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HomeMy Public PortalAboutORD15329 BILL NO. 2014-75 SPONSORED BY Councilman Bray ORDINANCE NO. / 5-3 ...D., AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A FINANCIAL POLICY FOR THE CITY. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.The Financial Policy attached herewith as Exhibit A is adopted as the Financial Policy for the City of Jefferson. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage Al: ;P.and approval. Passed: X// /6710/7-r Approved: / 67�// 7- � ', ' / / � Presiding Officerlir Awr Mayor oy ATTEST= • APPROVED AS TO FORM: 6E24- %1v��fhir�l�—l��/ ityC rk= - —.---;:•- City Counselor 1 ,_ EXHIBIT A Financial Policy Guidelines For: City of Jefferson, Missouri Supersedes: Review Responsibility: Finance Department Review Scheduled: Annually or as needed Approval Needed: City Council Adopted October 20, 2014 By Ordinance 15329 Financial Policy Guidelines City of Jefferson, Missouri October 20, 2014 TABlE OF CONTENTS lntroduction ................................................................................................................... 3 Revenue Policies ........................................................................................................... 3 Expenditure Policies ••........••••••...•....••••••••....•.••••••••.•......•••••••......•.•••••••.•.....•••.••••.•....•••• 7 Financial Planning Policies •••......•.••••••.•.........••••••.........•••••......•..••••••...•...•..•.••••••.•.....••• lO Purchasing Policies ••••••..•.•...••.•••••......••••••••.......•••••••.........•••••••.......••••••••..•......••••••...•... 13 Independent Audit Requirements •..•.....••••••....•.•.••••••••..•....•••••••..........•••••...•.•...•..•.••.. 14 Glossary .••••••.......•••••••..•....•••••.......•.••••••.........••••••..........•.••••.......•.•.••..........•.•••••......•...•• 14 2 INTRODUCTION The City of Jefferson (City) has a variety of financial policies that can be found in many different sources, including, City Council ordinances, city code, personnel manual, budget documents, and comprehensive financial statements. The following financial policies have been developed based on the Government Finance Officers Association (GFOA) recommendations. GFOA recommends financial policies in the following areas be developed by professional staff and formally adopted: Revenue, Expenditure, and Financial Planning. These adopted policies will be used to frame policy initiatives and will be summarized in the budget document. These policies will be reviewed during the budget process. Professional staff will review to ensure continued relevance and to identify any gaps that should be addressed with new policies. The result of the review will be shared during the review of the proposed budget. The Charter of the City of Jefferson, Missouri, Article VII Financial Procedures, Section 7.1.7- Establishing Financial Procedures states, "The fiscal affairs of the city shall be the responsibility of the finance department. The head of the finance department shall be designated the fiscal officer of the city. Qualifications, duties and powers of the fiscal officer shall be set by ordinance." The adopted financial policies require compliance from all City Departments and Commissions within the City. Revenue Policies Understanding the revenue sources is essential to planning. The revenue policies seek to provide stability in order to avoid potential service disruptions caused by revenue shortfalls. The revenue policies are broken down into the following: a. Use of One-time Revenues-The City will discourage the use of one-time revenues for ongoing expenditures. b. Revenue Diversification-The City will encourage a diversity of revenue sources in order to improve the ability to handle fluctuations in individual sources. 3 c. Uses of Unpredictable Revenue-The City will identify each major unpredictable revenue source and the aspects of the revenue source that make the revenue unpredictable. d. Fees and Charges-Fees and charges are reviewed annually in schedule Y of the City Code. 1. Use of One-Time Revenues Purpose: The one-time revenue policy provides guidance to minimize disruptive effects on services due to non-recurrence of these sources. Defined: One-Time revenues are revenues that cannot be relied on in future budget periods. One-time revenues may be available for more than one year (e.g., a three year grant), but are expected to be non-recurring. One-time revenues may be used for start-up costs, stabilization (e.g., to cover expenditures that temporarily exceed revenues), early debt retirement, and capital purchases. Uses that add to the on-going expenditure base will be carefully reviewed and minimized, e.g., capital expenditures that significantly increase ongoing operating expenses without sustainable and offsetting long-term revenue plan. Examples of one-time revenues include: • Infrequent sales of government assets • Bond refunding savings • Infrequent revenues from development • Grants when the approval/authorization of the grant is reevaluated on a periodic basis, the money received is based on funding availability and/or performance. Attachment A is the internal policy and procedures that guide the City when applying for and accepting grants as well as the financial responsibilities after grant acceptance. Summary: Compliance will be reviewed periodically. 2. Revenue Diversification Purpose: The revenue diversification policy encourages a diversity of revenue sources in order to improve the ability to handle fluctuations in individual sources and to maintain needed services during periods of declining economic activity. An analysis of revenue sources will be conducted on a regular basis. The results of the analysis will be provided to the City Council for review with the City Council providing direction or action(s) required of the staff. 4 Examples of what the analysis could include are: • Address the sensitivity of revenues to changes in rates • Fairness of the tax or fee • Administrative aspects of the revenue source Summary: Approach to implementing this policy will be reviewed periodically. Diversity of revenue sources can affect the relative tax burden on different stakeholders. 3. Use of Unpredictable Revenues Purpose: Unpredictable revenues cannot be relied on as to the level of revenue they will generate. Particularly with major revenue sources, it is important to consider how significant variation in revenue receipts will affect the City's outlook and ability to operate programs in the current and future budget periods. The City will identify each major unpredictable revenue source and the aspects of the revenue source that make the revenue unpredictable and how these revenues will be used. The City will identify the expected or normal degree of variation of the revenue source as well as identify in advance a set of tentative actions to be taken if one or more of the revenue sources generates higher or lower than projected. The tentative actions will be publicly discussed and used in budget decision making. Unpredictable revenues are often used to fund ongoing programs. The City's financial plan will take into account the unpredictable nature of the revenues identified. A specific allocation contingency plan may become increasingly necessary as the size of the predictability of the revenue sources increases. Examples of unpredictable revenues include: • Intergovernmental revenues • Interest income • Sales taxes • Revenues subject to future judicial rulings • Property Taxes subject to assessed values as established by the County Assessors of Cole and Callaway Counties Summary: The tentative actions will be reviewed annually. 5 4. Charges and Fees Purpose: The charge and fee policy requires identification of both the cost of the program and the portion of the cost that will be recovered through fees and charges. Defined: Certain services provide a benefit to a particular group; the City will consider charges and fees on the direct recipients of those groups that receive benefits from such services. Policy: a) Consider applicable laws and statutes before the implementation of specific fees and charges, specifically Missouri's Hancock Amendment (Article X Sections 18-24). b) Identify the factors (affordability, pricing history, inflation, service delivery alternatives, and available efficiencies) to be taken into account when pricing. c) State whether the intention is to recover the full cost. If the full cost is not recovered, provide an explanation of the rationale for the deviation. d) Outline considerations that might influence pricing decisions. Examples include: the need to regulate demand, the desire to subsidize a certain product, competition with private businesses, economic development, elasticity of demand for the service, and visibility of the service to the community. e) How the charges and fees will be levied and collected will be considered. f) Calculate the full cost of providing the service in order to provide a basis for setting the charge or fee. This would include direct and indirect costs. Examples of indirect costs include: i. Payroll processing ii. Accounting services iii. Computer usage g) Associated costs of collection need to be addressed. h) Review and update charges and fees periodically. Some factors to include in the review could be: i. Impact of inflation ii. Cost increases iii. Adequacy of cost recovery iv. Use of services v. Competitiveness of current rates i) Utilize long-term forecasting in ensuring that charges and fees anticipate future costs in providing the service. j) Provide information on charges and fees to the public. 6 Summary: A suggested tool for calculating service cost is Activity Based Costing. This costing method assigns costs to the activities required to deliver a service and can be more accurate than traditionally costing methods. All fees and charges will be reviewed periodically. Stakeholders will be given the opportunity to provide input into formation of the policies. Charges and fees will be identified in other government documents, including planning and management reports. Reasons for not recovering full costs will be identified and explained. Expenditure Policies Prudent expenditure planning and accountability will ensure fiscal stability. The expenditure policies will be broken down into the following: a. Debt Capacity, Issuance, and Management-The City will specify appropriate uses for debt and identifies the maximum amount of debt and debt service that should be outstanding at any given time. b. Reserve or Stabilization Accounts-The City will maintain a prudent level of financial resources to protect against the need to reduce service levels or raise taxes and fees due to temporary revenue shortfalls or unpredicted one-time expenditures. c. Operating/Capital Expenditure Accountability-The City will compare actual expenditures to budgets periodically (e.g., quarterly) and decide on actions to bring the budget into balance, if necessary. 1. Debt Capacity, Issuance, and Management Purpose: Policies guiding the amount of debt that may be issued by the City will help ensure that outstanding and planned debt levels do not exceed an amount that can be supported by the existing and projected tax and revenue base. Policy: The City may issue general obligation bonds, revenue bonds, special obligation bonds, and short-term notes and leases in accordance with applicable laws. The City may issue refunding bonds for the purpose of refunding, extending or unifying the whole or any part of its valid outstanding revenue bonds. The City will limit long-term debt to only those capital projects that cannot be financed from current revenue or other available sources and are a high priority of the City Council. The City will follow a policy of full disclosure on every financial report and bond prospectus. 7 When the City finances capital projects by issuing bonds, it will repay the bonds within a period not to exceed the expected useful life of the projects. The City will manage its budget and financial affairs in such a way so as to ensure continued high bond ratings. Bonds shall be issued in accordance with Missouri and Federal law. Two sections of the Missouri Constitution address debt limits for the City. Article VI, Sections 26(b) and (c) of the Missouri Constitution provides, with a vote of four-sevenths of qualified electors voting at a general municipal election day, primary or general election day or two-thirds for all other elections, a city may incur an indebtedness not to exceed in aggregate, 10 percent of the value of taxable tangible property of the City, for any purposes authorized in the charter of the city or by any general law of the State of Missouri. Article VI, Sections 26(d) and (e) of the Missouri Constitution provides, with a vote of four-sevenths of qualified electors voting at a general municipal election day, primary or general election day or two-thirds for all other elections, a city may become indebted an additional10 percent of the value of taxable tangible property of the City for lawful purposes. Industrial revenue bonds will be issued upon City Council approval and for purposes allowed in Chapter 100 of the Revised Missouri Statutes. Revenue bond issuance requires the City to set aside assets which are treated as restricted assets to serve as security for the payment of debt service costs on outstanding revenue bonds, for replacement reserves, for contingencies and for the periodic accumulation of funds to pay semi-annual bond interest and annual principal due during the next fiscal year. The City has available to it several economic development incentives. Some of those incentives allow for the City to take on debt and the debt capacity may be affected by the use of those incentives. Economic Development tools will be considered in accordance with this policy and Chapter 25 Article XII of the City Code. 2. Reserve or Stabilization Accounts Purpose: To provide guidelines to the City Council and staff for establishing, maintaining and performing an annual review of the minimum and target fund balance reserves. Background: A minimum General Fund reserve policy is generally considered a prudent and conservative fiscal policy to deal with unforeseen situations and long-term financial planning. Some examples of unforeseen situations include, but are not limited to: • Unfunded Federal/State or other mandates • Economic downturn 8 • Revenue shortfall Credit rating agencies continually monitor the levels of unassigned fund balance in a government's General fund when evaluating the government's creditworthiness and assigning a credit rating to a government's debt issuance. Policy: The City calculates an unreserved, undesignated General Fund balance at a minimum of 17% of expenditures as originally adopted for the General Fund budget. These funds will be used to avoid cash flow interruptions, generate interest income, and reduce need for short-term borrowing. All other funds, if they are not subsidized by other funds, shall maintain a minimum 10% fund balance. (e.g., Wastewater Fund, Parking Fund) The reserves shall be used when approved by formal City Council action. Some examples of situations when approval by formal City Council action is required include, but are not limited to: • Large one-time cost. • Unanticipated budgetary shortfall. • To mitigate service impacts during a significant economic downturn in the economy or a significant and unexpected loss of revenue. • Catastrophic event or natural disaster that threatens the safety of persons and property within the City. • City sustains unexpected liabilities created by Federal, State, or other mandates out of the City's control. In any fiscal year the General Fund reserve balance is required to be used or is not achieved, the City Administrator and Finance Director shall present to the City Council a strategy to meet the fund balance reserve level within 2 fiscal years. Staff shall ensure that the provisions of this policy are effectively implemented. If it is determined that there is a conflict between this policy and other more specific governing policies involving the operating budget, this shall be brought to the attention of the City Administrator and the Finance Director who will determine the appropriate course of action. The Transit and Airport funds have historically been subsidized from the General Fund. The fiscal year ending balance in both funds is made available for Transit and Airport operations for the next fiscal year. The City will not calculate an unreserved, undesignated fund balance amount for these two funds until such time as there is not a subsidy from the General Fund. 9 Generally, the City will strive to not have one fund subsidize another fund. Summary: Compliance to the Fund Balance Reserve Policy will be examined on an annual basis. 3. Operating/Capital Expenditure Accountability Purpose: To ensure mechanisms are in place to ensure compliance with the adopted budget while allowing the City to detect and correct significant deviation if it occurs. Policy: The Finance Director is responsible for maintaining a system of control to ensure that expenditures do not exceed budgetary appropriations. A report of the General Fund current year expenditures is provided on a monthly basis to the City Finance Committee/Council, which is also available to the public. All departments of the City have access to run a monthly budget vs. actual report at any time. The Finance Department will analyze the expenditure of each department on a quarterly basis and inform each Department Director whose expenditures appear to be exceeding the adopted budget. During preparation of mid-year projections, the Finance Department will notify all Department Directors and the City Administrator whose budgets are likely to be exceeded for further direction. Summary: A department will not exceed its approved overall budget without authorization from the City Administrator. The Director of each department will be held responsible and accountable for the expenditures of his/her department. The Finance Director through timely reports and analysis, keep Department Directors and elected officials informed of any possible budget problems. Financial Planning Policies Financial planning policies address both the need for a long-term view and the fundamental principle of a balanced budget. The financial planning policies will be broken down into the following: a. Balanced Budget-The City's policies define a balanced operating budget, commitment to a balanced budget under normal circumstances, and require disclosure when a deviation from a balanced operating budget is planned or when it occurs. b. Long-Range Planning-The City's policies support a financial planning process that assesses the long-term financial implications of current and proposed operating and 10 capital budgets, budget policies, cash management and investment policies, programs and assumptions. c. Asset Inventory-The City's policies require an inventory and an assessment the condition of all major capital assets. 1. Balanced Budget Purpose: To ensure mechanisms are in place to ensure compliance with the adopted budget while allowing the City to detect and correct significant deviation if it occurs. Policy: The Finance Director is responsible for maintaining a system of financial control to ensure that expenditures do not exceed budgetary appropriations. A report of the General Fund current year expenditures is provided on a monthly basis to the City Finance Committee/Council. All departments of the City have access to run a monthly budget vs. actual report at any time. The Finance Department will analyze the expenditure of each department on a quarterly basis and inform each Department Director whose expenditures appear to be exceeding the adopted budget. During preparation of mid-year projections, the Finance Department will notify all Department Directors and City Administrator whose budgets are likely to be exceeded for further direction. Summary: The Director of each department shall be held responsible and accountable for the expenditures of his/her department. The Finance Director through timely reports and analysis, keep Department Directors and elected officials informed of any possible budget problems. A department shall not exceed its approved budget without authorization from the City Administrator. 2. Long-Range Planning Purpose: To ensure the City assesses the long-term financial implications of current and proposed operating and capital budgets, budget policies, cash management and investment policies, programs and assumptions. Policy: The City will adopt a budget that includes a multi-year analysis. The multi-year analysis will establish assumptions for revenues, expenditures and changes to fund balance over a five year horizon. The assumptions will be evaluated periodically as part of the budget process. 11 3. Assetlnventory Purpose: The capital assets of a government and the condition of the capital assets are critical to the quality of services provided, and are important in determining whether the needs and priorities of the stakeholders can be met. Capital assets include major government facilities, infrastructure, equipment and networks that enable the delivery of public sector services. Policy: The Finance Director will be responsible for maintaining a central inventory control system. Capital assets are defined by the City Finance Director as assets with an estimated useful life in excess of one year with a threshold of $10,000. The capitalization threshold for infrastructure assets (e.g., roads, bridges, sidewalks, and similar items) is $10,000. Capital assets for all fund types are recorded at cost or estimated historical cost where cost could not be determined from available records. Donated fixed assets are recorded at their estimated fair value at the date of donation. The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend the asset life are charged to operations as they occur and are not included in the capital assets. Renewals and betterment are capitalized over the remaining useful life of the related capital assets, as applicable. Major outlays for capital assets and improvements are capitalized in proprietary funds as projects are constructed. Interest incurred during construction is reflected in the capital value of the asset. In addition, capital outlays for intangible assets are capitalized. Intangible assets include easements with an indefinite life which are therefore, not being amortized. Property, plant and equipment are depreciated using the straight line method over the following estimated useful lives: Buildings 10-50 years Improvements other than buildings 7-10 years Wastewater plant and system 40-50 years Machinery and equipment 3-20 years Furniture and fixtures 5-10 years Motor Vehicles 2-15 years 12 Infrastructure: Streets and stormwater drainage 35 years Sidewalks and trails 30 years Street I ighting 30 years Traffic signals 20 years The Finance Department capital asset inventory reports are distributed to each department near the end of the City's fiscal year with instructions to proceed with their inventory. The inventory reports are returned to the Finance Department as directed in the instructions. When a department has indicated an asset has been transferred to another department, a transfer sheet needs to be submitted to the Finance Department. When a department has indicated an asset has been deleted, a deletion form needs to be submitted to the Finance Department. All capital assets deleted must have been declared surplus by the City Council. On a yearly basis, or as needed, all departments shall submit to the purchasing agent reports showing any property to be declared surplus. The purchasing agent shall submit a report to the City Council informing them of the content of the departmental reports. Summary: Annually conduct an inventory of all existing assets. Evaluate existing assets to determine if they still provide the more appropriate method to deliver services. Allocate sufficient funds in the multi-year capital plan and annual operations budget for condition assessment, preventive maintenance, repair and replacement of capital assets in order to continue the provision of services that contribute to public health, safety, and quality of life of the public. Purchasing Policies Before the City makes any purchase or contract, or lets any contract for improvements, there shall be given ample opportunity for competitive bidding. Employees will be responsible for adhering to the City Purchasing Policy, approved by the City Council. The current City Purchasing Policy can be found in City Code, Chapter 26A (Attachment B). 13 Independent Audit Requirements City Charter, Section 3.10 requires the City Council to provide for an independent audit of all City accounts at least annually. The audit will be conducted by a certified public accountant or firm of accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. A copy of the report prepared by a certified public accountant or firm of such accountants shall be kept in the city clerk's office and shall be open to public inspection. GLOSSARY Adopted Budget: Refers to the budget amount as originally approved by the City Council at the beginning of the fiscal year. Agency Fund: The City's agency fund is a clearing account for tax incremental financing. The agency is custodial in nature and does not involve measurement of results of operations. Appropriation: The legal authorizations made by the City Council (who approve department budgets) to the departments, offices and agencies of the City, allowing the departments to make expenditures and incur obligations for specific purposes within the amounts approved. Balanced Budget: Annual financial plan in which expenses do not exceed revenues. Budget (Operation): A plan of financial operation embodying an estimate of proposed expenditures for a given period and the proposed means of financing them. Used without any modifier, the term usually indicates a financial plan for a single fiscal year. capital Assets: Assets of significant value and having a useful life of several years. Capital Assets are also called Fixed Assets. capital Outlays: Expenditures for the acquisition of capital assets. capital Projects: Projects that purchase or construct capital assets. Typically a capital project encompasses a purchase of land and/or the construction of a building or facility. capital Projects Fund: Capital projects funds account for the acquisition and construction of major capital facilities other than those financed by propriety funds and trust funds. cash Management: Tracking and forecasting cash flow, and working with investment personnel to develop an investment plan. Maintaining cash accounts and controlling their disposition. Coordinating and controlling bank accounts. 14 Debt: An obligation resulting from the borrowing of money or from the purchase of goods and services. Debt of governmental units includes bonds, time warrants, notes, and floating debt. Debt Service: The amount of money necessary to pay interest on an outstanding debt. Department: The Department is the primary unit in City operations. Each is managed by a Department Director. Departments are generally composed of divisions which share a common purpose or which perform similar duties. Enterprise Fund: Enterprise funds account for operations that are financed and operated in a manner similar to private enterprises, where the intent of the City is that the costs of providing goods and services to the general public on a continuing basis be financed or recovered primarily through user charges; or where the city has decided that periodic determination of net income is appropriate for accountability purposes. The City of Jefferson uses enterprise funds to account for wastewater, airport, parking, and transit operations. Expenditures: Where accounts are kept on the accrual or modified accrual basis of accounting, the cost of goods received or services rendered whether cash payments have been made or not. When accounts are kept on a cash basis, expenditures are recognized only when the cash payments for the above are made. Expense: Charges incurred (whether paid immediately or unpaid) for operations, maintenance, interest or other charges. Fiscal Policy: A government's policy relating to budgeting of expenditures and revenues. Fiscal Year: A 12-month period of time to which the annual budget applies and at the end of which a governmental unit determines its financial position and the results of its operations. The City of Jefferson has a fiscal year of November 1st through the following October 31st. Fiduciary Funds: Fiduciary funds are used to account for resources held for the benefit of parties outside the government. The Firefighter's Retirement plan is a fiduciary fund. Full Disclosure: Providing accurate and complete information material to a bond issue, which a potential investor would be likely to consider important in deciding whether to invest. Material facts that enable the investor to evaluate the credit quality of an issue. Fund: An independent fiscal accounting entity with a self-balancing set of accounts recording cash and/or other resources together with all related liabilities, obligations, reserves, and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives. 15 Fund Balance: An accumulated excess of revenues over expenditures. Any amount left over after expenditures are subtracted from resources is then added to the beginning fund balance each year. Fund Type: All funds for the City of Jefferson are classified into six fund types: General, Special Revenue, Capital Projects, Enterprise, Internal Service, and Fiduciary and Agency. General Fund: The largest governmental fund, the General Fund accounts for most of the financial resources of the general government. General Fund revenues include property taxes, licenses and permits, local taxes, service charges, and other types of revenue. This fund usually includes most of the basic operating services, such as fire and police protection, finance, planning and protective services, public works, and general administration. General Obligation Bonds: Bonds which are secured by the full faith and credit of the issuer. General Obligation bonds issued by local units of government are secured by a pledge of the issuer's ad valorem taxing power. Governmental Funds: Governmental funds are used to account for governmental activities focusing on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the City's fiscal year. The City maintains twelve individual governmental funds. Grant: A contribution of assets (usually cash) by a governmental unit or other organization to another. Typically, their contributions are made to local governments from state and federal governments and made for specified purposes. Industrial Revenue Bonds: Bonds issued to provide financial assistance to private-sector entities for the acquisition and construction of industrial and commercial facilities deemed to be in the public interest. The bonds are secured by the property financed and are payable solely from payments received on the underlying financing agreement. Upon repayment of the bonds, ownership of the acquired facilities transfers to the private-sector entity served by the bond issuance. Internal Service Fund: Internal Service funds account for the self-insurance workers compensation funds. Long-Term Debt: Debt with a maturity or more than one year after date of issuance. Outstanding: In general as used with respect to the principal of an issue, remaining unpaid. Proprietary Funds: Proprietary Funds are business-like funds. The City maintains two different types of proprietary funds, enterprise funds and internal service funds. 16 Revenue Bond: A bond whose principle and interest are payable exclusively from earnings of an enterprise fund. Special Revenue Fund: Special revenue funds are used to account for specific revenues that are legally restricted to expenditures for particular purposes. The City of Jefferson uses Special Revenue Funds to account for Parks & Recreation, JC Veteran's Plaza Trust Fund, Police Training Fund, Lodging Tax Fund, City Hall Trust Fund, USS JC Submarine Trust, and Woodland Cemetery. Tax or Taxes: Compulsory charges levied by a governmental unit for the purpose of raising revenue. Tax revenues are used to pay for services or improvements provided for the general public benefit. 17 Attachment A Procedures for Applying For and Accepting Grants PLUS Responsibilities after Acceptance I. APPLICATION A. For any grant which requires an application by the City, prior to applying for a grant, the Council MUST approve by resolution any grant application filed on behalf of the City. 1. The Department applying for the grant must complete a Resolution to be submitted to the Council. The Department may submit either the resolution required by the Grantor, or the "Resolution Grant Application Form", herein attached as Exhibit A. Exhibit A may be amended or modified as desired but shall contain at least information found within Exhibit A. 2. The Department shall also complete a Resolution Summary for submission to the Council. The summary shall be essentially in the form attached as Exhibit B. Exhibit B may be amended or modified as desired but shall contain at least information found within Exhibit B. 3. The Department applying for the grant must take necessary steps with the City Clerk to get the Resolution for Grant Application added to the Council Agenda. B. For any grant which does not require an application by the City, the Department shall upon notice of the awarding to the City of such grant, submit the grant to the City Council for acceptance, pursuant to Section II. II. ACCEPTANCE A. For Awards in excess of $2,000 1. Upon award of the grant to the City, the Council MUST approve on the Consent Agenda any grant funds being accepted on behalf of the City or in the alternative the Council may approve a contract with the Grantor by ordinance. In either case, a), b), and c) below shall be applicable. a) The Department wishing to accept the grant funds must complete the "Memo for Grant Acceptance Over $2,000", herein attached as Exhibit C, which should include at least the following information: (1) The name of the grantor (2) The amount of the grant (3) The purpose of the grant (4) Any matching requirements or future obligations tied to acceptance of the grant (5) The CFDA number (6) The grant award number (if any) (7) The revenue and expense accounts to be amended b) The Department wishing to accept the grant funds must forward to the Chief Accountant in the Finance Department the following documents: (1) A copy of the document awarding the grant (2) The completed "Memo for Grant Acceptance Over $2,000" c) The Finance Department will review the "Memo for Grant Acceptance Over $2,000" to verify the account numbers to be amended are correct. They will then forward the following documents to the City Clerk to add the item to the Consent Agenda for the next regularly scheduled Council Meeting: (1} A copy of the document awarding the grant (2) The completed "Memo for Grant Acceptance Over $2,000" B. For Awards under $2,000 1. Upon award of the grant to the City, the City Administrator MUST approve any grant funds being accepted on behalf of the City. a) The Department wishing to accept the grant funds must complete the "Memo for Grant Acceptance Under $2,000", herein attached as Exhibit 0, which should include at least the following information: (1) The name of the grantor (2) The amount of the grant (3) The purpose of the grant (4) Any matching requirements or future obligations tied to acceptance of the grant (5) The CFDA number (6) The grant award number (if any) (7) The revenue and expense accounts to be amended b) The Department wishing to accept the grant funds must forward to the Chief Accountant in the Finance Department the following documents: (1) A copy of the document awarding the grant (2) The completed ,Memo for Grant Acceptance Under $2,000" c) The Finance Department will review the ,Memo for Grant Acceptance" to verify the account numbers to be amended are correct. They will then forward the following documents to the City Administrator for approval: (1) A copy of the document awarding the grant (2) The completed "Memo for Grant Acceptance Under $2,000" Ill. RESPONSIBILITIES AFTER ACCEPTANCE A. Department Accepting Grant Funds 1. Once grant funds are accepted, the Director of the accepting department MUST designate a Grant Administrator for each accepted grant who will be responsible for the grant. The Department Director shall be accountable to the City Administrator for the actions of the appointed Grant Administrator. 2. The Grant Administrator MUST provide to the Accountant in the Finance Department the complete grant agreement. 3. The Grant Administrator MUST complete reimbursement requests on a regular basis-monthly requests are preferred, however requests should be no less than quarterly. This provision shall only apply in the case that grant money is actually spent during the above identified reporting period. Where there is no specific form for reimbursement required by the Grantee, the Grant Administrator shall use the attached "Request for Reimbursement" form attached as exhibit E. a) ALL PAYMENTS of grant funds received MUST be forwarded to the Accountant in the Finance Department for deposit. 4. At the time of each reimbursement request, the Grant Administrator MUST provide to the Accountant in the Finance Department the following documents: a) The reimbursement request form b) Supporting documentation for each item being requested for reimbursement. This should include but is not limited to the following: (1) General Ledger Detail Reports for accounts that the expenses were originally coded to (2) Copies of Invoices (3) Copies of Timesheets B. Finance Department 1. Once the grant funds are accepted, the Finance Department will complete a Budget Amendment to the accounts specified on the "Memo for Grant Acceptance". As no grant revenues are being recognized in the initial budget process, this step is necessary to not only recognize the revenue but to allocate additional budgeted funds to the appropriate expense accounts. 2. When the Finance Department receives the reimbursement requests with supporting documentation from the Grant Administrator, the Accountant will compare the supporting documents to the general ledger and update the Schedule of Expenditures of Federal Awards. 3. The finance department will notify the Department Director receiving the grant upon receipt of grant funds. IV. Re-appropriation. A. It shall be the responsibility of the Grant Administrator to file a request for re-appropriation for any unspent multi-year grant funds which are unspent each year no later than January 1st of each year. The Grant Administrator shall utilize the 11 Re-Appropriation Form" attached herewith as exhibit F. B. The Finance Department shall notify each department of the re-appropriation requirement at least 15 days prior to the due date, however a failure of the Finance Department to comply with this section shall not relieve the Grant Administrator of their obligation to file the Re-appropriation. V. Gifts. Gifts to the City shall be treated the same as Grants. EXHIBIT A RESOLUTION RS20_-_ A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO APPLY FOR THE [insert name of grant] GRANT. WHEREAS, the City of Jefferson has the opportunity to apply for the [insert name of grant] grant, and WHEREAS, the purpose of the grant is [explain purpose ofthe grant], and WHEREAS, the grant, if awarded, would provide up to $[amount of grant] for the City for the purpose stated above, and WHEREAS, the grant would require the City to [explain match or obligation] WHEREAS, receiving said grant would benefit the City. NOW THEREFORE BE IT RESOLVED, that the City Council of Jefferson City, Missouri supports and authorizes the City Administrator, or his designee to execute and submit the necessary application to obtain funding for the [insert name of grant] Grant. Adopted this __ dayof _____ , 2013. Mayor ATIEST: APPROVED AS TO FORM: City Clerk City Counselor EXHIBIT B RESOLUTION SUMMARY RESOLUTION NO:. ____ _ SPONSOR: Councilman SUBJECT: Approving an application for the [insert name of grant] grant. INTRODUCED: _____ _ ORIGIN OF REQUEST: [name of department requesting grant] DEPARTMENT RESPONSIBLE: [name of department requesting grant] PERSON RESPONSIBLE: [name of department director requesting grant] Background Information: The City desires to apply for the [name of the grant] grant, which is offered by [name of grantor]. The purpose of the grant is to [state purpose of grant]. The amount applied for is $[amount of grant if known]. The [name of responsible department] Department will be responsible for filing for the grant and administrating the grant if awarded. If awarded the City would use the funds for [state purpose/project for which the city would use the funds]. The future obligations and/or matching requirement known at this time are [state matching requirements or future obligations]. If the grant is awarded to the City, the staff will return to the Council for acceptance of the grant. Fiscal Information: The application does not obligate the City to accept the funds and therefore this resolution has no fiscal impact. However if awarded and subsequently accepted by the City Council, the City could receive up to [state amount of grant]. Resolution Terms: The Resolution would authorize the City to apply for the [insert name] grant. Staff Recommendation: Approve. Memorandum To: City Council From: City Administrator Re: Grant Acceptance Over $2,000 For: Consent Agenda EXHIBITC Pursuant to Section 2-74 of the City Code, I request authority to accept the following Grant: The name of the grantor: The amount of the grant: $ The purpose of the grant: Any matching requirements or future obligations tied to acceptance of the grant: CFDA#: Grant Award # (if any): City Department Responsible: Employee assigned as Grant Administrator: Revenue account # to be amended: Expense account# to be amended: Reviewed by Finance: Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city execute any documents necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend the budget to reflect equivalent expenses so as to accomplish the purpose of such funds. For Finance Department Use only: Approved on the Consent Agenda this ___ day of ___ , 20 __ Memorandum To: City Administrator From: [Insert Department N arne] Re: Grant Acceptance under $2,000 For: Your Approval EXHIBIT D Pursuant to Section 2-290(H) of the City Code, I request acceptance of the following Grant: The name of the grantor: The amount of the grant: $ The purpose of the grant: Any matching requirements or future obligations tied to acceptance of the grant: CFDA#: Grant Award # (if any): City Department Responsible: Employee assigned as Grant Administrator: Revenue account# to be amended: Expense account# to be amended: Reviewed by Finance: Approved this ___ day of ___ , 20 __ City Administrator Signature EXHIBIT E REQUEST FOR REIMBURSEMENT Grant Name: [Insert Grant Name] Grant Number: [Insert Grant Number] Time Period: [Insert Time Period Covered by this Request] PERSONNEL EXPENSES Name Hours Date Rate of Pa~ Spent Amount Reguested Amount s - s - s - $ - $ - s - SUBTOTAL s -$ - ADMINISTRATIVE EXPENSES Acct Description Gl Acct Number Spent Amount Reguested Amount SUBTOTAL s -$ - OTHER EXPENSES Acct Description GL Acct Number Spent Amount Reguested Amount SUBTOTAL $ -$ - TOTAL REQUESTED AMOUNT $ Grant Administrator Signature Date EXHIBIT F i! CITY OF JEFFERSON 6 REAPPROPRIATION FORM to ~( ~~ City Hall ' / FY REAPPROPRIATION 320 E. McCarty Street '-JJ.l. ~ _... Jefferson Citv MO 65101 · '~XPENDITURE .. : .. DESCRIPTION.OF TRANSFER REVENUE TOTAL AMOUNT .. . ....... .-... . . Department Director Approval Date Entered By Date Attachment B CHAPTER26A PURCHASING AND FINANCE ARTICLE I. PURCHASING .................................................................................................................................................... ] DIVISION I. GENERALLY ................................................................................................................................................ ] Sec. 26A-I. Staten1ent ofPzapose ................................................................................................................................. 1 ARTICLE II. PURCHASING DIVISION ..•..•..•......................•..•..................•....•....•...•.•..•.•..•..........•.•..•.......•..........•.•..•......... 2 Sec. 26A-2. Definitions ................................................................................................................................................. ] Sec. 26A-3. Federal, State and Grant requirements ..................................................................................................... 3 Sec. 26A-4. Prontulgation ofrules ................................................................................................................................ 3 Sec. 26A-5. Preference for U.S.-manufactured goods .................................................................................................. 3 Sec. 26A-6. Preference to Missouri products and firms ............................................................................................... 4 Sec. 26A-7. Prevailing Wage ........................................................................................................................................ 4 Sec. 26A-8. Council Preference Substitution ................................................................................................................ 4 Sec. 26A-9. Signatures on Financial Accounts ............................................................................................................. 4 Sees. 26A-10-26A-19. Reserved ................................................................................................................................ 5 DIVISION II. CITY ADMINISTRATOR PURCHASING AUTHORITY ......................................................................... 5 Sec. 26A-20. City administrator power to execute contract .......................................................................................... 5 Sec. 26A-21. City administrator power to execute change orders ................................................................................ 5 Sees. 26A-22 -26A -29. Reservecl. ............................................................................................................................... 6 DIVISION III. OFFICE OF THE PURCHASING AGENT ................................................................................................. 6 Sec. 26A-375. Purchasing agent; office established ..................................................................................................... 6 Sec. 26A-31. Establish and maintain specifications ..................................................................................................... 6 Sec. 26A-32. Standards and procedure ........................................................................................................................ 6 Sec26A-33. Debannent ................................................................................................................................................. 7 Sees. 26A-35-26A-39. Reserved ................................................................................................................................ 8 DIVISION IV. PURCHASES OF GOODS AND SERVICES ............................................................................................. 8 Sec. 26A-40. General Provision for purchases of Goods and Services ........................................................................ 8 Sec. 26A-41. Architectural, Engineering and Land Surveying Services Selection ....................................................... 9 Sec. 26A-42. Policies and Procedures for Selecting Professional Economic Development Contracts and Promotion and Development of1ourisnt ....................................................................................................................................... 11 Sec. 26A-43. Small sum purchases ............................................................................................................................. 11 Sees. 26A-44-26A-49. Reserved ............................................................................................................................. 11 DIVISION V. CONSTRUCTION CONTRACTS ............................................................................................................. 11 Sec. 26A-50. Bidding procedure for construction projects over twenty-jive thousand dollars ($25,000. 00) ............. 11 Sec. 26A-51. Bonds Required when ............................................................................................................................ /4 Sees. 26A-52-26A-54. Reserved ............................................................................................................................. 15 DIVISION VI. SURPLUS AND DISPOSABLE PROPERTY .......................................................................................... 15 Sec. 26A-55. Surplus Proper(v .................................................................................................................................... 15 Sec. 26A-56. Surplus ofreal Property ........................................................................................................................ 15 Sec. 26A-57. Sale of Park Commission Property ....................................................................................................... 15 DIVISION Vll. SPECIFIC CATEGORIES IN PURCHASING ........................................................................................ J 6 Sec. 26A-60. Sole source procurement ....................................................................................................................... 16 Sec. 26A-391. Purchases of certain commodities exempt ........................................................................................... 16 Sec. 26A-62. Purchases from federal swplus property .............................................................................................. 16 Sec. 26A-63. Cooperatives General Services Administration (GSA) contracts ........................................................ I 7 Sec. 26A-64. Ernergency purchases ............................................................................................................................ 17 Sec. 26A-65. Cooperative purchasing. ....................................................................................................................... 17 Sees 26./1-66-26A-69. Reserved ............................................................................................................................... l8 Sec. 26A-70. Purchase ofCity Prope11y by City Employees ....................................................................................... 18 Sec. 26A-71. Automotive purchase and replacement advisory group ......................................................................... 18 Rev. 5130/2014 26A-O ARTICLE I. PURCHASING DIVISION I. GENERALLY Sec. 26A-l. Statement of Purpose The purpose of these purchasing procedures is to balance the goals hereinafter listed to the greatest degree possible for the benefit of the taxpayers. These goals are declared to be in the best interest of the taxpayers: I. Satisfy Requirements. To comply with federal and state law and conditions of any grant or purchase when necessary but not burden other procedures when the same are not applicable. 2. Accountability. To provide accountability to the public, City Council, and staff management, which provides transparency and prevents extravagance, fraud, and corruption. 3. Value. To maximize to the fullest extent the purchasing power of the City, to achieve the best value possible with taxpayer money, and prevent expense in processes. 4. Efficiency. To ensure that taxpayer money is used to maximum benefit by providing timely purchasing, clear and consistent regulations, and policies that allow City staff to maximize the productive use of their time. Rev. 513012014 26A-l ARTICLE II. PURCHASING DIVISION Sec. 26A-2. Definitions. Whenever the following words appear in this division they shall have the meaning set out below: Business: shall mean any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. City Council or Council: Shall mean the Council of the City of Jefferson or the Parks and Recreation Commission when expending money from the Parks Fund or money budgeted for parks purposes. City Administrator: Shall mean the city administrator and/or designee or the Parks and Recreation Commission when expending money from the Parks Fund or money budgeted for parks purposes. Construction: means the process of building, altering, repairing, improving, or demolishing any public infrastructure facility, including any public structure, public building, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of any existing public infrastructure facility, including structures, buildings, or real property. Contract: means all types of agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, or construction. Contractor: means any person having a contract with a governmental body Department Director: means director of a City department who has been assigned to administer a contract or project by the city administrator. Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any uncompensated individual performing personal services for any governmental body, or any elected or appointed official of the City. Equipment: means a vehicle powered by a motor traveling on wheels or tracks, and designed to be ridden by its operator, items which are used when affixed to such vehicles; or, trailers and other devices which are towed by a motor vehicle as well as items attached to them; or, devices which are powered by a motor and which are operated by a person walking behind the device and which said device has a purchase price of no less than Five Thousand Dollars ($5000.00). Person: means any business, individual, union, committee, club, other organization, or group of individuals. Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. Services: means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements. Signature: means [enter the appropriate reference to the State's applicable Digital Signature Act if enacted) [a manual or electronic identifier, or the electronic result of an authentication technique attached to or logically associated with a record that is intended by the person using it to have the same force and effect as a manual signature.] Supplies: means all property, including but not limited to equipment, materials, printing, insurance, and leases of real property, excluding land or a permanent interest in land. Vehicle: a motor vehicle used primarily for transporting the driver and passengers Rev. 513012014 26A-2 Written or In Writing: means the product of any method of forming characters on paper, other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. (Previously codified in section 2-374) Sec. 26A-3. Federal, State and Grant requirements. A. Any requirement placed by Federal or State law or as a condition of grant accepted by the Council, shall be deemed to be an additional requirement to these purchasing rules. B. No such condition identified in Section A above shall be imposed as a purchasing requirement unless expressly required by Federal or State law or by condition of a grant approved by the City Council. Sec. 26A-4. Promulgation of rules. The city administrator may adopt rules and regulations relating to the procedure to be followed by City employees in the preparation and submission of purchasing requests and invoices for purchases not in conflict with the City Code or City Charter. (Code 1977, § 16-23; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-378) Sec. 26A-5. Preference for U.S.-manufactured goods. A. Each contract for the purchase or lease of manufactured goods or commodities by the City, and each contract made by the City for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States. This section shall not apply where the purchase, lease, or contract involves an expenditure of less than twenty- five thousand dollars ($25,000.00). This section shall not apply when only one line of a particular good or product is manufactured or produced in the United States. This section shall not apply where the city administrator certifies in writing that: I. The specified products are not manufactured or produced in the United States in sufficient quantities to meet the agency's requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the agency's requirements; 2. Obtaining the specified products manufactured or produced in the United States would increase the cost of the contract by more than ten percent; (Ord. 10939, § 1, 10-19-87; Ord. No. 11936, § 2, 7-19-93 State Law reference Sub-Section A§ 34.353 RSMo, Sub- Section B § 71.140. RSMo.)(Previously codified in section 2-383) Rev. 513012014 26A-3 Sec 26A-6. Preference to Missouri products and firms. A. In making purchases, the City shall give preference to all commodities and tangible personal property manufactured, mined, produced, processed, or grown within the State of Missouri, to aJJ new generation processing entities defined in section 348.432, RSMo, except new generation processing entities that own or operate a renewable fuel production facility or that produce renewable fuel, and to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals, when quality is equal or better and delivered price is the same or Jess. The City may also give such preference whenever competing bids, in their entirety, are comparable. For purposes of this section, "commodities" shall include any agricultural product that has been State Law reference§ 34.070 RSMo, B. Paragraph A shall not be applicable when prohibited by state or federal Jaw or would violate any funding condition set out by the State or Federal government. (Previously codified in section 2-383.1) Sec. 26A-7. Prevailing Wage. The City shall comply with all state and/or federal requirements for prevailing wage. Sec. 26A-8. Council Preference Substitution. A. For any award or selection required by the City Council, the City Council may substitute its judgment for that of staff's judgment and make any selection it feels is in the best interest of the City. B. If a contract is brought before the City Council as a result of a competitive bidding process, and the City Council substitutes the name of the party recommended for award of the contract with another party who also submitted a bid the price of the bid of the substituted party shall be deemed to also be approved, unless specifically stated to the contrary in a motion. Sec. 26A-9. Signatures on Financial Accounts. A. The Mayor, city administrator, and finance director shall be designated as signatories for City financial accounts. B. The city administrator is authorized to execute documents to change the signatories as persons holding the positions identified-above change. C. The city administrator may appoint other department directors as signatories if necessary during times of vacancy in office of the Finance director. Rev. 513012014 26A-4 Sec. 26A-22 through 26A-29 reserved. DIVISION III. OFFICE OF THE PURCHASING AGENT Sec. 26A-30. Purchasing agent; office established. There is hereby established within the finance department the office of purchasing agent who shall be the head of the purchasing division. (Code 1977, § 16-20; Ord. No. 11936, § 2, 7-19-93) Sec. 26A-31. Establish and maintain specifications. The purchasing agent shall compile and maintain specifications for all items purchased, or to be purchased, by the City. The specifications shall not be unduly restrictive and shall be written, if possible and practicable, so that the City may obtain competitive bids. (Code 1977, § 16-21; Ord. No. 9655, § I, 8-17-81; Ord. No. 10044, § 1(16-21), 9-6-83; Ord. No. 11936, § 2, 7- 19-93) Sec. 26A-32. Standards and procedure. The purchasing agent shall observe the following standards and procedures in the administration of this division: A. The purchasing agent shall purchase those supplies, materials and equipment requested by the department for whose use they are intended. The purchasing agent shall keep the departments informed on prices, changes, deliveries and other information that will assist them in placing purchase orders at such times as to ensure purchasing at the best possible prices. B. All supplies, materials and equipment with an estimated value in excess of one thousand dollars ($1 ,000.00) disposed of by sale or otherwise shall be sold by the purchasing agent only with the advice and consent of the mayor and council. Supplies, materials and equipment deemed to be obsolete, unusable with an estimated value of less than one thousand dollars ($1,000.00), may be lawfully disposed of by the purchasing agent. C. Copies of all correspondence with suppliers concerning prices, adjustments or defective merchandise, as well as all invoices, bills of lading, delivery tickets and other papers pertaining to purchases, shall be delivered to the purchasing agent. D. The purchasing agent shall maintain a complete record of all quotations, bids and purchase orders for a period of five (5) years, and such records shall at all times be open to the public for inspection. Only Rev. 513012014 26A-6 proposals and related documents will be closed until the earlier of the making of a recommendation to the public governmental body or the acceptance or rejection of all proposals. (Ord. 14866, § 2, 10-17-2011) (Code 1977, § 1 6-22; Ord. No. 1 1936, § 2, 7-19-93 Sec. 26A-33. Debarment. A. The purchasing agent is authorized to debar a person from consideration for award of contracts for any of the following reasons: 1. Conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of integrity or honesty which currently, seriously and directly affects responsibility as a City contractor or vendor. 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals. 4. Deliberate failure without good cause to perform in accordance with contract specifications or within the time limit provided in the contract. 5. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor or vendor shall not be considered a basis for debarment. 6. Any other cause so serious and compelling as to affect responsibility as a City contractor, including debarment by another governmental entity for any cause listed in this article. 7. Found to have falsified a previous bid. B. The length of a debarment shall not exceed three (3) years. C. An action to debar a contractor may be initiated and shall proceed as follows: 1. The purchasing agent shall initiate a debarment by serving written notice of the debarment to the person he intends to debar. The notice shall set forth the specific grounds for the debarment and advise the person of his right to appeal. The notice shall be served by registered or certified mail or by delivering a copy of the notice to the person subject to debarment or his agent or employee. The debarment shall take effect ten (I 0) days after service of the notice unless an appeal is taken to the director of finance. If such an appeal is taken, the debarment shall not take effect until a final order upholding the debarment is entered by the director or until the appeal is dismissed by the appellant. 2. Within ten ( 1 0) days after service of a written notice of debarment, the person affected by the notice may file a written request for a hearing before the director of finance contesting the debarment. 3. The director of finance shall set the matter for hearing on the record within ~R:irty (3 Q) fifteen (15) days of the receipt of a request for a hearing. At least ten (I 0) days' notice of the hearing shall be given to the affected person and to the head of the purchasing division. 4. At the hearing, each party shall have the right to call and examine witnesses, introduce exhibits, Rev. 5130/2014 26A-7 cross-examine opposing witnesses and impeach any witness. Oral evidence shall be taken only on oath or affirmation. All evidence shall be suitably recorded and preserved. The technical rules of evidence shall not apply, except the director of finance may exclude evidence which is irrelevant or repetitious. Each party shall be entitled to present oral arguments or written briefs at or after the hearing. 5. Within ten (1 0) working days of the hearing, the director of finance shall make written findings of fact and conclusions of law and issue a final order. Findings of fact shall be based upon competent and substantial evidence found in the records as a whole. A copy of the director's order, his findings of fact and conclusions of law, shall be delivered or mailed to the purchasing agent and to the affected person. 6. An appeal from the director's order shall be to the circuit court pursuant to Chapter 536, RSMo. 7. If there are grounds for debarment pending against a bidder, all other bids submitted by the party against which the debarment is pending may be rejected until the debarment matter is resolved. (Ord. No. 11936, § 3, 7-19-93) Sees. 26A-35-26A-39. Reserved. DIVISION IV. PURCHASE OF GOODS AND SERVICES. Sec. 26A-40. General Provision for purchases of Goods and Services. Unless otherwise stated, the purchase of goods and services shall be accomplished utilizing the following methods: A. Category I: Purchases of goods or services valued less than five thousand dollars ($5,000.00). The purchases of goods or services which have a value of less than five thousand dollars ($5,000.00) may be purchased without the utilization of bids. Purchases must be requisitioned through the normal purchasing procedures. B. Category 2: Purchases of goods or services valued from five thousand dollars ($5,000,00) to less than twenty five thousand dollars ($25,000.00). The purchases of goods or services which have a value of from five thousand dollars ($5,000.00) to less than twenty five thousand dollars ($25,000.00) shall require obtaining three (3) bids or quotes for the cost of the good or service requested. 1. Such bid/quote shall be in writing (with electronic bids or quotes being acceptable), except that purchases made in connection with an emergency declared pursuant to the terms of the City Code, may be oral. 2. A bid for a good may include the sales price of a seller of an online dealer of such goods. 3. The name of the business submitting bids or quotations, the names and contract information of the persons designated for communication by the business, the date and the amount of each quotation shall be recorded and maintained. 4. A bid/quote must be received from at least (3) businesses or vendors or an explanation as to why three bids could not be reasonably obtained which is accepted by the city administrator. The Rev. 5/3012014 26A-8 lowest and best bid shall be selected by the department director. C. Category 3: Purchases of goods or services valued at twenty-five thousand dollars ($25,000.00) or greater. Purchases of goods or services expected to be twenty-five thousand dollars ($25,000.00) or greater shall be accomplished by sealed bid. The purchasing agent shall advertise for sealed bids on any requisition involving more than twenty-five thousand dollars ($25,000.00) allowing a minimum of fourteen (14) days before proposals are received and the bids opened. The lowest and best bid submitted by a responsible bidder meeting specifications will be recommended to the City Council for an award. D. Maintenance Contracts. Contracts awarded for maintenance services (including but not limited to electricians and plumbers) based upon an hourly fee shall include provisions to allow for other similar work which may be determined to be beyond maintenance at the discretion of the city administrator so long as there are sufficient budgetary funds. E. Request for Bid (RFB) also known as Invitation for Bid (IFB). The City shall utilize a Request for Bid when the item or service sought can be described in detail using characteristics that must be present in order to meet the needs of the user. Specifications are detailed, specific and provide for very limited flexibility on the part of the bidder. If bids are to be evaluated based on subjective criteria in conjunction with price, the subjective criteria and relative weights must be stipulated in the specifications. The award is to the lowest and best responsible bid meeting the specifications as originally stated. Bids do not allow for negotiation. F. Request for Proposal (RFP) -The Request for Proposal is a method of soliciting information and pricing from a supplier of goods or services. The Request for Proposal procedure may only be if the city administrator determines that staff cannot reasonably determine detailed and specific specifications for the good or service. An RFP is issued so that potential proposers can offer suggested processes or services, or alternate proposals to be considered by the City. When using a RFP the City must establish selection criteria and establish points for each criteria. Such point system shall be provided to the proposer as a part of the RFP. Proposals allow for negotiation and may include best and final offers. Proposals and related documents shall be held confidential until the earlier of the making of a recommendation to the City Council or the acceptance or rejection of all proposals. Sec. 26A-4l. Architectural, Engineering and Land Surveying Services Selection. A. General Provisions. I. The following procedure describes policies and procedures to be used by City of Jefferson in selecting architectural, engineering and land surveying services referred to as "AELS firms 11 • 2. The process for selection of AELS shall be called "Request for Qualifications". 3. The following provisions for purchase of AELS are governed by the Federal "Brooks Act" (40U.S.C. 1101 ct seq) and the State or "Mini Brooks Act" (RSMo 8 Sections 285-291). 4. Selection Committee. For purposes of this section, Selection Committee shall mean a committee appointed by the city administrator which shall be composed of the department director who shall be in charge of the project requiring an AELS Firm and others as appointed. B. Policy. It shall be the policy of City of Jefferson to negotiate contracts with AELS firms for services on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable fees. C. AELS Firm List And Evaluation. Rev. 513012014 26A-9 1. The purchasing agent shall compile and maintain a file of AELS firms that are potential consultants for doing projects for City of Jefferson. 2. Each AELS firm shall be evaluated within thirty (30) days after completing a contract with the City. The evaluation shall be forward to the purchasing agent for use in future project selections. D. Request for Qualifications. 1. When a project is proposed, the principal department proposing the project shall prepare a description of the project, including the Scope of Work, the identification of applicable plans, a timetable and a project budget. This information shall be compiled into a "Request for Qualifications" for the project. 2. The department director principally in charge of the project shall select AELS firms to be sent a "Request for Qualifications" for the project from the purchasing agent's list and other sources deemed appropriate. Selection of these AELS firms shall be based upon preliminary review comparing the nature of the job with the experience of the AELS firms and other significant factors. 3. The Request for qualification shall set out all criteria for which the firms will be evaluated. 4. Interested AELS firms shall submit responses to the Request for Qualifications for review by the selection committee. 5. The selection committee shall evaluate the responses and if deemed necessary, some or all the submitting AELS firms may be interviewed. 6. Upon a finding by the city administrator that the AELS list of firms currently on file with the Purchasing Agent contains firms which, based upon City staffs previous experience, meets or exceeds the qualifications for a project, the principal department may choose to select qualified frrms from the purchasing agent's list with no additional submission from the AELS firms required. E. AELS Firm Selection The selection committee shall rank the AELS firms based on the following criteria: 1. The specialized experience and technical competence of the firm with respect to the type of services required; 2. The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project; 3. The past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules; 4. The firm's proximity to and familiarity with the area in which the project is located. 5. Any other criteria deemed appropriate for the services sought which may be lawfully considered. F. Negotiation For Contract I. The selection committee shall select up to three AELS firms that are highly qualified to fulfill the proposed assignment in the best interest of the City. The AELS firms shall be placed in ranked order. 2. The AELS firm ranked first shall be asked to prepare a fee proposal based on the written description of the scope services and negotiations shall proceed. 3. If the committee is unable to negotiate a satisfactory contract with the highest ranked firm selected, negotiations with that firm shall be terminated. The committee shall then undertake Rev. 513012014 26A-10 negotiations with the second highest ranked AELS firm. If there is a failing of accord with the second firm, negotiations with such firm shall be terminated. The committee shall then undertake negotiations with the third most qualified firm. 4. If these negotiations prove unsatisfactory, the project shall be restudied and the City's expectations shall be reexamined before beginning the process again. If the process begins again, the selection committee shall compile a list of qualified AELS firms and proceed in the same manner. G. Appeal. There shall be no right to appeal such award but all qualifications on tile with the City shall be a public record. Sec. 26A-42. Policies and Procedures for Selecting Professional Economic Development Contracts and Promotion and Development ofTourism. A. The ability to contract for economic development, promotion and development of tourism, or any other service identified by the Council by resolution shall be held exclusively by the City Council. B. The selection of any provider under section shall be exempt from all other purchasing procedures and if such service is desired to be bid rather than awarded, such process shall be developed by the City Council at the time of selection. C. Any requirements for selection shall be adopted ad hoc by the City Council by resolution. Sec. 26A-43. Small sum purchases. Any employee of the City making an authorized purchase involving an immediate cash expenditure of one hundred dollars ($100.00) or less shall be reimbursed by the City upon submission of a sales ticket for the purchase. (Code 1977, § 16-29(b); Code 1983, § 2-404; Ord. No. 11936, § 2, 7-19-93)(Previously codified in section 2-381) Sees. 26A-44-26A-49. Reserved. DIVISION V. CONSTRUCTION CONTRACTS Sec. 26A-SO. Bidding procedure for construction projects over twenty-five thousand dollars ($25,000.00). The following describes procedures to be followed by the City in selecting construction contractors for projects in excess of twenty-five thousand dollars ($25,000.00). When construction documents have been completed and approved and the approved sets have been delivered to the appropriate City official, the next step is the selection of a construction firm for the project. This contractor shall be selected as follows: Rev. 5/3012014 26A-ll A. Competitive bids: The City shall seek competitive bids for projects by advertising and or invitations to prospective contractors that the City intends to construct said project B. Advertising or invitation to contractors: To inform prospective bidders that a contract is to be awarded and invite bids for the proposed project an advertisement shall be placed in a daily paper of general circulation. Items which may be included in the advertisement or invitation are: I. A brief description of the project and its location. 2. Name and address of the City of Jefferson. 3. Name and address of the person authorized to receive bids. 4. The place, date and hour of bid opening, restrictions on submission, changes and withdrawal of bids. 5. Character of bids: Phasing, unit-price, lump-sum, alternates etc. 6. Quantities involved in the project. 7. The amount of the bid surety and whether it is to be by certified check, bid bond etc. and provisions for returning surety to unsuccessful bidders. 8. Statement as to where plans and specifications may be obtained or examined and the charge or deposit required for each set and provision for recovery of charge or deposit when documents are returned. 9. Conditions of contract award and the City of Jefferson right to accept the lowest responsible bid and to reject any or all bids. 10. Name of the consultant and the authorized representative for the City of Jefferson and consultant. II. Contract surety: The amount and type of performance and payment bond. C. Instructions to bidders: A document in which all bidders are furnished identical information on the features of the project along with instructions on the procedure to be followed in submitting bids. Items which may be included in the instructions to bidders are: 1. Bidder's experience, work record and or prequalification data. 2. Procedure for completing and submitting the bid. 3. A list of the plans and specifications and an estimate of quantities for unit-price contracts or an exact description of the scope of the project if contract is to be lump-sum. 4. An estimate of the time it will take the bidder to complete the project. 5. Responsibility for accuracy of bidding information in reference to subsoil data, test borings, errors in plans and specifications, etc. 6. Information on formalities and informalities in accepting or rejecting bids. 7. Miscellaneous instructions as needed. D. Bid fonn: A document to ensure that all bids are prepared in a similar manner and to facilitate the analysis and comparison of bids and to detect informalities in the bids. It is a convenience to bidders and it encourages accuracy and fairness. Items which may be included in the bid form are: 1. An offer from the bidder to perform the work as specified for a given price. 2. An agreement to complete the project in a given number of days after the notice to proceed has been given. 3. The amount of the bid bond, certified check or other form of guarantee that is to accompany the Rev. 513012014 26A-12 bid. 4. An agreement by the bidder to furnish the required contract surety if the contract is awarded. 5. Provision for the bidder to acknowledge receipt of all addenda to the plans and specifications. 6. The list of subcontractors to be employed for special work. 7. The experience record, financial statement and plant equipment questionnaire, when required. 8. Statement that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City of Jefferson or consultant, bid pooling or straw bids. 9. Statement by the bidder that the site has been examined and the plans and specifications are understood by the bidder. 10. Appropriate signatures and witnesses as required. E. Pre-bid conference: Preparatory to putting the bid together, a pre-bid conference may be held for those bidders anticipating submitting a bid on said project. The pre-bid conference is to do the following: 1. Allow bidders, both contractors and subcontractors a chance to ask questions of those who prepared the plans and wrote the specifications. 2. Allow explanations and answers to questions to be given by those best qualified. 3. To allow scheduled pre-bid conference to be held midway between advertising for bids and the bid opening date. 4. To give additional opportunities so the site can be visited, if necessary. F. Addenda: During the bidding period, any and all additional instructions, clarifications, interpretation or modifications shall be made by an addendum prepared by the consultant or City of Jefferson and signed by the consultant or City of Jefferson's representative. I. The addendum shall be delivered, either by the City of Jefferson or the consultant, as agreed upon by the two. 2. A receipt shall be received for all hand delivered addendum by the deliverer. Addendum sent by mail shall be mailed by the fastest delivery method and shall be sent by registered mail with a signed receipt requested. 3. No one is authorized to make any clarifications, interpretations, or modifications or give any instructions to the bidders during the bidding period except as described in this section on addenda. G. Receiving and opening bids: Bids may be submitted at any time after the project has been officially advertised or invitations extended and prior to the hour designated for the opening of the bids. I. Bids submitted may be withdrawn or changed any time before the official opening. 2. No changes are permitted after bids have been opened. 3. Bids shall be submitted on the proposal/bid form with all accompanying papers placed in a sealed envelope addressed to the person authorized to receive same and endorsed with the bidder's name and the title of the project. 4. All bids shall be opened and read aloud publicly at the proper time so that all bidders and others interested may be present as witnesses and/or to tabulate amounts. H. Awarding the contract: After the bids have been opened any consultant and the City of Jefferson representative shall meet to determine if a bid is the lowest and best bid submitted by a responsible bidder has been received. The following shall be done: Rev. 513012014 26A-l3 I. A study of the qualifications of the bidders shall be made to determine if there are irresponsible and undesirable bidders and to eliminate same. 2. An analysis and comparison of bids shall be made to determine the lowest responsible bidder. 3. When a bidder has been determined to be the lowest and best bid submitted by a responsible bidder, the City shall proceed to obtain a contract with the lowest responsible bidder. 4. A formal notice of award shall be issued to the bidder notifying the bidder of his/her selection. The bidder shall be told of the time and place designated to sign the contract. 5. If the bidder determined to be the lowest and best bid submitted by the successful bidder is unable to execute a contract, the City shall proceed to execute a contract with the next responsible bidder. If this bidder is unable to execute a contract, the City shall continue the process with all responsible bidders if necessary. 6. The City shall have the right to use any or all of the bid security of any or all bidders to execute a contract when the bidder is unable to execute a contract for a project bid. 7. After acceptance of the bid and the contract has been signed, a formal notice to proceed shall be forwarded to the contractor authorizing the contractor to begin work. (Ord. 13208, §2, 6-4-2001) I. WHEN LOW BID EXCEEDS FUNDS: Occasionally after opening bids, the lowest and best bid submitted by a responsible bidder may exceed available funds. These are the possible alternatives when this happens: (Ord. 13208, §2, 6-4-2001) I. Reduce the scope of the project to allow bids within the budget. 2. Secure additional funds. 3. Rejection of all bids. J. PRECONSTRUCTION CONFERENCE: Immediately after a construction contract has been fully executed and before construction begins, the City of Jefferson, consultants and contractor shall meet to do the following: I. Meet with subcontractors and the superintendent for the project. 2. Get acquainted and discuss the several phases of the project so that when understood by all, the job will run smoothly. 3. To establish lines of communication and lines of authority to be followed during construction. 4. To discuss items of interest and concern to all. (Ord. 12316, 7 /24/95; Ord. No. 14549, §I, 6-15-2009) (Replaces Chapter 2 and subsequently 26A-395) Sec. 26A-51. Bonds Required when. All construction contracts of twenty-five thousand ($25,000.00) or more shall require a performance and payment bond. Contracts Jess than twenty-five thousand dollars ($25,000.00) shall require a performance and payment bond at the discretion of the city counselor after consultation with the city administrator. Rev. 513012014 26A-14 Sees. 26A-52 -26A-54. Reserved. DNISION VI. SURPLUS AND DISPOSABLE PROPERTY Sec. 26A-55. Surplus Property. A. The city administrator may declare any property which has a reasonable fair market value of less than one thousand dollars ($1 ,000.00) and which is no longer beneficial to needs to the City to be declared surplus and dispose in a manner most financially beneficial to the City or donate to a not-for-profit organization or another political subdivision. On a yearly basis, or as needed, the purchasing agent shall submit a report to the City Council identifying all property declared surplus pursuant to this provision. B. Any property (other than motor vehicles) which has a reasonable fair market value of more than one thousand dollars ($1 ,000.00) shall be disposed of by a method approved by the City Council. Such method shall be approved on the consent agenda. C. Disposable property. Notwithstanding the foregoing paragraphs the purchasing agent may designate types of personal property as "disposable" which may then be disposed without annual notice to the City Council. To be "disposable" the property must be declared as disposable by the purchasing agent, and designed to be thrown away after use and have no monetary value after use. Examples may include but are not limited to paper, pencils, pens, plastic bags, and cardboard. D. City employees shall not be allowed to purchase surplus City property unless such property is sold to the highest bidder, or if offered at a pre-determined price then only after the item has been offered to the general public for no less than six days. (Replaces 26A-377F) & 26A-384) (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-384) Sec. 26A-56. Surplus of real Property. A. Declaration of Real Estate Surplus. The City Council may declare any real property owned by the City to be declared surplus and no longer needed. Such declaration shall be made on the consent agenda. B. Disposition of Surplused Real Estate. Once the real property is declared surplus the method of disposition shall be approved by the City Council, which may be by any means deemed most beneficial by the City Council. (Ord. 14866, § 2, 10-17-2011) (Ord. No. 11747, §I, 6-4-92; Ord. No. 11936, § 2, 7-19-93) (Replaces Chapter 2 and subsequently 26A sections 377F) (Replaces Chapter 2 and subsequently 26A sections 385, 386 & 388) (Previously codified in section 2-385) Sec. 26A-57. Sale of Park Commission Property. Should the Parks and Recreation Commission determine that property owned by the Parks Commission is surplus, the procedure outlined above for the disposal of surplus property shall be followed. The Commission may establish a minimum bid requirement for any parcel of property at the time it declares it surplus. The City Council Rev. 5130120/4 26A-15 may approve any such sale on the consent agenda. (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93) (Previously codified in section 2-387) (moved from 26A-387) (Ord. No. 11936, § 3, 7-19-93) (Previously codified in section 2-389) DNISION VII. SPECIFIC CATEGORIES IN PURCHASING Sec. 26A-60. Sole source procurement. A. Competitive bids_and advertising can be waived when there is only a single feasible source. A single feasible source is defined as listed below. 1. Proprietary, only available from manufacturer or single distributor. 2. Bidding history determines that the item is only available from manufacturer or a single distributor. B. The city administrator shall be charged with determination as to whether a sole source is applicable. (Previously codified in section 2-390) Sec. 26A-61. Purchases of certain commodities. A. All purchases of the following commodities may be purchased according to the procedures in this section. 1. Any chemical purchased in bulk. 2. Fuel. B. Purchases of items authorized by this section shall be made as follows: 1. The purchasing agent shall maintain a list of approved vendors of each authorized item. The criteria for approval shall be designated by each affected department director. Vendors may be added to the list by the department director or at the request of the vendor. The person requesting a vendor's name to be added to the list shall provide the information necessary to show compliance with the criteria set forth. 2. The purchasing agent, at the request of the department director, is hereby authorized to purchase such quantities of the material as are requested, from the approved vendor then offering the lowest price, without further authorization as long as said purchase is within the budgetary control of said department. (Previously codified in section 2-391) Sec. 26A-62. Purchases from federal surplus property. Rev. 513012014 26A-16 All purchases from federal surplus property or from Surplus Property, State of Missouri are exempt from purchasing I imits, as long as said purchase is within the budgetary control of said department (Previously codified in section 2-392) Sec. 26A-63. Cooperatives General Services Administration (G S A) contracts. All purchases from General Services Administration (G SA) contracts are exempt from purchasing limits as long as said purchase is within the budgetary control of said department. (Previously codified in section 2-393) Sec. 26A-64. Emergency purchases. A. When a disaster has not been declared by the Mayor, notwithstanding any other provisions of this division, the city administrator or designee may make or authorize others to make emergency procurement of supplies, services, or construction items when there exists a threat to public health, welfare, or safety; provided that such emergency procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in a record of each emergency procurement which shall be made and shall set forth the contractor's name, the amount and type of the contract, a listing of the item(s) procured under the contract, and the identification number of the contract file. A copy of the record shall be given within five days of the purchase to the city administrator and purchasing division. If a disaster has been declared, or if a disaster is later declared the provisions of Chapter 11, Emergency Preparedness and Emergencies, shall be followed. In any such instance when emergency procedures are implemented, the department director shall maintain all records related to an incident. B. An emergency exists as defined below: An emergency exists when a breakdown in machinery and/or a threatened termination of essential services, including but not limited to maintenance and repair of essential office equipment, or a dangerous condition develops, or when supplies are needed for immediate use in work which may vitally affect safety, health or wei fare of the public. (Code 1977, § 16-29(a); Code 1983, § 2-403; Ord. No. 11936, § 2, 7-19-93; Ord. No. 14051, §2, 6-5-2006) (Previously codified in section 2-380) Sec. 26A-65. Cooperative purchasing. A. In lieu of the purchasing requirements set out in this chapter, the City Council may authorize participation in any multi-government cooperative or for-profit cooperative by ordinance. B. In addition to other groups authorized by ordinance the Council specifically authorizes participation in cooperative purchasing with State of Missouri, the County of Cole, and the Housing Authority. C. In lieu of the purchasing requirements set out in this chapter, the purchasing agent shall be authorized to Rev. 513012014 26A-17 approve purchases based upon a bid received by another government entity within this State, provided that all of the following requirements are met: I. The other entity must have competitively bid the purchase using procedures which are substantially similar to the procedures which would have been required had the City of Jefferson bid the purchase itself as determined by the purchasing agent; and, 2. The purchasing agent receives verification, acceptable to the purchasing agent, that the other governmental entity's procedures were actually followed; and 3. The successful bidder to the other governmental entity must state in writing, in a form acceptable to the purchasing agent, that the City of Jefferson is authorized to make the same purchase at the same price. (Previously codified in section 2-382) (Previously codified in section 2-394) (Ord. 12316, 7/24/95; Ord. No. 14549, §1, 6-15-2009) (Previously codified in section 2-395) (Ord. No. 13829, §1, 1-18-2005; Ord. No. 14549, §1, 6-15- 2009) (Previously codified in section 2-399) Sees. 26A-66-26A-69. Reserved. Sec. 26A-70. Purchase of City Property by City Employees. City employees shall not be allowed to purchase surplus City property unless such property is sold to the highest bidder or, if offered at a pre-determined price then only after the item has been offered to the general public for no less than six days. (Previously codified in section 2-406) Sec. 26A-71. Automotive purchase and replacement advisory group. The city administrator may create an Automotive Purchase and Replacement Advisory Group composed of staff members representing the various departments which have vehicles assigned to them, for the purpose of making recommendations to the city administrator as to the vehicles which should be purchased, replaced or sold. The Purchasing Officer shall be the non-voting chairman of such a committee. (Ord. No. 14549, §2, 6-15-2009) (Previously codified in section 2-407) (Ord. No. 13829, §1, 1-18-2005; Ord. No. 13860, §§1, 2, 3, 4-4-2005; Ord. No. 14549, §I, 6-15-2009; Ord. No. 15264, 5-19-2014) Rev. 5130/2014 26A-18