Res 2011- 75 Purchasing Policy1 11 C1
RESOILiTTION 2011 -75
WHEREAS, purchase of goods, services and commodities by municipalities is
controlled by State statute; and
WHEREAS, practical application of statutes require some degree of local
clarification; and
WHEREAS, it is not only desirable, but imperative that the City of Mendota
Heights have a clear, written policy on procurement activities to ensure the city is abiding
by all state and local requirements in addition to utilizing cooperative purchasing
opportunities. The policy will provide for a uniform and systematic method in order to
secure the best balance of quantity, quality and price of the city's purchases.
NOW 'THEREFORE BE IT RESOLVED that the attached Purchasing Policy,
dated September 6, 2011 is hereby adopted.
1
Adopted by the City Council of the City of Mendota Heights this sixth day of September
2011.
E
CITY COUNCIL
CITY OF 1 1 1 HEIGHTS
Citywide Policy on Purchasing by City Employees and Authorized Users
City of Mendota Heights Department of Administration CMH -09
Purchasing Policy 9.0
181 PURPOSE
It is the purpose of this and other purchasing policies and procedures to provide
for a uniform and systematic method in the procurement of goods and services
required by the city in order to secure the best balance of quantity, quality and
price. These policies and procedures will define the responsibilities, the
authorities and advice of the purchasing requirements and limitations imposed by
local, state and federal law.
1.2 POLICY
Considerable authority has been delegated to departments and employees to
make purchasing decisions. This requires that employees involved at every step
of the purchasing process take full responsibility for understanding the city's
policies and procedures regarding purchasing and vendor relations. Purchasing
decisions are business decisions made on behalf of the city and therefore should
be made with the utmost consideration for what is in the best interest of the city.
The city should purchase and use materials, products and services that are
economically responsible and reduce resource consumption and waste within
federal, state and local laws. Beyond the conventional purchasing decision -
making process, this policy identifies the need to include economic,
environmental and social factors. These are all components that may be
included to determine what the "best value" is for the city. Purchases should
reflect the general impact on the environment and economic factors: best value,
leveraging our buying power, staff time /labor and technological advances.
1.3 POLICY SCOPE
This policy applies to all purchasing activities within the city. This policy and the
procedures associated with it apply to all city departments, employees and
authorized users and encompass all purchases using city funds providing for the
limitations, exceptions and exemptions described herein.
1.4 AUTHORITY FOR PURCHASING
Purchasing authority for expenditures may be specific or implied. Although it is
usually clear whether a statute includes express statutory authority for an
expenditure, it may be more difficult to determine whether a particular statute
implies authority for an expenditure ~ a decision that requires (and is subject to)
interpretation. Purchasing authority is granted to the employee or authorized
user and is subject to all city purchasing policies and procedures and must be
made in accordance with all federal, state and local laws.
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Citywide Policy on Purchasing by City Employees and Authorized Users
City of Mendota Heights Department of Administration CMH -09
Purchasing Policy 9.0
For the purpose of this policy the individual delegated to make purchases on
behalf of the city will be referred to as the "purchasing agent." The purchasing
agent has the authority to make most purchases pursuant to the requirements
and limitations of the policy and take advantage of savings through bulk
purchasing, systematic procedures, and effective expenditure controls. The
purchasing agent is responsible for ensuring that city purchasing is in
compliance with all procurement laws, rules, policies and procedures.
Purchasing authority is granted to the individual and the delegation may be
rescinded at any time. Failure to comply with these policies and procedures
could result in discipline up to and including termination.
1.5 PRELIMINARY CONSIDERATIONS
1.5.1 New Versus Used
Prior to making a purchase of new products, the purchasing agent should
determine if a used, recycled, repaired, refurbished or remanufactured product
would fulfill the needs of the city.
1.5.2 Cooperative Venture
If the item or service to be purchased is new determine whether the item or
service is currently available through the process of cooperative purchasing.
For purchases estimated to exceed $25,000, the purchasing agent on the behalf
of the city must consider the availability, price, and quality of supplies,
materials, or equipment available through the state cooperative venture before
buying through another source. See Section: 1.6 Cooperative Purchasing
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Revision No: 02- 090699
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Revision No: 02- 090699
Review Date: 0910612092
Author: SLT
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Citywide Policy on Purchasing by City Employees and Authorized Users
City of Mendota Heights Department of Administration CMH -01
Purchasing Policy 1.0
1.6 COOPERATIVE PURCHASING
1.6.1 Cooperative Purchases
In efforts for the city to increase savings the purchasing agent is encouraged to
make purchases jointly with one or more government units through cooperative
purchasing. The city and its purchasing agents are encouraged to be involved in
the joint - powers agreement to profit from these programs.
1.6.2 State Cooperative Purchasing Venture
The city and its purchasing agents are not only encouraged but mandated in
some instances to consider purchasing a variety of equipment, supplies and
services through the state contracts. For all purchases not exceeding $25,000,
in addition to following all procurement laws, rules, policies and procedures, the
purchasing agent is encouraged to consider the availability, price, and quality of
supplies, materials, services or equipment available through the state CPV
(Cooperative Purchasing Venture) before buying through another source. For
purchases estimated to exceed $25,000, the purchasing agent must consider
the availability, price, and quality of supplies, materials, or equipment available
through the state cooperative venture before buying through another source.
For purchases in excess of $25,000 the findings must be documented on the
purchase requisition.
1.6.3 Cooperative Purchasing Agreement versus Competitive Bidding
Competitive quotes and bidding requirements may be waived where the other
government entity has performed the ground work except in the event that the
contract is estimated to cost in excess of $50,000 in which case the city will
follow the guidelines set forth in the uniform municipal contracting law
(competitive bidding law) and utilize the competitive bidding process for certain
contracts. See section: 1.8 Competitive Bidding Requirements
1.7 PURCHASING REQUIREMENTS
1.7.1 General Purchasing Requirements
Whether or not competitive bids are necessary, all normal purchasing (except
purchasing with other price agreements or purchasing that comes out of petty
cash funds) will adhere to the following requirements: Purchasing requirements
allow council to audit all bills for materials, supplies, and services.
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Revision No: 02- 090611
Review Date: 0910612012
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1.6 COOPERATIVE PURCHASING
1.6.1 Cooperative Purchases
In efforts for the city to increase savings the purchasing agent is encouraged to
make purchases jointly with one or more government units through cooperative
purchasing. The city and its purchasing agents are encouraged to be involved in
the joint - powers agreement to profit from these programs.
1.6.2 State Cooperative Purchasing Venture
The city and its purchasing agents are not only encouraged but mandated in
some instances to consider purchasing a variety of equipment, supplies and
services through the state contracts. For all purchases not exceeding $25,000,
in addition to following all procurement laws, rules, policies and procedures, the
purchasing agent is encouraged to consider the availability, price, and quality of
supplies, materials, services or equipment available through the state CPV
(Cooperative Purchasing Venture) before buying through another source. For
purchases estimated to exceed $25,000, the purchasing agent must consider
the availability, price, and quality of supplies, materials, or equipment available
through the state cooperative venture before buying through another source.
For purchases in excess of $25,000 the findings must be documented on the
purchase requisition.
1.6.3 Cooperative Purchasing Agreement versus Competitive Bidding
Competitive quotes and bidding requirements may be waived where the other
government entity has performed the ground work except in the event that the
contract is estimated to cost in excess of $50,000 in which case the city will
follow the guidelines set forth in the uniform municipal contracting law
(competitive bidding law) and utilize the competitive bidding process for certain
contracts. See section: 1.8 Competitive Bidding Requirements
1.7 PURCHASING REQUIREMENTS
1.7.1 General Purchasing Requirements
Whether or not competitive bids are necessary, all normal purchasing (except
purchasing with other price agreements or purchasing that comes out of petty
cash funds) will adhere to the following requirements: Purchasing requirements
allow council to audit all bills for materials, supplies, and services.
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Revision No: 02- 090611
Review Date: 0910612012
45 Author: SLT
Citywide Policy on Purchasing by City Employees and Authorized Users
City of Mendota Heights Department of Administration CMH -01
Purchasing Policy 9.0 -
1.7.2 Obtaining Quotations
A previous quotation may be used if the purchase requisition meets the
following criteria: The total dollar value does not exceed the purchase agent's
delegated authority, the re -order is within six months of the original purchase
requisition order date, the city need is for the exact same items and quantities,
shipping costs remain the same, terms and conditions remain the same as the
original purchase requisition and the prices remain the same, or lower, than the
original purchase requisition. The purchasing agent may contact the vendor to
request pricing, terms and conditions. If agreed upon, the purchasing agent may
issue a purchase requisition without obtaining additional quotes. This reordering
option may occur once in relation to an original order. The original requisition
number should be referenced on the reorder.
1.7.3 Emergencies
Under Minnesota's Emergency Management Act, the city is given authority to
enter into contracts without following normally required procedures. The
governing body may waive compliance with the time- consuming procedures that
concern: the performance of public work, contracting, incurring obligations,
employing temporary workers, renting equipment, purchasing supplies and
materials, limitations on tax levies and the appropriation and expenditure of
public funds (uniform municipal contracting law).
1.7.4 Preparing a Purchase Requisition
The department or person needing the item should prepare a purchase
requisition form. The form should include a description of the product, quantity,
applicable specifications, and any similar information. The form should include
the verification of funds. The form should include the quotes specified in the
format designated by the purchasing requirement outlined below.
1.7.5 Verification of Funds
After submission of the purchase requisition for approval, the delegated
department representative is responsible for verifying whether the budget has
authorized the purchase and if sufficient funds are available.
1.7.6 Cancelling the Purchase Requisition
The delegated department representative should cancel the purchase
requisition if the budget does not allow the purchase or if funds are not
available.
1.7.7 Final Approval Process
After completing these steps proceed to acquire the requested item or service.
The council and /or city administrator must approve unless the person has the
proper authority to make the purchase on behalf of the city council pursuant to
city and state laws and policies.
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Revision No: 02490699
Review Date: 0910612092
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Citywide Policy on Purchasing by City Employees and Authorized Users
City of Mendota Heights Department of Administration CMH -01
Purchasing Policy 1.0
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1.7.8 PURCHASING AT OR BELOW $2,500.00
A minimum of one price quote is required and can be obtained via telephone,
facsimile, in writing, e -mail, and website or at the transaction in a retail store.
Purchasing agent or end user must obtain a price prior to issuing an order. All
purchases at or below $2,500.00 will include verification that the budget has
authorized the purchase and /or sufficient funds are available. All purchases at or
below $2,500.00 will include a purchase requisition signed by the department
representative authorizing the purchase. In the event the purchase was not
authorized in the budget and /or the funds are not available the department
representative will cancel the purchase requisition. Otherwise the purchase
requisition will include the quotes, the verification of funds and documentation of
consideration for any of the following that apply: cooperative purchasing, used
versus new, made in the USA, economic, environmental and social factors.
1.7.9 PURCHASING BETWEEN $2,500.01 AND $51000.00
A minimum of two price quotes are required and can be obtained via telephone,
facsimile, e -mail, website or in writing. Purchasing agent must obtain a firm price
prior to submitting for approval. The responses must be documented on the
purchase requisition. Purchases between $2,500.01 and $5,000.00 will include
verification that the budget has authorized the purchase and /or sufficient funds
are available. All purchases between $2,500.01 and $5,000.00 will include a ("
purchase requisition signed by the department representative authorizing the
purchase. In the event the purchase was not authorized in the budget and /or the
funds are not available the department representative will cancel the purchase
requisition. Otherwise, the purchase requisition will include the quotes, the
verification of funds and documentation of consideration for any of the following
that apply: cooperative purchasing, used versus new, made in the USA,
economic, environmental and social factors. The department representative will
submit the signed purchase requisition, the quotations, the verification of funds
and the considerations to the city administrator for signature and approval.
1.7.10 PURCHASING BETWEEN $5,000.01 AND $253000.00
If the contract is expected to be $25,000.00 or less, the council has discretion to
make the contract by obtaining quotes or it may simply buy or sell the item on the
open market. If the council chooses to obtain quotes, it must obtain at least two
quotes and keep them on file for at least one year. A minimum of two price
quotes are required and should be obtained in writing. The purchasing agent
must obtain a firm price prior to submitting for approval. The responses must be
documented on the purchase requisition. Purchases between $5,000.01 and
$25,000.00 will include verification that the budget has authorized the purchase
and /or sufficient funds are available. All purchases between $5,000.01 and
$25,000.00 will include a purchase requisition signed by the department
representative authorizing the purchase.
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Revision No: 02490611
Review Date: 0910612012
47 Author: SLT
Citywide Policy on Purchasing by City Employees and Authorized Users
City of Mendota Heights Department of Administration CMH -01
Purchasing Policy 1:0
In the event the purchase was not authorized in the budget and /or the funds are
not available the department representative will cancel the purchase requisition.
Otherwise, the purchase requisition will include the quotes, the verification of
funds and documentation of consideration for any of the following; cooperative
purchasing, used versus new, made in the USA, economic, environmental and
social factors. The department representative will submit the signed purchase
requisition, the quotations, the verification of funds and the considerations to the
city administrator. The city administrator will submit the purchase
recommendation to the city council. Upon approval of the city council, the city
administrator will sign the purchase requisition.
1.7.11 PURCHASING BETWEEN $25,000.01 AND $501000.00
If the contract cost is expected to exceed $25,000.00 but not to exceed
$50,000.00, the city can choose to use either the competitive bidding process or
make the contract by direct negotiation. If direct negotiation is used, the city must
get at least two quotations and keep them on file for at least one year. For
purchases estimated to exceed $25,000.00 the city is mandated by law to
consider the availability, price, and quality of supplies, materials, or equipment
available through the state cooperative purchasing venture before buying through
another source. A minimum of two price quotes are required if the state
cooperative purchasing venture can not be utilized. The price quotations should
be obtained in writing. The purchasing agent must obtain a firm price prior to
submitting for approval. The responses must be included and be documented on
the purchase requisition. Purchases between $25,000.01 and $50,000.00 will
include verification that the budget has authorized the purchase and /or sufficient
funds are available. All purchases between $25,000.01 and $50,000.00 will
include a purchase requisition signed by the department representative
authorizing the purchase. In the event the purchase was not authorized in the
budget and /or the funds are not available the department representative will
cancel the purchase requisition. Otherwise, the purchase requisition will include
the quotes, the verification of funds and documentation of consideration for any
of the following; cooperative purchasing, used versus new, made in the USA,
economic, environmental and social factors. The department representative will
submit the signed purchase requisition, the quotations, the verification of funds
and the considerations to the city administrator. The city administrator will submit
the purchase recommendation to the city council. Upon approval of the city
council, the city administrator will sign the purchase requisition.
1.7.12 PURCHASING EXCEEDING $50,000,00
The city will use the competitive bidding process in compliance with the uniform
municipal contracting law for certain contracts estimated to cost over $50,000.00.
The competitive bidding law applies to: contracts for sale, purchase, or rental of
supplies, materials, or equipment, contracts for the construction, alteration,
repair, or maintenance of real or personal property.
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Revision No: 02- 090611
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Citywide Policy on Purchasing by City Employees and Authorized Users
City of Mendota Heights Department of Administration CMH -01
Purchasing Policy 1.0
The city administrator along with the department representative(s) will be
responsible for preparing the necessary specifications. The city administrator will
present them to the city council for review and approval. The council should seek
competitive bids. Council will set a date and time for bid results to be opened and
a date for council consideration. The results will be tabulated, presented to
council with a recommendation for bid award. Upon award by the council the city
administrator will sign the purchase requisition.
1 .8 COMPETITVE BIDDING REQUIREMENTS
The uniform municipal contracting law (competitive bidding law) guidelines will be
followed and the competitive bidding process utilized for certain contracts
estimated to cost over $50,000.00. The competitive bidding law applies to:
contracts for the sale, purchase, or rental of supplies, materials, or equipment,
contracts for the construction, alteration, repair, or maintenance of real or
personal property. The city administrator along with the department
representative(s) will be responsible for preparing the necessary specifications.
The city administrator will present them to the council for review and approval.
The council should seek competitive bids. Council will set a date and time for bid
results to be opened and a date for council consideration. The results will be
tabulated, presented to council with a recommendation for bid award. Upon
award by the council the city administrator will sign the purchase requisition.
Please refer to Competitive Bidding Procedures.
1.9 EXEMPTIONS
In the absence of a statutory requirement, it is not necessary for the city to
advertise for bids. The city may choose to advertise for bids, however, even if the
law does not require them to do so. The city is not required by statute to follow
the competitive bidding process for the following contracts.
1. Professional services: The city is not required to follow the competitive bidding
process when contracting for professional services, such as those of doctors,
engineers, lawyers, architects, and accountants as well as other services
requiring technical, scientific or professional training.
2. Insurance contracts: The city is not required to follow the competitive bidding
process for insurance contracts. The city must, however, seek requests for
proposals for group insurance for 25 or more employees.
3. Electronic reverse - auction procedure: The city is not required to follow the
competitive bidding process for the electronic purchase of supplies, materials, or
equipment. Electronic reverse auctions differ from a traditional auction in that
vendors bid against each other to offer the lowest selling price for a particular
contract in an open and interactive electronic environment. The city is prohibited
from using a reverse - auction procedure to contract for professional or technical
services.
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Revision No: 02- 090611
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Citywide Policy on Purchasing by City Employees and Authorized Users
City of Mendota Heights Department of Administration CMH -01
Purchasing Policy 1.0
4. Purchases from other government agencies: The city does not need to comply
with competitive bidding requirements when purchasing property or equipment
from the national government, the state, or any political subdivision of the state.
The council may, by resolution, authorize any of its officers or employees to enter
a bid for the city at any sale of equipment, supplies, materials, or other property.
The council may authorize an officer or employee to make a down payment or a
payment in full, if necessary, in connection with the bidding.
5. Real estate: The city is not required to follow the competitive bidding process
for the purchase, lease, or sale of real estate.
1.10 PRICE AGREEMENTS
The city may use price agreements to acquire items frequently purchased in
small quantities. For example, gasoline, office supplies and auto parts under
price agreements. A price agreement is a contract between the city and a
merchant. Under the agreement, the merchant agrees to supply all the city's
requirements for the specified commodities during the period of the agreement.
The price may be fixed or variable, such as a set discount off of the market price.
The city usually estimates its probable needs even though it is not obligated to
purchase any definite quantity. Price agreements expedite delivery, reduce paper
work, and generally result in lower prices. The city may then make purchases as
the need arises. Depending on the commodity and the frequency of purchases,
the council may or may not require separate requisition forms. Although the
purchasing requirements may be circumvented the approvals and verification of
funds are still a requirement for price agreements.
1.11 USE OF CREDIT CARDS
City council may authorize the use of a credit card by any city officer or employee
otherwise authorized to make a purchase on behalf of the city. A purchase by
credit card must comply with all statutes, rules, and city policies applicable to city
purchases. If a city employee makes or directs a purchase by credit card that is
not approved by the council, the employee is personally liable for the amount of
the purchase and may be subject to discipline.
1.12 CONFLICT OF INTEREST
1.12.1 Conflict of Interest - Employee
No employee will participate directly or indirectly in a procurement when the
employee knows that the employee or any member of the employee's immediate
family has a financial interest to the procurement; when a business or
organization in which the employee; or any member of the employee's immediate
family, has a financial interest pertaining to the procurement; or when any other
person, business or organization with whom the employee or any member of the
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Revision No: 02- 090611
Review Date: 0910612012
Author: SLT
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Citywide Policy on Purchasing by City Employees and Authorized Users
City of Mendota Heights Department of Administration CMH -01
Purchasing Policy 1.0
employee's immediate family is negotiating or has an arrangement concerning
prospective employment is involved in the procurement. Upon discovery of an
actual or potential conflict of interest, an employee shall promptly file a written
statement of disqualification and shall withdraw from any further participation in
the transaction involved.
1.12.2 Conflict of Interest - City Official
No city official, elected or appointed, will participate directly or indirectly in any
contract that the council makes. City officials elected or appointed, may not have
a personal financial interest in a contract or procurement. This prohibition
applies whether the official actually votes on a contract or not. There are limited
exceptions to this prohibition. City council should seek advice from the city
attorney before entering into any contract in which a council member or any other
city official will have a financial interest. A public officer who violates the conflict
of interest law is guilty of a gross misdemeanor and can be fined up to $3,000
and imprisoned up to one year. In addition, the other members of the council who
knowingly authorized the unlawful contract may also be subject to criminal
penalties. Furthermore, contracts that violate these statutes are generally void.
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