City of Aurora, MO
Lawrence County
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Table of Contents
Table of Contents
Editor's Note — Ord. No. 2003-2547 §1, adopted July 22, 2003, repealed this chapter 125 and Ord. No. 2003-2548 §1, adopted July 22, 2003, enacted the new provisions set out herein. Former chapter 125 derived from Ord. No. 90-2019 §§1 — 2, 6 — 15, 12-10-1990; Ord. No. 92-2093 §1, 12-14-1992.
[Ord. No. 2003-2548 §1, 7-22-2003]
The City Manager of the City of Aurora, Missouri, or his designated person(s) are hereby designated as the City's Purchasing Agent(s). The Purchasing Agent when authorized, shall procure for the City the bids for all supplies and contractual services needed by the City, in accordance with the procedures prescribed by this Chapter or required by law. The City Manager may delegate certain purchasing duties to other staff members.
[Ord. No. 2003-2548 §1, 7-22-2003]
A. 
In addition to the purchasing authority conferred in the preceding Section 125.010, and in addition to any other powers and duties conferred by this or other ordinance, the Purchasing Agent shall:
1. 
Act to 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. 
Keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions, natural technical societies, trade associations, and by private businesses and organizations.
4. 
Prescribe and maintain such forms necessary for the operation of the purchasing function.
5. 
Exploit the possibilities of buying "in bulk" so as to take advantage of discounts.
6. 
Act so as to procure for the City all Federal and State tax exemptions to which it is entitled.
7. 
Recommend to the City Council vendors who default on their quotations as irresponsible bidders and to disqualify them from receiving any business from the Municipality for a stated period of time.
8. 
Inspect or supervise the inspection of all deliveries with regard to quantity, quality and conformance to specifications.
9. 
Pursue all appropriate claims against the supplier, shipper or carrier.
[Ord. No. 2003-2548 §1, 7-22-2003]
The Purchasing Agent and every other officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase 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. Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Section 100.110 of the City Code.
[Ord. No. 2003-2548 §1, 7-22-2003]
Each City department or agency shall file with the Purchasing Agent or his designee a purchase order which identifies in detail the supplies or services needed, the cost for such supplies or services, and how the cost was obtained (i.e. by phone inquiry, catalog, writing, etc.).
[Ord. No. 2003-2548 §1, 7-22-2003]
A. 
When the City negotiates any purchase, sale, or other contract, there shall be provided ample opportunity for competitive bidding in the following manner:
1. 
Purchases up to five hundred dollars ($500.00) may be made by Department Heads without approval of the Purchasing Agent or his designee with due regard to competitive prices and quality on items that have been budgeted. Purchases over five hundred dollars ($500.00) must be approved as hereafter described.
2. 
If the consideration is less than five thousand dollars ($5,000.00), at least three (3) quotations shall be solicited by mail or telephone request from three (3) prospective vendors, from which the lowest quotation with the proper qualifications shall be accepted. A record of the quotations shall be maintained.
3. 
All supplies and contractual services estimated to cost in excess of five thousand dollars ($5,000.00) shall be purchased by formal, written contract from the lowest responsible bidder, after due "notice", as defined by Section 125.060, inviting proposals. Whenever possible, at least three (3) bids should be obtained from prospective, qualified vendors. The City Council shall award the contract or purchase.
4. 
Individual contracts, purchases, or sales, be they for goods, supplies, commodities, or services shall not be excluded from the requirement of competitive bidding hereinabove described.
5. 
Individual contracts or purchases shall not be subdivided for the purpose of evading the requirement of competitive bidding.
[Ord. No. 2003-2548 §1, 7-22-2003]
A. 
The notice required by the preceding Section 125.050, shall consist of the following:
1. 
Notice inviting bids shall be published once in at least one (1) official newspaper of the City at least five (5) days preceding the last day set for the receipt of proposals. The newspaper notice required herein shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
2. 
The Purchasing Agent or his designee shall also solicit sealed bids from all responsible prospective suppliers who have requested their names be added to a "Bidders' List" which the Purchasing Agent shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the "Bidders' List" shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
3. 
The City Clerk shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the City Hall.
4. 
The City Clerk shall also solicit sealed bids by direct mail request to prospective vendors and by telephone as may seem to him/her to be in the best interest of the City.
[Ord. No. 2003-2548 §1, 7-22-2003]
Bids shall be submitted sealed to the Purchasing Agent or his designee and shall be identified as bids on the envelope. They shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be posted for public inspection.
[Ord. No. 2003-2548 §1, 7-22-2003]
A. 
The City reserves the right to reject any or all bids. Contracts shall be awarded to the lowest qualified bidder. Bids shall not be accepted from, nor contract awarded to, a contractor who is in default on the payment of taxes, licenses or other monies due the City. In determining "lowest qualified bidder", in addition to price, the following shall be considered:
1. 
The ability, capacity and skill of the bidder to perform the contract or provide the service required;
2. 
Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
3. 
The character, integrity, reputation, judgment, experience and efficiency of the bidder;
4. 
The quality of performance of previous contracts or services;
5. 
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
6. 
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
7. 
The quality, availability and adaptability of the supplies, or contractual services to the particular use required;
8. 
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
9. 
The number and scope of conditions attached to the bid.
[Ord. No. 2003-2548 §1 7-22-2003]
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 entered upon the journal of the City Council.
[Ord. No. 2003-2548 §1, 7-22-2003]
A. 
If all bids received or the lowest bids received are for the same total amount or unit price, or the local bid is within five percent (5%) of the lowest bid, quality and service being equal, the contract shall be awarded to a local bidder.
B. 
Where there is no local low bidder, the award shall be made based on the recommendation by the City Manager and Department Superintendent.
[Ord. No. 2003-2548 §1, 7-22-2003]
The Purchasing Agent shall have the authority to join with other units of government in cooperative procurement plans when the best interests of the City would be served thereby. Competitive sealed bids or sealed proposals received by any other governmental department shall be the equivalent of bids or proposals received by the City and may be the basis for any procurement by the City.
[Ord. No. 2003-2548 §1, 7-22-2003]
A. 
Purchases of supplies and contractual services which might result in lower prices from a bid process but which are purchased regularly over a period of months may be made in the open market after bids or quotations are taken. Bids or quotations for these types of ongoing purchases may be done by either a per unit cost or some other way so as to obtain appropriate bids or quotations. Notice and award shall be provided as set out in Section 125.050 and depend on the estimated quantity or total dollars to be spent in the budget year.
B. 
Types Of Contracts.
1. 
General authority. Subject to the limitations of this Section, any type of contract which is appropriate to the procurement and which will promote the best interests of the City may be used. The use of a cost-plus-a-percentage-of-cost contract or a cost reimbursement contract may be used only when a determination is made that such contract is likely to be less costly to the City than any other type or that it is impracticable to obtain the supply, service or construction item required except under such a contract and is approved by the City Council.
2. 
Multi-term contracts.
a. 
Specified period. Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting.
b. 
Multi-term contracts shall be expressly contingent upon the annual budgeting and appropriation of sufficient funds on an annual basis.
c. 
When funds are not appropriated or otherwise made available to support the continuation of the City's performance in a subsequent fiscal period, the contract shall be canceled.
3. 
Multiple source contracting. A multiple source award may be made when an award to two (2) or more bidders or offerors for similar supplies or services is necessary for adequate delivery, service or product compatibility.
4. 
Supply source contracting. Supplies purchased from vendors on an ongoing basis with either open purchase orders or monthly invoices are covered under the small purchase section for items under five hundred dollars ($500.00) but any single item over the five hundred dollar ($500.00) limit must comply with the requirements for purchase of items in that Section.
[Ord. No. 2003-2548 §1, 7-22-2003]
A. 
In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Purchasing Agent or his designee may authorize the purchases at the lowest obtainable price. Emergency procurement of supplies, materials, services, professional services and construction items is allowed when there exists a threat to the public health, welfare, or safety; provided that such emergency procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be made and shall set forth the contractor's name, the amount and type of the contract, and a listing of the item(s) procured under the contract.
B. 
In no event shall the contract price exceed commercially reasonable prices. A full explanation of the circumstances of an emergency purchase shall be made in writing and presented to the City Council at the next regularly scheduled meeting.
[Ord. No. 2003-2548 §1, 7-22-2003]
A contract may be awarded without competition when the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that there is only one source for the required supply, service or construction item. The Purchasing Agent shall conduct negotiations, as appropriate, as to price, delivery and terms. The City Council shall make such an award when the proposed expenditure is in excess of the amount set forth in Section 125.050. The Purchasing Agent shall make the award when the proposed expenditure is less than or equal to the amount set forth in Section 125.050.
[Ord. No. 2003-2548 §1, 7-22-2003; Ord. No. 2009-2838 §1, 7-28-2009]
A. 
Intent. All specifications, including, but not limited to, design, performance, combination and brand name specifications, shall be drafted so as to provide a clear and concise description of the material, service or construction desired.
B. 
Preparation. Before any procurement requiring bids, written specifications shall be prepared detailing the City's requirements for the materials, service or construction. The Purchasing Agent may request other departments or agencies of the City to prepare specifications for procurement to be made primarily for such department or agency.
C. 
Approval. Specifications prepared primarily for a procurement for a specific department or activity of the City shall be approved by both the Purchasing Agent and the head of the using department before being submitted for bid.
D. 
Maximum Practicable Competition. All specifications shall be drafted so as to promote overall economy for the purposes intended and encourage competition in satisfying the City's needs and shall not be unduly restrictive. The policy enunciated in this Section applies to all specifications including, but not limited to, those prepared for the City by architects, engineers, designers and draftsmen.
E. 
Brand Name Or Equal Specification.
1. 
Use. Brand name or equal specifications may be used when the Purchasing Agent determines that:
a. 
No other design or performance specification or qualified products list is available;
b. 
Time does not permit the preparation of another form of purchase description, not including a brand name specification;
c. 
The nature of the product, the nature of the City's requirements makes use of a brand name or equal specification suitable for the procurement; or
d. 
Use of a brand name or equal specification is in the City's best interests.
2. 
Designation of several brand names. Brand name or equal specifications shall seek to designate three (3) or as many different brands as are practicable, as "or equal" references and shall further state that substantially equivalent products to those designated will be considered for award.
3. 
Required characteristics. Unless the Purchasing Agent determines that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name or equal specifications shall include a description of the particular design, functional or performance characteristics are required.
4. 
Non-restrictive use of brand name or equal specifications. Where a brand name or equal specification is used in a solicitation, the solicitation shall contain, explanatory language that the use of a brand name is for the purpose of describing the standard of quality performance and characteristics desired and are not intended to limit or restrict completion.
F. 
Brand Name Specification.
1. 
Use. Since use of a brand name specification is restrictive of product competition, it may be used only when the Purchasing Agent makes a determination that only the identified brand name item or items will satisfy the City's needs.
2. 
Competition. The Purchasing Agent shall seek to identify sources from which the designated brand name item or items can be obtained and shall solicit such sources to achieve whatever degree of price competition is practicable. If only one (1) source can supply the requirement, the procurement shall be made under Section 125.130 Sole Source Procurement.
G. 
Construction Safety Training.
1. 
Required. Any person signing a contract to work on the construction of public works for the City of Aurora shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. All employees are required to complete the program within sixty (60) days of beginning work on such construction project.
2. 
Workers to maintain documentation of completion of training. Any employee found on a work site subject to this Section without documentation of the successful completion of the course shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project.
3. 
Violations and penalties. Non-compliance with this Section will be investigated and adjudicated by the Department of Labor and Industrial Relations pursuant to Section 292.675, RSMo.
[Ord. No. 2003-2548 §1, 7-22-2003]
A. 
Authority To Debar Or Suspend. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the City Council, after consulting with the City Attorney may debar a person for cause from consideration for award of contracts. The debarment shall be for a period of not more than two (2) years. The City Council may suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The causes for debarment include:
1. 
Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;
2. 
Conviction under State or Federal Statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a City contractor.
3. 
Conviction under State and Federal anti-trust Statutes arising out of the submission of bids or proposals.
4. 
Violation of contract provisions, as set forth below, of a character which is regarded to be so serious as to justify debarment action:
a. 
Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
b. 
A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one (1) or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment.
5. 
Any other cause the City Council determines to be so serious and compelling as to affect responsibility as a City contractor, including debarment by another governmental entity for any cause listed in this policy.
B. 
Decision To Debar Or Suspend. The City Council shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken.
[Ord. No. 2003-2548 §1, 7-22-2003]
A. 
Generally. Although the appropriate authority shall endeavor to obtain the highest quality professional services at the least expense, the provisions of this Chapter shall not apply to the procurement of professional services, including but not limited to that of professional engineers, consultants, certified public accountants, auditors, attorneys and judges.
B. 
Miscellaneous Exemptions. A contract for materials, professional services or services may be awarded without competition if the City Council determines that one (1) or more of the following conditions exists:
1. 
There exists only one (1) responsible source;
2. 
Although there exists more than one (1) responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City's financial interests or will substantially impede the City's administrative functions or the delivery of services to the public;
3. 
A particular material or service is required to maintain interchangeability or compatibility as a part of an existing integrated system;
4. 
A particular material, professional service or service is required in order to standardize or maintain standardization for the purpose of reducing financial investment or simplifying administration;
5. 
The material is perishable;
6. 
The material qualifies as an object of fine art;
7. 
A particular material is required to match materials in use so as to produce visual harmony;
8. 
A professional advisor or consultant prescribes a particular material;
9. 
A particular material is required to enable use by a specific individual;
10. 
The material, professional service, or service is the subject of a change order.
C. 
Construction Change Orders.
1. 
One (1) or more change orders to an existing construction contract which do not exceed a cumulative cost of fifteen percent (15%) of the original contract awarded pursuant to an invitation for bids or request for proposals may be executed as long as funds are available.
2. 
Any construction change order which authorizes a new improvement under a construction contract may be executed when:
a. 
The new improvement is required for the completion of an improvement which is currently under construction pursuant to a competitive bidding or competitive proposal process;
b. 
The new improvement results from the discovery of differing or unforeseen physical conditions at the site of the improvement under construction and is required for the completion of the improvement under construction; and
c. 
An administrative finding has been made by the Purchasing Agent that it would be in the City's best interest to negotiate with the on-site contractor for the construction of the new improvements after recommendation of the engineer or architect.
3. 
Every contract modification, change order or contract price adjustment in excess of fifteen percent (15%) of the original contract amount under a construction contract with the City shall be subject to prior approval by the City Council after receiving a report from the City Manager as to the effect of the contract modification, change order or contract price adjustment on the total project budget or the total contract budget.
[Ord. No. 2003-2548 §1, 7-22-2003]
When deemed necessary by the Purchasing Agent, bid bonds, performance bonds or payment bonds, cash or other equivalent security shall be required to protect the City's interests. Any such requirements shall be set forth in the solicitation. A surety company or recognized lending agency shall provide the surety in a form satisfactory to the City. Unless a specific extension is granted in writing, a successful bidder or offeror shall forfeit any bond or equivalent security required by the Purchasing Agent or this Section upon its failure to enter into a contract within fifteen (15) days after the award.
[Ord. No. 2003-2548 §1, 7-22-2003]
City equipment that is deemed no longer operable or is obsolete may be disposed of through a competitive bid process with notice as outlined earlier in this policy, by public auction, trade-in on newer equipment or in any other way as approved by the City Council.