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HomeMy WebLinkAbout06-511 Adopt Purchasing Policy CITY OF MERIDIAN RESOLUTION NO. tlð- ;;/1 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION ADOPTING THE PURCHASING POLICY FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 11, 2006, the City Council of the City of Meridian received a staff report regarding the revised City of Meridian Purchasing Policy; and WHEREAS, after receiving said report, the City Council directed that the City of Meridian Purchasing Policy be brought forward in Resolution fonn to revise and update the Purchasing Policy for the City of Meridian. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the revised City of Meridian Purchasing Policy be adopted, a copy of which is attached to this Resolution and incorporated herein by this reference. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this 18~day of +/' / , 2006. *' APPROVED by the Mayor of the City of Meridian, Idaho, this 19 -day of /J¡a.ril , 2006. APPROVED: 'I\\~~" ~ /l /'!~-1¿;fJ \ \ , "'þ " '¿£:¿ ~ :/\. \\\ rtI' ;,.."~,,, ,.i",',,-- /1/, ,,'.J'V'¡""O"'~'J,'. ,. ~'- ~"' "1\X-;\;'" it ,J.::;. ~ ð. ,fj~tf"å'f';4")) ~ ATTEST: f J;;' ' "<) '\ ,/ ::: f"""" y - .¿/ý~ Á ~( 9t -y ",...,,~o R ~ ,;,. 4i;) Ac.~",,-,. ~:" CITY CLERK -:t: ï'.~~:.!tf;]ì 'î~::'{ . ',,/ ,.~ .~'": ~ """ ""'" ..-,/ ,'~'" ," ~ "",,_.,,'c.' ~ .~o,"',.~ ,'- "" ("\,.." . ..¥ ,." "'I ~u~ ;~"...,.....<t ' '.' 'I,/.. .."...,.~ : '.\\"\' ¡111!i"'H~j';'\\\' Resolution for City of Meridian Purchasing Policy Page 1 of 1 / CITY OF MERIDIAN PURCHASING POLICY Adopted: 4-18-(/6 Resolution: 6lG -5/1 Purpose: Commodities and services purchased in the public sector represent a direct cost to the taxpayer. Every purchase that City employees make is subject to public scrutiny. Competition and best value are the central principles of public procurement. The rules and regulations in this policy were developed to encourage competitive solicitation for sound value, guard against favoritism and profiteering and promote the interest of local economies by providing equal opportunities to compete for government business. References: See Attachment A PURCHASING POLICY Page 1 of 20 Table of Contents Definitions ............................................................................................................. 3 Purchasing Ethics and Vendor Relationships....................................................... 3 Purchasing Authority......... ................................ .............. ...................................... 4 Semi-Formal Bidding ............................................................................................6 Formal Bidding......................................................................................................8 Request for Proposal..........................................................................................12 Determination of Need to Contract...................................................................... 13 Leases (City as Lessee) """""""""""""""""""""""""""""""""""""""""", 13 Risk Management and Insurance Requirements ................................................ 14 Exceptions to Competitive Bidding...................................................................... 14 Payment Process................................................................................................16 Surplus Property .................................................................................................18 Attachment "A" ....................................................................................................20 PURCHASING POLICY Page 2 of 20 I. DEFINITIONS A. Public Purchasing: The purchasing or procurement of an item or a service that meets the need of the City, at the best price, from the most responsive and responsible vendor. B. Idaho Code (I.C.): This policy refers to several Idaho Statutes. See Appendix A for a list of all statutes that impact public purchasing. C. Public Works Construction: Public works construction does not pertain only to those projects undertaken by the Public Works Department. Statute and this policy cover any construction, repair or reconstruction of any public work (including, but not limited to, buildings, pipelines, irrigation, drainage facilities, curbing, and numerous "specialty construction" types of work). See I.C. §54-1901 for further definition and types of work subject to the requirements of this policy. D. Bid Documents: A set of documents, made available to bidders that may include an invitation to bid, instructions to bidders, bid form, general conditions, supplemental general conditions, special provisions, technical specifications, drawings, or other information necessary to adequately convey the characteristics of the item or service being sought. II. PURCHASING ETHICS AND VENDOR RELATIONSHIPS Every City employee has a personal responsibility to conduct government business in an ethical manner and assure the integrity of the City purchasing and procurement processes. Department managers are responsible for adherence to City and State purchasing rules and regulations. A. Prohibitions The City has adopted the following state statutes in regard to purchasing prohibitions: 1. I.C. §67-5726 - Conflict of interest regarding the holding of contracts or selling to the City property or supplies by City employees. 2. I.C. §67-5726 - Prohibition regarding the influencing or conspiring to influence public purchasing decisions and contract awards. Attempts at influence may include kickbacks and bribes, peddling or payment of a fee, back door selling, hard-sell tactics, fraternization, or offering gifts to avoid following published procedures or gain advantages. 3. I.C. §67-5726 - Circumventing Purchasing Authorization - Prohibits efforts by PURCHASING POLICY Page 3 of 20 employees to obtain products or services by avoiding the competitive process by splitting purchases, creating false emergency situations and non-use of City-wide contracts. B. Code of Ethics All City of Meridian employees responsible for procuring goods or services shall: 1. Follow the rules and regulations of the City of Meridian and the laws of the state of Idaho. 2. Avoid activities that would compromise or give the perception of compromising the best interests of the City. 3. Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. 4. Act as good custodians of public money by obtaining maximum benefit for funds spent. 5. Never solicit or accept money, loans, credits or prejudicial discounts, gifts or entertainment material in nature (generally exceeding $50), favors or services from your present or potential suppliers, which might influence or appear to influence purchasing decisions. C. Vendor Relationships Developing and maintaining good relationships with our suppliers is important. Maintain and practice, to the highest degree possible, business ethics, professional courtesy, and competence in all transactions. Adhere to and protect the supplier's business and legal rights to confidentiality for trade secrets, and other proprietary information. III. PURCHASING AUTHORITY Each Department Director or designee within the City shall have the authority to acquire goods or services in accordance with the following guidelines. A. Goods and Services. 1. Purchases Up To $1,000 Each Department Director or designee can make purchases up to $1,000 at their discretion without competitive bidding as long as the expenditure is within their appropriated budget. 2. Purchases From $1,000 to $5,000 Such purchases can be made with the approval of the Department Director and must be accompanied by a signed purchase order. The approval should take place when the purchase order is issued, before any obligation has been PURCHASING POLICY Page 4 of 20 incurred. If the item is already on contract or an open purchase order, a purchase order is not required but the initial contract purchase order should be referenced on the invoice. 3. Purchases More Than $5,000 and Less Than $25,000 Such purchases can be made with the approval of the Department Director and must be accompanied by a signed purchase order. The approval should take place when the purchase order is issued, before any obligation has been incurred. If the item is already on contract or an open purchase order, a purchase order is not required but the initial contract purchase order should be referenced on the invoice. Each Department's City Council Liaison must sign all purchase orders in this range. 4. Purchases More Than $25,000 and Less Than $50,000 These purchases require semi-formal, written bids in accordance with I.C. 67- 2806(1). Also required is the issuance of a purchase order. Each Department's City Council Liaison must sign all purchase orders in this range. See Section IV. See I.C. 67-2803 for exclusions. 5. Purchases $50,000 or Greater Expenditures at this level must go through a formal bid process in compliance with I.C. 67-2806(2). See Section V. See I.C. 67-2803 for exclusions. 6. Specialized Repair More than $25,000 and Less than $50,000 Repair of specialized equipment that is NOT considered a "public work" as defined by statute may utilize semi-formal bidding. Examples of repair work that may qualify under this provision include supply well pumps, heavy rolling stock, previously sole-sourced process equipment and specialty wastewater equipment. Examples of repair work that would not qualify under this provision are passenger vehicles, office buildings, pipelines, and irrigation facilities. The Department Director must secure approval from their department liaison prior to proceeding with semi-formal bidding under this provision. B. Public Works Construction 1. Projects Up To $25,000 Contracts that are less than twenty-five thousand dollars ($25,000) may not have to be semi- or formally bid, provided such contracts or purchases are guided by the best interests of the City. PURCHASING POLICY Page 5 of 20 2. Projects From $25,000 To $100,000 Contracts require semi-forming bidding. See Section IV. 3. Projects Greater Than $100,000 Contracts require formal bidding. See Section V. 4. Public Works Licensure Statute requires that all public works contractors hold a valid and work-specific public works license from the State of Idaho where the cumulative value of the work to be completed exceeds $10,000. The City also encourages the use of licensed public works contractors for projects under this statutory limit. IV. SEMI-FORMAL BIDDING A. Minimum Requirements. At least three bids must be obtained if possible and at least three of those must be from vendors with a significant Idaho presence (if possible). There is no maximum number of bids. Semi-formal bidding must comply with LC. 67-2806(1). Idaho Code Section LC. 67-2349 defines significant Idaho presence as follows: "For the purposes of this section, any bidder domiciled outside the boundaries of the state of Idaho may be considered as an Idaho domiciled bidder, provided that there exists for a period of one (1) year preceding the date of the bid a significant Idaho economic presence as defined herein. Significant Idaho presence shall consist of the following: 1. That the bidder maintain in Idaho fully staffed offices, or fully staffed sales offices or divisions, or fully staffed sales outlets, or manufacturing facilities, or warehouse or other necessary related property; and 2. If a corporation be registered and licensed to do business in the state of Idaho with the office of the secretary of state." B. Format. The request for bid must be written. It must be documented with the date, company name and person providing the bid and be signed by the City employee obtaining the bid. At least three (3) days must be allowed, unless an emergency situation exists, for a written response. Allow one (1) business day after deadline for receiving bids for objections. PURCHASING POLICY Page 6 of 20 C. Splitting of Requirements. Acquisition requirements shall not be divided to avoid compliance with bidding statutes, rules, or policies. I.C. 59-1026 provides for a $5,000 civil penalty to an entity for willfully and knowingly "splitting" or separating purchases to avoid bid statutes. D. Award of Bid. The award shall be made to the bidder offering the lowest acceptable bid. If a bid is not acceptable, retain written explanation of the reason. This provides support documentation in the event of challenge by an unsuccessful bidder. If the lowest bid is not acceptable, all bids must be rejected. Awards may be made in any of the following ways. (Documentation demonstrating the semi-formal bid process was followed must be forwarded to the Finance Department with the first request for payment.) 1. Lowest Cost. Generally, awards are made to the lowest cost responsible bidder. Responsible bidder is defined as the vendor whose bid conforms in all material respects to the request for bid and reflects the lowest acquisition price. Comparisons of costs should include all costs, including such items as delivery costs, setup charges, removal charges, labor charges, and any additional materials required, and other elements described in the bid. 2. Best Value or Weighted Cost. To determine best value a weighted analysis may be used. In a weighted analysis, cost is only one factor in determining the award. Other factors may include evaluation of specifications, comparative performance examinations, vendor references, product usability, flexibility, maintenance, company resources, previous experience, etc. To assure a fair determination of award, identified factors are weighted according to importance in the overall purchasing decision. Relative scores are assigned to each factor, including price, to determine the lowest acquisition cost. All identified factors to be used in awarding the bid must be contained in the written Request for Bid. 3. Life-Cycle Costing. Awards may also be made to bidders offering the lowest life cycle cost. Life-cycle costing means the total cost of an item for its entire life span. It includes initial purchase price, operating supplies, maintenance, repairs, salvage value, and disposal costs. E. Tax Commission Requirements. 1. Within thirty (30) calendar days after Council awards a contract to a public works contractor, the Finance Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. §54-1904A. PURCHASING POLICY Page 7 of 20 2. If material or equipment is purchased or supplied by the City of Meridian, who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 V. FORMAL BIDDING Formal bidding is generally used for construction projects, tangible property and in instances where the purchaser knows what they want and the goal is to obtain the best price. Requests for proposals are generally used for services and in cases where the need is known but the solution is not (examples: consulting engineers, architects, project manager, planning consultants). Formal bidding must comply with I.C. §67-2806(2). Bidding must follow the following applicable steps: A. Develop Specification. The term "specification" refers to a description of the characteristics or a commodity or service required. It is the explicit requirement furnished with a solicitation upon which a purchase order or contract is to be based. Specifications are written not to restrict bidding but to encourage open competition. The goal is invite maximum reasonable competition. See Section X for allowable exceptions to formal bidding. Checklist for Specifications: 1. Specifications should be clear and accurate, yet simple. They should not be so specific that a loophole eliminates competition and allows a vendor to take advantage of the purchaser. 2. Specifications should be as flexible as possible. Inflexible specifications defeat the competitive bid process. 3. Specifications must be written so it is easy to check that the product or service meets the specification. 4. Specifications should be reasonable. 5. Specification should be as fair as possible and allow for competitive bidding by several bidders. B. Procedure for Bid Solicitation 1. Notice. The notice inviting bids must set the date and place for the bid opening. The first publication shall be at LEAST two (2) weeks before the date of the bid opening. A longer time period might be preferable. Notice must be published at least twice, not less than one (1) week apart, in the official newspaper of the City. The bid opening must be at least one (1) week PURCHASING POLICY Page 8 of 20 after the second notice publication. The notice should succinctly set forth the project to be done. Bid notice information must be forwarded to the City Clerk at least one full week before the first public notice is to appear. The Public Works Department is responsible for publishing that department's bid notices. The notice must list the location of for obtaining Bid Documents as well as the name of the project manager. The City may require a deposit or charge for bid documents. 2. Pre-Bid Conference. Pre-bid conferences may be held to explain the item or project requirements. They should be announced to all prospective bidders known to have received an Invitation to Bid. The conference should be held long enough after the Invitation to Bid has been issued to allow bidders to become familiar with the project but long enough before the bid date to allow consideration of the conference results in bid preparation. Nothing in the pre-bid conference can change the Invitation to Bid or Bid Documents unless a change is made by written addendum. If a transcript is made, it shall be a public record. A pre-bid conference is an excellent way to receive bidder input prior to a bid opening. Bidders have the opportunity to point out inconsistencies in specifications or provide suggestions on technical specifications that may benefit the City. C. Addenda to Bid Documents 1. Addenda Format. Addenda to bid documents shall be identified as such and shall ask that the bidder acknowledge receipt of all addenda issued. The addendum shall reference the portions of the Invitation for Bid it amends. 2. Addenda Distribution. Addenda shall be sent to all prospective bidders known to have received the invitation to bid. The City Clerk or Project Manager shall notify all prospective bidders by fax or mail. 3. Addenda Timelines. Addenda shall be distributed within a reasonable time to allow prospective bidders the opportunity to adjust bid preparation. If the date and time previously set for the bid opening do not accommodate such preparation the bid opening time must be increased and once again all prospective bidders notified by the City Clerk or Project Manager. A bid opening time should be documented in the addendum. D. Bid Opening and Evaluation PURCHASING POLICY Page 9 of 20 1. All bids must be received in the City Clerk's office by the date and time specified in the Invitation to Bid. 2. All bids must be signed. 3. No bid received by the City may be withdrawn after the time set in the notice for the opening. 4. The project manager prepares the bid tabulation sheet before the bid opening. 5. The City Clerk publicly opens the bids at the time and place stated in the public notice. No person is denied the right to be present at the opening of bids. The first items read are the signature and the bid security information. If this information is not available the bid is void and cannot be considered. 6. The City Clerk hands the bids to the Project Manager for review. The Project Manager: a. Checks that bid security is included, if required. b. Checks that acknowledgement of addenda is included. c. Reference HVAC/Mechanical/Electrical subs if required. d. Fills out and totals bid schedule. e. Reads responsive bid amount out loud. f. States who the apparent low bid is. g. States that all bids will be evaluated for arithmetic correctness and other items as deemed appropriate. h. Announces the date that a recommendation of award will be presented to the City Council. 7. Bid results are available in the City Clerk's Office to all interested parties. 8. If the lowest responsible bid is less than or equal to $25,000 Council action is not required. (The Mayor must sign all City contracts) 9. If two or more bids are the same, the City Council may accept the one it chooses. If no bids are received the Council may make the expenditure without further compliance with this section. E. Council Action For Formal Bid Decisions 1. City Council Agenda. Staff recommendations are placed on the Consent agenda. If the item is controversial or reflects policy that has not been addressed it can be added to the Council agenda for discussion. Council may also pull Consent items and ask for discussion with staff. At their PURCHASING POLICY Page 10 of 20 discretion staff may choose to not place the item on the consent agenda and may present the contract to the Council as a regular agenda item. 2. City Council Action. The City Council may: a. Accept staff recommendation. b. Approve an alternate bid in accordance with state statute and City policy c. Defer action and request more information. d. Reject all bids and re-advertise. e. After rejecting bids the City Council may, after finding it to be a fact, pass a resolution declaring that the purpose of the expenditure can be realized more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may fulfill the purpose of the expenditure in the manner stated without further compliance with competitive bidding requirements. f. If no bids are received the City may make the expenditure without further compliance with competitive bidding; requirements. This includes buying the material and supplies and/or having City employees do the work. g. The Project Manager shall notify the successful bidder of the award of the bid. F. Mistakes in Bids. Reference Idaho Code §54-1904 (8 - E) for specific reasons for (and ramifications of) withdrawing a bid. G. Additional Requirements for Public Works Construction. 1. Public works contractors have additional requirements for construction projects: a. Must be bondable for performance and payment; b. Must have a valid Public Works license through the State of Idaho; c. Must have class of license specific to dollar value of project; d. Must satisfy additional insurance requirements as stated in the project specifications or bid documents; e. Hold certain specialty license, as required by State of Idaho. H. Tax Commission Requirements. 1. Within thirty (30) calendar days after Council awards a contract to a public works contractor, the Finance Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See LC. 54- 1904A. 2. If material or equipment is purchased or supplied by the City of Meridian, who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. PURCHASING POLICY Page 11 of 20 For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 IV. REQUEST FOR PROPOSAL A. Purpose. A request for proposal is generally utilized in the acquisition of services or complex purchases. A RFP describes a problem or need in general terms and seeks a written response including pricing information, which describes the solution or means of providing the property requested by the request for Proposal. Price might be an evaluation criterion for proposals, but will not necessarily be the predominant basis for contract award. B. Specific Statutory Requirements. Specific criteria are applicable to professional service contracts with design professionals (engineers, architects and landscape architects), construction managers, and professional land surveyors. These criteria are described in Idaho Code §67 -2320 State Government and State Affairs, Chapter 23, Miscellaneous Provisions, Professional Service Contracts With Design Professionals, Construction Managers And Professional Land Surveyors. C. Procedure. To choose between a request for proposal or competitive formal or semi-formal bidding, consider the following factors: 1. Whether the relative skills, expertise, or technical capability of the offers will have to be evaluated. 2. Whether the cost is secondary to the characteristics of the property or service sought, as in a work of art. 3. Whether the conditions of the service, property or delivery conditions are unable to be sufficiently described in the Invitation to Bid. 4. Whether the acquisition is for highly complex or technical property of services and evaluation of the vendor's approach, management capabilities, innovation, or other technical factors are secondary to cost. D. Problem Statement. The RFP is written so that potential offerers understand the problem they are being asked to address or service they are to provide. Any limits or conditions that apply must be included. The RFP must state in general terms all of the evaluation factors and their relative importance, including price. E. Evaluation of Proposals. The evaluation must be based on the evaluation factors set forth in the RFP. Numerical rating systems are generally used but are not PURCHASING POLICY Page 12 of 20 required. Factors not specified in the Request for Proposal shall not be considered in evaluating offers or determining award of contract. F. Award. 1. A written determination shall be made explaining how the award was found to be most advantageous for the agency based on the evaluation criterion set forth in the Request for Proposal. 2. If only one proposal is received in response to a Request for Proposal, the City, as it deems appropriate, may make an award, reject the proposal, or if time permits, re-solicit for the purpose of obtaining additional proposals. VII. DETERMINATION OF NEED TO CONTRACT A. A contract may be established as the result of a bid or a RFP. Agreements where someone is performing a service defined by the City that will exceed $5,000 generally require a written contract. B. The Mayor must approve contracts for $50,000 or less. C. All contracts exceeding $50,000 shall be placed on the City Council consent agenda. If the Council requires discussion they can be pulled from the consent agenda and discussed. Staff may also request such contract not be placed on the consent agenda. D. The City Attorney must review all contracts for legal adequacy. E. All contracts must be signed by the Mayor, with City Clerk attestation to Mayor's signature. F. The original signed copy of every contract must be retained in a central file in the City Clerk's office. The City Clerk shall forward a signed copy to the Finance Department for payment verifications. G. The City Attorney should be consulted on any decision made to declare a breach of contract due to failure to perform. XIII. LEASES Cit as Lessee A. The City may enter into lease agreements. If practical, the City is encouraged to use the competitive bidding process. Market conditions and the urgency of the City's needs are factors to be considered in determining whether to use a competitive bidding process. PURCHASING POLICY Page 13 of 20 B. All leases exceeding $25,000 will be placed on the City Council consent agenda. If the Council requires discussion they can be pulled from the consent agenda and discussed. C. The City Attorney must review all lease agreements for legal adequacy. D. The Mayor must sign all lease agreements and City Clerk attest to Mayor's signature. E. The original signed copy of every lease agreement must be retained in a central file in the City Clerk's office. The City Clerk will forward a copy to the Finance Department for payment verifications. * Leases of City-owned property shall be governed by the provisions of I.C. §50- 1409 XIII. RISK MANAGEMENT AND INSURANCE REQUIREMENTS A. Public Works Department Projects. The Public Works Department is responsible for ensuring that all insurance requirements are met for their projects. Public Works will maintain necessary documentation in their offices and have available for audit upon request. B. Non Public Works Department Projects. Project Managers for all other City contracts that require insurance will be responsible for obtaining proof of insurance and having the documents available for audit upon request. C. Worker's Compensation Insurance. Providers of services to the City may be required to file a certificate of Workers Compensation Insurance. Each department is responsible for ensuring a copy of the certificate is filed with the contract if appropriate. Contact the City Treasurer to determine if the certificate is necessary. X. EXCEPTIONS TO COMPETITIVE BIDDING A. Cooperative Bidding The Department may use the established state, federal, city, or county contracts to make purchases. The Division of Purchasing contract information is located at: httD;/ /www2.state.id.us/adm/Durchasina/aovinfo.htm In accordance with I.C. §67-2803(1) and §67-2807(1), departments may also piggyback on other city or county bids within six months of the original bid award if the pricing is consistent the original bid and the bid process followed I.C. Title 67. All bid documentation must accompany the purchase order. PURCHASING POLICY Page 14 of 20 City employees are strongly urged to use State of Idaho contracts. State contracts are developed to include price, delivery, reporting capability and other beneficial services. They meet the important competitive bidding criteria and save the time and effort the employee spends shopping around. B. Emergency Purchasing Per LC. §67-2808(1), any sum may be expended by the City in the event of an emergency such as "extraordinary fire, flood, storm, epidemic or other disaster, of it is necessary to do emergency work to prepare for national or local defense or to safeguard life, health, or property." The Mayor must declare the emergency and provide expenditure approval. Such contracts may not be for a period that exceeds one year. C. Sole Source Purchasing - Purchases under $50,000 Per LC. §67-2808(2), competitive bidding requirements may be waived if the there is only one vendor for the goods or services to be acquired: Sole source acquisitions must be approved by the department's liaison prior to purchase. Examples of sole source purchases: . Where the compatibility of equipment, components, accessories, computer software, replacement parts, or service is the paramount consideration . Where a sole supplier's item is needed for trial use or testing . Purchase of video's, books, or other copyrighted materials . Purchase of property for which it is determined there is no functional equivalent . Purchases of public utility services D. Professional or Consultant Services - Contracts Less Than $50,000 Professional service contracts less than $50,000 may be entered into without formal bidding or a request for proposal. Professional service contracts require review by the City of Meridian Attorney for legal adequacy and also require the Mayor's signature. Consultant Services. Work rendered by either independent individuals or firms who possess specialized knowledge, experience, and expertise including but not limited to such areas as management, personnel, finance, accounting, planning and data processing. The consultant's work will be performed according to the consultant's methods without being subject to the control of the City. PURCHASING POLICY Page 15 of 20 Professional Services. Work rendered by an independent contractor who has a professional knowledge of some department of learning or science. This includes but is not limited to accounting and auditing, legal, education, engineering, architecture, and research. Special conditions exist for professional service contracts/agreements with design professionals (engineers, architects and landscape architects), construction managers, and professional land surveyors. See I. C. §67 -2320 E. Use of Correctional Industries The City can purchase Correctional Industry furniture and other goods or services without competitive bidding. The City may also utilize Idaho Department of Correction labor crews without competitive bidding. F. Procurement of an interest in real property. I.C. §67-2803(5). G. Procurement of insurance. I.C. §67-2803(6). XII. PAYMENT PROCESSING A. Access Purchase Order System. This system was designed to bring uniformity to the City's purchase orders and to give Departments their actual budget balance at any given time. To maintain accuracy it is important that all purchases be entered into the system, regardless of amount. Purchases under the purchase order requirement dollar limit may be entered in the system without generating an actual purchase order. This system is not linked to the City's accounting system so the balance in the purchase order system must be balanced to the accounting system financial reports on a monthly basis. B. Purchase Order Requirements. 1. The purpose of a purchase order is to obtain and document approval to purchase BEFORE the purchase is made. The purchase order should be completely filled out prior to approval. 2. All fields on the purchase order should be filled out: a. Bill To: City Hall address b. Ship To: Purchaser's Location c. Complete vendor name and address d. Item description, account coding and price e. Reason for purchase 3. There is a cost associated with generating purchase orders. Recognizing that the City does not require purchase orders for purchases under $1,000 items PURCHASING POLICY Page 16 of 20 on an existing contract (reference original purchase order number on invoice), or utility charges. C. Invoice Routing. All invoices will be processed and paid by the City's Finance Department. All vendors should be directed to use one address, the City Hall address: City of Meridian Attn Accounts Payable 33 East Idaho Meridian, Idaho 83642 D. Invoice Processing. Central accounts payable will open mail and distribute invoices to the correct departments. Statements will be retained and reviewed in Accounts Payable. 1. All receiving documents must be initialed and dated and included with the payment invoice. 2. Upon receipt of invoice, departments will match receiving documents, purchase orders if appropriate, bid documents if appropriate, to invoices. 3. Each invoice will be stamped with a stamp that provides Accounts Payable with the information necessary to enter the invoice in the accounting system. This information includes Account number or numbers, Purpose of Purchase, and Approval Signature 4. Completed invoices should be sent back to the City Hall Accounts Payable office as soon as necessary documents are assembled. All invoices for the month MUST be received in Accounts Payable by the 5th of the following month. 5. Purchase orders or either the department head or the City Council liaison must sign invoices before they are sent to Finance. 6. Accounts Payable will batch department payment requests and generate and mail vendor payments. Invoice is paid the 10th of the month following the date of the invoice. 7. Review of Purchases. The accounting department will review invoices for compliance with City and statutory rules and regulations. However the primary responsibility for the propriety of the expenditure rests with the Department Director who signed the invoice. PURCHASING POLICY Page 17 of 20 E. Opening Credit Accounts For purposes of good internal control the use of store lines of credit shall be discouraged. The decision to open a line of credit is the responsibility of the Finance Director. City employees are not authorized to open lines of credit and apply for and receive charge cards. Such accounts shall be canceled. XIII. SURPLUS PROPERTY A. Definition of Surplus Property. Personal property owed by the City where the cost of maintenance, transportation, storage, or other costs exceed the economic or useful life of the property. B. Disposal. Surplus property will be disposed of in the manner that maximizes the value received by the City of Meridian in accordance with the following guidelines: All employees of the City, including their spouses, dependents, or any person acting on the employee 's beha/~ are prohibited from acquiring surplus property form the City UNLESS the property is acquired through a competitive bid process, such as an auction or sealed bid. C. Guidelines. The following guidelines determine the method used to dispose of property. 1. Nominal Value: a. Item has a value of zero or less than what it would cost to dispose of the property. b. Dispose of item by donating to charitable organization that qualifies under Section 501(c) and 501(c)(19) of the Internal Revenue Service or to any state or local government pursuant to I.C §50-1405 or: c. Dispose of item at local refuse site or have it removed by outside party willing to pay for removal. 2. Less Than $1,000 Value a. Sell or transfer to another state or local government pursuant to LC. 50- 1405 without public advertisement or competitive bid or: b. Sell at public auction conducted by a licensed auctioneer or: c. Sell to the highest bidder in response to notice of public sale advertised for at least one week in a newspaper of general circulation. PURCHASING POLICY Page 18 of 20 3. Greater Than $1,000 Value a. Sell at public auction conducted by a licensed auctioneer or: b. Sell after receipt of sealed bids to the highest responsible bidder after notice of public sale. D. Exceptions. With approval from the City Council and the Mayor items of greater than nominal value may be donated to 501(c)(3) and 501(c) (19) charitable organization or to the state or other local governments pursuant to LC. §50-1405. E. Procedures for Disposal. 1. To dispose of an item a Property Disposal Authorization Request must be completed. See Attachment 8, Property Disposal Authorization Request. 2. Once the form is complete it should be routed as follows: a. Signature (and date) of Department Director. b. Send to Finance Department. completeness, sign, and date. Accounting will review the form for c. Accounting will route to Mayor for approval, Mayor will sign and date and return to accounting. d. Accounting will return the Property Disposal Authorization Form to the requesting Department so they can proceed with disposal. A copy of the form will be maintained in Accounting. e. Once the property is disposed of the Department will note on the form the final disposition of the property and forward to Accounting with asset change form. f. It is the responsibility of each Department to document actual final disposal of the property. Failure to do so will be noted on the monthly property disposal report prepared for the Mayor and Council. g. Accounting will update the fixed asset system and remove the item. Accounting will retain the documentation for audit purposes. h. Once a month accounting will prepare a report for the Council summarizing the month's disposal requests and actions. The Council President will initial the report indicating that it has been reviewed. H. SURPLUS REAL PROPERTY Follow requirements of LC. Title 50, Chapter 14. PURCHASING POLICY Page 19 of 20 Attachment "A" Idaho Statutes Regarding Purchasing, Contracting and Procurement Public Works Contractor Licensure Requirements I.C. §54-1903 (i) Exemptions to Public Works Contractor Licensure I.C. §54-1903 (i) & (k) Public Works Construction Bidding I.C. §67-2803 (2) & (3) Public Procurement of Goods and Services Bidding I.C. §67-2803 (2) I.C. §67-2805 (2) & (3) Purchasing By Political Subdivisions I.C. Title 67, Chapter 28 Exemptions to Public Procurement of Goods and Services Bidding I.C. §67-2803 (1) through (7) I.C. §67-2806 I.C. §67-2808 (1) Joint Purchasing Program I.C. §67-2807 (1) Penalties - Political Subdivisions/Public Officials I.C. §54-1914 (2) I.C. §54-1920 (2) I.C. §59-1026 Penalties - Contractors I.C. §54-1914 (1) I.C. §54-1920 (1) & (3) Related Statutes I.C. Title 54, Chapter 19: PUBLIC WORKS CONTRACTORS I.C. §67-2309: WRITTEN PLANS AND SPECIFICATIONS FOR WORK TO BE MADE BY OFFICIALS - AVAILABILITY I.C. §67-2320: PROFESSIONAL SERVICE CONTRACTS WITH DESIGN PROFESSIONALS, CONSTRUCTION MANAGERS AND PROFESSIONAL LAND SURVEYORS I.C. Title 50, Chapter 14: DISPOSAL OF SURPLUS REAL PROPERTY PURCHASING POLICY Page 20 of 20