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BULLET St. Louis City Revised Code Chapter 5.58 Supply Purchase Procedures

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 5.58
Supply Purchase Procedures

Sections:

5.58.010 Supply division to purchase all supplies--Exceptions.
5.58.015 Cooperative or joint purchasing programs--Supply Commissioner authorization.
5.58.020 Advertisement--Deposits by bidders.
5.58.030 Proposal blanks.
5.58.040 Opening bids.
5.58.050 Contract approval--Purchases without advertising--Unsuccessful bidder's check return.
5.58.060 Successful bidder certified check.
5.58.070 Warrant.
5.58.080 Failure to fulfill contract.
5.58.090 Advertisements for food, drugs and fuel.
5.58.100 Perishable articles.
5.58.110 Requisition for supplies not contracted.
5.58.120 Purchase of fire engines and other apparatus.
5.58.130 Purchase of vehicles.
5.58.140 Examination of articles--Memorandum.
5.58.150 Approval of purchases.
5.58.160 Bonds for performance of contracts--Delivery--Packaging.
5.58.170 Declining bids.

Cases:

City held not estopped from alleging that contract for purchase of coal screenings was not properly executed under city charter and statute. West Virginia Coal Co. v. City of St. Louis, 25 S.W. 2d 466 (1930). (Chapter)

5.58.010 Supply division to purchase all supplies--Exceptions.

A. The supply division shall purchase all supplies for all departments, boards or offices, exclusive of material for public work or improvements, according to standards and specifications, if any, adopted or prepared by the Board of Standardization and by advertising for proposals therefor.

B. Each solicitation to bid and the method of describing the items to be bid upon of any goods or commodities sought to be purchased by the Office of Supply Commissioner, and any contract entered into by and on behalf of the City and executed by the Mayor and/or the Comptroller of the City wherein the construction, alteration, repair or maintenance of any public works is the subject of the contract so executed, shall contain a provision that the goods or commodities furnished or used in the furtherance of said project by any contractor or subcontractor, manufacturer or supplier as the case may be, shall be manufactured, assembled or produced in the United States, and said requirement as defined above shall be stated in said bid.

C. The provision of Section 5.58.010 shall not apply in the following instances:

1. Where the item purchased as the contract entered into for repairs or renovation is less than one thousand dollars ($1,000.00);

2. Where a particular good or product is not manufactured, assembled or produced in the United States;

3. Where the acquisition of United States manufactured or produced goods would increase the cost by more than ten percent (10%).

D. The certificate required by this section shall specify the nature of the contract, the product being purchased or leased, the names and addresses of the United States manufacturers and producers contacted by the Commissioner or the project architect or engineer, and an indication that such manufacturers or producers could not supply sufficient quantities or that the price of the products would increase the cost of the contract by more than ten percent (10%).

E. No public agency may authorize, provide for, or make any payment to any vendor or contractor upon any contract in violation of subsection B of this section. Prior to the awarding of the bid and before any public agency authorizes, provides, or makes payment to any vendor or contractor upon any contract to which subsection B or G of this section applies, the vendor or contractor shall provide proof of compliance with subsection B of this section, and, if applicable, subsection G of this section. Any vendor or contractor who knowingly misrepresents any material fact to the public agency concerning the origin of any manufactured goods or commodities shall be guilty of a Class A misdemeanor.

F. Subsections B through G of this section shall apply only to contracts and subcontracts entered into after the effective date of this act [July 20, 1990] and shall not limit the use or supply of manufactured goods or commodities purchased or leased prior to the effective date of this act [July 20, 1990].

G. Nothing in subsections B through this subsection of this section is intended to contravene any existing treaty, law, agreement, or regulation of the United States. All contracts under subsections B through this subsection shall be entered into in accordance with existing treaty, law, agreement, or regulation of the United States including all treaties entered into between foreign countries and the United States regarding export-import restrictions and international trade and shall not be in violation of subsections B through this subsection of this section.
(Ord. 62037 1--6, 1990: prior: 1960 C. 86.010: 1948 C. Ch. 23 113.)

Charter:

Art. XV 29 How supplies purchased

City Counselor Ops.: 8010, 8925

5.58.015 Cooperative or joint purchasing programs--Supply Commissioner authorization.

A. Subject to the applicable provisions of the Charter of the City of St. Louis, the Supply Commissioner, on behalf of the City of St. Louis, is hereby authorized to participate in cooperative or joint purchasing programs of other governmental entities, including, but not limited to, the state of Missouri Cooperative Procurement Program and the federal General Services Administration supply schedules authorized by the Electronic Government Act of 2002, for the purchase of supplies under and in accordance with purchase agreements established by other governmental entities, and to enter into cooperative purchase memberships and cooperative purchase agreements with other governmental entities as may be required for such purchasing.

B. Notwithstanding the provisions of any other ordinance, the Supply Commissioner, with the approval of the Board of Standardization and subject to the provisions of subsection C of this section, is authorized to participate in the joint or cooperative purchasing programs of other governmental entities, including, but not limited to, the state of Missouri Cooperative Procurement Program and the federal General Services Administration supply schedules authorized by the Electronic Government Act of 2002, as follows:

1. To utilize purchase agreements established by other governmental entities under their joint or cooperative purchase programs as separate bids for the purchases of specific items in bidding processes conducted by the Supply Commissioner; and

2. To purchase City supplies directly from purchase agreements established by other governmental entities under their joint or cooperative purchasing programs for which advertising and bidding has been conducted through such governmental entities.

Bid deposits and separate purchase contracts shall not be required for supply purchases by the Supply Commissioner under joint or cooperative programs of other governmental entities as authorized herein.

C. The Supply Commissioner is authorized to utilize purchase agreements established by other governmental entities under cooperative or joint purchasing programs as authorized by this section only if the following requirements are met:

1. The purchase agreement was established in accordance with the bidding and advertising requirements of the Charter of the City of St. Louis;

2. The purchase agreement was established in accordance with the laws and regulations applicable to the establishing governmental entity; and

3. The purchase agreement provides for the lowest and best price.

D. Nothing contained herein shall require the Supply Commissioner or the Board of Standardization to participate in any joint or cooperative purchasing program of another governmental entity or to utilize any cooperative agreement to purchase supplies. The Supply Commissioner is authorized to reject any and all bids received through the participation in any cooperative or joint purchase program.
(Ord. 65884 1--4, 2003.)

5.58.020 Advertisement--Deposits by bidders.

Advertisements for proposals shall state fully the quantity and quality of all articles needed, the time and place fixed for opening proposals and the Supply Commissioner may, by the advertisement, require every bidder to deposit with the Supply Commissioner a check certified to by some bank or trust company in the City, payable to the order of the Treasurer of the City, for an amount of money the Supply Commissioner deems sufficient to secure the proper execution of the contract or contract and bond for furnishing supplies for which proposals are solicited, or to secure the furnishing of supplies not under formal contract and in a manner satisfactory to the Supply Commissioner.
(1960 C. 86.020: 1948 C. Ch. 23 114.)

City Counselor Ops.: 8925

5.58.030 Proposal blanks.

The Supply Commissioner shall furnish to each bidder a printed blank for his proposal, whereon the bidder shall state the quantity, quality and price of the article to be furnished. In specifying the quantity and quality thereof he shall recite the requirements of the advertisement, and any bidder may make his proposal for any one article named in the advertisement. Bids shall be sealed.
(1960 C. 86.030: 1948 C. Ch. 23 115.)

5.58.040 Opening of bids.

Proposals shall be opened at the time and place fixed by the advertisement, in the presence of such bidders as desire to be present, and shall be open to the inspection of bidders. The bids shall not be materially modified or amended as to price, specification or otherwise, nor substitutions placed thereon, after opening. Modification, supplementation or amendment shall cause rejection of the bid. Bids may be for one or more or all the articles advertised for, but there shall be a specific bid on each article. The award may be made to the lowest bidder for any article, or to the lowest bidder for the entire requisition or any part thereof, but the Board of Standardization may reject any or all bids or any part of any bid.
(Ord. 56716 1, 1974: 1960 C. 86.040: 1948 C. Ch. 23 116.)

City Counselor Ops.: 9234

5.58.050 Contract approval--Purchases without advertising--Unsuccessful bidder's check return.

Whenever a formally executed contract for the furnishing of supplies shall be required by law, the contract shall be approved by the Board of Standardization before it shall become binding upon the City. The Supply Commissioner may, subject to the provisions of the Charter, contract for supplies in any amounts or for any periods as may be approved by the Board of Standardization. In cases of emergency, to be determined by the Board of Standardization, purchases may be made without advertising. When the contract or the contract and bond for furnishing the supplies for which the proposals were solicited shall have been fully executed according to law, or when the furnishing of supplies shall have been awarded, the Supply Commissioner shall return to every unsuccessful bidder the check by him deposited as hereinbefore provided.
(1948 C. Ch. 23 117: 1960 C. 86.050.)

City Counselor Ops.: 8684

5.58.060 Successful bidder certified check.

The Supply Commissioner shall, upon awarding the contract for furnishing supplies, or the furnishing of supplies not under formal contract, deliver the certified check deposited by the successful bidder to whom the contract for furnishing shall have been awarded, to the City Treasurer, who shall receive and credit the amount so deposited to the account of "contracts and other deposits fund," and shall issue duplicate receipts therefor, specifying the date, amount of money received and from whom, upon account of what proposal; and the authority of this chapter. One receipt shall be delivered to the Comptroller, and one to the Supply Commissioner, each conditioned that if the bidder shall fully execute according to law the contract or the contract and bond requisite for the furnishing of the supplies awarded to him, or when supplies are to be furnished not under formal contract shall furnish the supplies and in a manner satisfactory to the Supply Commissioner, then the Treasurer shall repay to the successful bidder or his order the amount deposited on the surrender to the Treasurer of the warrant required in this chapter to be issued to every successful bidder.
(1948 C. Ch. 23 118: 1960 C. 86.060.)

5.58.070 Warrant.

When the contract or the contract and bond requisite for furnishing supplies shall have been fully executed according to law, or when supplies to be furnished not under formal contract shall have been furnished and to the satisfaction of the Supply Commissioner, the Supply Commissioner shall issue to every successful bidder who shall have made the required deposit, an order directing the Comptroller to deliver to the party named in the Supply Commissioner's receipt a warrant directing the Treasurer to pay to such party the amount stated in the receipt.

The Comptroller, upon surrender to him of the Supply Commissioner's order, shall draw a warrant directing the City Treasurer to pay to the order of the party named in the Supply Commissioner's order the amount therein stated. The City Treasurer shall, upon the surrender of the warrant, pay to the order of the successful bidder the amount therein stated.
(1948 C. Ch. 23 119: 1960 C. 86.070.)

City Counselor Ops.: 8010

5.58.080 Failure to fulfill contract.

If a bidder shall have been awarded a contract for furnishing supplies, but shall fail to execute the contract or the contract and bond according to law, the Treasurer shall, upon notification from the supply commissioner to that effect, retain the amount deposited by the bidder. Or, if a bidder shall have been awarded the furnishing of supplies not under formal contract, but shall fail to fully furnish the same according to the terms of the proposal and bid and to the satisfaction of the Supply Commissioner, the Treasurer shall, upon notification from the Supply Commissioner to that effect, retain the amount deposited by such bidder, and the amount so retained shall be recovered into the general fund of the Treasurer.
(1948 C. Ch. 23 120: 1960 C. 86.080.)

5.58.090 Advertisements for food, drugs and fuel.

When the Board of Standardization deems it necessary and proper and to the best interest of the City, the Supply Commissioner shall advertise for proposals and enter into contracts on the part of the City for furnishing, for a period not to exceed one year, all fuel, milk, ice, meat, butter, lard, fish, eggs, poultry, bread, gasoline, flour, corn meal, hay. corn, oats, ground feed, and all groceries and drugs not otherwise contracted for as may be needed for the use of all City offices and all other departments of the City, the articles to be delivered as required, from time to time, at the different institutions and departments of the City, and he shall require a good and sufficient bond for the faithful performance of such contracts, which shall be approved by the Comptroller.
(Ord. 47423 1, 1955: 1948 C. Ch. 23 121: 1960 C. 86.090.)

5.58.100 Perishable articles.

All perishable articles, such as fruit and vegetables, that may be required for the use of the hospitals, infirmary and workhouse shall be purchased by the Supply Commissioner, at the best possible rates, on the requisition signed by the proper officer in charge of the named City departments. All such purchases shall be approved by the Comptroller before they shall be binding on the City.
(1948 C. Ch. 23 123: 1960 C. 86.100.)

5.58.110 Requisition for supplies not contracted.

Whenever any institution or department of the City, through the officer in charge thereof, shall make a requisition on the Supply Commissioner for any articles for which there shall be no contract as provided for in Section 5.58.090 and when the amount to be purchased shall exceed the sum of seven thousand dollars for any one article, and when the delivery of same is not to be continuous, the Supply Commissioner shall advertise for proposals for the furnishing of such articles, and the award on such proposals shall be approved by the Comptroller, the same as is provided for in Section 5.58.150; provided that when any article shall be purchased by the Commissioner as provided for above, and the delivery of the same is to be completed after thirty days, he shall enter into contract for same as is provided for in Section 5.58.160.
(Ord. 59582 1, 1985: Ord. 47423 2, 1955: 1948 C. Ch. 23 124: 1960 C. 86.110.)

City Counselor Ops.: 8077

5.58.120 Purchase of fire engines and other apparatus.

The Supply Commissioner shall purchase the engines and other apparatus for the suppression or extinguishment of fire and the protection of life and property that may be needed by the Fire Department, when the purchase of such articles is recommended by the Chief of Fire Department and approved by the Mayor; provided, however, the Board of Aldermen shall have by ordinance provided for and appropriated the funds to meet such purchase.
(1948 C. Ch. 23 126: 1960 C. 86.120.)

City Counselor Ops.: 8077

5.58.130 Purchase of vehicles.

The Supply Commissioner shall purchase all motor and other vehicles, horses, mules, wagons, carts and ambulances that may be needed for the several institutions or departments of the City; provided, that before making the purchases, the requisitions for same shall be signed by the officer in charge of the Department where the articles are needed and approved by the Mayor.
(1948 C. Ch. 23 127: 1960 C. 86.130.)

City Counselor Ops.: 8077

5.58.140 Examination of articles--Memorandum.

It shall be the duty of the Supply Commissioner to examine personally the articles that have been purchased by him, and delivered to the several institutions or departments of the City, and to ascertain if the articles are of the standard kind and quality as required by the terms of sale. If he shall find inferior articles have been delivered, he shall at once reject all such articles and shall not certify the bill for the same for payment, and report all the facts to the Mayor.

It shall be the duty of the Supply Commissioner whenever supplies of any sort are furnished to any institution or department of the City government, to send with the supplies a memorandum, stating the quantity, quality, weight or measure and price of each article sent, which memorandum shall be returned to the Supply Commissioner with the indorsement thereon of the Superintendent or other person in charge of the department or institution as to its correctness, except in respect to the price thereof. The Supply Commissioner shall keep all such memorandums or receipts as vouchers for any payment he may make either for goods purchased in the open market or under advertisement.
(1948 C. Ch. 23 128: 1960 C. 86.140.)

5.58.150 Approval of purchases.

It shall be the duty of the Supply Commissioner to approve, if correct, all purchases for supplies furnished the City, whether purchased under any contract with the City or otherwise. If a purchase is made under any contract, the Supply Commissioner shall state on the bill of purchase the date of the contract and the date of the approval by the mayor. If the purchase is not made under any contract, it shall be approved by the Comptroller, and a certified copy of the requisition for the articles mentioned in such bill shall be attached to the same. The Comptroller shall not audit and allow any bills for supplies unless the foregoing provisions are complied with.
(1948 C. Ch. 23 129: 1960 C. 86.150.)

City Counselor Ops.: 7927

5.58.160 Bonds for performance of contracts--Delivery--Packaging.

The Supply Commissioner may require all parties contracting through his department to give good and sufficient bond for the faithful performance of the contracts, to be approved by the Mayor. All contracts shall contain a clause that the articles to be furnished are to be delivered to the various City institutions or departments free of charge for transportation, and that the City shall allow no charge for packages.
(Ord. No. 68297, 1, 2-16-2009: prior: 1948 C. Ch. 23 130: 1960 C. 86.160.)

5.58.170 Declining bids.

When the Supply Commissioner finds any party engaged in selling or delivering any article to the City who has failed or refuses to comply with the terms of his contract or agreement, or when a party fails to make restitution to the City for any loss the City has met by failure or neglect on his part to comply with the terms of his agreement, then the Supply Commissioner, with the consent and approval of the Mayor, shall decline to receive any further bids from such party for any articles to be furnished to the City.
(1960 C. 86.170: 1948 C. Ch. 23 131.)

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