IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE repealing section 1003., Jackson County Code, 1984, relating to County purchasing, enacting in lieu thereof one new section relating to the same subject, and authorizing the County Executive to execute an Intergovernmental Cooperative Agreement for Tax Verification Information with the City of Kansas City, Missouri, Johnson County, Kansas, and the Unified Government of Wyandotte County and Kansas City, Kansas.
Intro
ORDINANCE NO. 4553, August 19, 2013
INTRODUCED BY Scott Burnett, County Legislator
Body
WHEREAS, a project known as "CORE 4" began approximately a year ago to improve regional efforts through a group formed by the management of Jackson County, Johnson County, Kansas, the Unified Government of Wyandotte County and Kansas City, Kansas, and the City of Kansas City, Missouri, with the goal of finding ways to work more closely together to better the quality of service, efficiencies, or innovations; and
WHEREAS, from this collaboration, it was learned that some entities were not performing a tax clearance for contractors prior to award and/or payment; and
WHEREAS, discussion ensured and there was strong support to have the various entities' purchasing agents work together to begin a process of providing tax clearances on larger contracts for not only their own jurisdictions, but also the surrounding partners; and
WHEREAS, all of the staffs have been consulted and believe this would not be an administratively cumbersome process; and
WHEREAS, it is being proposed that the County provide tax clearance information on Jackson County tax obligations to the other three partners for their large contracts, while Jackson County will seek the same information from the other three partners on County contracts that are larger than $150,000; and,
WHERAS, in the event a proposed contractor is not current on taxes in all the jurisdictions, the contractor would be required to become current prior to award or first payment; and,
WHEREAS, this procedure will help strengthen the purchasing process throughout the region while supporting other taxing entities in ensuring those that are doing business with the government are current on taxes; and,
WHEREAS, to implement this understanding, an amendment to the County Code and the execution of an Intergovernmental Cooperative Agreement are required; and,
WHEREAS, the code amendment and execution of the Agreement are in the best interest of the health, safety, and welfare of the citizens of Jackson County; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause. Section 1003., Jackson County Code, 1984, is hereby repealed, and one new section enacted in lieu thereof, to be known as section 1003 ., to read as follows:
1003. Tax Clearance Required.
No person, firm, or corporation, resident in Jackson County, or otherwise legally within the taxing jurisdiction of the County, shall be eligible to provide any goods, contractual services, or anything covered by this chapter, unless that person, firm, or corporation is duly listed and assessed on the County tax rolls and is in no way delinquent on any taxes payable to the County. Further, no person, firm or corporation, regardless of state of residency, shall be eligible to provide any goods, contractual services, or anything covered by this chapter, of a cost in excess of $150,000 per annum, if that person, firm, or corporation is in any way delinquent on any taxes payable to any local government entity with which Jackson County has entered into an "Intergovernmental Agreement for Tax Verification Information."
1003.1 Director to Determine Eligibility.
Where any individual, firm, or corporation [is a resident of Jackson County, or where it otherwise appears that the firm is legally within the taxing jurisdiction of the County, and] has made an offer, bid, or quotation for any County purchase, the Director of Finance and Purchasing shall cause a search to be made of the County tax rolls, and, if applicable, an inquiry to be made of the appropriate personnel of any other local government entity with which Jackson County has entered into an "Intergovernmental Agreement for Tax Verification Information," to determine the eligibility of that person, firm, or corporation under this section.
1003.2 Lowest Bidder Ineligible, Procedure.
When the apparent lowest and best bidder for a given purchase order is ineligible under this section, the Director of Finance and Purchasing may, when time is not of the essence to the County, notify the bidder and allow three (3) days for the bidder to correct the deficiency or pay any delinquency involved. If the bidder fails, after the notice to comply within three (3) days after such notice, or, if the director deems time to be of the essence, the director shall proceed as though the lowest and best bidder who is eligible under this section had entered the lowest bid
Section B. The County Executive is hereby authorized to execute the attached Intergovernmental Cooperative Agreement for Tax Verification Information with the City of Kansas City, Missouri, Johnson County, Kansas, and the Unified Government of Wyandotte County and Kansas City, Kansas
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its passage by the County Executive.
APPROVED AS TO FORM:
____________________________ ________________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached Ordinance, Ordinance No. 4553 introduced on August 19, 2013, was duly passed on September 3, 2013 by the Jackson County Legislature. The votes thereon were as follows:
Yeas ________9_______ Nays _______0_______
Abstaining ____0______ Absent ______0______
This Ordinance is hereby transmitted to the County Executive for his signature.
________________________ ______________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance No. 4553.
_______________________ _______________________________
Date Michael D. Sanders, County Executive