[R.O. 1993 § 125.010; Ord. No.
2003-2548 § 1, 7-22-2003]
The City Manager of the City of Aurora, Missouri, or his/her
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.
[R.O. 1993 § 125.020; Ord. No.
2003-2548 § 1, 7-22-2003]
A.
In addition to the purchasing authority conferred in the preceding Section 135.010, 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.
[R.O. 1993 § 125.030; 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 100.220 of the City Code.
[R.O. 1993 § 125.040; Ord. No.
2003-2548 § 1, 7-22-2003]
Each City department or agency shall file with the Purchasing
Agent or his/her 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.).
[R.O. 1993 § 125.050; 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/her
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 135.060, 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.
[R.O. 1993 § 125.060; Ord. No.
2003-2548 § 1, 7-22-2003]
A.
The notice required by the preceding Section 135.050 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/her 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.
[R.O. 1993 § 125.070; Ord. No.
2003-2548 § 1, 7-22-2003]
Bids shall be submitted sealed to the Purchasing Agent or his/her
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.
[R.O. 1993 § 125.080; 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.
[R.O. 1993 § 125.090; 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.
[R.O. 1993 § 125.100; 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.
[R.O. 1993 § 125.101; 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.
[R.O. 1993 § 125.110; 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 135.050 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 fearers 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.
[R.O. 1993 § 125.120; 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/her
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.
[R.O. 1993 § 125.130; 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 (1) 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 135.050. The Purchasing Agent shall make the award when the proposed expenditure is less than or equal to the amount set forth in Section 135.050.
[R.O. 1993 § 125.140; 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 competition.
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 135.140, 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-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.
[R.O. 1993 § 125.150; 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.
[R.O. 1993 § 125.160; 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.
[R.O. 1993 § 125.170; 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 offerer 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.
[R.O. 1993 § 125.180; 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.
