2011-R-41 Amended Purchasing PolicyRESOLUTION NO. 11-R-41
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE CITY'S PURCHASING POLICY,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City amend the purchasing policy approved by the City Council on June 19, 2007, as amended
September 4, 2007 (the "Current Purchasing Policy"); and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amend the Cun~ent Purchasing Policy as set forth in the Amended Purchasing Policy attached
hereto as Exhibit A (the "Amended Purchasing Policy").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes and approves the Amended
Purchasing Policy in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be hve,
and such recitals aze hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or• circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
50438787.1
EXHIBIT A
AMENDED PURCHASING POLICY
50438787.1 A- j
PASSED AND ADOPTED, this 30`h day of August, 2011.
CITY OF SC RTZ, T~F S
~~
ayor
ATTEST:
~C, ti y Secretary
(CITY SEAL)
50438787.1
CITY OF SCHERTZ PURCHASING POLICY
Purpose of the Purchasine Policy: The purpose of this policy is to establish ethical
guidelines and accountability for the expenditure of taxpayer funds to procure goods and
services used by the City of Schertz (the City) departments and offices. The processes used to
procure goods and services should always provide the best value (price and quality) for the
City, while providing an open and fair process for vendors. In accordance with Section 7.08
of the City Charter, the Schertz City Council (the City Council) has approved this policy.
Therefore, as necessary, appropriate revisions may be made only at the discretion of the City
Council. The Purchasing Department is responsible for• accw•ate maintenance and distribution
of approved revisions, including the rules, regulations, and procedures necessary to adhere to
the policy. It is essential, therefore, that compliance with the City of Schertz Purchasing
Policy be supported by all employees of the City.
a. The Purchasing Department is authorized to act as the centralized office for the
acquisition, management and disposal of City equipment, materials, and supplies. The
Purchasing Department is charged with the responsibility of assuring that all
procurements are in accordance with the City Charter, State of Texas Statutes, and
applicable Federal government requirements.
b. This policy will apply to all acquisitions funded by the City of Schertz, bond funds,
and other funds unless specifically exempted by applicable law or by City policy. The
exceptions are limited to items listed in subparagraph 13, as well as certain
professional services, real property, and leases that, because of their nature, are not
conducive to normal purchasing routine. These acquisitions shall be made under the
direction of the City Manager or• one of the persons designated to the City Council by
the City Manager to act for him/her in the event of the City's Manager's absence or
unavailability (the "City Manager's Designees").
c. The Purchasing Department shall develop and maintain adequate, reliable sources of
supply. It shall provide for product quality assurance and obtain all pw•chases at the
lowest cost that quality, quantity and safety permit.
d. The Purchasing Department shall promote and maintain good vendor, inter-
departmental and community relationships and assure that they remain within the
ethical limits as set forth in the American Bar Association's Model Procurement Code
for State and Local Government, as prescribed by the Texas State Comptroller.
e. Purchase orders, contracts, and change orders shall be made and executed by the
Purchasing Department, pursuant to a written purchase requisition. The City is not
responsible for verbal agreements for materials, parts, equipment, supplies,
construction or services delivered without a written order.
2. Principles of the Purchasine Policy: The Purchasing Department is charged with the
overall responsibility for• issuing solicitations and negotiating with sources on matters
relating to price, delivery, vendor selection and execution of contracts. For bids on purchases
of supplies, equipment, or services costing $50,000 or greater, the City Purchasing
Department will assist the Secretary as specified in subparagraph 4d below. The Purchasing
Department will provide the initial contact point for directors, managers, staff, suppliers,
consultants, and the public interested in information on the City's activities. It will oversee
and supervise the issuance, receipt, and opening of all offers and proposals that are submitted
relative to the purchase of equipment, materials, supplies, and surplus disposal. The
Purchasing Department shall maintain purchase history information files, as well as
documentation of all transactions. The Purchasing Department will participate in
negotiations, where appropriate, with user departments, project managers, consultants or
contractors relative to specifications and contractual responsibilities. This will facilitate the
thorough understanding and preparation of specifications or• contract terms and conditions.
The Purchasing Department will participate with user departments in establishing clear,
concise, nonrestrictive specifications and instructions to be utilized in procurement. City
consultants and/or project managers, when conducting the "request for quote" or bid
processes, shall coordinate with the Purchasing Department for all approvals to bid,
advertisements and bid opening dates, as well as resulting purchase orders or contracts. The
Purchasing Department has full authority to question the use, quality, quantity and kind of
item requisitioned.
a. Ethics: The Purchasing Department shall maintain multiple sources of supply for•
all procurements, as well as the best possible of relationships with vendors. The
goodwill of sources and the reputation of the City will be promoted by:
i. Keeping competition fair and open.
ii. Maintaining consistent buying policies and principles.
iii. Observing strict truthfulness in all transactions and correspondence.
iv. Respecting the confidence of sales personnel and their companies as to
confidential or proprietary information, as well as being scrupulous about
maintaining the highest level of business ethics when dealing with sources
and City departments.
b. Conflicts of Interest:
Affiliates (e.g., business concerns, organizations or individuals) and
employees of the City are prohibited fiom submitting offers for or
participating in any contract for City purchases from which they would
financially benefit, directly or indirectly. No affiliate or employee of the
City shall seek to influence in any manner the award of a contract,
purchase of a product or service from any vendor. Affiliates and
employees must immediately disclose to the City of any silent partnership,
proprietorship, employment, other involvement or relationship in a
prospective contract or procurement.
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ii. Acceptance of gifts by employees from sources or potential sources at any
time is strictly prohibited, except for inexpensive advertising items of
nominal value. Employees must not accept any gifts that create an
obligation to any source and shall not conclude any transaction fiom
which they benefit, directly or indirectly. Employees of the City are not to
participate in any type of extravagant entertainment with a supplier,
customer, consultant, or contractor. These restrictions do not include
entertainment such as business meals, occasional attendance at
professional sporting events, company sponsored dinners, etc., which are
customary and proper under the circumstances, as long as they are
consistent with good business ethics and do not place the recipient under
an obligation of any kind.
iii. Vendors shall be advised from time-to-time that employees may not solicit
or accept gratuities such as any type of compensation, contribution,
emolument, offer of employment, loan, reward, rebate, gift, money,
lodging, service, or "other thing of value," except as specifically outlined
in this section. If a trip to a source's plant or distribution center becomes
necessary for technical or other reasons, the trip must be made at the
City's expense, unless provided for contractually by the vendor and/or
approved by the City Manager. Noncompliance with this policy from a
vendor, consultant, or contractor maybe justification for termination of
the business relationship.
iv. Employees who do not comply with this policy may be subject to
disciplinary action and appropriate legal prosecution. Any employee
failing to comply with purchasing policies may also be required to pay for
the items or• services out-of-pocket, and/or be subject to disciplinary
action, including termination.
c. Purchasing Department Personnel: It is essential that Purchasing Department
personnel are well trained and acquainted with the legal requirements and regulations
governing the purchasing function. When potential conflict with an existing
regulation is suspected, or legal assistance is advisable, it is the responsibility of the
Purchasing Department to notify the City Manager or one of the City Manager's
Designees.
d. City Employees: All city employees are required to file a City of Schertz Conflict of
Interest Form with the Purchasing Department if any family member is conducting,
will conduct, or plans to conduct business with the City of Schertz. The form will be
filled out annually (once a year) and filed with the Pw~chasing Department no later
than October 1 of each year in which the family member begins discussions,
con•espondence, negotiations, submits an application or responds to a bid or proposal.
e. Elected and Appointed Officials: Elected and appointed officials and vendors are
required to file with the City Secretary the state-mandated Conflicts Disclosure
Statement as enumerated below:
For Contractors: A person or business, and their agents, who contract with
the City or who seek to contract with the City are required by Texas Local
Government Code, Chapter 176, to file a conflicts disclosure questionnaire
(Form CIQ) created by the Texas Ethics Commission which is available
online at www.ethics.state.tx.us. The form must be filed with the City no
later than seven (7) days after the date the person or business begins
contract discussions or negotiations with the city, or submits an
application, response to a request for proposals or bids, correspondence, or
other writing related to a potential agreement with the city. Such person
and businesses, and their agents, must also file an updated questionnaire
not later than September 1 of each year in which the person or business
begins contract discussions or negotiations with the City, or submits an
application, response to a request for proposals or bids, correspondence, or
other writing related to a potential agreement with the City and within
seven (7) days after the date of an event that would make a filed
questionnaire incomplete or inaccurate. An updated, complete
questionnaire is not required if the person or business filed a questionnaire
or updated questionnaire after June 1 but before September 1.
ii. For Elected and Appointed Officials: Officers of the City and its boards
and commissions (including the Economic Development Corporation)
must file a "conflicts disclosure statement" (Form CIS) with the local
govermnent records administrator within seven days of becoming aware
o£
1. The officer or a family member of the officer has an employment
or• business relationship that results in taxable income with a
person who has executed a contract with the City or with whom the
City is considering doing business; or
2. The officer or a family member of the officer has accepted one or•
more gifts (other than food, lodging, transportation, or
entertainment) with an aggregate value of $250 in the preceding 12
months from a person who has executed a contract with the City or
who is being considered for business with the City.
3. A family member is defined as a person related to another person
within the first degree by consanguinity (blood) or affinity
(marriage) which includes a spouse, father, mother, son, daughter,
father-in-law, mother-in-law, etc.
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4. The conflicts disclosure statement (Form CIS) has been created by
the Texas Ethics Commission and is available online at
www.ethics.state.tx.us. Failure to disclose information is a Class C
misdemeanor punishable by a fine not to exceed $500. A defense is
if the official files the required statement within 7 days after
receipt of notice of the violation.
3. General Procurement Guidelines:
a. The Purchasing Department will maintain a list of suppliers for day-to-day office
supplies and make bulk purchases from the most economical source available.
b. Department Heads or their designee may authorize repetitive day-to-day purchases,
not to exceed $1,000 per job, for such items as base materials, automotive equipment
and repairs, and plumbing supplies from regular suppliers without obtaining bids, by
initiating and approving a purchase order. Prior to purchase, the Department Head or
designee will coordinate with the Purchasing Department to ensure the lowest price
from a reputable dealer.
c. Department Heads or their designee may request the purchase of single items not
exceeding $1,000 without the need of a bid tabulation sheet or tluee oral quotes.
Multiple purchases of the same item are authorized providing they are on one
purchase order and do not aggregately exceed $1,000. Separate purchase orders may
not be initiated for the sole purpose of remaining below the $1,0001imitation. The
Department Head or his designee must initiate and approve the purchase order prior
to actual purchase.
d. All other purchase orders, except as provided in subparagraph 4G below, will be
initiated by the Purchasing Department based upon information provided by the
Department Heads or their designees.
e. Written, fax, email, or• telephone "requests for quote" are authorized for purchases
exceeding $1,000, but less than $50,000. Department Heads must coordinate with the
Purchasing Department before soliciting "requests for purchase." The Purchasing
Department will submit the appropriate purchase order to the City Manager or one of
the City Manager's Designees prior to actual purchase. The City Manager or one of
the City Manager's Designees must approve the purchase order prior to any ordering
of supplies or services.
f. Bid requirements pursuant to Article 2368(a) VTCS will apply to purchases costing
$50,000 or more.
g. The City is authorized to use co-ops to include Buy Board, Texas Building and
Procurement Commission, U.S. Communities, the Texas Department of Information
Resources, the Co-operative Purchasing Network, and the Houston-Galveston Area
Council. Permission to use the co-ops is relegated solely to the Purchasing
Department. When the co-ops are used, bids are not required. However, a purchase
order approved by the City Manager or one of the City Manager's Designees is
required before any purchase can be finalized.
h. The City Manager or one of the City Manager's Designees may waive any or all of
the above procedures, except item 3(f) above, incases of emergency or in such
instances after determining that deviation is in the best interest of the City.
i. The policies contained herein apply to all purchases including, but not limited to,
credit card, electronic, and on-line purchases.
j. Notify all vendors to direct all invoices to the Finance Department.
k. The departments shall maintain a purchase order register to include telephone
"requests for quote" and quote tabulation sheets.
1. After approval of a purchase order, the original copy goes Finance, a 2nd copy goes
to the department, and 3rd copy goes to the Purchasing Department.
4. Specific Procedures:
a. Office Supplies:
i. The Purchasing Department will maintain a list of local vendors along
with prices for usual office supplies.
ii. Department Heads will appoint one person in each department to
coordinate ordering of office supplies.
iii. By noon Monday of each week, staff members will submit a list of needed
office supplies to their designated coordinator.
iv. Coordinators will aggregate the requests and submit them to the
Purchasing Department by close-of-business Monday of each week.
v. The Purchasing Department will aggregate the lists each Tuesday, prepare
a separate purchase order (which includes accounts numbers against which
to charge the supplies) for bulk purchase fiom multiple vendors to ensure
lowest price, have the purchase orders approved, and procure the items for
delivery to departments no later than close-of-business Thursday of each
week.
vi. Employees and/or departments that fail to submit orders timely may
borrow supplies from other employees/departments and submit an order
the following week. In no case will petty cash be used to purchase office
supplies.
vii. Some items may require special ordering procedures. The Purchasing
Department will advise Department Heads if special ordering is required
along with anticipated delivery date and other available options.
b. Petty Cash Purchases ($1001imit):
i. Use petty cash for emergency acquisition of supplies and/or services
(except for office supplies) when the vendor will not accept a purchase
order or procurement card. It is also used for attendance at luncheons,
meetings, etc., where "cash only" is the normal method of payment.
ii. No item purchased with petty cash funds may exceed $100.
iii. Support all petty cash purchases with a receipt along with written
justification for the purchase.
iv. Individuals authorized to maintain petty cash accounts can get their
accounts replenished by turning in the receipts to the Finance Department.
c. Request for Purchase Order From Purchasing Department:
i. Department Heads will appoint authorized individuals to initiate purchase
orders tluough the Purchasing Department.
ii. The Purchasing Department maintains a list of approved individuals and
will not process purchase orders from unauthorized persons.
iii. Purchase order requests may be submitted by form letter or email and
must have the following supporting documentation:
1. Date of requisition
2. Authorized individual making the request (must be on approved
list)
3. Signature of Department Head or authorized individual. If
submitted by email, include a statement that the Department Head
is aware of, and approves the purchase.
4. Contact number
5. Date item needed
6. Quantity requested
7. Description of item(s) requested
8. Budget or finance code against which to charge the purchase
9. Purpose of item(s) purchased
10. Estimated cost
11. Point for delivery.
d. Purchases Costing $50,000 or Greater:
i. Obtain approval of the City Manager or one of the City Manager's
Designees.
ii. Request the City Secretary to advertise in an official newspaper once a
week for two consecutive weeks, with first publication being at least 14
days prior to the opening of bids.
iii. Refer to paragraph 5 for additional requirements if competitive bidding is
required.
iv. The City Secretary will oversee the opening and recording of all bids.
e. Emergency Requirements:
i. When emergency procurement of materials or services is required, the
Department Head will obtain approval by the City Manager or one of the
City Manager's Designees prior to any procurement action.
ii. If the City Manager or one of the City Manager's Designees is not
available, the Department Head will obtain only those materials or
services absolutely critical to restore or re-establish essential City services.
The Department Head must advise the Purchasing Department and either
the City Manager or one of the City Manager's Designees of these actions
as soon as possible.
£ Special Procedures Regarding Vehicles:
Vehicles must be processed tluough Fleet Services, the City Secretary, and
the Purchasing Department to ensure proper operation, registration,
vehicle markings, and insurance requirements are met. This applies to all
vehicles regardless of which Department or funding source made the
purchase (i.e. Fire Department, EMS, drug enforcement money,
Purchasing Department, etc.)
ii. Fleet Services will not release the vehicle until all requirements are met.
g. Special Procedures for Public Safety Specific Items:
i. Any items that require special licensing to order, including but not limited
to such items as medical supplies, medicines, firearms and ammunition,
chemicals, etc., will not be ordered by the Purchasing Department.
ii. The person who holds a valid license to make such purchases must still
coordinate with the Purchasing Department to ensure the best source of
procurement.
iii. After the Purchasing Department has determined the best source of
procurement, the license holder will prepare the appropriate purchase
order, following the rules as set forth in subparagraph 3.1.
h. Special Procedures for Credit Card Purchases:
Any purchases made with a City of Schertz credit card for travel and
business related meals will be created with an "open purchase order"
starting at the beginning of each billing cycle and closing promptly upon
receipt of the billing statement. The purchase order will be turned in no
later than five days after the receipt of the billing statement to the Finance
Depaztment.
ii. A purchase order will be created for all purchases (exception 4.h.i) and
forwarded to the Finance department for processing.
5. Competitive Bids:
a. This procedure is used when competitive solicitation requirements are mandatory
($50,000 and over) for• purchases of materials, equipment, supplies, construction, and
services. Detailed specifications are included in the invitation to bid. State of Texas
and local statutes apply to advertisement and opening of bids. Component orders or
contracts, each less than $50,000, but which in the aggregate exceed that amount, and
which reasonably should be included in the one order or contract shall not be used to
avoid the prohibition of Statutes.
b. The City Manager or one of the City Manager's Designees may grant permission to
seek bids for all approved budgeted purchases on an annual basis, or require approval
for individual purchases of materials, equipment, supplies, construction or services.
Permission to seek bids for approved budgetazy purchases must be acquired from the
City Manager or one of the City Manager's Designees prior to advertisement.
c. The City Council, through this policy, delegates to the City Manager or one of the
City Manager's Designees the authority to approve bids and execute contracts in the
amount of $49,999.99 or less provided these expenditures are part of the City's
budget. Where appropriate, the City Manager may further delegate this responsibility
to the Assistant City Manager(s).
d. EXCEPTION: With approval by the City Manager or one of the City Manager's
Designees, specific procurements ($50,000 or more) may be outside the sealed bid
process. The Purchasing Manager must be notified of the emergency situation and the
procurement process. Exceptions are:
i. In case of public calamity, to act at once to appropriate money to relieve
the hardship of the citizens or to preserve the property of the City.
ii. To preserve or protect the public health or safety of the citizens.
iii. When it is due to unforeseen damage to public property, machinery, or
equipment.
iv. If time permits, the City Manager or one of the City Manager's Designees
will seek and obtain approval of the City Council for procurements in
excess of budget amounts. (Note: this exception is set forth in the Local
Government Code Section 252.00.).
6. Requests for Pronosal: This method of procurement is used for:
a. Procurement of high technology equipment.
b. Procurement of professional/personal services, as defined in Chapter 2254
"Professional and Consulting Services" of the Texas Government Code.
Noncomnetitive Neeotiations: (sole source, proprietary source)
Used in those specific instances where competition is nonexistent, or in certain "exempted
procurements" because of the existence of patents, copyrights, secret processes, or the
purchase of captive replacement parts or components for equipment, as well as the technical
services related to such equipment, as long as governmental policy, rules and regulations do
not prohibit them. Determination of sole source/proprietary source status must be reviewed
annually.
8. Coonerative Purchasine:
The City may enter into cooperative buying agreements with other local government
agencies in accordance with the State of Texas Interlocal Cooperation Act of 1971, as
approved by the City Manager or one of the City Manager's Designees.
9. Two-Step Advertised Procurement:
This method is used when competitive solicitation requirements are mandatory, but detailed
specifications are lacking. The first step in the process is the issuance of a request for
conceptual proposals to be submitted without indicating prices, through the advertised, sealed
bid process. The second step consists of obtaining fair prices for the delivery as developed
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from the conceptual proposals. The request for pricing is sent only to those firms the City (or
its duly authorized consultant) has determined can and will fulfill the requirement, again
utilizing the sealed bid process. Award is made to the evaluated "best and lowest" vendor
only.
10. Alternative Proiect Delivery Methods:
Alternative project delivery methods, as defined in the Local Government Code, Chapter
271, Subchapter H, maybe used as applicable.
11. Consideration of Location of Bidder's Princinal Place of Business•
For purchases of $50,000 and over, where competitive sealed bids are used, a bid received
from a bidder whose principal place of business is located within the City limits maybe
approved if the bid is within 3% of the lowest bid price received from a bidder outside the
City limits, provided that said bid meets all qualifications and specifications and provides the
best combination of price and additional economic development opportunities for• the City.
12. Insurance Requirements:
The City may require certain insurance coverage to be provided by contractors, vendors and
consultants. In general, if a service is being provided on City property, proof of insurance is
required. Specific insurance requirements are incorporated into bid documents and
specifications for each bid, proposal, or "request for purchase." Insurance requirements are
reviewed periodically to determine the appropriateness of coverage and values.
If a vendor requires insurance for their product which is on a lease basis with the City of
Schertz, the Risk Manager must be notified immediately and all documentation must be filed
with the City Secretary's office.
13. Purchase Order Exemptions:
Certain recurring monthly expenses detailed below do not require a purchase order. Invoices
for these expenses should be submitted directly to the Finance Department, with appropriate
account coding and signature of the Department Head or his designee. The following items
do not require a purchase order:
a. Water
b. Sewer
c. Gas
d. Electricity
e. Pagers
£ Telephone
g. Cellular phones
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h. Fleet Gasoline Card
i. Insurance payments
j. Monthly, quarterly, or annual payment for contracted services for water rights,
wholesale power, or solid waste
k. Disbursement of occupancy tax funds according to the City Budget
I. Automatic renewal of State and local certifications and licenses
Approved by City Council on August 30, 2011.
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