[CC 1997 §2.43; Ord. No. 994-73, 7-1-1973; Ord. No.
1110-75, 4-29-1975; Ord. No. 1652-83, 8-17-1983; Ord. No. 1731-84, 6-20-1984; Ord. No. 2743-96, 4-17-1996; Ord. No. 3569-04 §1, 8-18-2004; Ord. No. 3713-06 §1, 1-4-2006; Ord.
No. 3726-06 §1, 2-15-2006; Ord. No. 3727-06 §1, 2-15-2006; Ord. No. 4306-13 §1, 10-16-2013]
A.
No purchase,
purchases or contracts for services of any kind or description, payment
for which is to be made from funds of the City, shall be made by the
purchasing agent, City Manager, or any officer, employee or agent
of the City, except in the manner hereinafter set forth.
1.
To One thousand five hundred dollars ($1,500.00), inclusive. Whenever any contemplated purchase or contract for services is for
the sum to one thousand five hundred dollars ($1,500.00), inclusive,
the City may order the item or items as needed without any further
formality, and final approval of the purchase or contract shall be
by the department director.
2.
One thousand five hundred one dollars ($1,501.00) to five thousand
dollars ($5,000.00), inclusive. Whenever any contemplated
purchase or contract for services is for the sum of one thousand five
hundred one dollars ($1,501.00) to five thousand dollars ($5,000.00),
inclusive, at least three (3) bids for the items or services shall
be solicited. Such solicitations may be orally obtained, and the City
may purchase items or contract for services from the lowest responsible
bidder. Final approval of the purchase or contract shall be by the
department director.
3.
Five thousand one dollars ($5,001.00) to fifteen thousand dollars
($15,000.00) inclusive. Whenever any contemplated purchase
or contract for services is for the sum of five thousand one dollars
($5,001.00) to fifteen thousand dollars ($15,000.00), inclusive, at
least three (3) written bids for the items or services shall be submitted
in bid form. The City may purchase items or contract for services
from the lowest responsible bidder. Final approval of the purchase
or contract shall be by the City Manager.
4.
Fifteen thousand one dollar ($15,001.00) or more. Whenever
any contemplated purchase or contract for services is for the sum
of fifteen thousand one dollars ($15,001.00) or more, there shall
be published in one (1) issue of a newspaper, of general circulation
in the City, a notice inviting bids. Said notices shall be published
at least ten (10) days prior to the date set for the receipt of the
bids. The notice herein required shall include a general description
of the articles to be purchased or services performed and the time
and place for opening bids. In addition, a notice shall be posted
in the City Hall of Hazelwood, Missouri, inviting bids and may also
be mailed to all responsible prospective suppliers of the items to
be purchased or services performed. A copy of the notice shall be
inserted in the newspaper as hereinbefore required. Final approval
of the purchase or contract shall be by affirmative vote of a majority
of the City Council.
5.
Bidding. The City and all parties contracting with the City shall follow the procedure hereinafter set forth in relation to all bids required under Subsections (3) and (4):
a.
All
notices and solicitation of bids shall state the time and place for
opening.
b.
All
bids shall be submitted sealed and shall be identified as bids on
the envelope.
c.
All
bids shall be opened in public at the time and place stated in the
public notice.
d.
A
tabulation of all bids received shall be posted in the City Hall for
public inspection.
e.
The
City shall have the authority to reject any and all bids and parts
of all bids and readvertise or resolicit bids.
f.
Determining lowest responsible bidder. Unless there is an
exercise of the right of rejection, the purchase or contract shall
be made from and with the lowest responsible bidder for any article
or to the lowest responsible bidder for the entire purchase or contract
for any part thereof. In determining the lowest responsible bidder,
the following shall be considered:
(1)
The ability, capacity and skill of the bidder to perform the contract
or provide service required.
(2)
Whether the bidder can perform the contract or provide the services
promptly or within specified time, without delay or interference.
(3)
The quality of performance of previous contracts or services.
(4)
The previous and existing compliance by the bidder with laws and
ordinances of the City.
(5)
The financial resources and ability of the bidder to perform the
contract or provide the service.
(6)
The quality, availability and adaptability of the supplies or service.
g.
Performance bond. The City shall have the authority to require
a performance bond, in cash or otherwise, for such amount as it may
deem sufficient to secure the execution of the contract of furnishing
supplies or services for the best interest of the City.
h.
Emergency purchases. In case of an emergency which requires
immediate purchases of supplies or services and time is of the essence,
the City Manager shall be empowered to authorize or secure the services
needed without complying with procedures as set forth above. A full
report in writing of the circumstances of an emergency purchase shall
be filed by the City Manager with the City Council.
i.
Forms. The City Manager shall prescribe and maintain such
forms as he shall find necessary to the operation of this Section.
6.
Professional services.
a.
This
Section shall not apply to professional services, and the requirements
herein shall not be required in the employment of professional services,
of any professions except engineers, architects and land surveying
services.
b.
In
the procurement of engineering, architectural and land surveying services,
the City shall, in their requests for proposals to secure such services,
set forth a written draft of the scope of desired services and require
the following items:
(1)
A resume of the firm's qualifications and performance data.
(2)
The capacity and capability of the firm to perform the work in question,
including specific services, within the time limitations fixed for
the completion of the project, including full cost proposals.
(3)
Past record of the 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.
(5)
Dates the firm was authorized to conduct business and registered
in the State of Missouri in their particular profession.
c.
After
securing the above information, the City shall determine the firm
considered best qualified and capable of performing the desired work
and negotiate a contract for the project with the firm selected.
d.
If
the City is unable to negotiate a contract with the firm selected,
negotiations with that firm shall be terminated and the City shall
undertake negotiations with another of the qualified firms.
e.
If
there is a failing of contract with the second (2nd) firm, negotiations
with such firm shall be terminated and the City shall undertake negotiations
with a third (3rd) qualified firm.
f.
If
the City is unable to negotiate a contract with the third (3rd) firm,
the City shall reevaluate the necessary architectural, engineering
or land surveying services and once again prepare a list of qualified
firms and proceed in accordance with this Section.
7.
Cooperative purchasing. This Section and requirements herein
shall not apply to purchases made by, through or with the Division
of Procurement of the State of Missouri or in cooperation with another
governmental entity.
8.
Public biddings and auctions. The City may participate in
public biddings and auctions without formal compliance with the requirements
contained herein if such participation is approved by the City Council
and price quotes for comparable items have been previously obtained
and such purchases at public biddings and auctions shall not exceed
the price quotes.
