[R.O. 1991 § 150.010; Ord. No. 2916-15 § 1, 2-3-2015[1]]
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.
[1]
Editor's Note: This ordinance also repealed former Ch. 150,
Purchasing Policy, adopted 9-19-1995 by Ord. No. 1646 § 1,
as amended.
[R.O. 1991 § 150.020; 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.
[R.O. 1991 § 150.030; Ord. No. 2916-15 § 1, 2-3-2015; Ord.
No. 3205-23, 10-3-2023]
Department level approval for purchases
of less than three thousand five hundred dollars ($3,500.00) requires
only the authorization of the department head of his/her designee
to be valid. Approval for purchases of at least three thousand five
hundred dollars ($3,500.00) but less than fifteen thousand dollars
($15,000.00) requires the authorization of the purchasing agent to
be valid. Approval for purchases of fifteen thousand dollars ($15,000.00)
and above requires the authorization of the Board of Aldermen to be
valid.
[R.O. 1991 § 150.040; Ord. No. 2916-15 § 1, 2-3-2015 Ord.
No. 3205-23, 10-3-2023]
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.
Semiformal Bid Purchases. If the
consideration is for three thousand five hundred dollars ($3,500.00)
but less than fifteen thousand dollars ($15,000.00), 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 fifteen thousand dollars ($15,000.00) or more, shall be purchased
by formal, written contract, to be approved by the Board of Aldermen.
[R.O. 1991 § 150.050; 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.
[R.O. 1991 § 150.060; 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.
[R.O. 1991 § 150.070; 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.
[R.O. 1991 § 150.080; 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.
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.
[R.O. 1991 § 100.040; Ord. No. 2806-11, 10-18-2011; Ord. No. 2912-14 § 1, 12-2-2014]
Customers paying by credit or debit
card shall be assessed a service fee to be determined by the purchasing
agent.
[R.O. 1991 § 150.140; 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
fee of ten thousand dollars ($10,000.00) 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.
