PROCUREMENT DEPARTMENT



 
 

Director of Procurement:
David Weidler, CPPO, CPPB
Email: weidledc@kirkwoodmo.org  
Phone: 314-822-5850

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Policies, Rules, Forms & Ordinance

Purchasing Ordinance

ARTICLE VI. PURCHASING

DIVISION 1. GENERALLY

Sec. 2-371. Definitions.

As used in this article, the following terms shall have the meanings ascribed to them:

Contractual services means and includes personal services, all telephone, gas, water, electric light and power services, towel and cleaning services, leases for all grounds, buildings, offices or other space required by the using agency, and the rental, repair or maintenance of equipment, machinery and other city-owned personal property. The term shall not include insurance, professional and other contractual services which are in their nature often unique and not subject to normal competitive bidding.

Cooperating agency means any department, agency, commission, bureau or other unit in the city government not under the direction and control of the city council, or in any other governmental unit whether school district, special authority, other municipality, county or otherwise which cooperates with the city through its director of purchasing in purchasing any items covered by this article.

Director of purchasing means the purchasing agent of the city.

Supplies means and includes all supplies, materials, equipment, commodities and capital outlays.

Using agency means any department, agency, commission, bureau or other unit in the city government using supplies or procuring contractual services as provided for in this article and which shall be under the direction and control of the city council.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-372. Officers to make contract from director of purchasing.

Except as provided in this article, it shall be unlawful for any city officer or officers to make any contract within the purview of this article other than through the director of purchasing. Any purchase order or contract made contrary to the provisions of this article shall not be approved by the city council and the city shall not be bound thereby.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-373. Conflicts of interest.

Any purchase order or contract within the purview of this article in which the director of purchasing or any officer or employee of the city is financially interested, directly or indirectly, shall be void unless the city council waives compliance with this section before the execution of a purchase order or contract. The city council shall waive this section only when the best interests of the city require such action and the laws of the state do not prohibit the transaction. The director of purchasing shall immediately report to the council any information that the director of purchasing has or that comes to his attention that would indicate any such interest either before or after a purchase has been made.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-374. Acceptance of gifts or rebates.

The director of purchasing and each officer and employee of the city is expressly prohibited from accepting, directly or indirectly, from any person to which any purchase order or contract is or might be awarded any rebate, gift, money, or anything of value whatsoever, except where given for the use and benefit of the city.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-375. Requisitions and estimates; emergency requirements; revision of requisitions.

All using agencies, either by or with the authorization of the head of the agency, shall to the extent practicable file with the director of purchasing detailed requisitions or estimates of their requirements of supplies and contractual services in such manner, at such times and for such future periods as the director of purchasing shall prescribe.

(1) Unforeseen requirements. A using agency shall not be prevented from filing in the same manner with the director of purchasing at any time a requisition or estimate for any supplies and contractual services it needs that were not foreseen when the detailed estimates were filed subject to budgetary limitations.

(2) Revision powers. The director of purchasing may examine each requisition or estimate and may suggest revisions as to quality, quantity or estimated cost.

(Ord. No. 7497, §1, 3-13-86; Ord. No. 7962, §§ 1, 2, 4-5-90)

Sec. 2-376. Emergency purchasing procedures.

(a) In the event of an apparent emergency which requires immediate purchase of supplies or contractual services, the chief administrative officer is empowered to authorize the director of purchasing to secure by an open market procedure as provided in this division, at the lowest obtainable price, any supplies or contractual service regardless of the amount of the expenditure. A full report of the circumstances of an emergency purchase shall be filed by the chief administrative officer with the city council and shall be entered into the official records of the council and shall be open to public inspection. In the absence or unavailability of the chief administrative officer, the city comptroller may authorize the director of purchasing to make an emergency purchase.

(b) In the event of an actual emergency and with the consent of the director of purchasing and the approval of the chief administrative officer, the head of any using agency may purchase directly any supplies the immediate procurement of which is essential to prevent delays in the work of the using agency that may affect the life, health or convenience of citizens. The head of the using agency shall send to the director of purchasing a requisition and a copy of the delivery record together with a full written report of the circumstances of the emergency. The report shall be filed with the council and be made a part of the permanent records of the council and be open to public inspection.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-377. Single source purchasing procedure.

The requirement of competitive bids or proposals for supplies may be waived when the Director of Purchasing has determined in writing that there is only a single feasible source for the supplies.

Immediately upon discovering that other feasible sources exist, the Director of Purchasing shall rescind the waiver and proceed to procure the supplies through the competitive processes as described in this article. A single feasible source exists when:

(1) Supplies are proprietary and only available from the manufacturer or a single distributor; or

(2) Based on past procurement experience, it is determined that only one distributor services the region in which the supplies are needed; or

(3) Supplies are available at a discount from a single distributor for a limited period of time. (Ord. 8771, §1, 11-19-98)

Sec. 2-378. Reserved.

Editor's note—Ord. No. 7962, § 3, adopted April 5, 1990, repealed § 2-378 which pertained to information as to funds available to using agency and derived from Ord. No. 7497, § 1, adopted March 13,1986.

Sec. 2-379. Purchase orders required; rejection of nonconforming shipments; approval of invoices.

(a) All purchases of contractual services and supplies made pursuant to this article shall be on such purchase order forms as shall be developed by the director of purchasing, and each purchase order shall reflect salient conditions of the purchases such as description, specification, unit purchase price, aggregate amounts, freight conditions and place of delivery.

(b) A copy of all purchase orders shall be available to the receiving department which will receive the contractual services or supplies purchased, and the receiving department shall reject delivery of any contractual services or supplies which do not conform to the purchase order conditions and specifications.

(c) All invoices for purchases made pursuant to this article shall be approved as being in conformity with the purchase order. Said approval will be made in accordance with procedures established by the city comptroller, and agreed to by the director of purchasing.

(Ord. No. 7497, §1, 3-13-86; Ord. No. 7962, §4, 4-5-90)

Sec. 2-380. Competitive bidding required for purchases or sales of property.

All purchases and contracts for supplies and contractual services, and all sales of personal property which has become obsolete and unusable shall, except as expressly provided in this article, be based wherever possible on competitive bids. (Ord. No. 7497, §1, 3-13-86)

Sec. 2-381. Inspections, tests of goods.

(a) The director of purchasing or the using agencies under the authority of the director of purchasing shall be responsible for ensuring that all supplies and contractual services conform to the specifications set forth in the order or contract.

(b) The director of purchasing shall have the authority to require chemical tests of samples submitted with bids and samples of deliveries which are necessary to determine their conformance with the specifications. In the performance of such tests, the director of purchasing shall have authority to make use of laboratory facilities of any agency of the city or any outside laboratory.

(Ord. No. 7497, §1, 3-13-86; Ord. No. 7962, §5, 4-5-90)

Sec. 2-382. Surplus, report; transfer or sale.

(a) At least annually, all using agencies shall submit to the director of purchasing, at such times and on such forms as the director of purchasing shall prescribe, reports showing stocks of all supplies which are no longer used or which have become obsolete, worn out or scrapped.

(b) The director of purchasing shall have the authority to transfer surplus stock to other using agencies.

(c) The director of purchasing shall have the authority to sell all supplies which have become unsuitable for possible use, or exchange or trade the supplies for new supplies, in accordance with the procedures set forth in this article.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-383. Council approval of contracts; endorsement of director of purchasing required.

No resolution or ordinance shall finally passed approving any contract for supplies or contractual services (except for professional services) unless such resolution or ordinance shall contain the endorsement of the director of purchasing on the face thereof, indicating that proper purchasing procedures have been followed.

(Ord. No. 7497, §1, 3-13-86)

Secs. 2-384—2-397. Reserved.

DIVISION 2. DIRECTOR OF PURCHASING

Sec. 2-398. Office created; appointment; position to be filled from civil service.

There is hereby created the office of director of purchasing, who shall be appointed by the chief administrative officer subject to civil service provisions of this Code, and which office shall be filled in accordance with the civil service provisions of the city whenever a vacancy exists therein.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-399. Bond.

The director of purchasing shall, upon appointment, give an official bond in an amount prescribed by the chief administrative officer, to be approved by the city attorney or be covered by a blanket bond applicable to several employees of the city.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-400. Authority, duties generally.

The director of purchasing shall have the authority and the duty to purchase or contract for all supplies and contractual services needed by any using agency that derives its support entirely or in part from the city. Purchasing procedures as prescribed by this article and such rules and regulations as the director of purchasing, with the consent of the city council, shall adopt for the internal management and operation of the office of the director of purchasing shall be followed. The authority of the director of purchasing to make all purchases for all using agencies shall not be abridged or excepted by any using agency.

(Ord. No. 7497, §1,3-13-86)

Sec. 2-401. Additional powers and duties enumerated.

In addition to the purchasing authority conferred in this article, and in addition to any other powers and duties granted and imposed by this article, the director of purchasing shall:

(1) Procure for the city the highest quality in supplies and contractual services at the least expense to the city.

(2) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.

(3) Recommend and, with the consent of the city council, establish and amend when necessary all rules and regulations authorized by this article and any others necessary to its operation.

(4) Keep informed of current developments in the field of purchasing, prices, market conditions and new products and secure for the city the research done in the field of purchasing by other governmental jurisdictions, national technical organizations and by private businesses and organizations.

(5) Prepare and maintain such forms as are reasonably necessary to the operation of this article.

(6) Prepare and adopt a standard purchasing nomenclature for using agencies and suppliers.

(7) Prepare, adopt and maintain a vendors' catalog file.

(8) Explore the possibility of buying "in bulk" so as to take full advantage of bulk prices and discounts, whether for the city alone or together with cooperating agencies.

(9) Act so as to procure for the city all federal and state tax exemptions to which it is entitled.

(10) Be subject to the direction of the city comptroller and cooperate with all persons within the comptroller's office to secure for the city the maximum efficiency in budgeting and accountability.

(11) Report immediately to the chief administrative officer any vendors who default in their qualifications and any irresponsible bidders and make recommendations to the chief administrative officer for the disqualification of any vendors and bidders from receiving any business from the city for a stated period of time.

(12) Tabulate at the beginning of each fiscal year the items to be purchased by all using agencies as reflected by their approved budgets in order that purchases of items to be used by several using agencies can be properly scheduled and bulk buying employed.

(13) Furnish the chief administrative officer and the city comptroller with such reports as both or either may require from time to time as to activities of the office of director of purchasing, and file monthly with the chief administrative officer a summary of the activities of the office of the director of purchasing.

(14) Post monthly in a conspicuous place in the city hall a notice of the bids which are to be received during the coming month, with a brief description of the items involved and the date and time when bids are to be received, and a brief tabulation of the bids which were received during the prior month.

(15) Keep a permanent file of all written bids received and a memorandum record of all oral bids or proposals received for a period of not less than ten (10) years. All such records, after a period of ten (10) years, may be destroyed.

(16) Through cooperation from and with the advice of department heads of the city, all officers of the city and private citizens appointed by the city council to assist the director of purchasing, classify all the supplies used by the various branches of the city, adopt as standards the minimum number of qualities, sizes and varieties of supplies consistent with the successful operation of the city, and prepare and adopt written specifications of all such standard supplies. All specifications shall be as definite and certain as possible and shall be drawn to permit competition. This requirement, however, shall not apply to noncompetitive types and kinds of supplies.

(17) Require, whenever necessary, that a prospective vendor or bidder furnish a performance or bid bond or deposit.

(Ord. No. 7497, §1, 3-13-86; Ord. No. 7962, §§ 6, 7, 4-5-90)

Sec. 2-402. Supervision of warehouses with inventory-controlled stock.

The director of purchasing shall be in control of and supervise all storerooms and warehouses where an inventory-controlled stock is maintained by the city or any using agency of the city.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-403. Inventories.

The director of purchasing shall maintain a perpetual inventory record of all materials, supplies or equipment stored in the storerooms and warehouses under the supervision of the director of purchasing.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-404. Authority to engage in cooperative purchasing.

The director of purchasing shall have the authority, to the extent permitted by law, to join with other units of government or other governmental agencies or authorities in cooperative purchasing when it would serve the best interests of the city.

(Ord. No. 7497, §1, 3-13-86)

Secs. 2-405—2-419. Reserved.

DIVISION 3. FORMAL PURCHASING AND SALES PROCEDURES

Sec. 2-420. When required.

All supplies and contractual services, except as otherwise provided herein, when the extended cost thereof shall equal or exceed seven thousand five hundred dollars ($7,500.00), shall be purchased by formal written contract from the lowest responsible bidder after due notice inviting proposals. All sales of personal property that has become obsolete and unusable and has an estimated value of seven thousand five hundred dollars ($7,500.00) or more shall be sold by formal written contract to the highest responsible bidder after due notice inviting proposals.

(Ord. No. 7497, §1, 3-13-86; Ord. No. 8668, §1, 11-6-97)

Sec. 2-421. Subdivision of contract to evade requirements of this division prohibited.

No contract or purchase shall be subdivided to avoid the requirements of this division.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-422. Solicitation of bids.

The director of purchasing shall, by certified or registered mail, or in his discretion by first-class mail, solicit sealed bids from at least five (5) responsible prospective suppliers including all suppliers with whom the city has done business within the preceding two (2) years setting forth detailed specifications and all pertinent information necessary for the prospective supplier to file a bid. Prospective suppliers to whom invitations to bid are sent shall be limited to those who are part of the trade group offering commodities and services similar in character to that being purchased. If the director of purchasing is unable to reasonably find five (5) responsible suppLiers, he shall certify that fact to the city comptroller who shall then certify to the director of purchasing a number less than five (5) to whom invitations to bid shall be sent and such lesser number, when sent by the director of purchasing, shall be deemed in compliance with the requirements of this section. The provisions of this section may be waived when the director of purchasing, the agency director involved, and the chief administrative officer agree that following this section's provisions may cause excessive delay, public inconvenience, and/or a significant cost penalty.

(Ord. No. 7497, §1, 3-13-86; Ord. No. 7962, §8, 4-5-90)

Sec. 2-423. Bid deposit; when required, refund, forfeiture.

When deemed necessary by the director of purchasing, or when requested by a using agency or when directed by the city attorney, bid deposits shall be prescribed in inviting bids. An unsuccessful bidder shall be entitled to return of any surety required. A successful bidder shall forfeit any surety required by the director of purchasing upon failure on the bidder's part to enter into a contract within ten (10) days after the award, and the invitation to bid shall so state.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-424. Manner of submission of bids; opening; recommendations to the council.

Sealed bids shall be submitted to the director of purchasing and shall be identified as bids on the envelope. The bids shall be opened in public at the time and place stated in the invitations to bid and in any public notices. After the opening, the director of purchasing shall tabulate all bids received and file a report of the bids with city council, together with the director of purchasing's recommendations as to whom the award shall be made.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-425. Award of contract to lowest responsible bidder.

The city council, upon receiving the tabulation and recommendation of the director of purchasing, shall award the contract to the lowest responsible bidder, but shall have the right to reject any and all bids.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-426. Factors for determination of lowest responsible bidder.

In determining the lowest responsible bidder, the city council shall consider:

(1) The ability, capacity and skill of the bidder to perform the contract or provide the services required.

(2) Whether the bidder can perform the contract or provide the services promptly or within the time specified, without delay or interference.

(3) The character, integrity, responsibility, judgment, experience and efficiency of the bidder.

(4) Whether the bidder is in default on the payment of taxes, licenses or other moneys due the city. This factor alone shall justify disqualification.

(5) The quality and performance of previous contracts or services.

(6) The previous and existing compliance by the bidder with laws, the provisions of this Code and other city ordinances relating to the contract or service.

(7) The sufficiency of the financial resources and ability of the bidder to perform and contract or provide the service.

(8) The quality, availability and adaptability of the supplies or contractual services to the particular use required.

(9) The ability of the bidder to provide future maintenance and service of machines for the use of the subject of the contract.

(10) The number and scope of conditions attached to the bid.

(Ord. No. 7497, §1, 3-13-86)

Secs. 2-427—2-442. Reserved.

DIVISION 4. INFORMAL PURCHASING AND SALES PROCEDURES

Sec. 2-443. When allowed; requirements.

All purchases of supplies and contractual services and all sales of personal property that has become obsolete and unusable for less than the estimated value of seven thousand five hundred dollars ($7,500.00), but equal to or in excess of the estimated value of three thousand dollars ($3,000.00), shall be made upon the basis of at least three (3) written bids from three (3) prospective suppliers of the city or such lesser number as shall be certified by the city comptroller in the event three (3) prospective suppliers shall not exist. The provisions of this section may be waived when the director of purchasing, the agency director involved, and the chief administrative officer agree that following this section's provisions may cause excessive delay, public inconvenience and/or a significant cost penalty.

(Ord. No. 7497, §1, 3-13-86; Ord. No. 7962, §9, 4-5-90; Ord. No. 8668, §2, 11-6-97)

Sec. 2-444. Subdivision of contract to evade requirements of this division prohibited.

No contract or purchase shall be subdivided to avoid the requirements of this division.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-445. Solicitation of bids.

The director of purchasing shall solicit bids by direct mail or telephone request to prospective vendors.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-446. Award to lowest responsible bidder.

The award shall be made to the lowest responsible bidder in accordance with the standards set forth in section 2-426 by the director of purchasing after consultation with the city comptroller and the head of the department in which the using agency operates.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-447. Justification of award to other than low bidder.

When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the director of purchasing and filed with the other papers relating to the transaction.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-448. Award to local bidder; tie bids.

If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. If there shall be no local bidder or more than one (1) local bidder with a low equal bid, the director of purchasing shall award the contract to one of the tie bidders by drawing lots in public.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-449. Reserved.

Editor's note—Ord. No. 7962, § 10, adopted April 5, 1990, repealed § 2-449, which pertained to the director of purchasing's monthly report and its contents and derived from Ord. No. 7497, § 1, adopted March 13, 1986.

Secs. 2-450—2-464. Reserved.

DIVISION 5. OPEN MARKET PROCEDURE

Sec. 2-465. When allowed.

All purchases of supplies and contractual services and all sales of personal property that has become obsolete and unusable for the estimated value of less than three thousand dollars ($3,000.00), but equal to or in excess of the estimated value of one thousand five hundred dollars ($1,500.00), shall be made on the open market without newspaper advertisement and without the procedures prescribed in this article for purchases of more than three thousand five hundred dollars ($3,000.00).

(Ord. No. 7497, §1, 3-13-86; Ord. No. 8668, §3, 11-6-97)

Sec. 2-466. Subdivision of contract to evade requirements of this division prohibited.

No contract, purchase or sale shall be subdivided to avoid the requirements of this division.

(Ord. No. 7497, § 1, 3-13-86)

Sec. 2-467. Bids; award to lowest responsible bidder.

All open market purchases shall, wherever possible, be based on at least three (3) competitive bids which may be either oral or written, and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in section 2-426.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-468. Solicitation of bids.

The director of purchasing shall solicit bids by direct mail request to prospective suppliers, or by telephone, or by such other method as the director of purchasing shall deem appropriate, in order to receive competitive proposals.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-469. Reserved.

Editor's note—Ord. No. 7962, § 10, adopted April 5, 1990, repealed § 2-469, which pertained to records and report to chief administrative officer and derived from Ord. No. 7497, § 1, adopted March 13,1986.

Secs. 2-470—2474. Reserved.

DIVISION 6. PURCHASES AND SALES OF LESS THAN ONE THOUSAND DOLLARS

Sec. 2-475. Bids and proposals not required.

All purchases of supplies and contractual services and all sales of personal property that have become obsolete and unusable for less than the estimated value of one thousand five hundred dollars ($1,500.00) shall be made on the open market without bids or proposals.

(Ord. No. 7497, §1, 3-13-86; Ord. No. 8668, §4, 11-6-97)

Sec. 2-476. Check of market conditions.

The director of purchasing shall from time to time, at least annually, make random checks as to prices being quoted by several competing suppliers for contractual services and supplies.

(Ord. No. 7497, §1, 3-13-86)

Sec. 2-477. Reserved.

Editor's note—Ord. No. 7962, § 10, adopted April 5, 1990, repealed § 2-477, which pertained to the report to the chief administrative officer and its contents and derived from Ord. No. 7497, § 1, adopted March 13,1986.

Secs. 2-478—2-481. Reserved.

DIVISION 7. POLICY AND PROCEDURE FOR THE PROCUREMENT OF ARCHITECTURAL, ENGINEERING, LAND SURVEYING MAINTENANCE SERVICES, AND OTHER PROFESSIONAL SERVICES

Sec. 2-482. Adoption of policy and procedure.

The City does adopt and establish a policy and procedure for the selection and procurement of professional services in accordance with the following provisions.

Sec. 2-483. Implementation of policy.

The Chief Administrative Officer is hereby directed to implement the provisions of the policy set forth herein.

Sec. 2-484. Policy, procedures.

The following shall be the policy and procedures for selecting architectural, engineering, land surveying services, and other professional services (hereinafter referred to as Professional Services) for the City of Kirkwood.

Sec. 2-485. Definitions.

ARCHITECTURAL SERVICES shall mean those services within the scope of practice of architecture as defined by the laws of the State of Missouri, Section 327.091 RSMo.

CITY shall mean the City of Kirkwood.

CITY COUNCIL shall mean the Mayor and Council of the City of Kirkwood.

ENGINEERING SERVICES shall mean those services within the scope of practice of engineering as defined by the laws of the State of Missouri, Section 327.181 RSMo.

FIRM shall mean any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, engineering, or land surveying, or other professional services and provide said services.

LAND SURVEYING SERVICES shall mean those services within the scope of practice of land surveying services as defined by the laws of the State of Missouri, Section 327.272 RSMo.

MAINTENANCE SERVICES shall mean the repair, but not replacement, of existing facilities when the size, type, or extent of the existing facilities is not thereby changed or increased.

OTHER PROFESSIONAL SERVICES shall mean those services of a vocation requiring specialized knowledge and intensive academic or technical training in such fields as land appraisal, urban planning, finance, real estate, and others.

SELECTION COMMITTEE shall mean at least three qualified individuals appointed by the Chief Administrative Officer including the department head of the using department, and the Director of Purchasing who shall oversee and coordinate the selection process and shall serve as the chair of the selection committee. The selection process shall only be instituted under the supervision and direction of the Director of Purchasing who may with the approval of the Chief Administrative Officer establish procedural rules so long as they are not inconsistent with this ordinance or state law.

USING DEPARTMENT shall mean the City department which requested the professional service and be the prime user and oversee the service.

(Ord. No. 8668, §5, 11-6-97; Ord. No. 8767, §1, 11-5-98)

Sec. 2-486. Classes of Services.

Projects will be divided into four classes as follows:

(a) Class A - Services for projects where fees will exceed $10,000; the using department shall select at least five firms to be contacted for an "Expression of Interest". After "Expressions of Interest" are received and reviewed, at least three detailed proposals shall be requested. Request for "Expressions of Interest" and detailed proposals may be combined into a single request.

After reviewing the detailed proposals, the Selection Committee shall make a recommendation to the Chief Administrative Officer. The Chief Administrative Officer shall present the recommendation to the City Council for approval or rejection of the Proposal. The Council has the right to approve or reject any and all Proposals.

(b) Class B - Services for projects where fees are less than $10,000 but more than $5,000; three written proposals are required, when possible. The three written proposals may be solicited by mail or telephone. After reviewing the detailed proposals, the Selection Committee then makes a recommendation to the Chief Administrative Officer for approval or rejection of the proposal.

(c) Class C - Services for projects where fees are less than $5,000 may be made by the director of the using department without soliciting competitive proposals upon approval of the Chief Administrative Officer.

(d) Class D - Maintenance service where the costs are less than 5,000 may be made by the director of the using department without soliciting competitive proposals upon approval of the Chief Administrative Officer.

(Ord. No. 8668, §5, 11-6-97)

Sec. 2-487. General Procedures and Responsibilities.

(a) Expressions of Interest Class A Projects - For Class A service, the using department shall solicit proposals from qualified firms approved by the Selection Committee. The request should invite comments as to the special experience in the project being considered and describe previous experience with similar projects. The Expressions of Interest will be reviewed by the department requesting the services. Factors to be determined in the initial screening will include:

(1) Specialized experience and technical competence with respect to the type of services required.

(2) Quality of services previously performed by the firm for the City.

(3) Past record of performance with respect to cost control, quality of services, and ability to meet schedules.

(4) Community relations including evidence of sensitivity to citizen concerns.

(5) The firms proximity to and familiarity with the area where the project is located.

(b) Detailed Proposals - Firms submitting detailed proposals will provide the information prescribed by the using department. The information shall include:

(1) Project name for which firm is filing.

(2) Name and address of firm.

(3) Previous related experience.

(4) Outside firms or outside personnel to be used on projects.

(5) Brief resume of key persons, specialists.

(6) Special experience in the project being considered.

(7) Any work previously or currently performing for City.

(8) Description of resources.

(Ord. No. 8668, §5, 11-6-97)

Sec. 2-488. Selection.

Upon receipt of the detailed proposals for Class A or B projects, the Selection Committee will review the Proposals; interview the prospective firms, if necessary; and make a recommendation of two firms, best qualified and capable of performing the desired work.

The using department shall negotiate a contract with top firm selected. If a satisfactory contract cannot be negotiated with the top firm, negotiations with that firm shall be terminated with the approval of the Selection Committee. Negotiations may then begin with the second firm. If there is a failing of accord with the second firm, negotiations with such firm may be terminated with the approval of the Selection Committee.

If an agreement cannot be negotiated with the two selected firms, the using department shall re-evaluate the professional services, including scope and fee requirements, and proceed in accordance with this policy.

(Ord. No. 8668, §5, 11-6-97)

Sec. 2-489. Prohibition Against Contingent Fees.

(a) Each contract entered into by the City Council for professional services shall contain a prohibition against contingent fees as follows:

The architect, engineer, or land surveyor (as applicable) warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the architect, engineer, or land surveyor to solicit or secure person, company, corporation, individual, or firm other than a bonafide employee working solely for the architect, engineer, or land surveyor, any fees, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement.

(b) For the breach or violation of the foregoing provision, the City Council 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.

Sec. 2-490. Exceptions.

(a) When, in the opinion of the Chief Administrative Officer, the nature of other professional services is so specialized that there is only a sole supplier of a professional service that can meet the City's needs, the Chief Administrative Officer may select such firm or recommend the Council select such firm. An exception shall be promptly reported to the City Council with an explanation of the reasons therefore.

(b) The City Council in its sole and absolute discretion, may waive any and all aforementioned procedural requirements.

(Ord. No. 8668, §5, 11-6-97)

Secs. 2-491—2-497. Reserved.