Hallsville Professional Services ordinance (§ 145.060)

A. Policy On Contracts For Architectural, Engineering, Land Surveying Services. It shall be the policy of the City of Hallsville to negotiate contracts for architectural, engineering, and land-surveying services on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable prices.

B. City To Be Furnished Statement Of Firm's Qualifications And Performance Data, Present Provisions Of Law Notwithstanding. In the procurement of architectural, engineering or land-surveying services, the City shall encourage firms engaged in the lawful practice of their professions to annually submit a statement of qualifications and performance data to the City. Whenever a project requiring architectural, engineering or land surveying services is proposed, the City shall evaluate current statements of qualifications and performance data of firms together with those that may be submitted by other firms regarding the proposed project. In evaluating the qualifications of each firm, the City shall use the following criteria:

1. The specialized experience and technical competence of the firm with respect to the type of services required.

2. The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project.

3. The past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules.

4. The firm's proximity to and familiarity with the area in which the project is located.

C. Negotiation Of Contract.

1. The City shall list three (3) highly qualified firms. The City shall then select the firm considered best qualified and capable of performing the desired work and negotiate a contract for the project with the firm selected.

2. For a basis for negotiations, the City shall prepared a written description of the scope of the proposed services.

3. If the City is unable to negotiate a contract with any of the selected firms, the City shall reevaluate the necessary architectural, engineering or land-surveying services, including the scope and reasonable fee requirements, again compile a list of qualified firms and proceed in accordance with the provisions of this chapter.

D. State Law Not Applicable. The City hereby adopts the procedure set forth in this chapter in lieu of the procedures set forth in Sections 8.285 to 8.291, RSMo.

E. Prohibition Against Contingent Fees.

1. Each contract entered into by the Board of Aldermen for professional services 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."

2. For the breach or violation of the foregoing provision, the Mayor and 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.

F. Waiver. The Mayor and Board of Aldermen may waive any and all aforementioned procedural requirements in the best interest of the City.

G. Accounting And Legal Services. Nothing in this Chapter shall be construed as to require competitive bidding for accounting or legal services.

H. Purchasing Of Insurance Policies, Competitive Bidding, When Renewal Between Bidding Periods Deemed Extension. Any other law to the contrary notwithstanding, no contract shall be entered into by the City to purchase any insurance policy or policies unless the contract is submitted to competitive bidding at least every six (6) years and the contract is awarded to the lowest or best bidder. The renewal of any insurance policy during any period between submissions of the contract to competitive bidding shall not constitute a separate and distinct contract for the time covered by the renewal but shall be treated only as an extension of an existing contract.

I. Depository For City Funds, How Selected. Subject to the provisions of Section 110.020, RSMo., the Board of Aldermen, at its regular meetings in July of each year, may receive sealed proposals for the deposit of the City funds from banking institutions doing business within the City that desire to be selected as the depository of the funds of the City. Notice that bids will be received shall be published by the City Clerk not less than one (1) nor more than four (4) weeks before the meeting, in some newspaper published in the City. Any banking institution doing business in the City, desiring to bid, shall deliver to the City Clerk, on or before the day of the meeting, a sealed proposal stating the rate percent upon daily balances that the banking institution offers to pay to the City for the privilege of being the depository of the funds of the City for the year next ensuing the date of the meeting; or, in the event that the selection is made for a less term than one (1) year, as herein provided, then for the time between the date of the bid and the next regular time for the selection of the depository. (similar State Law provision RSMo. §95.280)