ORD 724 03/30/2006 ORDINANCE NO. 7 2 4
AN ORDINANCE REPEALING AND REPLACING ORDINANCE
#699, PURCHASING POLICY AND PROCEDURES OF THE CITY
OF CIBOLO, GUADALUPE COUNTY, TEXAS; PROVIDING FOR
INCORPORATION; PROVIDING FOR.,ADOPTION; PROVIDING
THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER
ORDINANCES OF THE CITY OF CIBOLO NOT IN CONFLICT
WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING
FOR SEVERABILITY; PROVIDING SAVINGS; AND PROVIDING`
FOR EFFECTIVE DATE.
WHEREAS,the City of Cibolo, Guadalupe County, Texas, is a home rule city pursuant to
a Home Rule Charter duly elected by the citizens on September 11, 2004; and
WHEREAS, the Home Rule Charter of the City of Cibolo, Guadalupe County, Texas,
contains Article VII Financial Procedures provides for the establishment of purchasing
procedures by City ordinance; and
WHEREAS, the City Council has considered this Ordinance and has determined that
establishing these purchasing policy and procedures in the public health, safety and
welfare;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
'TEXAS...
SECTION 1.
INCORPORATION
That the above and foregoing premises are true and correct and are incorporated herein
and made part hereof for all purposes.
SECTION 2.
ADOPTION
That the ordinance provisions incorporated in Section 3 herein are hereby adopted by the
City Council of the City of Cibolo, Guadalupe County, Texas.
SECTION 3.
PURCHASING POLICY AND PROCEDURES ADOPTED
That the Purchasing Policy and Procedures of the City of Cibolo, Guadalupe County,
Texas, attached hereto is hereby adopted.
SECTION 4.
CUMULATIVE CLAUSE
That this ordinance shall be cumulative of all provisions of the City of Cibolo, Guadalupe
County, Texas, except where provisions of this ordinance are in direct, conflict with the
provisions of such ordinances, in which event the more restrictive provision shall apply.
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SECTION 5.
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo,
Guadalupe County, Texas, that the phrases, clauses, sentences, paragraphs, and sections
of this ordinance are severable, and if any phrase, clause, sentence, paragraphs, and
sections of this ordinance should be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any
of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance,
since the same would have been enacted by the City Council without incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 6.
SAVINGS
That all rights and privileges of the City of Cibolo, Guadalupe County, Texas, are
expressly saved as to any and all violations of the provision of any ordinances affecting
the purchasing of goods or services, which have accrued at the time of the effective date
of this ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
EFFECTIVE DATE
That this ordinance shall be effective immediately upon passage and approval of the City
Council of the City of Cibolo, Guadalupe County, Texas.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of 4/ for to 0 against this 30th day of
March, 2006.
APPROVE : caw
'moi
Mayor Jo iy'Sutton
ATTEST:
0
Peggy Cimics, City Secretary
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CITY OF CIBOLO
PURCHASING POLICY AND PROCEDURES
March 30, 2006
Purpose:
1.0 The purpose of this policy is to ensure openness and the adherence to the highest standards
by prescribing a range of appropriate methods for purchasing and procurement including,
where appropriate, a competitive bid contracting process. Two main principals that apply
are: the requirement for impartiality and fairness across all stages of the purchasing process,
and; the necessity for obtaining the best possible value for money.
2.0 Purchasing, request for bid and contract letting are substantially devolved activities. This
carries the risk of different practices operating at different standards creating exposure to
liabilities caused by poor control over procurement and purchasing standards. This policy
provides a framework that is practical for such a devolved environment.
3.0 As a consequence of adhering to this policy, the City of Cibolo will: Obtain the best value
for purchases, in both cost, quality and, terms; Have a fast and efficient purchasing process;
demonstrate financial probity and accountability to the public interest; Manage and prevent
the potential for conflict of interest; Utilize a transparent procurement and contracting
process; Be protected from complaints and legal actions mounted by potential suppliers who
believe they have not received fair treatment.
-- 4.0 This policy is binding on all areas of the City of Cibolo.
5.0 This policy does not apply to the sale or disposal of Municipal property or assets. The
disposal of Municipal property or assets will be covered by a separate policy dealing with
the disposal of property or assets.
Duties of the Finance Department:
1.0 To observe and enforce the procedures as outlined and any related regulations.
2.0 To encourage that the purchasing policies and procedures are followed whenever possible.
3.0 To review each account being charged for sufficient funds before authorizing a purchase or
issuing a purchase order.
4.0 To process approved request to purchase and issue purchase orders.
5.0 To explore the possibilities of quantity buying in order to take full advantage of discounts.
6.0 To maintain a listing of vendors, classified according to materials, equipment, supplies, and
services. To advise vendors the proper procedure in which they may be placed on the
vendors list.
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7.0 To assist with opening of bids at a designated time and prepare a tabulation of the results.
8.0 To review the bids received and, with the Department Head, determine the lowest most
responsible bidder or the bidder whose bid gives the "best value" to the city and provide a
written recommendation to the City Manager.
Duties of Department Heads:
1.0 Departments should plan their work so that"rush orders" and emergencies will be held to an
absolute minimum. The Finance Director shall be notified of formal bid requests with
sufficient time to obtain quotes through the proper bid procedures.
2.0 Department Heads must sign and verify all invoices that are under $15,000.
3.0 No city employee shall purchase supplies, material or equipment of any kind that is billed
through the City for personal use.
4.0 Minimum specifications on all formal bids must be submitted to the Director of Finance for
review and finalization.
5.0 Any expense over budgeted amount must obtain prior written authorization from City
Manager in accordance with all applicable rules, regulations and policies of the city.
6.0 The department heads are required to conform with the conditions of this policy and
undertake the appropriate method of procurement for each transaction.
7.0 The purchase of goods and services must be done within the scope of the expenditure and
contract delegations. Departments will be expected to comply with the ethical guidelines set
out later in this policy. Departments are responsible for ensuring that all purchases meet
relevant Occupational Health and Safety requirements.
8.0 Departments should note that the City of Cibolo's standard terms of trade are for payment to
be made 30 days from the invoice date. Departments must not commit to purchases from
suppliers who are not prepared to accept these terms unless this has been approved by
written request to the City Finance Director or the City Manager.
Purchase Orders:
1.0 A purchase order is required on all purchases over $1500, with the exception of those listed
below. The Department Head or an authorized employee must present a requisition to the
Finance Department and request a purchase order before proceeding to the vendor's place of
business or placing an order.
2.0 If an emergency should arise after normal hours, the Department Head or designee will
make the purchase that is needed, The Department Head must notify the Director of Finance
immediately upon opening the next business day and turn in the proper documentation.
3.0 The following payments and services do not require the issuance of a purchase order for
payment authorization.
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• Tax Payments
• Insurance Premium Payments
• Retirement System Payments
• Debt Service Payments
• Investment Payments
• Utility Services and Cell Phone/Pager Payments
• Petty Cash fund purchases
• Operating Leases/Maintenance Agreements
• Annual Contracts
• Invoices for Professional Services (i.e. Attorney Fees and Engineering)
• Payments made for Employee Payroll Deductions
• Inter-local Agreements
• Reimbursements/Payments to other Agencies
• Contract Services for approved contracts
• When a Check Request Form is used
• Travel and Lodging
• Items/Services acquired through the competitive bid process
• Customer Deposit Refunds
• Purchases under$1500.00
Purchase Dollar Limits and Authorization Required:
The following dollar limits and authorization requirements are to be followed whenever possible.
Any exceptions shall be noted and approved by the appropriate authorization on the invoice.
Purchases shall be made according to the following requirement and pursuant to this purchasing
policy and any other applicable rules,regulation and policy. All purchases must have department
head approval. Items not budgeted must have Finance Director and City Manager approval. (See
the following):
Purchases of$50.00 or less may be purchased with Petty Cash
Purchases of$0 to $500.00
No Purchase Order Required
Purchases of$500.01 to $1,500.00
Requires 3 telephone/catalog/internet quotes for Individual Purchases Costing$500.01 to $1,500.00
No Purchase Order Required
Purchases of$1,500.01 to $5,000.00
Requires 3 written/internet/catalog/quotes for Individual Purchases Costing $1500.01 to $5,000.00
Requires Director of Finance approval
Requires City Manager approval
Purchase Order Required
Purchases of$5,000.01 to $15,000.00
Requires 3 written quotes (must be supplied by the vendor-not from catalog or internet)
Requires Director of Finance approval
Requires City Manager approval
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Purchase Order Required
Purchases of$15,000.01 to$24,999.99
Requires 3 written quotes (must be supplied by the vendor-not from catalog or internet)
Requires Department Head approval
Requires Director of Finance approval
Requires City Manager approval
Requires City Council approval
Purchase Order Required
Purchases$25,000 to $100,000.00
Requires competitive bids/proposals as required by state law or purchase from Buy Board.
Requires Department Head approval
Requires Director of Finance approval
Requires City Manager approval
Requires City Council approval
Purchase Order required if requested by vendor
Purchases $100,000 or more (High risk over$25,000, ie contract services or consulting services)
Purchases greater than$25,000 that are considered high risk require that a competitive bidding and
contract process should be under taken. This should include a written outline of the specifications
for the purchase. Internet catalogue pricing is not acceptable for these quotations. Approval of the
City Council is required prior to contracting for products or services greater than$25,000.
Approval of City Council is required prior to solicitation of bids for services, equipment, or
construction over$100,000.
Cibolo in making an expenditure of more than $3,000 but less than $25,000, shall contact at least
two historically underutilized businesses on a rotating basis, based on information provided by
the General Services Commission pursuant to Chapter 2161, Government Code.
The Requisition Process_
1.0 A requisition is required prior to the issuance of a purchase order and the purchase of a good
or service. A requisition must be submitted on a form provided by the Finance Director.
Each requisition must be signed by the Department Head in order to be approved for a
purchase order.
2.0 A requisition must be prepared and submitted by the Department Head to the Finance
Director with enough time to allow for sufficient processing by the Finance Director prior to
the date in which the related goods or services are needed by the requesting department.
Processing the requisition includes, but is not limited to the following:
• Obtaining bids or price quotes
• Processing bids, placing purchase orders or concluding contracts.
• Allowing delivery of goods or services.
3.0 Attach quotes to the requisition and forward to Finance.
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Use of Cooperative Purchasing Agreements:
Whenever possible the City of Cibolo will utilize cooperative purchasing agreements. Cooperative
purchasing agreements are normally agreements that will include a list of items that have already
been through the bids process and the lowest or best qualified bidders have been approved. Listed
below are examples of authorized purchasing agreements. However, the City is not limited to only
those listed.
Texas Association of School Boards (TASB)—"Buy Board"
Single Source Purchases:
From time to time certain items and/or services may qualify as a "single" source item, meaning that
the item being requested is available from only one source. In these cases, any requirements for
quotes will not apply.
Ethical Guidelines :
1.0 The best value for price must be sought. This entails understanding in advance all factors
that constitute "value". This may be understood but is not limited to monetary value of the
agreement,product quality and, references from contractors.
2.0 There will be a documented process for all purchases that allows for transparency of
decisions and review of purchases. The conduct of procurement is subject to continuous
audit by the City Finance Director and public accountants.
3.0 Department heads will ensure they are not, or are not perceived to be in conflict of
interest with any supplier. Those department heads or other City employees who have, or
may be perceived to have, a vested interest in the outcome of a purchase should disclose
any conflict to the City Manager. The City Manager will determine whether that department
head or employee should be excluded from any role in the purchase decision.
4.0 Department heads and their designees (on file with Finance Director), who are authorized to
purchase products or services on behalf of the City, will be suitably skilled and qualified to
attend to the completion of their purchasing role.
Prohibited Practices:
1.0 Multiple orders, each within quotation limits,which collectively amount to a substantial
amount are not permissible. This is considered order splitting. Departments are expected to
budget their needs for products and services; should repeat orders be required which amount
to a substantial amount, a proper request for bids and purchase approval is required.
2.0 Purchase from relatives or close friends must be disclosed in writing to the City Manager.
Records Management:
1.0 All transactions conducted in the course of procurement of any product or service will be
fully documented in accordance with the principles of full and accurate recordkeeping.
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Sales Tax:
1.0 The City of Cibolo is a tax exempt governmental agency. It will be the responsibility of the
department head or designee to ensure the exempt status is understood and the City is
not charged sales tax.
Definitions:
Close Personal Friend: Refers to intimate personal relationships that are, or have been established
between City employees and individuals external to the City. This does not refer to professional
working relationships that may be established with personnel internal to, or external to the City.
Risk: Risk will be understood to mean the extent to which the City is unable to meet the policy
purposes and outcomes intended as outlined in section 1.3 as a consequence of an inappropriate
choice of procurement process.
Department Manager: Refers to the person within any department within in City who has budgetary
responsibility for the day to day operation of a department.
Individual Purchase(s)—Is defined as the total puchase of one or more items/goods/services made at
one time.
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