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INFORMATION #1 City of /)14*, Elk River Financial Management Policies Purchasing The goal of the Purchasing Policy is to ensure all purchases are consistent with Minnesota statutes, to establish internal controls, to maintain the appropriate documentation, and to ensure the best value for the public money. Purchasing Authority The department/division director for which the service, equipment, or supplies are ordered must recommend the order be placed. The department/division director may designate the authority to make certain purchases to department staff. This designation must be communicated to the Finance Department. Final approval of all purchases must be evidenced by the department/division director's signature on the purchase order,invoice and/or receipt. Purchase orders must be completed prior to acquisition to insure accountability,provide amount verification, and avoid a misunderstanding with respect to cost between the vendor and the city. Purchasing Thresholds All expenditures up to $50,000 must be within the limits established by the department budget. The thresholds of dollar amounts that have been established either by policy,City Code, or statutory authority for the purpose of purchasing city goods are identified as follows: a Ntir•Written quotes are not required,but verbal quotes are recommended. Department Less than •At the point of sale,the receipt must be signed by the individual Director or $5,000 purchasing the item. Designee •The receipt/invoice must also be signed and coded by the denartment director • When there is more than one feasible source of supply for an item,the city shall request written price quotations from at least two $5,000- Purchase Order/ Department sources and shall place the order at the lowest price quoted,provided $24,999 Quotes Director the items are of comparable quality. • Quote information should be attached to the purchase order. •When there is more than one feasible source of supply for an $25,000- City item,the city shall request written price quotations from at least two P.O./Quotes sources and shall place the order at the lowest price quoted,provided $49,999 Administrator the items are of comparable quality. • Quote information should be attached to the purchase order. • Check the availability of an item through a cooperative purchasing program before obtaining quotes. $50,000- Council •When there is more than one feasible source of supply for an City Council $100,000 Approval item,the city shall request written price quotations from at least two sources and shall place the order at the lowest price quoted,provided the items are of comparable quality. •There are three processes available that would satisfy statutory Bids/Cooperative Above$100,000 City Council requirements for purchases above$100,000.(See "Purchases Agreements Exceeding$100,000"section below for more details.) Purchases Exceeding$100,000 There are three processes available that would satisfy statutory requirements for purchases that are above $100,000: 1. Purchases through Cooperative Purchasing Organizations: The city is a member of various cooperative purchasing organizations 2. Purchases Made Outside of the Cooperative Bidding Process: If the amount of the contract is estimated to exceed$100,000,and funds are appropriated within the current operating budget or capital improvement program, sealed bids shall be solicited by public notice at least 10 calendar days before scheduled bid opening following preparation of bid specifications as authorized by the City Council. The successful bid is to be awarded by the City Council to the lowest responsible bidder.(Minnesota Statutes 471.345) 3. Non-Competitive Supplies or Equipment: If the city is purchasing a product or service which is available from only one source, the acquisition will be made in the same fashion as a purchase between$50,000 and$100,000 except that no other quotes are required. Exceptions to Competitive Bidding The following are some of the more common exceptions to the competitive bidding requirements: • Contracts less than $100,000 • Cooperative purchasing organizations • Intergovernmental contracts • Noncompetitive supplies and equipment • Real estate purchases • Professional services including: o Architectural o Auditing o Engineering o Legal o Group Insurance o Banking Services o Investment Services o Financial Service Providers o Construction Management o Surveying • Emergency Purchases Contractor's Bond The city is required to obtain both a payment and performance bond for all public work contracts over$100,000. Payment and performance bonds protect the city as well as subcontractors and persons providing labor and materials. When the public work contract is let, the amount of the bond needs to be equal to the contract price. If the contract price increases due to change orders, unforeseen conditions, cost overruns or any other reason after the contract is signed, the city has the option of increasing the amount of the contractor's bond. Consideration may be given for the percentage of the contract that is complete in relation to the contractor's bond and the increase in the contract price. Professional Services Contracts for professional services such as those provided by engineers, attorneys, architects, accountants, and other services requiring technical, scientific or professional training are exempt from competitive bidding requirements. However,the goals to secure professional services remain the same: to ensure all purchases are consistent with Minnesota statutes, to establish internal controls, to maintain the appropriate documentation, and to ensure the best value for the public money. The following chart identifies the required procedures for professional services contracts. •At least two written quotes shall be obtained where there is more $0- Department than one feasible source. Quotes $24,999 Director • In cases where the city has established a pool of qualified consultants,the consultant may be selected from the existing pool. •When there is more than one feasible source,the city shall request written price quotations in the form of a Request for Proposal from at $25 000 least two sources. Council •The quotes shall be submitted in written format. and Above City Council Approval •The standard contract shall be awarded to the service provider with the best qualifications and proposal for the specific project. Total cost shall not be the only consideration,but must be included in the analysis of the proposals. Emergency Purchases Under Minnesota's Emergency Management Act, the city has the authority to enter into contracts during an emergency without following many normally required procedures. An emergency is defined as "an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring". A disaster is "a situation that creates an actual or imminent serious threat to the health and safety of persons, or a situation that has resulted or is likely to result in catastrophic loss to property or the environment, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss". During an emergency or disaster, the City Council may waive compliance with the time-consuming procedures or formalities concerning: 1. The performance of public work 2. Contracting 3. Incurring obligations 4. Renting equipment 5. Purchasing supplies and materials Emergency purchases will only be allowed when the mayor issues a proclamation declaring an emergency, and the steps listed in Minn. Stat. § 12.29 are completed.