[R.O. 2011 § 145.010; R.O. 2009 § 40.01; CC 1981 § 2-458; Ord. No. 86-2, 1-7-1986]
A. 
The Contract Administrator shall:
1. 
Be responsible for examining all proposed contracts to which the City may be a party and which involve State and/or Federal revenue sharing programs in order to ensure that the City is in compliance with State and/or Federal rules and regulations required thereunder.
2. 
Coordinate contracts to which the City may be a party by acting in conjunction with the various City departments and the City Attorney in preparing such contracts.
3. 
See to it that all terms of any contract to which the City is a party are fully performed by all parties thereto.
[R.O. 2011 § 145.020; R.O. 2009 § 40.02; CC 1981 § 2-484; Ord. No. 86-2, 1-7-1986; Ord. No. 14-243 § 1, 11-18-2014; Ord. No. 15-121 § 1, 6-2-2015]
On all contracts for public work of any kind to be performed for the City, the cost of which is estimated to exceed fifty thousand dollars ($50,000.00), every contractor entering into contract with the City for any such public work shall execute therewith and file in the office of the City Clerk a bond, with good and sufficient sureties to be approved by the City Attorney, in an amount equal to the contract price for such work and conditioned among other things for the faithful performance of the contract, the payment of any and all materials incorporated, consumed or used in connection with the construction of such work and all insurance premiums, both for compensation and for all other kinds of insurance, on the work and for all labor performed in such work, whether by subcontractor or otherwise.
[R.O. 2011 § 145.030; R.O. 2009 § 40.03; Ord. No. 03-89, 4-23-2003; Ord. No. 08-136, 7-3-2008; Ord. No. 14-243 § 1, 11-18-2014]
The City Council may enter into an agreement with the St. Charles County Convention and Sports Facilities Authority to provide for bidding procedures and contract approval procedures for goods and services relating to the construction and operation of the Convention Center, which procedures may differ from the requirements of this Chapter.
[R.O. 2011 § 145.040; R.O. 2009 § 40.04; Ord. No. 06-250, 9-11-2006]
A. 
Any party to a contract for the delivery of goods or services to the City who has any person, employee, independent contractor, subcontractor or otherwise, who that in performance of that contract has any contact with a City employee or City resident or is physically present on City property and that person is required to register with the Chief Law Enforcement Official of the County in which such person resides pursuant to Section 589.400, RSMo., then that person shall register with the City Police Department prior to having any contact with a City employee or City resident or being physically present on City property or on City right-of-way.
B. 
Any registration pursuant to Subsection (A) above shall consist of completion of an offender registration form developed by the Missouri State Highway Patrol. This registration form is available at the City Police Department.
C. 
Any person who violates any of the provisions of Subsection (A) above shall be subject to the penalty set forth in Section 100.150.
D. 
Notice of this Section shall be placed in contracts, bid specifications, requests for proposals and requests for qualifications.
E. 
Any company, employer, independent contractor, subcontractor whose employee violates any Subsection of this Section may be subject to termination of the contract.
[1]
Editor's Note: Former Section 145.050, Festivals, was repealed 2-13-2024 by Ord. No. 24-022. Prior history includes: R.O. 2011 § 145.050; R.O. 2009 § 40.05; Ord. No. 06-218. See now Ch. 680, Regulation of Festivals, Special Events and Performers.
[R.O. 2011 § 145.055; Ord. No. 18-124, 5-15-2018]
A. 
Purpose. This Section establishes the procedures for determining contractor responsibility and eligibility for City construction contracts.
B. 
Authority. The Mayor and the Parks and Recreation Board or their appointed designee shall have the authority to declare a bidder not responsible and eligible for contract award. The determination of non-responsibility shall be made in accordance with the procedures set forth in this Section.
[Ord. No. 22-023, 2-22-2022]
C. 
Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFILIATE
Persons are affiliates of each other if, directly or indirectly, either one (1) controls or has the power to control the other, or a third person controls or has the power to control both. Indicia of control include, but are not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees or a business entity organized following the determination of ineligibility of a person which has the same or similar management, ownership or principal employees as the ineligible person.
BIDDER
A bidder is a person who submits a proposal for a construction contract in accordance with this Chapter, or one (1) who offers to or subcontracts to a person who submits a proposal for a construction contract.
CONTRACTING AUTHORITY
For purposes of this Section, the Contracting Authority is the Mayor and the Parks and Recreation Board or their appointed designees, as the case may be.
[Ord. No. 22-023, 2-22-2022]
DEBARMENT
The disqualification of a contractor for a period of one (1) year or more and until reinstated. A disbarred contractor will not be eligible to receive invitations for bids or requests for proposals or the award of any City construction contract. Disbarment is also applicable to selection of consultants by the City and entry into a contract as a joint venture, contractor, subcontractor, or consultant or subconsultant on City projects. Reinstatement will only be permitted after having fully complied with the terms of the original disbarment.
PERSON
An association, individual, corporation, joint venture, limited liability company, limited partnership, partnership, trust, or other legal entity.
PRINCIPAL
An officer, director, owner, partner, key employee, manager, member or other person within an organizational structure having the authority to obligate the bidder in a contractual relationship.
D. 
Determination Of Responsibility. The Contracting Authority shall make a preliminary determination that a bidder is not responsible and is ineligible to be awarded a contract in accordance with this Chapter.
1. 
A finding of non-responsibility shall be based on the contractor's capability in all respects to fully perform the contract requirements, possession of integrity and reliability which will ensure good faith performance, financial condition, ability to prosecute the work as bid and the past quality of their work, including project superintendence and management, on previous projects for the City.
2. 
Notice of that finding shall be sent to the bidder by certified mail, return receipt requested. The notice shall contain a statement as to the factual basis for the bidder's ineligibility, the length of the ineligibility and an explanation of what the bidder must do to be found eligible to again submit bids on contracts.
3. 
Upon receipt of notice of ineligibility, the bidder may request a hearing in front of the Contracting Authority. The hearing shall be informally conducted and shall provide the bidder or affiliates an opportunity to present any facts which may tend to show that the bidder is in fact responsible.
4. 
Any request for hearing must be postmarked within ten (10) consecutive calendar days of the date of receipt of the notice of ineligibility as evidenced by the return receipt.
5. 
The Contracting Authority shall render a determination within sixty (60) consecutive calendar days of the hearing. The determination shall be sent to all parties by certified mail, return receipt requested. The determination shall set forth the basis for the declaration of ineligibility, the length of ineligibility and the showing required for the bidder to once again be determined eligible to bid on contracts. The determination may affirm, reverse or modify the preliminary determination.
E. 
Ineligibility. During the period of ineligibility a bidder may not participate in any contract with the City. This restriction includes being a subcontractor or supplier to any eligible bidder, as well as submitting a bid in his/her own name.
1. 
If an ineligible bidder enters into any contract to perform work on a City project during the period of ineligibility, the Contracting Authority may issue a new determination of ineligibility, extend the time of ineligibility, or amend the conditions the bidder must comply with in order to be eligible to perform work on future contracts.
2. 
Any eligible bidder who contracts with an ineligible bidder to provide labor or materials on a contract with the City may be declared not responsible and ineligible to bid on future contracts.
3. 
A determination of ineligibility may extend to any affiliate of the bidder who had actual or constructive knowledge of the preliminary determination of ineligibility.
4. 
After the period of ineligibility has expired, the bidder may apply to the Contracting Authority to be declared eligible. The bidder must make that showing which was set forth in the final determination of ineligibility. If the bidder applies for reinstatement but is unable to demonstrate business and financial competency to the Contracting Authority, then the bidder shall continue to be ineligible until the required information is provided.
F. 
Appeal. Review of the Contracting Authority determination is pursuant to Chapter 536, RSMo.
G. 
Debarment. If the Contracting Authority believes that cause exists to suspend or debar a contractor, then the Contracting Authority shall notify the contractor, in writing, of such basis or cause. The decision of the Contracting Authority regarding debarment is not a "contested case" as those words are defined in Chapter 536, RSMo.
1. 
Reasons For Debarment. The Contracting Authority may impose debarment on a person, their named principals or an affiliate for any or a combination of the following reasons:
a. 
Commission of a fraud or criminal offense related to obtaining or performing a government contract;
b. 
Violation of antitrust statutes;
c. 
Commission of embezzlement, theft, forgery, making false statements, or tax evasion;
d. 
Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the contractor;
e. 
Debarment of the contractor by the State of Missouri, another State, the Federal government, or by a political subdivision of the State of Missouri;
f. 
Violations of material contract provisions, which include but are not limited to failure to perform or negligent performance of any term or standard of one (1) or more contracts. The failure to perform caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; or
g. 
An unsatisfactory score of less than sixty percent (60%) on the Construction Contractor Performance Evaluation.
2. 
Period Of Debarment.
a. 
The period of debarment may be five (5) years or more for any reason stated in Subsection (G)(1)(a), (b), (c), (d), (e), (f) and (g) or a score of less than fifty percent (50%) on the Construction Contractor Performance Evaluation.
b. 
The period of debarment may be up to two (2) years for a score of at least fifty percent (50%) but less than sixty percent (60%) on the Construction Contractor Performance Evaluation.
c. 
A rating of unsatisfactory on any element of the Construction Contractor Performance Evaluation will result in an overall unsatisfactory rating irrespective of the overall score. A minimum one-year debarment may be recommended.