§ 2-223. Procurement records.  


Latest version.
  • The village clerk shall maintain records sufficient to detail the significant history of the procurement. The records shall include the following contract provisions and conditions:

    (1)

    Contracts other than small purchase shall contain provisions which allow for administrative, contractual, or legal remedies if contractors violate or breach contract terms, and provide for sanctions and penalties as appropriate.

    (2)

    All contracts in excess of $10,000.00 shall provide for termination by the village including the manner in which it will be done and the basis for settlement. The termination clauses shall be for default as well as because of circumstances beyond the control of the contractor.

    (3)

    Contracts and subcontracts in excess of $10,000.00 shall include provisions which require compliance with Executive Order 11246, Equal Opportunity, as amended by Executive Order 11375, and as supplemented in DOL regulations (41 CFR 60).

    (4)

    All contracts and subcontracts in excess of $10,000.00 for construction or repair shall include a provisions for compliance with the Copeland "Anti-Kick-Back" Act (18 USC 874) as supplemented by DOL regulations (19 CFR 3).

    (5)

    All contracts or subcontracts in excess of $2,000.00 for construction or repair shall include a provision for compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by DOL regulations (19 CFR 5).

    (6)

    All contracts or subcontracts in excess of $2,000.00 for construction or repair shall include a provision for compliance with sections 103 and 107 of the federal Contract Work Hours and Safety Standards Act (40 USC 327—330) as supplemented by DOL regulations (19 CFR 5).

    (7)

    Each contract shall include a notice of state requirements and regulations pertaining to reporting and patent rights under any contract involving respect to any discovery or invention which arises or is developed in the course of or under such contract, and of the state requirements pertaining to copyrights and rights in data.

    (8)

    All negotiated contracts except for those awarded under small purchase procedures shall include a provision that makes it possible for the village, HUD, and the Comptroller General of the United States, or any of their duly authorized representatives, to have access to any books, documents, papers, or records of the contractor/firm which are directly pertinent to the contract, for the purpose of making audit examination excerpts and transcriptions. Further, the contract must include a provision that all required records will be maintained by the contractor/firm for a period of three years after the village formally closes out its LCDBG program.

    (9)

    All contracts, subcontracts and subgrants in amounts in excess of $100,000.00 shall contain a provision which requires compliance with the requirements of sections 306 and 508 of the Clean Air Act (42 USC a857 (h) and 33 USC 1368), and Environmental Protection Agency Regulations (40 CFR 15).

    (10)

    Contracts shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-164).

    (11)

    The village will be permitted to require changes, remedies, changed conditions, access and record retention, and suspension of work clauses approved by the state.

(Code 2004, § 19.6; Mo. of 1-14-1999)