City of Camdenton, MO
Camden County
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Table of Contents
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Ordinance 2565-15
Created: 2015-12-30|Updated: 2015-12-30
Amend Code, Title I; Government Code by deleting Chapter 120: Procurement Policy in its entirety and in lieu thereof inserting new Chapter 120: Procurement Policy

Section 120.010 Purchasing and Sales Policy.

[Ord. No. 2565-15 §1, 9-15-2015[1]]
A. 
Purchasing And Sales Policy.
1. 
Purpose. The purpose of this Chapter is to establish guidelines regarding purchases made by the City and the sale of City property in order to maximize the value realized for each public dollar spent and for public property.
2. 
Applicability. This Chapter is applicable to all purchasing for the City regardless of the source of funds used for the purchase and the sale of any City property outside the scope of ordinary services. With the exception of Federal forfeiture funds which are managed by the Chief of Police and may be utilized to acquire any authorized items or services, the Police Chief will additionally comply with the latest copy of the Guide to Equitable Sharing for State and Local Law Enforcement Agencies published by the United States Department of Justice.
3. 
Basic goals. The basic goals of the City are:
a. 
To comply with all applicable Federal, State and local legal requirements.
b. 
To assure vendors and buyers that impartial and equal treatment will be afforded to all who wish to do business with the City.
c. 
To maximize the value realized for each public dollar spent and for public property.
d. 
To obtain goods and services at the time and place needed in the proper quantity and quality.
e. 
To sell or lease property that is no longer necessary or useful to the City and that can be better used by the private sector.
If the procedures and guidelines established in this Chapter are followed, each department should efficiently manage, control and plan its available resources to meet present and future departmental needs and help the City meet its goals.
B. 
Definitions. The following terms shall be defined as stated for purposes of this Chapter:
APPROPRIATION
The legal authorization of monies for anticipated or incurred expense.
AUTHORIZED PURCHASER
An approved employee of the City who has been nominated by a Department Director and appointed by the City Administrator to make purchases at a specified monetary level on behalf of the City. The Deputy City Clerk shall maintain the list of authorized purchasers as supplied by the Department Directors.
BUDGET
A document which sets forth proposed revenues and expenses to be incurred during a fiscal year for the various City operations.
CONSTRUCTION
The process of building, altering, repairing, improving or demolishing any public structure or facility or other public improvement of any kind.
CONTRACT
A legally binding promise enforceable by law and, generally, in writing.
COOPERATIVE PURCHASING AGREEMENT
A legally binding contract approved by the Board of Aldermen entered into by the City, the United States of America, the State of Missouri or any of the subordinate agencies or departments and any other approved organization which manages a cooperative purchasing program to obtain goods and services at the most advantageous price for its members and the City specifically.
COST COMPARISONS
An informal analysis of the amounts paid or requested for a product or service accomplished through personal contact, printed or digital media.
DEPARTMENTS
Includes administration, police, fire, water, wastewater treatment plant, street, airport, and parks and recreation.
EXISTING PURCHASING CONTRACT
A contract previously entered into by the City and currently existing, including, but not limited to, a term-and-supply contract, an annual contract, a maintenance contract and a warranty contract.
FORMAL WRITTEN BID
A competitive bid which must be submitted in response to an advertised request in a prescribed format pursuant to applicable instructions, including typically that the bid be submitted in a sealed envelope to be opened in public at a specified time.
ITEM
A product, material or service.
OPEN MARKET SALE
The sale of an item of property in a market in which any buyer or seller may trade and in which prices and product availability are determined by free competition.
MATERIAL VALUE
The value of an item to be purchased or sold, to be determined in the first instance by the Department Director.
PROCUREMENT
Purchasing, renting, leasing or otherwise acquiring any supplies, services, property or construction, including performance of any necessary functions such as writing specifications, selection and solicitation of sources, preparation and award of contract and contract administration.
PURCHASE ORDER
An offer to make a contract between the City and a vendor. The contract is not binding until it is accepted by the vendor.
QUOTATION
A statement of price, terms of sale and description of property, goods or services offered by a vendor to a prospective purchaser by digital communication, letter, fax, telephone or other means of communication. A quotation (or quote) is not required to be in writing from the vendor; however, some written memorandum of the elements listed above must be maintained.
REQUISITION
An internal document by which a department sends details of supplies, services or material required to the Administration Department, including documentation of authority to commit funds for the purchase.
SCOPE OF SERVICES
A detailed description of the tasks to be performed.
SPECIFICATIONS
A description of the physical or functional characteristics or the nature of a supply, service, property or construction item; the requirements to be satisfied by a product or process, indicating, if appropriate, the procedures to determine whether the requirements are satisfied and/or the capabilities and performance characteristics that the item must satisfy.
[1]
Editor's Note: Former Ch. 120, Procurement Policy, comprised of Sections 120.010 through 120.210, derived from CC 1984 §§25.010 — 25.030, 25.080 — 25.170, 25.190 — 25.250; Ord. No. 942-84 §1, 1-3-1984; Ord. No. 1676-97 §1, 10-9-1997 and Ord. No. 1771-99 §1, 11-2-1999, was repealed 9-15-2015 by §1 of Ord. No. 2565-15.

Section 120.020 Payments.

[Ord. No. 2565-15 §1, 9-15-2015]
A. 
The City Administrator shall have the discretion to direct payment of an invoice so long as the transaction was approved in compliance with Section 120.030. Any other invoice shall require review and approval by the Board of Aldermen prior to payment.
B. 
At the first monthly regularly scheduled Board of Aldermen meeting, the City Administrator shall provide a list of all invoices which have been received.

Section 120.030 General Guidelines.

[Ord. No. 2565-15 §1, 9-15-2015]
A. 
General Guidelines.
1. 
Buying preferences. It is the desire of the City to purchase from City of Camdenton, Missouri, and/or American vendors whenever possible. When all other factors are equal, preference shall be provided to City of Camdenton vendors first, Missouri vendors second and American vendors third. To be considered a City of Camdenton vendor, the person or entity must have a physical place of business located in the City and a City business registration. To be considered a Missouri vendor, the person or entity must have a physical place of business in the State and authority to conduct business in the State. To be considered an American vendor, the person or entity must have a physical place of business in the Country and authority to conduct business in the Country.
2. 
Recycled products. The City shall purchase recycled-content products in preference to those made from virgin materials when cost, quality, variety, quantity, delivery time and any other defined specifications are comparable to products made from virgin materials.
3. 
Planning. Small orders and last-minute purchases should be minimized, thereby increasing the capability of each department to purchase its goods and services in larger quantities in order to obtain the maximum discounts possible.
4. 
Buying proper quality. It is the duty of the requisitioning department to secure the best quality for the purpose intended. "Quality buying" is the buying of goods or services that will meet or exceed the requirements for which they are intended.
5. 
Sales tax. The City is generally exempt from paying local and State sales taxes and Federal excise taxes. The Administration Department can provide the necessary exemption documents to any vendor upon request.
6. 
Endorsements. It is the policy of the City not to endorse or in any way permit an employee's name, position or the City's name to be used and advertised as supporting a product or vendor.
7. 
Personal purchases. Purchases for employees' personal use by the City are prohibited. City employees are also prohibited from using the City's name or the employee's position to obtain special consideration in personal purchases.
8. 
Lowest responsible bidder. Contracts for purchases shall be awarded to the lowest and best bidder. In determining the lowest responsible bidder, in addition to price, the City will consider, when applicable, the following:
a. 
The ability, capacity and skill of the bidder to perform the contract or provide the service required.
b. 
Whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference.
c. 
The character, integrity, reputation, judgment, experience and efficiency of the bidder.
d. 
The quality of performance of previous contracts or services.
e. 
The previous and existing compliance by the bidder with applicable laws.
f. 
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
g. 
The quality, availability and adaptability of the supplies or contractual services to the particular use required.
h. 
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.
i. 
The number and scope of conditions attached to the bid.
j. 
Any other pertinent factor.
B. 
Purchasing Procedures For Materials And Supplies. Purchases for all dollar amounts listed below shall require the requisition and approval of a purchase order.
1. 
Purchases with material value below five hundred dollars ($500.00) within total budget may be made by an authorized purchaser without a quotation.
2. 
Purchases with material value from five hundred dollars and one cent ($500.01) to two thousand dollars ($2,000.00) within total budget and not available through an existing purchasing contract or a cooperative purchasing agreement may be made by an authorized purchaser. Prior to placing an order, the authorized purchaser should obtain the lowest cost through quotations whenever reasonably possible. Any requisition must be signed by the Department Director and submitted, along with a record of the quotations, to the Administration Department for issuance of a purchase order.
3. 
Purchases with material value from two thousand dollars and one cent ($2,000.01) to seven thousand five hundred dollars ($7,500.00) within total budget and not available through an existing purchasing contract or a cooperative purchasing agreement may be ordered by the authorized purchaser with the approval of the City Administrator. Such purchase must have at least three (3) quotations. Any requisition must be signed by the Department Director and the City Administrator and submitted, along with a record of the quotations, to the Administration Department for issuance of a purchase order.
4. 
Purchases with material value greater than seven thousand five hundred dollars and one cent ($7,500.01) within total budget and not available through an existing purchasing contract or a cooperative purchasing agreement may be ordered by the Department Director with the approval of the City Administrator and/or City Clerk. For any such purchase, a formal written bid must be advertised at least once in a written and/or electronic publication of general circulation. Any purchase request having a value greater than seven thousand five hundred dollars and one cent ($7,500.01) that is outside the total budget may be ordered only after formal written bid, advertised at least once in a written and/or electronic publication of general circulation and formal approval by a majority of the Board of Aldermen. Purchases with material value greater than seven thousand five hundred and one cent ($7,500.01) within total budget and available through an existing purchasing contract or a cooperative purchasing agreement may be ordered by the Department Director with the approval of the City Administrator and/or City Clerk.
5. 
The City Administrator shall have the authority to approve purchases of less than seven thousand five hundred dollars ($7,500.00) which require the transfer of funds from one budgetary line item to another within the same department and/or fund as long as the expenditure is within the total budget.
6. 
Multiple or repeat orders. Multiple or repeat orders from the same vendor cannot be used to avoid the requisite approvals for the total purchase amount.
7. 
Special circumstances. On purchases of less than seven thousand five hundred dollars ($7,500.00), if less than three (3) quotations are received and the quotations all exceed the amount budgeted for the purchase, departments should either request new quotations for the desired goods or services or obtain approval from the City Administrator to proceed based on the initial quotation(s) on the grounds that special circumstances exist such that requests for new quotations would not generate a different result. Such special circumstances should be explained by the Department Director in a written memorandum accompanying the purchase order.
8. 
Exempt purchases. The following purchases, by their very nature, are exempt from the normal purchasing guidelines and require the special procurement practices set forth below:
a. 
Fuel purchases;
b. 
Cooperative purchase agreements;
c. 
Term-and-supply and annual contracts;
d. 
Professional services;
e. 
Emergency purchases;
f. 
Sole-source and monopoly purchases.
C. 
Change Orders.
1. 
Construction change orders approved by City Administrator. The City Administrator is authorized to approve change orders so long as the amount of the change order does not cause the project to exceed the total budget amount, the approved project cost or the available bond proceeds, whichever is greater.
2. 
Construction change orders approved by the Board of Aldermen. In the event a construction change order contains costs in an amount that exceeds the authorization of the City Administrator, the change order must go to the Board of Aldermen for approval. In the event change orders on a single contract accumulate to an amount in excess of the City Administrator's authorization, all subsequent change orders, regardless of amount, must go to the Board of Aldermen for approval.
3. 
Changes to purchase orders. Change orders to purchase orders are only allowed if the change is in the cost of the item being purchased. No change orders are allowed for changes in quantity or scope of the original purchase order. Changes in quantity or scope are to be purchased with separate purchase order numbers unless the City Administrator or his/her designee authorizes the amendment of an existing purchase order. When the cost of an item changes the approval requirements, a new purchase order will be requested following the appropriate purchase procedures.
D. 
Fuel Purchases. Bulk fuel purchases for vehicles may be made without approval of a purchase order, provided that three (3) quotes are obtained and the lowest cost vendor is selected. To the extent vehicles cannot be fueled through the City's bulk-purchasing program, purchases may be made at any commercial service station, although price shopping is still encouraged. Documentation of the purchase shall be submitted.
E. 
Cooperative Agreements.
1. 
The City may contract directly with other governmental entities (other municipalities, County, State or Federal) for the purchase of items. The City may also participate in, sponsor, conduct or administer a cooperative-purchasing agreement whereby items are procured in accordance with a contract established by another governmental entity provided that such contract was established in accordance with the laws and regulations applicable to the establishing governmental entity.
2. 
The City Clerk shall make available to Department Directors and authorized purchasers a list of cooperative-purchasing programs in which the City will participate. The City Clerk shall be responsible for notifying the departments of current approved cooperative-purchasing agreements and any limitation or special requirements for their use.
3. 
The City Administrator will review and approve all cooperative-purchasing agreements with other governmental agencies with material value under seven thousand five hundred dollars ($7,500.00) prior to their use. The Board of Aldermen shall review and approve cooperative-purchasing agreements with material value of seven thousand five hundred dollars ($7,500.00) or more. Competitive-bidding procedures do not apply to such purchases made through approved cooperative-purchasing agreements.
4. 
"Acceptable cooperative-purchasing agreements" are agreements which contain the same terms, conditions, specifications and pricing for the respective item that the department would bid and purchase on their own.
5. 
Additional Board of Aldermen approval shall not be required for the purchase of any budgeted items from approved acceptable cooperative-purchasing agreements.
F. 
Term-And-Supply And Annual Contracts Open Purchase Orders.
1. 
Term-and-supply contracts and annual contracts shall be bid through the Administration Department following the same procedures established by this policy for other purchases based upon the estimated material value of a contract. The department requesting the service shall prepare a recommendation of award for the Board of Aldermen approval for all term-and-supply and annual contracts with material value of seven thousand five hundred dollars ($7,500.00) or more based upon the annual value of the contract. All multiple-year contracts should contain a clause explaining that the obligation of the City to pay for goods and/or services under the contract is limited to payment from available revenues and shall constitute a current expense of the City and shall not in any way be construed to be a debt of the City in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the City nor shall anything contained in the contract constitute a pledge of the general tax revenues, funds or monies of the City and all provisions of the contract shall be construed so as to give effect to such intent.
2. 
Once such a contract is approved, specific purchases within budget should be made on an as-needed basis without further bidding while the contract remains open, unless and until the City terminates the contract. Any department that believes such a contract is no longer competitive should provide such information to the City Clerk.
G. 
Professional Services Contracts.
1. 
Contracts for professional services provided by legal counsel, financial advisors, physicians, certified public accountants, engineers, architects, land surveyors, brokers, consultants and other specialized or technical services shall be obtained through the special procurement procedures set forth in this Section.
2. 
Requests for qualifications for professional services shall be submitted to the City Administrator for review and approval prior to distribution. When an RFQ for professional services is approved, a number of qualified professionals will be invited to submit a proposal setting forth their interest, qualifications and description of proposed services. The selection committee will then proceed with the necessary stages of the selection process, including, but not limited to, development of a selection committee, grading of proposals based upon fair and equitable grading criteria, ranking of interviews based upon fair and equitable criteria and negotiation of a contract with the professionals deemed to best meet the City's needs.
3. 
Unless otherwise required by State Statute and upon approval of the City Administrator, professional services contracts under seven thousand five hundred dollars ($7,500.00) annually may be exempt from the request for qualifications process.
4. 
Professional services contracts for seven thousand five hundred dollars ($7,500.00) or more annually must be approved by the Board of Aldermen.
H. 
Emergency Purchases. In case of an emergency which requires immediate purchase of supplies or services, the City Administrator may authorize such purchase or secure such services needed without complying with the procedures as set out above. Department Directors faced with an emergency purchase need shall notify the City Administrator. When possible (if purchase is greater than seven thousand five hundred dollars ($7,500.00) in such an emergency) the City Administrator shall seek approval from the Board of Aldermen at a special or regular meeting prior to the purchase. If a timely special or regular meeting of the Board of Aldermen is not possible, a full report of such an emergency purchase shall be made by the City Administrator to the Board of Aldermen at the next regularly scheduled meeting.
I. 
Sole-Source And Monopoly Purchases.
1. 
The City Administrator may authorize a sole-source purchase, at any monetary purchasing level set forth in Section 120.030(B) above and accordingly waive competitive-purchasing procedures, when such a request is presented, in writing, by the Department Director with the requisition, documenting that only a single feasible procurement source exists. A single feasible sole source exists when:
a. 
Supplies or services are proprietary and only available from a single manufacturer or a single distributor; or
b. 
It is determined that only one (1) distributor services the region; or
c. 
When supplies or services are available at a significant discount from a single distributor for a limited period of time; or
d. 
When a project with specific circumstances requires specialized consultant or technical services with a unique combination of abilities or expertise.
2. 
In the event the amount of a sole-source purchase will exceed seven thousand five hundred dollars ($7,500.00), it must also be approved in advance by the City Administrator and must be approved by the Board of Aldermen.
J. 
Lease Of Real Property.
1. 
The City may lease real property that it owns for fair market value, if authorized by the Board of Aldermen when such property is currently underutilized, in order to maximize the economic return of the property to the City until such time as such property shall be required for public usage.
2. 
Nothing herein shall prevent the City Administrator or designated representative from negotiating a higher rent for a lessee of any real property that is shown to have a unique value to such lessee due to its configuration, accessibility or size, subject to approval from the Board of Aldermen.
K. 
Sale Of Real Property.
1. 
The City may sell unneeded real property for fair market value with the approval of the Board of Aldermen.
2. 
Nothing herein shall prevent the City Administrator or designated representative from negotiating a higher price for sale or trade to a buyer for any real property that is shown to have a unique value to such buyer due to its configuration, accessibility or size, subject to approval from the Board of Aldermen.
L. 
Disposal Of Surplus Goods. The City should promptly dispose of all surplus property to the economic advantage of the City. Competitive bidding on surplus, obsolete or unusable goods is required through sealed bids, auction, open market sales or other available means. The disposal of all such goods requires the approval of the City Administrator; additional approval by the Board of Aldermen is required for goods in excess of seven thousand five hundred dollars ($7,500.00) in total material value. Trade-in opportunities should be pursued when available to reduce the City's purchasing costs. Competitive bidding shall only apply to a trade-in to the extent it applies to the new purchase. Approvals of a trade-in shall be handled in conjunction with the approval of the new purchase as dictated by the purchase price. The City Administrator is hereby authorized to dispose of any surplus property by transfer to any governmental agency within the State of Missouri regardless of the value of the surplus property.
M. 
Purchasing Policy Supplements. In the event a specific procurement procedure is required to be in writing when the City is purchasing an item which is funded in whole or in part by grant funds, (i.e., CDBG), the City Administrator shall have the authority to supplement this Section to incorporate the special requirements of that procurement.
N. 
Policy Clarification. The City Administrator may clarify the provisions of this Section in furtherance of the stated goals of this Section by written statement, provided the City Administrator cannot alter in any way the extent to which Board of Aldermen action is required hereunder.

Section 120.040 Supplement to City Purchasing and Sales Policy.

[Ord. No. 2565-15 §1, 9-15-2015]
A. 
Purchase Orders.
1. 
After approval of a requisition, the City purchase order form will be completed by the City Clerk or Deputy City Clerk. In order to insure expeditious processing of purchase orders, it is important that the requisition be completed accurately by the requisitioning department. When applicable, a copy of the Board of Aldermen approval action, the City Administrator's approval action, the Department Director's approval action and bid or quotation documents shall be attached to the requisition.
2. 
The issuance of purchase orders or direct purchases by unauthorized individuals or any other unauthorized purchase (including, but not limited to, personal expenses) will not be recognized by the City and payment for these obligations will not be approved.
3. 
The purchase order will consist of three (3) copies; one (1) copy will remain in the Administration Department (attached to the requisition) and two (2) copies will be returned to the requisitioning department.
4. 
Purchase orders are classified as either "original" or "confirming" based on whether or not the vendor has previously been notified of the City's intent to make the purchase of goods or services.
B. 
Construction Contracts.
1. 
Construction contracts supervised by City personnel shall be bid through the City Clerk in accordance with the procedures established for other purchases according to the applicable price range and specifications shall be prepared by the appropriate department and submitted to the City Clerk for posting as prescribed by State Statute.
2. 
Bid specifications and requirements for construction contracts supervised by outside consulting services shall be prepared in coordination with the Public Works Department. A bid package shall be reviewed by the Public Works Department and approved by the Department Director or designated representative. The consultant, as determined by the Public Works Department and the Department Director or designated representative, shall distribute the bid package to the City Clerk for posting and distribution to interested bidders. The City Clerk shall receive, record and tabulate the bids and shall certify that bids were opened in compliance with all purchasing policy requirements. The final award of the bid shall be communicated to the successful bidder by the City Clerk.
3. 
All required performance and/or bid bonds must be obtained and documented prior to the award of the contract.
C. 
Product Testing/Demonstrations.
1. 
Product demonstrations may be held as deemed appropriate by a Department Director without prior approval of the Administration Department.
2. 
Prior to taking into the City's possession any item for testing or evaluation, departments shall contact the City Administrator for approval. The department shall notify the vendor in writing that the City has taken the item into possession for test purposes only and if a purchasing decision is made, that decision will be communicated directly to the vendor at the end of the test period. In no event shall the retention of a test item by the City be evidence of intent to purchase said item.
D. 
General Instructions For Bid Specifications.
1. 
General specifications.
a. 
Keep specifications as simple as possible while maintaining the exactness required insuring bidders provide the quality goods or services as required by specifications.
b. 
Whenever possible, identify the equipment or material required with some name brand or known standard specifications already on the market.
c. 
Specifications should promote competition. Justification must be provided to the City Administrator for restrictive specifications.
d. 
Flexibility in the specifications is desirable in instances where new terminologies are being sought. Specifications should be specific enough to guarantee the quality required but sufficiently flexible to allow vendors to be creative in their proposals.
e. 
Specifications should be written with clear, simple language.
f. 
Bid specifications and requirements shall be prepared by the Department Director with approval of the City Administrator. The bid packet should be submitted to the City Clerk with all specifications, date of opening, award dates, requirements for potential bidders and names and addresses of known interested bidders to receive bid notices. The City Clerk shall be responsible for posting notice of bids, opening and recording of bids received and reporting to the City Administrator and the Board of Aldermen the bids received as well as the staff's recommendation as to the award of the bid.
2. 
Types of specifications. There are several ways of structuring specifications to protect the integrity of the purchasing process and to insure that the needs of the City are met. Different methods of structuring specifications include:
a. 
Qualified products or acceptable brands list. These lists are developed only where it is not possible to write specifications adequate to identify the quality and performance required of the goods or services to be purchased. Acceptable brands lists are also used when tests that would be necessary to determine compliance with technical specifications are lengthy, costly or require complicated technical equipment.
b. 
Specifications by brand or trade name. Brand or trade names should be used where brand name products have been found to be superior to others for the purpose intended.
c. 
Specifications by blueprint or dimension sheet. Specifications of construction projects for everything from buildings and streets to custom-built cabinets, furniture, machines or other equipment should be written to reference the blueprints or dimension sheets prepared by the engineer or architect.
d. 
Specifications by chemical analysis or physical properties. Specifications which include the chemical analysis or physical properties of the goods, when clearly requested, place responsibility on the supplier to provide exactly those items requested.
e. 
Specifications by performance, purpose or use. Specifications which include a set of performance criteria for the goods or services required will provide flexibility for vendors to design products or programs specifically aimed at meeting such criteria.
f. 
Specification by identification with industry standards. Specifications will often refer to industry-wide standards or to standards set by other public jurisdictions.
g. 
Specifications by samples. Whenever appropriate, a sample is always a good way to make requirements perfectly clear.
3. 
Delivery and performance guidelines. A contract or purchase order that is complete in all respects and that is accepted by the parties concerned still must produce the intended results or objectives before it can be considered a successful or completed purchase. The terms and conditions must clearly define the delivery and performance requirements of the services, supplies or equipment.
a. 
Follow-up and expediting. Follow-up normally applies to the monitoring of the delivery schedules to assure compliance. Expediting, in the purest, sense, involves an attempt to improve or to reduce the contractually stipulated delivery time for various reasons and the vendor is not legally obligated to comply. The primary objectives of the follow-up function are:
(1) 
To assure full compliance by the vendor; and
(2) 
To develop documentation for future evaluation of the vendor's performance;
If delivery problems develop, there are certain techniques that may be used to help solve them:
a.
Contact the salesman for assistance;
b.
Initiate collect phone calls; letters may also be used;
c.
Visit the vendor's plant. This might help solve the problem and will assist in verifying any reason for the delay;
d.
Cancel the contract for non-performance.
Prior to the cancellation, authorization from the City Administrator or City Clerk must be obtained.
4. 
Delinquent deliveries. When follow-up efforts have failed and the deliveries have become delinquent, one (1) of two (2) actions must be taken:
a. 
Authorize additional time for delivery; or
b. 
Cancel and order from other sources.
Prior to cancellation, authorization from the City Administrator or City Clerk must be obtained. In all cases, the reasons for delinquent deliveries should be documented. This information may be needed in evaluating future bids submitted by that particular vendor.
5. 
Partial deliveries. Some purchase orders may list several items. If these items can be used separately, partial payments can and should be authorized. However, if the separate items are part of a system, then partial deliveries should not be authorized.
6. 
Substitution. To meet the contractual delivery schedule, it may be appropriate in some situations to consider substitute items. The specifications may cover such a possibility. Whenever substitutions are necessary due to shortcomings of the vendor, it is the responsibility of the purchaser to seek and obtain an adjustment for lower prices on the substituted items.
7. 
Non-performance. Should the vendor fail to meet any requirements of the specifications, the vendor can be cited for non-performance. Recourse could include:
a. 
The City may exercise its rights under a liquidated-damages clause or under the terms of a performance bond.
b. 
The City may obtain the needed items from another source and charge delinquent vendor the excess difference in cost.
c. 
The City may terminate the contract for default if it is in the best interest of the City and items can be obtained under more favorable conditions from other sources.
Any such action should be approved by the City Administrator or City Clerk.
8. 
Inspection and testing guidelines. Goods and materials should be checked at the time of receipt to detect any damage or defects. Inspection and testing may be performed at origin or destination.
a. 
Reports, rejection and return authorization. Whenever an inspection is performed, all reports to properly support claims or actions must be thoroughly documented. A copy of the inspection report will normally be used to substantiate payment for the goods and verification of receipt. In the event of rejection, for whatever purpose, certain steps must be taken to inform and protect the rights of the vendor as well as the City. Reasons for rejection must be listed and these reasons should reference specific requirements of the contract.
b. 
Damage during shipment. It is important that all damage be completely described on the receiving report. Any evidence of concealed damage should be noted at this time. The carrier should be notified immediately and a joint inspection should be scheduled with the carrier's representative. When it is apparent that the extent of the damage causes the goods to be worthless, they should not be accepted.
c. 
Latent defects. Latent defects may be the result of damages in transit or of failure of the manufacturer to conform to specifications. If specific liability for the defect cannot be determined between the carrier, the vendor or the manufacturer, the City may have to file a claim against all parties seeking their cooperation in resolving the situation.
9. 
Invoices. Vendors are to be instructed to send all original invoices to the City of Camdenton, Accounts Payable, 437 W US Highway 54, Camdenton, Missouri, 65020.
10. 
Purchases supported by grant funds. Departments shall review all requirements for grant funds used in the procurement of items to insure the bidding process required as a condition to receiving said grant funds is complied with during the procurement of the item. The Administration Department will assist in the inclusion of all required procedures that are in addition to the requirements of the policy.
11. 
Delivery of items. When items are delivered to City departments, the only paperwork to be signed is the delivery notice. Any other vendor purchase order, document, contract, warranty, maintenance agreement, etc., is not to be signed at delivery. All such documents shall be forwarded to the Accounts Payable section or retained by the appropriate department.
E. 
Disputes, Adjustments And Appeals.
1. 
Departments shall notify the Administration Department in a timely manner concerning any complaint or dispute regarding an order, delivery, specification, defective goods or poor performance by a supplier. Any decision concerning an attempt to cancel a contract or an attempt to resolve a dispute regarding defective products or unacceptable services shall be made jointly by the Administration Department and the department director. Any correspondence with suppliers shall be made available to both the Department Director and the City Clerk.
2. 
In the event a procurement dispute arises between the requesting department and the Administration Department, the City Administrator shall make the final decision.
F. 
Compliance With Applicable Law. All transactions shall be made in compliance with applicable law, including, but not limited to, the City's Code and ordinances and also State laws governing such issues as guaranteed energy cost savings contracts (Section 8.231, RSMo.), buying preferences (Sections 34.073 et seq., RSMo.), health insurance (Section 67.150, RSMo.), transactions with Federal and State Government (Sections 70.100 et seq., RSMo.), special assessment sidewalks (Sections 88.880 et seq., RSMo.), solid waste (Section 260.208, RSMo.) and prevailing wage on public works projects (Section 290.250, RSMo.). Before commencing efforts regarding a transaction involving an unfamiliar subject area, a determination should be made as to whether a consultation with the City Attorney is necessary.