contract to work on
the construction of public works for the municipality shall provide
a ten-hour Occupational Safety and Health Administration (OSHA) construction
safety program for their on-site employees, which includes a course
in construction safety and health approved by OSHA or a similar program
approved by the department which is at least as stringent as an approved
OSHA program. All employees who have not previously completed the
program are required to complete the program within sixty (60) days
of beginning work on such construction project.
F.
The contractor to whom the contract is awarded and any subcontractor under such contract shall require all on-site employees to complete the ten-hour training program required under Subsection (E) of this Section.
G.
Any employee found on a work site without documentation of the successful completion of the course required under Subsection (E) of this Section shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project.
H.
If documentation required under Subsection (E) has not been received within the requisite time periods set forth in Subsections (E) and (G), the contractor shall forfeit as a penalty to the municipality:
1.
Two thousand five hundred dollars
($2,500.00) plus one hundred dollars ($100.00) for each employee employed
by the contractor or subcontractor, for each calendar day, or portion
thereof, that such employee is employed without the required training.
2.
The municipality shall withhold and
retain therefrom, all sums and amounts due and owing as a result of
any violation of this Section when making payments to the contractor
under the contract.
I.
In determining whether a violation of Subsection (E) has occurred and whether the penalty under Subsection (H) shall be imposed, the department shall investigate any claim of violation. Upon completing such investigation, the department shall notify the municipality and any party found to be in violation of this Section of its findings and whether a penalty shall be assessed. Determinations under this Section may be appealed in the Circuit Court of St. Louis County.
J.
If the contractor or subcontractor fails to pay the penalty within forty-five (45) days following notification by the department, the department shall pursue an enforcement action to enforce the monetary penalty provisions of Subsection (H) of this Section against the contractor or subcontractor found to be in violation of this Section. If the court orders payment of the penalties as prescribed under Subsection (H) of this Section, the department shall be entitled to recover its actual cost of enforcement in addition to such penalty amount.
