City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Editor’s Note: Former Ch. 150, Purchasing Policy, as adopted and amended by Ord. No. 1646 §1, 9-19-1995; Ord. No. 1671 §1, 4-16-1996; Ord. No. 1720-97 §150.131, 3-18-1997; Ord. No. 1842-99 §1, 2-16-1999; Ord. No. 2390-05 §1, 6-21-2005; Ord. No. 2474-06 §1, 6-6-2006; Ord. No. 2657-08 §1, 9-2-2008; Ord. No. 2776-10 §§1 — 2, 11-16-2010, was replaced in its entirety by Ord. No. 2916-15 §1, 2-3-2015.
[Ord. No. 2916-15 §1, 2-3-2015]
A. 
The purpose of this policy is to establish uniform purchasing procedures for the City of Smithville. These procedures are to be used by all departments.
B. 
The centralization of a standardized purchasing process is intended to ensure integrity, effectiveness, and efficiency in the expenditure of City funds. The competitive bidding process is designed to maintain public and vendor confidence, to attract numerous potential bidders, and generate the most favorable terms available. Additionally, a standardized system provides the clear and accessible documentation for all purchasing decisions required to keep elected officials, staff, and the public informed.
[Ord. No. 2916-15 §1, 2-3-2015]
A. 
The purchasing agent shall be the City Administrator or his/her designee. The purchasing agent shall supervise the bids for all supplies and contractual services needed by the City, in accordance with the procedures prescribed herein or required by law.
B. 
Duties Generally. In addition to the purchasing authority conferred in the preceding Section, and in addition to any other powers and duties conferred herein or by other ordinance, the purchasing agent shall:
1. 
Act to procure for the City the highest quality in supplies and services at the least expense;
2. 
Prepare, adopt, and/or approve written specifications for supplies and services when necessary and beneficial;
3. 
Discourage uniform bidding and endeavor to obtain as full and as open a competition, with the greatest number of bidders, as possible on all purchases and sales;
4. 
Act so as to procure for the City all Federal and State tax exemptions to which it is entitled;
5. 
Have the authority to declare vendors who default on their quotations irresponsible bidders and to disqualify them from receiving any business from the municipality for a stated period of time (conditioned by Board approval);
6. 
Pursue any and all appropriate claims against the supplier, shipper, or carrier.
7. 
Transfer supplies or property from any department where they are not needed to any other department where they are needed and to direct that proper charges and credits be made on the inventories of the departments concerned.
8. 
Sell surplus or unneeded supplies or property to the general public by public auction, competitive bidding, or other appropriate method.
9. 
Promulgate and establish administrative policies, procedures, rules and regulations regarding cash drawers and petty cash funds.
[Ord. No. 2916-15 §1, 2-3-2015]
Department level approval for purchases of less than three thousand five hundred dollars ($3,500.00) requires only the authorization of the department head or his/her designee to be valid. Approval for purchases at least three thousand five hundred dollars ($3,500.00) but less than seven thousand five hundred dollars ($7,500.00) requires the authorization of the purchasing agent to be valid. Approval for purchases of seven thousand five hundred dollars ($7,500.00) and above requires the authorization of the Board of Aldermen to be valid.
[Ord. No. 2916-15 §1, 2-3-2015]
A. 
When the City negotiates any purchase, sale, or contract, there shall be ample opportunity for competitive bidding in the following manner:
1. 
Department head purchases. If the consideration is less than three thousand five hundred dollars ($3,500.00), bids shall be solicited in the most expedient manner with due regard for competitive prices and quality, and the purchase shall be made at the discretion of, and by the department head or his/her designee.
2. 
Semi-formal bid purchases. If the consideration is for three thousand five hundred dollars ($3,500.00) but less than seven thousand five hundred dollars ($7,500.00), three (3) written bids shall be solicited in a manner and format established by the purchasing agent.
3. 
Formal bid purchases. If the consideration is for seven thousand five hundred dollars ($7,500.00) or more, shall be purchased by formal, written contract, to be approved by the Board of Aldermen.
[Ord. No. 2916-15 §1, 2-3-2015]
Bids shall be submitted sealed to the purchasing agent and shall be clearly identified as bids on the envelope. They shall be opened in public at the time and place stated in the public notice. A tabulation of bids received shall be posted for public inspection, and a tabulation report shall be forwarded to the purchasing agent.
[Ord. No. 2916-15 §1, 2-3-2015]
A. 
Contracts shall be let to the lowest and best offeror as determined by the evaluation criteria established in the request for proposal and any subsequent negotiations conducted pursuant to this Section.
B. 
When bids received pursuant to this Section are unreasonable or unacceptable as to terms and conditions, non-competitive, or the low bid exceeds available funds and it is determined in writing by the purchasing agent that time or other circumstances will not permit the delay required to resolicit competitive bids, a contract may be negotiated pursuant to this Section, provided that each responsible bidder who submitted such bid under the original solicitation is notified of the determination and is given a reasonable opportunity to modify its bid and submit a best and final bid to the City. In conducting negotiations there shall be no disclosure of any information derived from proposals submitted by competing offerors.
[Ord. No. 2916-15 §1, 2-3-2015]
A. 
Missouri Businesses. Pursuant to Section 34.073, RSMo., in letting contracts for the performance of any job or service, the City shall give preference to all firms, corporations, or individuals doing business as Missouri firms, corporations, or individuals, or which maintain Missouri offices or places of business, when the quality of performance promised is equal or better and the price quoted is the same or less.
B. 
Disabled Veterans. Pursuant to Section 34.074, RSMo., the City shall give a three-point bonus preference to service-disabled veteran businesses doing business as Missouri firms, corporations, or individuals, or which maintain Missouri offices or places of business. As used in this Section, the term "service-disabled veteran" means any individual who is disabled as certified by the appropriate Federal agency responsible for the administration of veterans' affairs. The term "service-disabled veteran business" means a business concern not less than fifty-one percent (51%) of which is owned by one (1) or more service-disabled veterans or, in the case of any publicly owned business, not less than fifty-one percent (51%) of the stock of which is owned by one (1) or more service-disabled veterans; and the management and daily business operations of which are controlled by one or more service-disabled veterans.
[Ord. No. 2916-15 §1, 2-3-2015]
A. 
Emergencies. "Emergency situations" are defined as when a purchase is immediately necessary for the preservation of life or property for the continued operation of the department involved. Note: Failure to complete purchasing forms before the item was needed does not constitute an emergency. Emergency purchases will be made only when a situation as defined above exists.
1. 
In every case involving an emergency, the nature of the emergency must be sufficiently documented as such.
2. 
In all emergency situations every effort will be undertaken to contact the purchasing agent for authorization prior to making an emergency purchase.
B. 
Single-Source Vendor. The purchasing agent may waive the requirement of competitive bids or proposals for supplies when the purchasing agent has determined in writing that there is only a single feasible source for the supplies. Immediately upon discovering that other feasible sources exist, the purchasing agent shall rescind the waiver and proceed to procure the supplies through the competitive processes as described in this Chapter. A single feasible source exists when:
1. 
Supplies are proprietary and only available from the manufacturer or a single distributor; or
2. 
Based on past procurement experience, it is determined that only one (1) distributor services the region in which the supplies are needed; or
3. 
Supplies are available at a discount from a single distributor for a limited period of time.
C. 
Cooperative Procurement. The purchasing agent may contract directly with other governmental entities for the purchase of supplies. The purchasing agent may also participate in, sponsor, conduct or administer a cooperative purchasing agreement whereby supplies 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.
[Ord. No. 2916-15 §1, 2-3-2015]
A. 
Section 99.820.1(3), RSMo., requires the City or the City's Tax Increment Financing Commission (the "Commission") to establish written procedures relating to bids and proposals for implementation of redevelopment projects pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 through 99.865, RSMo., (the "TIF Act"). The following procedures (the "RFP Policy") are to be followed by the City of Smithville, Missouri, and the Commission for soliciting bids and proposals for the implementation of tax increment financing redevelopment projects, in compliance with the TIF Act:
1. 
It shall be the policy of the City to consider the use of statutory redevelopment incentives for those projects that demonstrate a significant public benefit by eliminating blight or blighting influences, financing desirable public improvements, strengthening the employment and economic base of the City and other taxing jurisdictions, increasing property values, reducing poverty, creating economic stability, upgrading older neighborhoods and areas, and facilitating economic self-sufficiency.
2. 
The City or the Commission shall solicit proposals with respect to the implementation of each proposed redevelopment project or the several proposed redevelopment projects that are designed to implement a proposed tax increment financing plan.
3. 
Each request for proposals shall state the primary objectives of the proposed redevelopment area or redevelopment project.
4. 
Each request for proposals shall provide reasonable opportunity for any person to submit alternative proposals or bids.
5. 
Each request for proposals may be mailed to those persons or firms the City or the Commission determines might be interested in submitting a bid and shall be published in a newspaper of general circulation in or serving the City. Each request for proposals shall provide at least fourteen (14) days for the submission of a proposal. The City or Commission may extend the time period during which proposals may be accepted.
6. 
Each person, business, firm, partnership or other combination of persons or businesses that submits a proposal in response to a request pursuant to this RFP Policy shall be deemed an "applicant." Each proposal must demonstrate that but for the use of tax increment financing, the project is not feasible and would not be completed.
7. 
Criteria for the selection of proposals will be based on the required elements of a complete tax increment financing plan as set forth in the TIF Act. The criteria for selection will include the impact of the proposed project on the City and other taxing jurisdictions, including the projected term for which tax increment financing will be utilized. The City or the Commission may establish such additional criteria as it deems appropriate for the selection of bids and proposals, which shall be stated in the request for proposals and consistent with the TIF Act.
8. 
At the option of the City, proposals may be requested in the form of a redevelopment plan which meets the requirements of the TIF Act and addressing the items of information required in this RFP Policy.
9. 
Each applicant shall submit a fee of ten thousand dollars ($10,000.00) with each proposal ("application fee"). The application fee will be used by the City and the Commission to pay the costs incurred by the City and the Commission in the review and evaluation of the application. If multiple proposals are received and only one (1) chosen, those applicants not chosen shall have the ten-thousand-dollar fee returned. At the option of the City, an applicant may be required to enter into a funding agreement with the City with respect to the proposal covering the expenses of the City relating to review and consideration of the proposal, including expenses incurred by the City to engage consultants and special counsel.
10. 
Each applicant that has prepared a tax increment financing plan and submitted that plan to the City may respond to a request for proposals, issued by the City or Commission pursuant to this RFP Policy, by submitting a written statement to the City which provides that the plan previously prepared and submitted to the City shall serve as the applicant's response to the request for proposals.