Cross Reference — As to taxation and finance, ch. 130.
State Law References — Contracts, §432.070, RSMo.; duplicate copies, §432.080, RSMo.
Article I In General
Article II Architectural, Engineering and Land Surveying Services
[R.O. 2009 §2-241; Ord. No. 860 §1, 6-23-1995]
Every department head, officer, agent and employee of the City are hereby prohibited from accepting, directly or indirectly, from any person to whom any purchase order or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever.
[R.O. 2009 §2-242; Ord. No. 860 §1, 6-23-1995]
In addition to any other duties prescribed by ordinance, all department heads direct, supervise and be responsible for the procurement and acquisition of all materials, supplies, equipment and contractual services required by his/her department which are funded wholly or partially, either directly or indirectly, by City funds.
Items five hundred dollars ($500.00) or less. The department head, without prior authority and without formal bids, may issue purchase orders or acquire in the open market all goods and services with a value of less than five hundred dollars ($500.00). Such acquisition shall be based upon sound procurement principles. Whenever practicable, purchases shall be based upon quotations from two (2) or more vendors. Notwithstanding the foregoing, any and all formal contracts for services or items of equipment purchased by sealed bids must be approved by the Chairman and Board of Aldermen.
Items greater than five hundred dollars ($500.00). A purchase, purchase order or contract in excess of five hundred dollars ($500.00) shall be made or issued and become valid only when approved by the Board of Aldermen who shall have determined that there is sufficient unencumbered balance in the appropriation account of the using agency to fund such purchase, purchase order or contract, except where otherwise provided in the budget.
[R.O. 2009 §2-243; Ord. No. 860 §1, 5-23-1995; Ord. No. 877 §1, 11-28-1995]
Supplies, materials, equipment and contractual services shall be procured only after formal written bids when the value of the proposed procurement is in excess of two thousand five hundred dollars ($2,500.00) or when directed by the Board of Aldermen or required by State law. The procurement of several items of the same type at substantially the same time is a single purchase for the purpose of this Section and the total cost of all of such items will determine whether a formal competitive bidding procedure must be followed. No contract or purchase shall be subdivided to avoid competitive bidding procedures.
Such bids shall be invited through a notice to be published in a newspaper of general circulation in the North County area at least two (2) weeks prior to the date specified for submission of bids. A public notice shall include:
A general description of the item or items to be purchased;
The conditions of such purchase;
The place where specifications and bid forms may be secured;
The time and place for submitting such bids; and
The time and place for acceptance of bids.
The department head will also solicit bids by mailing copies of the specifications and bidding documents to prospective vendors.
All bids for any contract or purchase may be rejected with or without reason and a provision to this effect shall be included in all notices of advertisements.
The department head may advertise for sealed bids for any item for which an appropriation has been made in the annual budget of the City or upon resolution of the majority of the members of the Board of Aldermen.
All bids shall be sealed, shall be identified as bids on the envelope and shall be submitted within the time and at the place stated in the public notice inviting bids. The time of receipt of each bid shall be entered by the receiving employee or the envelope containing such bid.
The department head shall open all bids as soon as practicable after the time to submit bids has expired and shall, in conjunction with the City Clerk, prepare a written summary of all bids prior to the next regular meeting of the Board of Aldermen. All bids received shall be made available for inspection as public records and results of the bidding and awarding of contracts shall be posted in a prominent and public place at the City Hall. Notwithstanding the foregoing, the Board of Aldermen may require a public opening of bids for any purchase or acquisition.
After presentation of the available data, the Board of Aldermen, at a regular or special meeting, shall award the contract to the lowest responsive, responsible, timely bidder for the goods and services to be procured; provided however, the Board of Aldermen shall have the authority to reject all bids.
Subsequent to the award by the Board of Aldermen, the department head shall by purchase order or formal contract enter into an agreement with the bidder selected by the Board of Aldermen for procurement of the goods and services to be provided.
When deemed necessary by the Board of Aldermen, bid deposits may be required. Such deposits may be required to be in the form of a certified check or bid bond and may be for the amount or five hundred dollars ($500.00) or ten percent (10%) of the amount of the bid, whichever is greater. When so required, all bids not accompanied by such deposit shall be rejected. Such bid deposit shall be returned to all bidders upon execution of a contract with, or of a purchase order to, the successful bidder. A successful bidder shall forfeit his/her deposit if he/she fails to enter into a contract within twenty (20) days after the award.
The successful bidder may be required to post a performance bond whenever the same is deemed appropriate by the Board of Aldermen; provided however, such requirement is set forth in the conditions of bidding. Such performance bond may be in the form of a specified amount or a percentage of the value of the proposed purchase. The department head shall establish, in the conditions of bidding, such terms as may be deemed appropriate to protect the interest of the City.
The Board of Aldermen may by resolution approve the negotiated procurement of goods or services in excess of two thousand five hundred dollars ($2,500.00) if there have been no responsive bids to an advertisement for bids or if the Board of Aldermen has rejected all bids.
[R.O. 2009 §2-244; Ord. No. 860 §1, 6-23-1995; Ord. No. 877 §2, 11-28-1995]
Sole Source Items. The Board of Aldermen may by resolution approve negotiated procurement of goods or services of a value in excess of two thousand five hundred dollars ($2,500.00) without requiring formal competitive bids if the Board of Aldermen determines from all information submitted to it by the department head that such goods are of such specialized or non-standard nature that they can be acquired only from a sole source of supply and that no similar standard goods would reasonable satisfy the City's requirements.
Professional Services. When professional services in addition to those provided by the City's officers and employees are required by the City, investigation shall be made in the manner directed or approved by the Board of Aldermen concerning persons or companies who perform the required service. On the basis of such investigation, the Board shall then designate or approve one (1) or more of such persons or companies for negotiation. The Board may then by ordinance approve a contract for the required professional service. Professional services include, but are not limited to, services relating to engineering, architecture, public improvements, tax collections, law, urban planning, accounting, insurance and consultants for other City needs, whenever such expertise is not available from City Officers and employees.
Acquisition Of Real Estate. Real estate shall be acquired by the City only pursuant to a contract authorized and approved by an ordinance enacted by the Board of Aldermen.
Public improvements covered by ordinances of the City shall be contracted for in the manner provided in this Division.
Emergency work or repairs requiring prompt attention, ordinary maintenance work, work to be paid out of the General Fund of the City for which specific provision was made in the budget and work to be paid out of the appropriated proceeds of any bond issue authorized by the vote of the people shall be procured as provided by the provisions of this Division applicable to the type of procurement involved.
Disposition Of Surplus.
All department heads shall report to the Board of Aldermen the existence of any supplies, materials or equipment which are no longer used or which have become obsolete, worn out or unusable.
The department head shall have the authority to transfer surplus supplies, materials and equipment to other department heads or he/she shall have the authority to exchange such personal property on new supplies, materials and equipment acquired in accordance with this Code.
Surplus, unusable or obsolete supplies, materials and equipment whose estimated value is in excess of five hundred dollars ($500.00) shall be sold by formal written contract to the best responsible bidder, after due notice inviting bids as provided for procurement by competitive bids.
Sales of surplus, obsolete or unusable personal property valued at less than five hundred dollars ($500.00) shall be made in the open market and in accordance with the procedure set forth for open market purchases.
[R.O. 2009 §2-245; Ord. No. 860 §1, 6-23-1995]
Except as otherwise provided by the Board of Aldermen, the department head or this Article, it shall be unlawful for any officer or employee of the City other than the department head to purchase materials, supplies or equipment or to enter into contracts for any goods or services and the City shall not be bound by any such purchase order or contract.
[R.O. 2009 §2-246; Ord. No. 860 §1, 6-23-1995]
If any officer of the City shall knowingly violate any provision of this Article, he/she shall be personally liable to the City and liable under his/her bond, if any, for any damages suffered by the City.
[R.O. 2009 §2-250; Ord. No. 660 §5, 9-22-1987]
It is the policy of this City to try to purchase, lease or use products which are manufactured, assembled or produced in the United States and to encourage all other persons to purchase, lease or use such products.
On the purchase or lease of any product for use by the City, the authorized purchasing agent is encouraged to select products manufactured, assembled or produced in the United States if the quality and price are comparable with other goods.
Every contract for construction, alteration, repair or maintenance of any public works shall contain a provision encouraging and requesting the vendor or contractor to use American products manufactured, assembled or produced in the United States in the performance of the contract with the City or any subcontract thereto, whenever the quality and price are comparable with other goods.
Any vendor or contractor shall provide proof of compliance with this Section (Ordinance Number 660) before any payment thereto shall be made. Any vendor or contractor who knowingly misrepresents any material fact to the City concerning the origin of any manufactured goods or commodities shall be guilty of a misdemeanor.
State Law Reference — Senate Bill No. 74, 84th General Assembly.
Cross References — As to buildings and building regulations, ch. 500; as to flood prevention and protection, ch. 410; as to property maintenance code, §500.070; as to land disturbance code, §500.075; as to streets, sidewalks and other public places, ch. 510; as to subdivisions, ch. 405; as to traffic and motor vehicles, Title III; as to zoning, ch. 400.
[R.O. 2009 §2-256; Ord. No. 518 §1(I), 11-22-1983]
It shall be the policy of the City to provide the best architectural, engineering and land surveying services to the City at the best price. It is felt that because of the City's relatively small size and the relatively small size of the public works projects provided each year by the City, that it would be best to contract with an engineering firm for a period of three (3) years so that there would be some continuity in the public works programs established by the City each year.
[R.O. 2009 §2-257; Ord. No. 518 §1(II), 11-22-1983]
Sometime shortly after the first (1st) of the year (January 1984) and every three (3) years thereafter, the City shall request proposals from qualified architectural, engineering and land surveying firms who may be interested in contracting with the City for the following three (3) year period.
The request for proposals shall be published in a newspaper of general circulation in the St. Louis metropolitan area and in such other publications or in such other manner as the Board of Aldermen shall deem advisable. The request shall indicate that the City is requesting proposals for the supplying of architectural, engineering or land surveying services under contract with the City for a three (3) year term and shall set forth the proposed public works projects for the period, either known or reasonably anticipated, and shall set forth the projects completed by the City for the preceding three (3) year period and setting forth the dollar amounts thereof.
[R.O. 2009 §2-258; Ord. No. 518 §1(III), 11-22-1983]
To be considered by the Board of Aldermen for the awarding of a contract, each firm shall meet the following minimum requirements or standards:
Duly authorized to conduct business in the State of Missouri;
Registered with the Missouri Board for Architects, Professional Engineers and Land Surveyors;
Have at least one (1) staff professional assigned for each project;
Any proposal or resume for services, in order to be considered, shall include the following information:
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 States 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;
Outside consultants and associates usually retained;
List of completed projects on which the firm was principal engineer;
Current projects under way and estimated costs of each.
[R.O. 2009 §2-259; Ord. No. 518 §1(IV), 11-22-1983]
The Board of Aldermen shall appoint a screening committee to review any resumes or proposals submitted in response to the City's request for services. The screening shall be performed with the following factors in mind:
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;
Geographic location of the principal offices of the firm.
The screening committee will designate at least three (3) firms who will be requested to present detailed proposals to the City.
[R.O. 2009 §2-260; Ord. No. 518 §1(IV), 11-22-1983]
Firms selected to submit detailed proposals to the City will be asked to provide the following:
A resume of the firm principal who will be responsible to the City;
A resume of the proposed supervisor for various projects contemplated by the City, if those projects are reasonably known;
Resumes of key personnel;
A statement of the ability of the firm to meet required time schedules;
A description of how the firm would expect to deal with the City;
A schedule of hourly rates for various services offered;
A list of municipal references for similar types of projects as contemplated by the City;
Any other pertinent information the firm wishes to present.
Upon receipt of the detailed proposals, the Board of Aldermen shall interview the prospective firms and make the final selection of the firm to act as City Engineer for the City for the following three (3) year period.
[R.O. 2009 §2-261; Ord. No. 518 §1(V), 11-22-1983]
A contract for engineering services shall be executed between the City and the firm selected by the City. The contract shall set forth along with other things the manner and method of compensation to be paid to the firm. If, after reasonable effort, a contract cannot be negotiated between the City and the firm selected, negotiations shall be terminated and the City will begin negotiations with one of the remaining firms.
Each contract entered into by the City shall contain a prohibition against contingent fees as follows: "No firm shall retain a person to solicit or secure a City contract for professional services upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business."
[R.O. 2009 §2-262; Ord. No. 518 §1(VI), 11-22-1983]
The Board of Aldermen may waive any and all aforementioned procedural requirements where it is determined by resolution to be in the best interests of the City.