Cross Reference — As to taxation and finance, ch. 130.
State Law References — Contracts, §432.070, RSMo.;
duplicate copies, §432.080, RSMo.
[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]
A.
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.
1.
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.
2.
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]
A.
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.
B.
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:
1.
A general description of the item or items to be purchased;
2.
The conditions of such purchase;
3.
The place where specifications and bid forms may be secured;
4.
The time and place for submitting such bids; and
5.
The time and place for acceptance of bids.
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The department head will also solicit bids by mailing copies
of the specifications and bidding documents to prospective vendors.
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C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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]
A.
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.
B.
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.
C.
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.
D.
Public Improvements.
1.
Public improvements covered by ordinances of the City shall be contracted
for in the manner provided in this Division.
2.
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.
E.
Disposition Of Surplus.
1.
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.
2.
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.
3.
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.
4.
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]
A.
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.
B.
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.
C.
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.
D.
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.
[1]
State Law Reference — Senate Bill No. 74, 84th General
Assembly.
[1]
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]
A.
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.
B.
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]
A.
To
be considered by the Board of Aldermen for the awarding of a contract,
each firm shall meet the following minimum requirements or standards:
1.
Duly authorized to conduct business in the State of Missouri;
2.
Registered with the Missouri Board for Architects, Professional Engineers
and Land Surveyors;
3.
Have at least one (1) staff professional assigned for each project;
4.
Any proposal or resume for services, in order to be considered, shall
include the following information:
a.
Firm name, address and telephone numbers;
b.
Year established and former firm names;
c.
Types of services for which it is qualified;
d.
Names of principals of the firm and States in which they are registered;
e.
Names of key personnel, with experience of each and length of time
in the organization;
f.
Number of staff available for assignment;
g.
Outside consultants and associates usually retained;
h.
List of completed projects on which the firm was principal engineer;
i.
Current projects under way and estimated costs of each.
[R.O. 2009 §2-259; Ord. No. 518 §1(IV), 11-22-1983]
A.
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:
1.
Specialized experience in the type of work required;
2.
Record of the firm in accomplishing work on other projects in the
required time;
3.
Quality of work previously performed by the firm for the City;
4.
Recent experience showing accuracy of cost estimates;
5.
Community relations including evidence of sensitivity to citizen
concerns;
6.
Geographic location of the principal offices of the firm.
B.
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]
A.
Firms
selected to submit detailed proposals to the City will be asked to
provide the following:
1.
A resume of the firm principal who will be responsible to the City;
2.
A resume of the proposed supervisor for various projects contemplated
by the City, if those projects are reasonably known;
3.
Resumes of key personnel;
4.
A statement of the ability of the firm to meet required time schedules;
5.
A description of how the firm would expect to deal with the City;
6.
A schedule of hourly rates for various services offered;
7.
A list of municipal references for similar types of projects as contemplated
by the City;
8.
Any other pertinent information the firm wishes to present.
B.
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.
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.
B.
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.
