R299RESOLUTION N0.299
A RESOLUTION ADOPTING A CITY OF KENNEDALE
PURCHASING POLICY
WHEREAS, on May 16, 2005, City Staff created the document entitled, "Purchasing
Policy,~~ as guidelines for future City procurement; and
WHEREAS, a Purchasing Policy establishes standard practices and procedures to create
uniformity, economy, efficiency and effectiveness in our purchasing program; and
WHEREAS, the City Council has reviewed the City's Purchasing Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
The City Council of the City of Kennedale, Texas hereby approves the Purchasing
Policy dated November 5, 2009, attached hereto as "Exhibit A."
MASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 5th day of November 2009.
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APPROVED:
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Mayor, Bryan Lankhorst
Kathy "i u er, City Secretary
CITY OF KENNEDALE
PURCHASING POLICY
ADOPTED BY CITY COUNCIL: NOVEMBER 13, 2008
KENNE0..4LE
PREFACE
State law (Local Government Code, Chapter 252: Purchasing and Contracting Authority of
Municipalities) serves as the primary purchasing authority for the City of Kennedale. In to several
administrative updates, which further establish standard practices and procedures to create
uniformity, economy, efficiency and effectiveness in our purchasing program, Staff has also
incorporated a major revision due to a recent change in statute. Specifically, the expenditure
threshold has increased from $25,000 to $50,000 in reference to competitive bidding and proposal
requirements per Senate Bill 1765.
This policy has not been formally adopted by Council in the past; however, it was created on May 16,
2005 and reviewed administratively through current day.
It is our intent to bring forth this policy to Council for review at least annually. In order to demonstrate
that review, it will be custom practice for the governing board of a municipality to adopt a resolution
to make the review an official public record.
SUBSEQUENT REVIEW & ADOPTION
NOVEMBER 13, 2008
NOVEMBER 5, 2009
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PURPOSE
The purpose of this policy is to establish standard practices and procedures to create a
uniformity, economy, efficient and effective purchasing program for the City of Kennedale.
II. POLICY
It is the policy of the City of Kennedale to authorize purchases at time and place needed in the
proper quantity and of the proper quality, all goods and services required for City operations.
Goods and services shall be procured at the lowest possible cost consistent with prevailing
economic conditions while establishing and maintaining a reputation for fairness and integrity.
The procurement of goods and services shall be achieved within the mandates of federal, state,
and local statues, ordinances, and codes.
III. PURCHASING AUTHORITY
A. Excerpts from the Texas Local Government Code, Chapter 252, Subchapter B:
1) Section 252.021 "before a municipality may enter into a contract that requires
an expenditure of more than $50,000 from one or more municipal funds, the
municipality must comply with the procedure prescribed by this chapter for
competitive sealed bidding or competitive sealed proposals."
2) Section 252.0215, A municipality, in making an expenditure of more than
$3,000 but less than $50,000, shall contact at least two historically underutilized
businesses on a rotating basis, based on information provided by the comptroller
pursuant to Chapter 2161, Government Code. If the list fails to identify a
historically underutilized business in the county in which the municipality is
situated, the municipality is exempt from this section."
B. Any exemption per Section 252.022: General Exemption of Texas Local Government
Code will need the approval from City Manager. The Department Head will need to
include a written explanation, as well as copies of all the quotes for City Manager
review. Upon approval from City manager, attach written explanation and all
documentation to the Purchase Order Requisition and send to Finance Department for
payment.
C. Department Head signature shall approve all purchases up to $2999.99. Invoice with
Department Head approval shall be sent directly to Finance Department for payment.
D. For any purchase over $2999.99, the Department must first obtain a Purchase Order
from Finance Department prior to placing the order. A Purchase Order Requisition with
the signatures of the Department Head and City Manager should be sent to Finance
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Department before a Purchase Order can be issued. The submitting Department shall
also determine whether sufficient funding is available prior to submitting the Purchase
Order requisition. Purchase Order requisition should also contain suggested vendors for
the product/service. For those purchases that are over $2999.99 and payment is on a
recurring basis due to an existing contract or agreement, only the Department Head
signature is required (i.e., electric, gas, water, cable invoices, etc). The purpose of
omitting City Manager approval is to streamline procedures and aid in prompt payment
for recurring services.
E. The City Council shall approve and award all purchases of $25,000 or more. If the
purchase is from a City Manager approved Interlocal Agreement, and it is a budgeted
item, no additional Council action is needed.
F. Purchases made through an approved Cooperative Purchasing Program satisfy state law
competitive bid requirements, as well satisfy the requirement for any internal quote
process.
IV. DEFINITIONS
A. Bid: A formal document used to define products and/or services to be purchased.
B. Authorized: Any person authorized by the Department to purchase products and/or
services within their level of authority.
C. Historically Underutilized Business (HUB): Any business determined by the State of
Texas to be a disadvantaged (minority/woman owned) vendor.
D. Invoice: A document submitted to the City of Kennedale, by a vendor, requesting
payment for products and/or services received and accepted.
E. Payment Authorization: An approval initiated by an authorized City representative that
approves payment to a vendor for purchases not requiring a Purchase Order.
F. Purchase, Capital: Any purchase of items defined in Administrative Policy under
Capitalization. An acquisition of Fixed Asset form needs to be filled out when purchase
fixed assets $1,000 or over and all computer, monitor or printer.
G. Purchase, Emergency: A purchase, exempt from competitive bidding, necessary to allow
continuous operations due to unforeseen occurrences that might otherwise jeopardize
the health and/or safety of the public, staff, City property or City equipment.
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H. Purchase, Single Source: Any purchase of items available from only one source because
of patents, copyrights, proprietary processes, natural monopolies, captive replacement
parts, or components for equipment.
Purchase Order (PO): A document created by Finance Department that gives vendor
authorization to provide supplies and services of $3,000 and above.
J. Quote: An offer, including pricing, quantity, and shipping charges, from a vendor, which
may or may not be accepted by the City staff. Department personnel need to obtain
their own quotes.
K. Request for Proposal (RFP): A formal document used to solicit product and cost
information for high technology or purchases that cannot be specifically defined (i.e.
accounting, architectural, engineering or auditing services).
L. Purchase Order Requisition: A document used for requesting a purchase order (used for
acquiring all products/services $3,000 and over).
M. User /Requesting Department: Any City Department.
N. Vendor: Any business that provides products and/or services in an open and
competitive market.
O. Vendor, Ineligible: Any person, firm or corporation that is in financial arrears to the City
of Kennedale or has conducted inappropriate practices as deemed and documented by
the City staff.
V. FUND AVAILABILITY
A. Verification of fund availability is the responsibility of the User Department.
B. Finance Department shall verify available funds through the City's financial reporting
system during requisition entry. If funds are not available at the time, no purchase will
be made until funds are made available with approval from City Manager.
VI. PROCEDURES
A. Purchases Up to $2,999.99
1) For purchases up to $2999.99, the using Department has the authority to choose
a vendor and place the order. Department Head signature is required.
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B. Purchases $3,000 to $24,999.99
1) A Purchase Order must be obtained prior to any purchase $3,000 or over. This
includes all products and services, unless purchased through an approved
Cooperative Purchasing Program.
2) Three (3) quotations are required and must accompany the Purchase Order
Requisition. Intentionally splitting purchases to circumvent the system (i.e. two
or more purchases made to keep the amount under $3,000) will result in
disciplinary action.
3) The User Department shall complete a Purchase Order Requisition and
determine if there are at least two HUB Vendors in Tarrant County. Procedures
to get HUB list are attached (Appendix A).
a) If the list fails to identify a historically underutilized business in the county
in which the municipality is situated, the municipality is exempt from this
section.
4) The User Department shall select the winning responsible vendor based upon
the lowest overall price meeting specification(s).
5) Send Purchase Order Requisition with proper approval and quotations to Finance
Department. Department Head and City Manager signature is required. For
those purchases that are over $2999.99 and payment is on a recurring basis
due to an existing contract or agreement, only the Department Head signature
is required (i.e., electric, gas, water, cable invoices, etc).
6) Finance Department will issue a Purchase Order and User Department will
contact the successful vendor to place the order.
7) Any exemption needs City Manager's approval according to Section (111)(8) of the
Purchasing Policies.
C. Purchases $25,000 to $49,999.99
1) Follow same Steps 1) through 4) in the prior section, unless purchased through
an approved Cooperative Purchasing Program.
2) User Department shall prepare an agenda package noting winning responsible
vendor for City Council approval.
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3) If approved by the City Council, the Finance Department shall complete the
requisition and assign a Purchase Order number for the User Department to
notify the successful vendor.
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4) If not approved or postponed until additional information is provided, no
purchase order or award may be issued without subsequent Council
authorization.
5) Any exemption needs City Manager's approval according to Section (III)(B) of the
Purchasing Policies.
Purchases $50,000 Up
1) With the approval from the City Manager to begin the bidding process, the User
Department shall prepare a bid package with specifications and any other
pertinent information. Along with the specifications and other information, the
Department may submit suggested vendors for the item(s) requested.
2) A notice will be published in Kennedale's official newspaper to indicate the City's
intent to accept bids in accordance with State law. Bids must be advertised for
two consecutive weeks with the first publication at least 14 days prior to the bid
opening date. (Note: Bid packets will be mailed to prospective suppliers only
upon vendor request).
3) Vendor pre-bid conferences may be conducted if, in the opinion of requesting
Department, further explanation or coordination is needed due to the nature of
the bid.
4) The City Secretary or his/her designee shall publicly open the bids received and
read them aloud at a designated time and as indicated in the bid packet. The City
Secretary or his/her designee will indicate to those present when the Council will
most likely address this item and will make available to those present the names
of the vendors and the amount of their respective bids. In the case of an RFP,
only the submitter's names will be announced. A tabulation will then be created.
A representative from the User Department should be present during bid
openings.
5) The User Department shall review all documents and provide a written award
recommendation to the Finance Department.
6) The Finance Department shall review and evaluate all bid documents, including
departmental recommendations, to insure total compliance with all City policies
and State laws within three business days after receiving the written award
recommendation.
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7) The User Department shall prepare an agenda package for City Council approval.
As per Section 271.905 of the Local Government Code, if a local vendor is within
three (3%) percent of the lowest non-local vendor, a note will be sent to the City
Council so it can make a determination, in writing, if the local vendor offers the
best combination of contract price and additional economic development
opportunities for the local government. This applies only to purchases of real
property or personal property not affixed to real property.
8) If approved by the City Council, the Finance Department shall complete the
requisition and assign a Purchase Order number for the User Department to
notify the successful vendor.
9) If not approved or postponed until additional information is provided, no
purchase order or award may be issued without subsequent Council
authorization.
D. The criteria for a purchase of goods and services will be based on the "Best Value"
criteria stated in Section 252.043 of the Local Government Code.
E. The User Department shall be responsible for the acceptance of products by verifying
specifications and inspecting the quality and quantity of all items received.
1) Purchase Order corrections or changes shall be made by the issuer of the original
document or his/her designee.
2) The User Department shall remit necessary documentation to the Finance
Department for payment and coordinate vendor invoicing as necessary.
VII. AUDIT OF DEPARTMENTAL RECORDS
A. The Finance Department may audit User Department purchasing files to ensure
compliance with the procedures described herein.
VIII. PURCHASE ORDER/CONTRACT CHANGE ORDERS
A. For original purchase orders between $3,000 and $24,999.99, change orders increasing
or decreasing the original order by not more than 25 percent shall be approved by the
Department Head.
B. For original purchase orders equal or greater than $25,000, change orders increasing or
decreasing the original contract or bid amount by !ess than $25,000 (not to exceed 25
percent of the original contract), shall be approved by the City Manager or his/her
designee.
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C. In no case shall the combined total of all change orders exceed an increase of 25
percent of the original contract amount, unless with City Council approval.
D. For original purchase orders equal or greater than $25,000, a change order may not
decrease the original contract or bid amount by more than 25 percent without
contractor approval.
E. Change orders causing the original purchase orders to become equal to or greater than
$25,000 in the aggregate of all change orders, shall be submitted to the City Council,
regardless of the amount of increase.
IX. PAYMENT AUTHORIZATIONS
A. Payment approval from Department Head is required to pay for memberships, dues,
subscriptions, travel, refunds, utility bills, training, non-contractual professional services,
and pre-payment for products and/or services, etc.
B. Approved invoices are forwarded directly to the Finance Department with the
appropriate supporting documentation and signatures.
C. If payment approvals are made for partial payments on Purchase Orders (usually long
term contracts and construction), a copy of the original Purchase Order (PO) is to be
attached to the invoice so that the amounts are subtracted from the PO.
X. SCIENTIFIC, TECHNICAL OR PROFESSIONAL SERVICE PURCHASES
A. A competitive sealed RFP procedure may be used for high technology procurements as
allowed under State law existing or as amended.
B. A competitive sealed RFP procedure shall be used for professional, personal or planning
services as required by State law existing or as amended.
XI. INELIGIBLE VENDORS
A. An ineligible vendor shall not be allowed to conduct business until:
1) Financial arrears are paid in full.
2) Inappropriate practices are corrected.
3) Vendors have satisfied any and all penalties imposed by the City.
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4) If applicable, a listing of ineligible vendors will be developed and distributed annually
by the Finance Department to all other departments, unless a greater frequency is
determined by the Director of Finance.
5) At the recommendation of a User Department, the Finance Department may declare
a vendor ineligible if it has failed to comply with the terms of a previous award,
specifications of a bid or conducted inappropriate business practices.
6) The penalty imposed may be for a period of up to twelve (12) months during which
time bids submitted by such vendor shall not be considered.
7) A penalty greater than twelve (12) months due to the severity of the infraction
requires the approval of the City Manager or his designee.
B. The City of Kennedale reserves the right to change, modify, amend, revoke or rescind all
or part of this policy in the future.
XII. ANNUAL REVIEW
The Director of Finance shall, at a minimum, submit proposed amendments of this policy to the
City Council annually.
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APPENDIX A
CITY OF KENNEDALE, TEXAS
HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROCEDURES
A. Excerpts from the Texas Local Government Code, Chapter 252, Subchapter B:
A. Section 252.0215, "A municipality, in making an expenditure of more than $3,000 but less than
$50,000, shall contact at least two historically underutilized businesses on a rotating basis,
based on information provided by the comptroller pursuant to Chapter 2161, Government
Code. If the list fails to identify a historically underutilized business in the county in which the
municipality is situated, the municipality is exempt from this section."
B. Centralized Master Bidders List & Historically Underutilized Business (HUB) Search
1 Go to htt www.wondow.state.tx.us rocurement/cmbl cmblhub.html
_._ .~.~~~__~_. ^__---------~~_ . -L_--------
2) Click "HUBS on CMBL."
3) Enter "Class Code, Item Code, District" if available. Description of each is provided by
clicking on link directly below.
4) Select "Tarrant" on Texas County dropdown list.
5) Click "Submit Search."
6) Select appropriate Output Fields on "Select Fields For Detail List" page.
7) Click "Go."
8) Results will appear.
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