[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; Ord. No. 4914-22, 8-17-2022]
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 five thousand dollars ($5,000.00), inclusive. Whenever any contemplated
purchase or contract for services is for the sum to five thousand
dollars ($5,000.00), 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.
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 proposals for the items or services shall be submitted.
The City may purchase items or contract for services from the lowest
responsible proposer. Final approval of the purchase or contract shall
be by the City Manager.
3.
Fifteen thousand one dollars ($15,001.00) to thirty-five thousand
dollars ($35,000.00), inclusive. Whenever any contemplated purchase
or contract for services is for the sum of fifteen thousand one dollars
($15,001.00) to thirty-five thousand dollars ($35,000.00), inclusive,
at least three (3) written bids for the items or services shall be
submitted. The City may purchase items or contract for services from
the lowest responsible proposer. Final approval of the purchase or
contract shall be by the City Manager.
4.
Thirty-five thousand one dollars ($35,001.00) or more. Whenever any
contemplated purchase or contract for services is for the sum of thirty-five
thousand one dollars ($35,001.00) 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 Subsection (A)(4):
a.
All bids shall be submitted sealed and shall be identified as bids
on the envelope.
b.
All bids shall be opened in public at the time and place stated in
the public notice.
c.
A tabulation of all bids received shall be posted in the City Hall
for public inspection.
d.
The City shall have the authority to reject any and all bids and
parts of all bids and readvertise or resolicit bids.
e.
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 the
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.
f.
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. The City Manager
may waive the requirement for bidders to post a performance bond if
the City Manager determines it is in the best interest of the City
to do so after taking into account the nature and scale of the goods
or services at issue, the available sources for such goods and services,
and the risk to the City in a given instance.
g.
Emergency Purchases. In the 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.
h.
Forms. The City Manager shall prescribe and maintain such forms as
he/she 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 State of Missouri
or in cooperation with another governmental entity. The City may approve
a purchase from outside the cooperative if it matches the price and
specifications posted by the cooperative.
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.
