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HomeMy WebLinkAboutCouncil Workshop Minutes 05.08.2018MINUTES COUNCIL WORKSHOP MAY 8, 2018 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Mayor Tom Nelson at 6:30 p.m. on May 8, 2018. Emelie Eaton _x Heidi Sparks x Bruce McGee x Richard Herr _ Scot Stokes x Iry Wilke x Richard Klose x Bill Mountsier OTHERS PRESENT: Matt Wheeler, Maintenance Superintendent Kurt Markegard, Public Works Director Rick Musson, Chief of Police Nancy Schmidt, Library Director Public Input Karl Dan Koch, 320 Colorado Avenue, spoke regarding the handicap parking located near the Sports Complex. Requested the City explore the option of angled parking within the handicap parking lot. Mayor Nelson stated he would follow up on this issue and report back to Council. General Items There were none. Executive Review • Poppy Proclamation The poppy tradition started after World War 1. Poppy's are symbolic of the bloodshed during the war. The American Legion Axillary distributes poppies the Friday before Memorial Day, this year this day will be May 25th. The poppies are funded by donations. • Resolution — A resolution of intent to adopt an official Schedule of Fees and Charges for the City of Laurel, repealing all previous resolutions that set fees or charges that conflict with the schedule attached hereto upon its effective date. Council requested the copy that shows the changes made to the document; their packets included the copy that showed what the final document would look like. This item was moved to later in the meeting to accommodate the printing of that version of the document. Mayor Nelson gave a brief overview of what the Schedule of Fees and Charges is used for and why the City goes through this process on a regular basis. • Resolution — A resolution of the City Council authorizing the Mayor to sign an addendum to the existing Mutual Aid Agreement for firefighting agencies throughout Yellowstone County. Council Workshop Minutes of May 8, 2018 This is a Mutual Aid Agreement for all firefighting agencies within Yellowstone County to assist one another in the event of an emergency. There were no changes made from what the City signed last year. It was questioned if this document states how Laurel will assist Park City; it was questioned if there is a separate document stating how Park City will assist Laurel. Mayor Nelson clarified that this question is for the following resolution discussing the Mutual Aid Agreement between Laurel and Park City. The resolution being discussed is in regards to Yellowstone County only. Mayor Nelson stated that he was unsure and look into that further. • Resolution — A resolution of intent to adopt an official Schedule of Fees and charges for the City of Laurel repealing all previous resolutions that set fees or charges that conflict with the schedule attached hereto upon its effective date. (Continued) Upon the distribution of the copy that showed all changes made to the document, discussion continued from the previous agenda item. Council took a brief moment to look over the document. The document with proposed changes is attached to these minutes. It was questioned why the camping fees for Riverside Park were left in the document. It was also questioned if these fees remained in the Schedule of Fees and Charges because the Riverside Park Master Plan does call for camping to resume in the Park. Correct, once construction begins on the campground the Park Board will look at those fees to ensure that the fees are appropriate. At this time the fee is for future use. It was questioned if the fee listed for the Advanced EMT class was correct. The fee is correct. Due to the confusing nature of how track changes are made to the document, it was not clear that the current fee is $1,200. The Administrative Assistant clarified to the Mayor that the current fee is $1,200 and the proposed fee is $1,500. It was questioned if our Ambulance carries the drug used to reverse an opioid overdose (Narcan). Yes, the Ambulance does carry Narcan (Naloxone). It is listed on the Schedule of Fees and Charges. It was questioned if the City's Police Officers carry Narcan. Chief Musson, stated that currently, the City's Police Officers are not carrying Narcan on them. There is a grant program and training program through AMR. Chief Musson is working on this program for the City's Police Officers. It was questioned if pool fees are listed on the Schedule of Fees and Charges. Those fees are not listed in the Schedule of Fees and Charges. Those fees were removed and are done separately. • Resolution — A resolution of the City Council authorizing the Mayor to sign a mutual aid agreement for fire protection between the City of Laurel and the Park City Fire District. 2 Council Workshop Minutes of May 8, 2018 This is the same agreement the City signed last year. It was questioned why the City doesn't have mutual aid agreements with towns such as Joliet. Mayor Nelson stated he would look into this and report back to Council. a Council Issues: o Update on 2011 Yellowstone River flooding event As reported to Council a few weeks ago, there were some flow issues with the new intake. Using a backwash technique they were able to clear some of the screens. However, the rivers turbidities increased, and the flow decreased again. A company was brought in to use a camera to look inside the intake and were unable to see inside the lines. The operators will try using a backwash with water to try and clear the screens out. With the river being higher than normal it is not possible to see the intake through the turbidities. The required survey of the wetlands has been completed. They will meet with the Army Corps of Engineering in June to discuss if the City took away or added wetlands. It was questioned what the plan is to remove the rock weir. The City received an extension until September 2018 to remove the weir. The City will need to wait until the water is low to safely have the weir removed. o Purchasing Policy Discussion Council Member McGee read the attached statement to Council. Mayor Nelson invited Department Heads to speak to Council regarding the obstacles they have encountered prior to the current purchasing policy. Council Packets included a copy of each of the City Attorney's clarification emails, the current Purchase and Procurement Policy, and a copy of the City of Billings Purchasing Procedures. All of which are attached to these minutes. Police Chief Musson spoke regarding how his department is run. He reiterated that his department does not use multiple purchase orders to circumvent the system. Through the years Department Heads have seen many different limits set to their spending. He about spoke the difficulties he as a Department Head has run into with the various spending caps. Each year Department Heads submit their budgets to the Mayor and Council for approval. Each year Department Heads are expected to keep their Department's on budget. By reducing the Department Heads spending limit, it would require access to an authorized signer on a consistent basis. Chief Musson over the course of his career has seen spending cap as low as $100 and as high as $5,000. He feels the current spending cap of $1,000 is fair and should not limit his ability to do his job. Kurt Markegard, Public Works Director, spoke regarding the difficulties of getting approval which a lower spending cap. The Chief Administrative Officer helped streamline this process. He gave an example of a pressurized sewer leak on East Main. There was difficulty in getting a small service contract processed with staff out at training. East Main is a State highway and needed to be opened in a timely manner. Changing the purchasing policy could lengthen the time needed to obtain approval and cause further issues. He gave further examples such as a tire repair or purchasing water meters in a larger quantity such as those purchased for the 12-plex on 8`" Avenue. He reassured Council that his 3 Council Workshop Minutes of May 8, 2018 department is mindful of the bottom dollar, as an example when there is a water main break his department works to remedy the issue as soon as possible so as not to cause additional damage to the streets, curbs or gutters. While he agreed the current spending caps are fair, he also agreed there is always room for improvement. Nancy Schmidt, Library Director, spoke regarding the process she goes through to spend funds. Unlike other departments, she takes both her budget and expenditures to the Library Board. Reducing the Department Head spending limit would significantly increase the approval time for Library purchases. She spoke to the obstacles she would face as a Department Head if the spending cap was reduced. She understood Council's need to review expenditures but requested that Council not tie their hands in the process. Council Member McGee clarified his earlier statement. There have been two abuses that have become evident, one being multiple purchase orders and the second being not getting prior approval before spending over the allotted spending cap. He does not want to take away the spending ability of the Department Heads or hinder their ability to run the day to day operation of the City. The issue arose from the email handed out by the Mayor from the City Attorney. There are a few items that need to be clarified in the Purchase and Procurement Policy. The first area of clarification is that there should be no double Purchase Orders (PO). (A double PO is when expenditure is split between two PO's to make each be below the spending cap and therefore not require additional approval as per the Purchase and Procurement Policy.) The second area of clarification is procurement over $5,000 needs advanced planning. The third area of clarification is the spending cap of $5,000, this is a large spending cap and could be discussed further. All known loopholes should be closed and appropriate clarifications made. He reiterated that Council should be able to repeal and replace the current Purchasing and Procurement Policy as not to affect the day to day of the City. Council Member Eaton gave background on how this issue came about. There was a charge under $1,000 that Budget/Finance Committee questioned what the purchase was about. The current Mayor sat on Budget/Finance Committee during the previous term. On occasion, there were questions regarding what purchase was, and there were no issues. On one occasion, in recent years, had Budget/Finance Committee held a claim from the Consent Agenda for further information. On this occasion, there was an objection to the fact that the Budget/Finance Committee was questioning a purchase. The Mayor felt that the Budget/Finance Committee was questioning his authority to grant a purchase. She clarified that Budget/Finance Committee was not questioning his authority to grant the purchase, but rather asking for clarification on why this purchase was made. After two memos from the City Attorney, Budget/Finance Committee's resolve was to bring any questions to full Council, separate claims from the Consent Agenda and discuss under the agenda item "Separate of Consent Agenda." Once this became an issue, the thought of rewriting the Purchase and Procurement Policy was brought forward to Council to have further discussion. She questioned the checks and balances on items approved by the Mayor. Mayor Nelson served on Budget/Finance Committee for four years, there were no changes until recently. He had explained why he had authorized the purchase of a dress uniform for the Fire Chief in Budget/Finance Committee. Budget/Finance Committee were told the Fire Chief already had a dress uniform, the Clerk/Treasurer brought this to their attention. Mayor Nelson stated that was false. There has been issues with the Fire Department spending in the past, such as the double PO mentioned earlier. He stated that the previous CAO was instrumental in hiring the current Clerk/Treasurer, which is the Mayor's charge. He stated that there are many things that have gone on rd Council Workshop Minutes of May 8, 2018 that were not right. The Budget/Finance Committee was advised that they should rescind the Fire Departments spending authority. There was a memo stating all Fire Department spending needed to go through Budget/Finance. Mayor Nelson stated he did not agree, but felt he had no recourse in voicing his objections. He felt that the matter should have been dealt with by the previous Mayor and not by Budget/Finance Committee. Budget/Finance cannot restrict the spending authority passed via the Purchasing and Procurement Policy. He stated this is illegal. Mayor Nelson spoke with the City Attorney regarding the restrictions placed on the Fire Department. The City Attorney wrote an opinion on how Budget/Finance should conduct themselves. Mayor Nelson did request all Department Heads to reduce their budgets by ten percent for the next Fiscal Year. He clarified that he is the supervisor for all Department Heads, and will be sending out an email stated PO's for the same product within the same week will not be allowed. He was off put that what they were instructed to do in Budget/Finance was illegal. The City needs to be operating within the scope of the City Charter, LMC, and legally. Budget/Finance Committee is responsible for purchases from $5,000 to $80,000. Full City Council is responsible for any purchase above $80,000. Budget/Finance Committee felt they had the ability to pull any claim for any dollar amount, the Mayor disagreed and asked for clarification. The Mayor agreed that the policy does need tweaking to sure up all found loopholes. However, he does not agree that spending caps should be adjusted. The Mayor apologies if he had offended anyone in the way he went about clarifying this issue. He stated he did have issues with what Budget/Finance Committee had been told, and to find out that it was not only incorrect but illegal caused great concern. The Mayor does seek the legal advice of our City Attorney, and tries to minimize the risk of being sued. The Mayor stated that when the next CAO is hired they will work closely with the Mayor and will not look like it did before. The Mayor spoke to the various tasks that are on his plate and what he is doing to be proactive on various issues. Council Member McGee read a portion of the City Attorney's clarification memos; both memos are attached to these minutes. He does not understand why asking for simple changes to the Purchasing and Procurement Policy are beyond the Councils authority. He spoke to the fact that trusting others to adhere to the policy when there are known loopholes is an issue. He spoke to Council being held responsible for the warrants against the City, but Budget/Finance not having the ability to say or doing anything about those under $5,000. He stated he would continue to bring this topic forward until a satisfactory solution was brought forward. Mayor Nelson stated that this topic will be on the next Council Workshop Agenda and that the Mayor would ensure the City Attorney would be present. He reiterated that Budget/Finance Committee has not changed, but that they were told they could do anything and that is not true. Council Member Eaton questioned if the purpose of the Budget/Finance Committee is for checks and balances and to review expenditures of the City. Mayor Nelson responded yes, that he had known about all the expenses of the City as he signs each check. He listed all the purchase requisitions that Budget/Finance had approved this calendar year. He spoke regarding not knowing where to go when he did not agree with what Budget/Finance was being told. In hindsight, he should have asked for Council discussion on the topic. Matt Wheeler, Maintenance Superintendent, spoke to being unaware that only Department Heads could sign PO's. Public Works Department has a large volume of PO's every week, and he signs them. Council Workshop Minutes of May 8, 2018 Mayor Nelson reiterated that he has requested Department Heads reduce their budgets by 10% for this next Fiscal Year. He reiterated that he is trying to save money where he is able to. Other Items None. Review of Draft Council Agenda for May 15, 2018 There were no changes. Attendance at the May 15, 2018, Council Meeting All will be in attendance at next week's meeting. Announcements It was requested for Council to discuss at the next Council Workshop West Railroad, and the use of urban funds to replace it. Cemetery Board will meet on May 22nd at 5:00 p.m. in Council Chambers. Council Member Sparks encouraged Council to close known loopholes in the Purchasing and Procurement Policy. She reiterated that it is not about the ability to trust the Department Heads, but rather make sure the loopholes are closed, so someone does not have the ability to abuse the system. The Council field trip to the Water plant is scheduled for May 22nd at 6 p.m. meet at City Hall. There will be a delay in this meetings minutes, as the Administrative Assistant has been in training most of this week and will be out of the office next week. Recognition of Employees • Cynthia Caswell 3 years on May 11th WWTP • Andrew Arneson 1 year on May 22nd Public Works • Karen Courtney 1 year on May 22nd Public Works The council workshop adjourned at 7:37 p.m. Respectfully submitted, Brittney norma Administrati ssistant NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. n 20186• Schedule of Fees and Charges n� n6/05/2018 Resolution No. R16 -47M - Page 1 of 10 CITY OF LAUREL SCHEDULE OF FEES AND CHARGES As OF TUESDAY, JUNE 512018 2, 2016/ RESOLUTION NO. R18- 642, Administrative. Citv Attornev and Court Fees and Charles (except Libra ReturnedCheck................................................................................................................................$30.00 Document Photocopying First3 pages.......................................................................................................................... No Charge Copies in excess of 3 pages - per page...................................................................................... $0.25 Research City Records (Per Hour).....................................................................................................$30.00 Video Tape or DVD Copy............................................................................................... First Copy $25.00 ........................................................................................................... Each Additional Copy $5.00 Dog License Fees and Renewals before April 1 (must be renewed each year) SpayedFemale/Neutered Male................................................................................................$10.00 Un -spayed Female/Un-neutered Male......................................................................................$15.00 DogImpound Fee.............................................................................................................................$25.00 Dog License Renewals after April 1 DogBoarding Fee - Per Day.............................................................................................................$10.00 SpayedFemale/Neutered Male................................................................................................$20.00 FingerPrinting - 1 card.....................................................................................................................$10.00 Un -spayed Female/Un-neutered...............................................................................................$30.00 FingerPrinting - 2 cards...................................................................................................................$15.00 Dog Kennel before April 1 (must be renewed each year) Non-Commercial.................................................................................................................... $50.00 Commercial............................................................................................................................$75.00 Business License General.................................................................................................................................... $75.00 Beer and/or Wine License......................................................................................................$200.00 ThreeApartments....................................................................................................................$30.00 FourApartments......................................................................................................................$40.00 Five or more Apartments.........................................................................................................$75.00 PawnShop............................................................................................................................$100.00 Utilities.................................................................................................................................$300.00 Amusement Machines..............................................................................................................$50.00 LiveMusic..............................................................................................................................$50.00 Junk......................................................................................................................................... $50.00 LiquorLicense.......................................................................................................................$406.00 Franchises.............................................................................................................................$300.00 Sexually Oriented Business....................................................................................................$500.00 Police Department Fees and Charges Case Report Copy - One Page Report................................................................................................ $5.00 Case Report Copy - Two or More Pages...........................................................................................$25.00 Vehicle Accident Report Copy........................................................................................................... $5.00 Video Tape or DVD Copy............................................................................................... First Copy $25.00 ........................................................................................................... Each Additional Copy $5.00 AudioTape Copy..............................................................................................................................$25.00 VehicleImpound - Per Day..............................................................................................................$25.00 DogImpound Fee.............................................................................................................................$25.00 DogBoarding Fee - Per Day.............................................................................................................$10.00 FingerPrinting - 1 card.....................................................................................................................$10.00 FingerPrinting - 2 cards...................................................................................................................$15.00 Fire Department Fees and Charges Incident Report (NFIRS Copy)..........................................................................................................$30.00 Photograph Copies Color (35mm) Prints Cost of Processing + $25.00 Photograph Copies - Enlargements.................................................................. Cost of Processing + $25.00 20186 Schedule of Fees and Charges nein on,6/0 /2018 Resolution No. R1612 - Page 2 of 10 Photograph Copies - Digital (Copy of Disk)......................................................................................$35.00 Fire Suppression Fees Charged to Non -Residents or for Code or Ordinance Violations BasicBase Rate..............................................................................................................................$900.00 Base Rate for First Hour of Response for working fires, rescue operations, hazmat or largescale incidents............................................................................................................$1,100.00 Base Rate for Service Assist Calls or Minor Calls.............................................................$700.00 Foreach Fireman.....................................................................................................................$20.00/hour Base Rate for Assist and Investigate.......................................................................................$200.00/hour $12044.00 Rates for Additional Hours after the First Hour of Any Response (Time calculated from time of response to return to service.) EKGSupplies..........................................................................................................................$50.00 Engine#1..............................................................................................................................$250.00 WaitTime...............................................................................................................................$45.00 Engine#2..............................................................................................................................$250.00 ExtraAttendant........................................................................................................................$45.00 Engine94..............................................................................................................................$200.00 DOATransport ......................................................................................................................$150.00 Sguad5.................................................................................................................................. $250.00 Tender#1................................................................................................................................$75.00 Tender#2................................................................................................................................$75.00 Support#1...............................................................................................................................$75.00 Command1...........................................................................................................................$100.00 Command2...........................................................................................................................$100.00 $20.00 Brush#1................................................................................................................................$100.00 SpinalImmobilization..............................................................................................................$50.00 Brush#2................................................................................................................................ $100.00 Brush#3................................................................................................................................ $100.00 Brush#5................................................................................................................................ Engine 2071 $100.00 $1 Q Q. 04 .................... Business inspection within jurisdiction - marketing fireworks, firecrackers and other pyrotechnics $200.00 False Fire Alarms (per year) First........................................................................................................................................Free Second................................................................................................................................... $100.00 Third..................................................................................................................................... $200.00 Fourth+................................................................................................................................ $300.00 Fire Extinguisher Training 10 Students............................................................................................................................$150.00 -Additional per student.......................................................................................................$15.00 Ambulance Service Fees ParamedicBase Rate............................................................................................................ $1.200854.00 BasicBase Rate..............................................................................................................................$900.00 Mileage with Patient (per mile).......................................................................................................$173.00 Other Charges TreatOnly........................................................................................................................... $8073.00 BasicLS Disposable Supplies............................................................................................. $12044.00 ParamedicAL-S-Disposable Supplies....................................................................................$1730.00 13 5 Defibrillates Supplies.................................................. $1:75.00 A69 -Defibrillator Supplies................................................................................................... $200.00 EKGSupplies..........................................................................................................................$50.00 WaitTime...............................................................................................................................$45.00 ExtraAttendant........................................................................................................................$45.00 DOATransport ......................................................................................................................$150.00 Stand -By Rate (per Hour)....................................................................................................$8073.00 Nebulizer.................................................................................................................................$20.00 Decontamination of Ambulance...............................................................................................$70.00 IVSupplies..............................................................................................................................$50.00 Glucometer.............................................................................................................................. $20.00 PluseOx..................................................................................................................................$20.00 SpinalImmobilization..............................................................................................................$50.00 20186- Schedule of Fees and Charges n� ink iron, 6/05/2018 Resolution No. R16 -1 -28 - Page 3 of 10 Splinting..................................................................................................................................$25.00 Supraglottic Airway (BVM/King)............................................................................................$75.00 SuctionKit..............................................................................................................................$15.00 IntraosseousKit (IO).............................................................................................................$200.00 WoundCare............................................................................................................................$20.00 Pelvic Splint (any size)..........................................................................................................$100.00 BurnKit..................................................................................................................................$50.00 Medication Charges AlbuterolNeb 5mg..................................................................................................................$15.00 Aspirin..................................................................................................................................$1910.00 BenadrylTab 25mg.................................................................................................................$15.00 D5WSolution......................................................................................................................$204-S.00 D10W Solution per 1000 ml....................................................................................................$25.00 D50WSolution........................................................................................................................$25.00 Epinephrine Injector Adult.....................................................................................................$300.00 Epinephrine Iniector Pediatric................................................................................................$400.00 Epl+inephrine 1 mg/ml.............................................................................................................$30.00 Glucagon1 mg................................................................................................................. $400359.00 OralGlucose 30g................................................................................................................. $15.00 Morphine Sulfate per 10 mg.....................................................................................................$30.00 Narcan (Naloxone) per 2 mg..................................................................................................$559.00 NSSolution 500cc...................................................................................................................$30.00 NSSolution 1000cc.................................................................................................................$60.00 NitroTab.................................................................................................................................$20.00 Oxygen....................................................................................................................................$80.00 HumidifiedOxygen.................................................................................................................$90.00 Ondansetron (Zolfran) Injectible per 4 mg...............................................................................$15.00 Ondansetron (Zolfran) oral per 4 ing......................................................................................... $2.00 -Solu-Medrol 125 mg...............................................................................................................$20.00 Thiamine200 mg.....................................................................................................................$25.00 Nitrous Oxide Administration................................................................................................$350.00 Diphenhydramine Injectable 50 mg..........................................................................................$10.00 Impratropium Bromide Inhalant 2.5 ml..................................................................................... $5.00 Solu-Cortef 100 mg.................................................................................................................Q$+7n5.00 Pull Ox 420.n00 .............................................................. .................................................................. Spinal..................................................................................................................$50.00 Splinting ...................$2T00 ............. __................................................................................................................................ W . inti-aesseeussKit (10)$150 nn �C—are............................................................................................................................$20 nn HumidifiedOxygen .................................................................................................................$90 nn EMT Class (plus the cost of books and testing)...............................................................................$550.00 Advanced EMT Class (plus the cost of books and testing).......................................................... $1,5200.00 Water Rates & Charges See current resolution (Resolution No. RI I-110). Raw (untreated) Water: Base rate as per meter size, plus $0.40/1000 gallons. System Development Fees (Based on Line Size): 3/ Inch................................................................................................................................ $1,500.00 1 Inch................................................................................................................................. $2,685.00 1'/ Inch.............................................................................................................................. $4,170.00 20186- Schedule of Fees and Charges 1606/05/2018 Resolution No. R16 -1 -M - Page 4 of 10 1'/z Inch..............................................................................................................................$6,000.00 2 Inch............................................................................................................................... $10,710.00 3 Inch............................................................................................................................... $24,000.00 4 Inch............................................................................................................................... $42,855.00 Connections to the water system with meters larger than 4 inches or when the unique usage characteristics of a large water user may require, the City will determine the system development fee at that time if the City can provide the service as requested. Curb Box Repair Insurance Fee: $1.00/month per water account. Utilitv Hook -Up Fees: Water Tapping — Two Inches or Less..............................................................................................$200.00 Water Tapping — Greater Than Two Inches................................................................................. Fee x 1.25 Labor/Operator Rate Per Hour...........................................................................................................$40.00 HeavyEquipment Rate Per Hour.......................................................................................................$75.00 Other Fees for Repairs. etc.: Frozen or Damaged Meter ............................................... Replacement meter or meter parts cost plus 25% Plus the Labor/Operator Rate Per Hour.................................................................................$40.00 OR overtime hourly rate if called out after hours...................................................................$90.00 Hydrant meter rental............................................................................. $476.00/month prorated plus the total usage Utilitv Billing Fees and Deposits: New Accounts or Re -Establishing an Account...................................................................................$25.00 Restoring Service to a Delinquent Account........................................................................................$50.00 Deposit for New Meter Accounts, No Service in Previous Year .......................................................$150.00 Charge for check returned by bank as unpaid.....................................................................................$30.00 Wastewater Rates & Charges See current resolution (Resolution No. RI I-110). Septic dump fee ..................................... $40.00/minimum up to 1,000 gallons plus $0.04/gallon thereafter; (Resolution No. R15-96)............................................................................. $40.00 cleanup fee for spillage Svstem Development Fees System Development Fees (Based on Line Size) — Sewer Residential Eachhousing unit..............................................................................................................$1,000.00 Duplex = 2 units; Triplex = 3 units; Four-plex = 4 units; Etc. Commercial - Based on water meter size; Includes Subdivisions for Rent or Lease 3/ Inch................................................................................................................................ $1,000.00 1 Inch................................................................................................................................. $1,790.00 1'/ Inch..............................................................................................................................$2,780.00 1 %z Inch.............................................................................................................................. $4,000.00 2 Inch................................................................................................................................. $7,140.00 3 Inch............................................................................................................................... $16,000.00 4 Inch............................................................................................................................... $28,570.00 Connections to the wastewater system with water meters larger than 4 inches or when the unique usage characteristics of a large water user may require, the City will determine the system development fee at that time if the City can provide the service as requested. 20186- Schedule of Fees and Charges X06/05/2018 Resolution No. R16 -148 - Page 5 of 10 Solid Waste Fees and Charles See current resolution (Resolution No. R14-34). (Resolution No. R15-101) (4) Multiple Containers. Non-residential users who use multiple containers shall be assigned a volume of use variable for each container used. Roll Off Container Set / Reset................................................................................................... $30.00 RollOff Container Haul.......................................................................................................... $150.00 Roll Off Container Cost per Ton........................................................Current City of Billings' landfill rates Replacement Waste Container (due to negligence)........................................................... Cost x $1.50 AllTires....................................................................................................................................... $5.00/tire Container Site Waste - Business and Non -City Residents and/or City Residents that do not use City Solid Waste Services Minimum.......................................................................................................................... $5.00 PerCubic Yard................................................................................................................ $10.00 Non -Residential Garbage Disposal Rate Schedule See current resolution. Park and Recreation Fees and Charges ShelterReservation...........................................................................................................................$40.00 SpecialEvents in Parks.....................................................................................................................$50.00/one day ........................................................................................................................................... $75.00/two days YouthSports in Parks.............................................................................................................No Charge Riverside Park Camping Fees With water and electricity................................................................................................... $20.00 per night Withno water..................................................................................................................... $15.00 per night Tentcamping...................................................................................................................... $12.00 per night Library PhotocopyFees (per page)................................................................................................................. $0.10 Printer Fees Blackand White (per page)....................................................................................................... Q$0.10 Geier(pr- on � li-im-e ei inlc iused`..........................................................UP �M0v Lost or Damaged Book .............................................. Cost- 3 Library Cards for Non -Residents For Three Months (Minimum)..................................................................................No Charge$5-.04 PerYear................................................................................................................. No Charge$$24.04 Interlibrary Loan Postage (per item)................................................................................................... $2.00 After 3 Community Room Use during library hours................................................................................................................ $3.00/hour Use after hours (per hour or any portion of an hour).................................................................$30.00 Refundable Cleaning Deposit...................................................................................................$30.00 Library Card Replacement Fee (per Card).......................................................................................... $2.00 FaxFees (per page)............................................................................................................................ $0.25 Send ................................................................................................................................................. $0.10 Receive Cemetery Fees (Please Note: Cemetery caretaker must be present at all interments.) (Please Note: Burials are not permitted on Sundays, holidays or Saturday afternoons.) City Residents FullGrave.............................................................................................................................$350.00 20186 -Schedule of Fees and Charges nein 6/05/2018 Resolution No. R164 -$- Page 6 of 10 BabyGrave.......................................................................................................................... $200.00 Non -Residents FullGrave.............................................................................................................................$500.00 BabyGrave.......................................................................................................................... $250.00 Opening and Closing FullGrave.............................................................................................................................$280.00 Full Grave on Saturday mornings...........................................................................................$380.00 BabyGrave.......................................................................................................................... $200.00 Baby Grave on Saturday mornings........................................................................................ $250.00 Cremation........................................................................................................... ................... $150.00 Cremation on Saturday inornings...........................................................................................$200.00 Two Cremations on single plot..............................................................................................$225.00 Two Cremations on single plot on Saturdays........................................................................$ 300.00 Set Cremation Urn at existing Headstones.........................................................................................$10.00 Private Sale of any plot (transfer processing fee)...............................................................................$25.00 Disinterment fee for a full burial.....................................................................................................$300.00 Disinterment fee for cremains..........................................................................................................$225.00 20186 -Schedule of Fees and Charges 0242f2016 6/05/2018 Resolution No. R16 -1 -M - Page 7 of 10 Planning Pees ZoneChange...................................................................................................................... $1,100.00 + $25.00/acre Site Plan Review Fee Residential............................................................................................................................. $ 55.00 Commercial.......................................................................................................................... $325.00 All Zone Change Applications resubmitted within 1 year of a withdrawal request made after the legal advertising............................................................ $550.00 Conditional Use Application (Residential)...................................................................................... $550.00 Conditional Use Application (Commercial)................................................................................. $1,100.00 SpecialReview.............................................................................................................................. $325.00 All Special Review Applications resubmitted within one year of a withdrawal request made after the legal advertising ............................................................ $550.00 Annexation into the City of Laurel (80 acres or less).............................................................. $300.00 + $25.00/acre Annexation into the City of Laurel (81 acres or more)............................................................ $300.00 + $35.00/acre HorneOccupations.......................................................................................................................... $ 75.00 Planned Unit Development (PUD) Concept Plan............................................................................ $550.00 Planned Unit Development (PUD) Preliminary Plan............................................................ $1,100.00 + $25.00/unit Planned Unit Development (PUD) Final Plan................................................................................. $550.00 TemporaryUse Permit................................................................................................................... $325.00 Vacationof Street or Alley............................................................................................................. $110.00 VarianceCommercial................................................................................................................... $1,100.00 VarianceResidential.......................................................................................................................$500.00 All Variance Applications resubmitted within one year of a withdrawal request made after the legal advertising .............................................................$500.00 Subdivision Application Fees Pre-Application.............................................................................. Preliminary Plat Major Subdivision................................................................. Minor Subdivision................................................................. Final Plat (Major or Minor)...................................................................... Corrections or Vacations or Recorded Final Subdivision Plats or Supporting Documents...................................................... Corrections or Adjustments to Plats, Conditions, and Supporting Documents after Preliminary Plat Approval: Minor Adjustments................................................................ Major Adjustments Major Subdivisions affecting: 6 to 40 lots............................................................... 41 to 2001ots ............................. $550.00 + $25.00/Lot .......................... $1,375.00 + $50.00/Lot ............................. $600.00 + $50.00/Lot ............................. $550.00 + $25.00/Lot ..................................... $220.00 ................................ $220.00 ............................... $1,100.00 ............................................................................................. $3,300.00 Over200 lots............................................................................................. $4,400.00 MinorSubdivisions.................................................................................................... $440.00 ExemptSubdivision....................................................................................................................... $200.00 All Appeals Same as Application Fee Zoning Map Amendment................................................................................................... $1,100.00 + $25.00/acre StaffResearch...................................................................................................................................$35.00/hour Cash in Lieu of Parking spaces except in the Central Business District .........................................$1,000.00 OutdoorSeating.................................................................................................................................$75.00 FloodplainPermit..............................................................................................................................$50.00 Review of Buildings for Lease or Rent............................................................................................$200.00 Subdivision for Rent or Lease Preliminary Plan............................................................................$1,375.00 Subdivision for Rent or Lease Final Plan.........................................................................................$550.00 ZoninizCompliance Fee....................................................................................................................$50.00 20186 -Schedule of Fees and Charges 9282 8606/05/2018 Resolution No. R16428 - Page 8 of 10 20186 Schedule of Fees and Charges W I iI6/05/2018 Resolution No. R16 28 - Page 9 of 10 Building Permit Fees BuildingPermits........................................................................................................................See Appendix A FencePermits..................................................................................................................................$50.00 Plumbing Pefmita Base Rate(Exeeptfer ReplaeementoWater Heate ` $20.00 €aeh Numbing ictur-e............................................................................................................. W7.00 Water- erviee Demestie of Ceffimerc 1................................................................................. $7.00 -:ding- of Tfailer- Far -k oew................................................................................................ $11.00 Stafm Dr-ains and St,ffli Dr- age............................................................................................. $7.00 Water-tet........................................................................................................ $7.00 industrial Water- D,-.. Tfeat., ente .- vent, el,,.ling its tay and EKeepting-kiteheiitype gea— .-teree tees ; ture traps............................................................ $7.00 histallatieii alto-atienf of A,..t�. ...... ...... .. .............b ........., . i,...........,.................................................................................. tanks, , the installest: e f unp-ateeted ph I— l,: . 4 , t,, oa eluding f neeess e-te Foureaek)........................................................................................................... $7.00 Fiveor- Mer-e(eaek)......................................................................................................... $2.00 GasP-TI-Mig System ef A-fie-tef-e-iffir eutlets(per— outlet`................................................................ $7.00 Gas posy stem ef firee;—mere eudets (per outlet`............................................................... $2.00 �4edieal gaa prparss3`Jtei i seri gine-te��inlets�eudetazeaEh`. -5 .00 AclRitieflli Me -al is pipinets/e>ttlets -Eeac................................................................... $5 .00 PlanReview................................................................................................... 35% of Building Permit Fee DemolitionPermits...........................................................................................................................$45.00 Portableand Banner Sign Permit.......................................................................................................$45.00 Re-Inspection.................................................................................................................................... $45.00 MovingPermit..................................................................................................................................$25.00 Mobile Home Inspection (Blocking permit includes two meter inspections) ......................................$50.00 Mobile Home Water Meter Inspection..................................................................... $25.00 per additional inspection Permit to Work in the Right -of -Way – Gravel Surface.......................................................................$25.00 Permit to Work in the Right -of -Way – Paved Surface........................................................................$45.00 Encroachment Permit (per Year).......................................................................................................$50.00 Approach, Sidewalk, Curb, and Gutter............................................................................................ $55.00 ResidentialRoofing Permit...............................................................................................................$50.00 Commercial Roofing Permit.......................................................................................... See Appendix A SignPermit................................................................................................................... See Appendix A 20186- Schedule of Fees and Charges 6/05/2018 Resolution No. R164M- Page 10 of 10 APPENDIX A: BUILDING PERMIT FEES Building Permit Fees are determined by the Total Valuation of the project. For new construction and additions the total valuation is determined by the most recent square foot construction costs as published in the Building Safety Journal. For remodel projects, the total valuation is based on the documented project cost. Total Project Cost Permit Total Project Cost Permit From To Fee From To Fee $1-------- $500 -------- $24 $501-------- $600 -------- $27 $601--------$700 -------- $30 $701 --------$800 -------- $33 $801-------- $900 -------- $36 $901------$1,000 -------- $39 $1,001------$1,100 -------- $42 $1,101------$1,200 -------- $45 $1,201 ------ $1, 300 -------- $48 $1,301------$1,400 -------- $51 $1,401------$1,500 -------- $54 $1,501------$1,600 -------- $57 $1,601------$1,700 -------- $60 $1,701------$1,800 -------- $63 $1,801------$1,900--------- $66 $1,901------$2,000--------- $69 $2,001------$3,000 --------- $83 $3,001------$4,000--------- $97 $4,001------$5,000 -------- $111 $5,001------$6,000 -------- $125 $6,001------$7,000 -------- $139 $7,001------$8,000 -------- $153 $8,001------$9,000 -------- $167 $9,001---- $10,000 -------- $181 $10,001---- $11,000 -------- $195 $11,001---- $12,000 -------- $209 $12,001---- $13,000 -------- $223 $13,001---- $14,000 -------- $237 $14,001---- $15,000 -------- $251 $15,001---- $16,000 -------- $265 $16,001---- $17,000 -------- $279 $17,001---- $1.8,000 -------- $293 $18,001---- $19,000 -------- $307 $19,001---- $20,000-------- $321 $20,001---- $21,000 -------- $335 $21,001---- $22,000-------- $349 $22,001---- $23,000 -------- $363 $23,001---- $24,000--------$377 $24,001---- $25,000-------- $391 $25,001---- $26,000-------- $401 $26,001---- $27,000-------- $411 $27,001---- $28,000-------- $422 $28,001---- $29,000-------- $432 $29,001---- $30,000-------- $442 $30,001---- $31,000------ $452 $31,001---- $32,000-------- $462 $32,001---- $33,000-------- $472 $33,001---- $34,000-------- $482 $34,001---- $35,000-------- $492 $35,001---- $36,000-------- $502 $36,001---- $37,000-------- $512 $37,001---- $38,000-------- $523 $38,001---- $39,000-------- $533 $39,001---- $40,000-------- $543 $40,001---- $41,000-------- $553 $41,001---- $42,000-------- $563 $42,001---- $43,000-------- $573 $43,001---- $44,000-------- $583 $44,001---- $45,000-------- $593 $45,001---- $46,000-------- $603 $46,001---- $47,000-------- $613 $47,001---- $48,000-------- $623 $48,001---- $49,000-------- $633 $49,001---- $50,000-------- $643 $50,001---- $51,000-------- $651 $51,001---- $52,000-------- $658 $52,001---- $53,000-------- $665 $53,001---- $54,000-------- $672 $54,001---- $55,000-------- $679 $55,001---- $56,000-------- $686 $56,001---- $57,000-------- $693 $57,001---- $58,000-------- $700 $58,001---- $59,000-------- $707 $59,001---- $60,000-------- $714 $60,001---- $61,000-------- $721 $61,001---- $62,000-------- $728 Total Project Cost Permit From To Fee $62,001_----$63,000 --------$735 $63,001 ----$64,000 --------$742 $64,001 ----$65,000 --------$749 $65,001 ----$66,000 --------$756 $66,001 ----$67,000 --------$763 $67,001 ----$68,000 --------$770 $68,001'----$69,000 --------$777 $69,001 ----$70,000 --------$784 $70,001 ----$71,000 --------$791 $71,001 ----$72,000 --------$798 $72,001 ----$73,000 --------$805 $73,001 ----$74,000 --------$812 $74,001 ----$75,000 --------$819 $75,001 ----$76,000 --------$826 $76,001 ----$77,000 -------- $833 $77,001 ----$78,000 --------$840 $78,001 ----$79,000 --------$847 $79,001 ----$80,000 --------$854 $80,001 ----$81,000 --------$861 $81,001 ----$82,000 --------$868 $82,001 ----$83,000 --------$875 $83,001 ----$84,000 --------$882 $84,001 ----$85,000 --------$889 $85,001 ----$86,000 --------$896 $86,001 ----$87,000 --------$903 $87,001 ----$88,000 --------$910 $88,001 ----$89,000 --------$917 $89,001 ----$90,000 --------$924 $90,001 ----$91,000 --------$931 $91,001 ----$92,000 --------$938 $92,001 ----$93,000 --------$945 $93,001 ----$94,000 --------$952 $94,001 ----$95,000 --------$959 $95,001 ----$96,000 --------$966 $96,001 ----$97,000 --------$973 $97,001 ----$98,000 --------$980 $98,001 ----$99,000 --------$987 $99,001 -- $100,000 --------$994 Building Permit Fees for projects with total values of $100,001 to $500,000 are $994 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof up to and including $500,000. Building Permit Fees for project with total values of $500,001 to $1,000,000 are $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 or fraction thereof up to and including $1,000,000. Building Permit Fees for projects with total values of $1,000,001 or more are $5,608.75 for the first $1,000,000 plus $3.15 for each additional $1,000 or fraction thereof. I want to preface my remarks with no one I believe does not appreciate all of the city's hard working people more than me. I think I make that known any chance I have. And that this is not a personal matter, it is a budget and finance matter that draws heavily on our citizens and our staff. A brief working diagram of how finance works for the city as it has been explained to me and I as understand it Budgets are established and department heads oversee the purchases up to $1,000 for the day to day operations of the city. Purchases of 1000- a buck less of $5,000 are supposed to be approved by a Dept. Head and the CAO or Mayor who may be acting in the role of CAO. And the belief was that these would be planned purchase's, within budgeted amounts. From $5,000- 80K purchases had to be budgeted prior to the expenditure and follow the guidelines of the Purchase and Procurement Policy PPP that I introduced to city council on Aug. 20, 2013. The present PPP is a broken and failed policy that is in need of rapid replacement! I will explain why this is later. And I am asking that other council members join me in demanding it's replacement? Historically it has been the work of the Budget and Finance committee to review claims that was the opinion of the Chair of B&F on April 14 when in the chair of B&Fin an email to the city clerk mentioned the importance of every one B&F to have a working understanding of the sums we vote and approve and send on the whole council for final approval because they trust the work we do. This has been up until recently the work of B&F. And appears on the rarely questioned consent agenda at Council Meetings. It has become apparent from an email dated April 13, 2018 by the City Attorney to the mayor and handed out to B&F committee members on April 24 that what the B&F is not to be trusted with review, or especially halting questionable warrants against the city. The message I took away was that the members of B&F as well as the council do not have the where with all to consider or even have knowledge of what spending is taking place, therefore either unknowingly or unwittingly delegated our authority but not our responsibility for how public funds are spend! Even the email points out that the City Council retains the complete authority to approve claims, which would imply not approve claims as well. Apparently a the legislative body of this city can held accountable for the spending habits of other but cannot raise an objection. It has become apparent to me that some different methods have been used to get around spending city funds by using multiple purchase orders, flying under the $4,999 for each order because the present PPP or not gaining approval for purchases even in advance of over a 1000 up to the $4999. Neither of which was ever the spirit of the PPP. The valuable checks and balances needed by council have been stripped from the very ones who have been traditionally the gate keepers. There appears to be a double standard when the Mayor was a sitting member of B& F and now that he is the mayor? The new Mayor has given assurances that the multiple PO's will not be a future problem, but since even as a member of B&F in past or knowing if the present mayor will have a short or longer tenure as Mayor and since no elected office holder is in office forever... all make me want to suggest that we make the needed changes now rather than later when this might be ever be considered again as a way to get around the PP.. I also think the spending allowance by the Mayor and a Dept. Head with only those spending allowed to make the justification is to large an amount, personally I would like to see that reduced. Therefore, and we have been told that work on a new PPP is in the works, I am requesting Council discuss, and consider repeal and replacement of the PPP as soon as possible so as to not disrupt service to citizens. I would like to see the actual work of the Budget and Finance committee to be what it is supposed to be watch on behalf of the whole council the Budget and Finances of the city. With supporting documentation provided to the whole council since MCA Section 7 -64301 requires by law that the city council has ultimately the responsibility for where tax payer money goes. The present PPP has permitted abuse, I DO NOT think fraud, but abuse! Which ultimately could lead to fraud if gone unchecked should council not do it's job. It is my sincere desire to make changes that improve the quality of all life in the City of Laurel, not policy that only benefits a few, but taxpayers who get the most from every dollar spent by the city and employees who need those dollars to do their jobs. Dear Mayor Nelson: In response to your request I am providing you an opinion regarding the authority of the Budget and Finance Committee. 1 reviewed the City Charter, Montana Code Annotated ("MCA"), and the Laurel Municipal Code ("LMC"). Please be advised there is nothing in the City's Charter or the MCA regarding a City Budget and Finance Committee. However, pursuant to City Ordinance, the Budget and Finance Committee constitutes one of four standing committees, LMC Section 2.08.240. There is no further mention of the Budget and Finance Committee or standing committees in the LMC. Thus there is no description of the authority of standing committees and specifically the Budget and Finance Committee. As a consequence, I asked City Staff to search the City Resolutions to determine or define the Budget and Finance Committee's authority, and after an exhaustive search, the only Resolutions addressing the Budget and Finance Committee's Authority are the resolutions adopting and modifying the City's Purchasing Policy. Therefore, my opinion is simple. The Budget and Finance Committee has only the authority defined within the City's Purchasing Policy which was adopted by the City Council. The Budget and Finance Committee has no further authority or power. Thus, your inquiry whether the Committee has authority to restrict the spending authority of employees or department heads must be answered by reviewing the Purchasing Policy. The short answer is no. The Budget and Finance Committee has no authority to restrict the purchasing authority of any employee or department head. The Committee's power is to review and approve purchases valued over $5000 but less than $80,000. The Committee has no further authority. As background, the Purchasing Policy was created during Mayor Ken Olson's tenure. Prior to Mayor Olson, all claims or warrants had to be approved by the City Council pursuant to MCA Section 7-6- 4301. The Mayor, Staff and Council realized there was substantial delay when small purchases were required for the City to operate since the purchases had to wait for city council approval at the next regular meeting after going through a council workshop. Therefore, the Council considered delegating some approval authority to the Mayor. Since Laurel had never utilized a delegation of authority, the Council delegated only $5000 of expenditure authority to the Mayor. In short, the Mayor was authorized to spend $5000 without any council authorization. Seeing that the delay was not resolved for amounts over $5000, the City Council EMPOWERED the Budget and Finance Committee by delegating their authority to approve expenditures for items over $5000 and less than $50,000. The $50,000 limit was subsequently raised after the Montana law changed the mandatory bidding requirements from $50k to $80k. In simple terms, the City Council, through the Purchasing Policy, has delegated its authority to spend up to $5000 to the Mayor. Further, the City Council has delegated its authority to spend funds that exceed $5000 but are less than $80,000 to the Budget and Finance Committee so long as the expenditure is budgeted. Anything over $80,000 must comply with competitive bidding statutes and be approved the City Council. In regard to employees/department heads, the Mayor and CAO are in charge of the City's administrative duties, including the supervision of employees and department heads. If a department head is violating the purchasing policy, then the Mayor or CAO would be the positions authorized to address the department head's action or inaction through disciplinary proceedings. The Budget and Finance Committee's previous action to remove a department head's purchases was likely an improper action, however it was never challenged by the department head, mayor or CAO at the time so an opinion regarding the action was never issued. At this point, the City's expenditures and purchases are defined by the Purchasing Policy. Ultimately the City Council retains the complete authority to approve claims. Therefore, in my opinion, if a proposed purchase is denied by the Budget and Finance Committee, the purchase could be brought to the entire City Council for consideration and if approved would trump the Budget and Finance Committee's decision. 1 hope this addresses the issues you are having Mayor Nelson. If you need further analysis or clarification, please advise. Sincerely, SO4W S. 1201i� Sam S. Painter Thompson Painter Law P.C. Professional Center @ 32nd 176 South 32nd Street West, Suite 4 Billings, MT 59102-6867 Telephone: (406) 294-4230 Facsimile: (406) 294-4235 Mayor, in response to your question, the City (Employees, Mayor, Council) must comply with the Purchasing Policy that was adopted by the City Council. As I recall, there is no authority under the policy for the Budget and Finance Committee to "reject" or deny a claim. Again, the Committee function has been to review claims prior to submission to the entire Council. The Committee process has been to review and approve claims, which are then sent to the entire Council for approval as part of the Consent Agenda. If a claim or warrant is denied by the Committee, my advice would be to pull it from the Consent Agenda and place before the entire Council. The entire Council approves/denies the City's Claims pursuant to Montana law. In reality, the Purchasing Policy constitutes a delegation of the City Council's authority to approve warrants/claims against the City. For example, the City Council of Missoula delgates $1,000,000 of their authority to the Mayor. The Mayor reviews and approves the warrant/claim and it is paid so long as it is at or below $1,000,000. The City Council in Laurel delegated authority to the Mayor to approve warrants/claims for up to $5000. There is no Budget/Finance Committee review or consideration. However, for warrants/claims between $5000-$80,000, the City Council delegated authority for the Budget and Finance Committee to review and approve. Anything in excess of $80,000 must have the entire Council's Approval, pursuant to the Policy. I hope I am addressing the issue directly? If not, perhaps you can call and frame the issue for me. Best regards, SO4W S. PaiAA� Sam S. Painter Thompson Painter Law P.C. Professional Center @ 32nd 176 South 32nd Street West, Suite 4 Billings, MT 59102-6867 Telephone: (406) 294-4230 Facsimile: (406) 294-4235 1 611100-81" 01 11-1-a 110111ula 36 1 W# SUI)IR [W18111 'AN IV 101WNW4039 W-1111194 pip WHEREAS, the City adopted its Purchase and Procurement Policy through Resolution 805- U 4 on December 6, 2005 and revised the Policy on December 6, 2008 through Resolution No. R08- 128 and revised the Policy again on November 15, 2011 through Resolution No. R1 1-115; and WHEREAS, Staff reviewed the existing Purchase and Procurement Policy (Policy) and determined further amendments are necessary to remain current with changes in Montana law and to clarify and streamline the process for the entire Staff, and WHEREAS, Staff prepared the proposed Policy for the City Council's consideration and the attached Policy contains all of the recommended amendments to the existing Policy; WHEREAS, the proposed amendments have been reviewed and approved by the City Attorney as in compliance with existing City Ordinance and Montana law. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the attached amended and proposed Purchase and Procurement Policy is hereby adopted by the City Council. Introduced at a regular meeting of the City Council on August 20, 2013, by Council Member McGee PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 20th day of August, 2013. APPROVED by the Mayor this 20'h day of August, 2013. CITY O LAUREL �&nneth E. Olson, Jr.1y.00" ATTEST: t-tj �-Ljc - t/ -,j Shirley Ewan, Cler]&Treasurer *ro3as to t fon -'Sam S. Painter,- Civil City Att4fiey R13-55 Amend Purchase.Pr6curement Policy The City of Laurel is empowered to enter into, execute and effectuate contracts in accordance with §7- 5-4301, MCA. The City of Laurel is entrusted with public monies and is dedicated to the stewardship of expending the public's funds in a lawful, reasonable and prudent manner. The City shall consider the lowest possible cost of the goods or service needed, the timeliness of delivery, and the quality of the product when making the purchase. Whenever possible, goods shall be inspected prior to payment being made. To standardize the purchasing process, the City of Laurel hereby adopts the following "Purchase and Procurement Policy" in order to effectuate Title 3, Chapter 3.08 of the Laurel Municipal Code in order to provide a lawful, equitable and defensible guideline for purchases and procurement by the City to ensure they are in the best interest of the City of Laurel. Contracts and products over $80,000 1. The City shall utilize competitive and advertised bidding for any proposed purchase or project (Project) that constitutes a: a. Purchase of automobiles, equipment, appliances, materials or supplies that will cost over $80,000. b. Construction, repair or maintenance projects that will cost in excess of $80,000. c. It is illegal to circumvent the competitive bidding process by dividing a contract into smaller segments to avoid the bidding process. d. For projects $80,000 or over, the department head will consult with the CAO /Mayor with a plan and a cost estimate. e. The department head or city staff will prepare an advertisement with the assistance of the engineer or professional, if applicable. The CAO will approve the advertisement. The Council Secretary or Clerk/Treasurer will submit the advertisement for publication. If some other entity, approved by the City, submits the advertisement to the media or posts the ad, then a copy will be forwarded to the Council Secretary and Clerk/Treasurer. 2. The Bid Advertisement will be placed twice in a local newspaper or other- publication, with the second publication not less than 5 days prior to the City's bid opening. • At a minimum, the City's advertisement shall contain the date the bid closes, the time and place of the bid opening, and an address and telephone number of the City representative who may be contacted for further information on the process. 3. At the conclusion of Bid Opening, Staff shall present its recommendations and the lowest responsible bid to the City Council. • Council shall award the contract to the lowest responsible bidder, if it is in the best interest of the City. • The City retains the right to reject or re -advertise for any bid advertised. • Projects will not commence until a contract is approved by the City Council. 4. Contracts for professional, technical, engineering, and legal services are exempt; however, all such contracts must be approved by Resolution of the City Council and executed by the Mayor/CAO. 5. The City Council hereby delegates its authority to the Mayor/CAO to approve and execute any written necessary aiteratim modification or changeorder so long as the cost of the changes does not exceed the City of Laurel Purchase and Procurement Policy Adopted 12/06/2005 — Resolution No. R05-114; Revised & Adopted 12/06/2008 — Resolution No. R08-128; Revised & Adopted I I/15/2011 — Resolution No. RI 1-115; Revised & Adopted 08/20/2013 — Resolution No. R13-55 contingency budget approved by the City Council for the Project. The changes will be reported to the City Council. 6. The City shall not pay a contractor for extra work caused by an alteration, modification or change order unless the Mayor's/CAO's approval is obtained, or if necessary, a City Council Resolution is passed and an agreement signed (5). Contracts and Products Valued at $3,000 and under $80,000 1. All purchases must be budgeted for prior to the expenditure. In cases of emergency, the department head will contact the CAO for emergent purchases. 2. All purchases must be reviewed and approved by the Budget/Finance Committee prior to ordering. The requested purchase will be submitted on a purchase requisition form. After review by the Committee, the Clerk/Treasurer will inform the department head to proceed. • If a purchase or service is $5,000 or over and less than $80,000, at least 2 quotes must be attached to the requisition with a note from the department head as to why they prefer the chosen product or service. This section does not apply to essential recurring operational supplies and services. Staff will choose the best alternative for the City. Should this requisition be for a small service contract, the department head will consult the CAO/Mayor and with their approval consult with the City Attorney for a Small Service Contract that will be presented to the Council for approval. All purchases in this category will have the department head, CAO and Budget/Finance signatures on the purchase requisition. Purchases of $1,000 to $4,999 1- Purchases of $1,000 to $4,999 require the following two signatures on the purchase order. • Signature of the Department Head. • Signature of the CAO/Mayor. Purchases under $1,000 1. All purchases under $1,000 require two signatures on the purchase order or invoice. • Signature of Employee making purchase. • Signature of Department Head. Exemptions from Bidding or Advertising for Emer mey- Contracts 1. The provisions requiring advertisement for bids shall not apply upon the happening of any emergency natural or manmade emergency. 2. An emergency must be declared by the City Council/Mayor or CAO for this to apply. Employees shall, at all times, keep the best interest of the City in mind and make every attempt to get the best quality with the best price when purchasing for the City. City of Laurel Purchase and Procurement Policy Adopted 12/06/2005 — Resolution No. R05-114; Revised & Adopted 12/06/2008 — Resolution No. R08-128; Revised & Adopted 11/15/2011— Resolution No. RI 1-115; Revised & Adopted 08/20/2013 — Resolution No. R13-55 CITY OF BILLINGS PURCHASING PROCEDURES July 2017 All forms, template documents, etc. are located on the Server at Wt-w3kVkall users\Purchasing City of Billings Purchasing Procedures Page 1 of 24 July 2017 A. ROLES OF PURCHASING 4 A.1 DEPARTMENTAL STAFF....................................................................................................................4 A.2 THE PURCHASING AGENT.................................................................................................................4 B. PURCHASING PROCEDURES C1 B.1 PROCEDURES......................................................................................................................................6 B.2 PERFORMANCE, PAYMENT AND/OR LABOR AND MATERIALS BONDS.................................7 B.3 INSURANCE..........................................................................................................................................7 B.4 INVITATION FOR BID (IFB) PROCESS..............................................................................................8 B.5 REQUEST FOR PROPOSAL (RFP) PROCESS...............................................................................11 B.6 LEGAL ADVERTISEMENT REQUIREMENTS.................................................................................12 B.7 SOLE SOURCE PROCUREMENT.....................................................................................................13 C. PURCHASING METHODS 14 CAPETTY CASH.......................................................................................................................................14 C.2 PURCHASING CARDS......................................................................................................................14 C.3 PURCHASE ORDERS........................................................................................................................14 C. 4 ENCUMBRANCES..............................................................................................................................14 C.5 BLANKET PURCHASE ORDERS.....................................................................................................14 C.6 VOUCHER PAYMENTS/RECURRING PURCHASES.....................................................................15 D. SPECIAL PURCHASING DETAILS AND INFORMATION 15 D.1 PREVAILING WAGE RATES.............................................................................................................15 D.2 STATE GROSS RECEIPTS TAX.......................................................................................................16 City of Billings Purchasing Procedures July 2017 Page 2 of 24 BIG SKY D.3 APPRAISALS.......................................................................................................................................16 DA USED EQUIPMENT PROCUREMENT..............................................................................................16 D.5 USED VEHICLE PURCHASES..........................................................................................................16 D.6 OTHER USED EQUIPMENT PURCHASES......................................................................................17 D.7. EMERGENCY PURCHASES..............................................................................................................17 D.8 TRIAL BASIS PURCHASING.............................................................................................................18 D.9 SURPLUS PROPERTY PROCUREMENT........................................................................................18 D.10 SURPLUS PROPERTY DISPOSAL...................................................................................................18 E. DELEGATIONS OF AUTHORITY - APPROVALS 20 E.1 APPROVALS OF INVOICES AND PURCHASE ORDERS.............................................................20 F. SUPPLIER AGREEMENT/CONTRACT PROCESS 20 F.3 CONTRACTS.......................................................................................................................................21 F.3.1 COUNCIL APPROVED CONTRACTS...............................................................................................21 F.3.2 NON -COUNCIL APPROVED CONTRACTS.....................................................................................21 G. SIGNING AUTHORITY - CHANGE ORDERS & AMENDMENTS 22 H. QUICK REFERENCE CHART 23 All forms, template documents, etc. are located on the Server at k\lt-w3k071all userslPurchasing City of Billings Purchasing Procedures Page 3 of 24 July 2017 A.1 DEPARTMENTAL STAFF is responsible for drafting specifications with assistance from the Purchasing Agent, for all items where the City is required to provide an opportunity for competition, including construction and professional services. A.2 THE PURCHASING AGENT is responsible for the review and proper processing of all procurement acquisitions made by the City. Additionally, the Purchasing Agent will: A.2.1 As needed, purchase or assist in the purchases of all materials, supplies and services needed by any user department; A.2.2 Discourage uniform bidding (prearranged bid rigging) and endeavor to obtain as full and open competition as possible on all purchases and sales; A.2.3 Continually appraise developments in the field of purchasing: prices, market conditions and new products to utilize the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies and trade associations having national recognition and by private businesses and organizations; A.2.4 Standardize and achieve volume procurement using collective buying, City warehousing, lead purchaser or other concepts, which produce the lowest price possible to the City for the quality of goods or services required; A.2.5 Prescribe and maintain such forms as he/she shall find reasonable and necessary; A.2.6 Explore possibilities of buying in bulk so as to take full advantage of discounts; A.2.7 Join with other governmental units and agencies in cooperative purchasing plans when the best interests of the City would be served; City of Billings Purchasing Procedures July 2017 Page 4 of 24 The State of Montana maintains a list of term contracts in which a source or sources of supply are established for a specific period of time at a predetermined price. City staff may utilize any of the term contracts listed by the State of Montana agencies as a cooperative purchaser. The list is maintained at http://svc.mt.gov/qsd/apps/termcontractdefault.aspx. City staff may utilize term contracts listed by the State without further competition. A.2.8 Advise and assist the Finance Director and Administrative Services in the formulations and recommendations of policies and procedures in connection with the purchasing activities of the City; A.2.9 Manage and maintain the Purchasing Card program; A.2.10 Assist departments and divisions in the coordination, solicitation and award of all quotes, bids, RFPs and otherwise; A.2.11 Maintain a list of all vendors who have expressed an interest in selling to the City of Billings. It will be the responsibility of the departmental author to assure all interested parties will be contacted; A.2.12 Review purchase orders and invoices for compliance with the City of Billings Purchasing Policy and Procedures; A.2.13 Perform such other duties as may be required by the Finance Director. City of Billings Purchasing Procedures Page 5 of 24 July 2017 B.1 PROCEDURES: the following procedures outline the Purchasing Process and define the involvement of Purchasing. 13.1.1 Purchases of $99.99 and under, the preferred method is petty cash or purchasing card, but invoices may be processed, if necessary. B.1.2 Purchases of $100 to $4,999.99 do not require price quotes or bids and the Purchasing Agent need not be involved. These purchases may be made through: ■ Purchasing Card (up to $2,500) ■ Purchase Order or Invoice 13.1.3 Purchases from $5,000 to $49,999.99 requires three (3) written quotes. The lowest responsible bidder will be selected. Depending on the complexity of the project or quote requested, the Purchasing Agent may be involved. The responsible department shall complete and sign a Quote Form, which subsequently will be attached to the contract, invoice or Purchase Order. Catalog prices are acceptable when local vendors cannot be found. NOTE: The lowest quote does not have to be accepted if it is documented that a specific supplier in the past has been a poor performer or has provided sub -standard goods. Documentation must be presented to and reviewed by the Purchasing Agent and Legal Department to determine whether or not a supplier will be excluded from competition. The City Administrator must approve this stated special circumstance upon signing of the contract. B.1.4 Purchases for architectural, engineering and land survey services, as well as miscellaneous professional and consultant services, for $19,999.99 and above require a Request for Proposal (RFP), the involvement of the Purchasing Agent is optional and legal advertising is mandatory. A selection committee is also required. City of Billings Purchasing Procedures Page 6 of 24 July 2017 B.1.5 Purchases for any automobile, truck, other vehicle, road machinery, other machinery, apparatus, appliances, equipment, materials or supplies, or for construction, repair or maintenance in excess of $49,999.99, requires a competitive, sealed bid process (State Law MCA Title 7, Chapter 5). Purchasing Agent involvement is optional and a legal advertisement is mandatory. There are two additional guidelines that may apply to sealed bids: B.2 PERFORMANCE, PAYMENT AND/OR LABOR AND MATERIALS BONDS - The bidder may be required to furnish an approved Performance Bond, Labor and Materials Bond, or Payment Bond in the amount of one hundred percent (100%) of the contract amount., conditioned to the effect that the contractor shall faithfully perform the terms and conditions of the contract and shall indemnify the City from the negligent acts of the contractor, his or her agents or servants in their performances of the terms and conditions of the contract, and shall pay all proper claims of subcontractors and suppliers. Construction contracts generally require additional bonds, but all other contracts shall be discussed with the Purchasing Agent to determine if necessary. B.3 INSURANCE - If the contract requires work to be completed for the City by contractor, the City of Billings must require that the successful contractor maintain in full force and effect a Workers' Compensation Insurance Policy on its employees and Comprehensive General Liability Insurance Policy naming the City of Billings as an additional insured in specified predetermined amounts, to provide protection to the parties to the agreement. Automobile liability insurance may also be required. The Purchasing Agent will advise the issuing department regarding insurance needs. NOTES: • All insurance requirements and any additional bonds must be stated in all advertisements so contractors may adjust their quote or bid accordingly. The City Administrator may, in writing, allow for lesser amounts of insurance coverage or grant an exception. City of Billings Purchasing Procedures Page 7 of 24 July 2017 B.4 INVITATION FOR BID (IFB) PROCESS B.4.1 According to State law, MCA Title 18, Chapter 4, an Invitation for Bid must be issued and shall include a purchase description and conditions applicable to the procurement. As per State law, MCA Title 7, Chapter 5, sealed bids are used for purchases for any automobile, truck, other vehicle, road machinery, other machinery, apparatus, appliances, equipment, materials or supplies, or for construction, repair or maintenance in excess of $49,999.99. The City will give adequate public notice of the Invitation for Bids in a reasonable time before the date of the opening of the bid. A legal advertisement (i.e. publication in newspaper) must appear two (2) consecutive weeks prior to the bid opening. NOTE: When Federal money is involved in the bid, then the legal advertisement must appear for three (3) consecutive weeks prior to the bid opening. B.4.2 Sealed Bids are received in the office of the City Clerk and are opened publicly at 2:00 PM on Tuesdays in the City Hall Conference Room. A departmental representative and the Purchasing Agent shall be present to record bids on a Bid Tabulation Sheet. Each bidder and any member of the public has the right to attend, and to examine and inspect all bids after they are opened. The user department, with the assistance of the Purchasing Agent and/or the Legal Department, if necessary, shall evaluate and jointly agree on a recommendation of award. City of Billings Purchasing Procedures Page 8 of 24 July 2017 B.4.3 Each bid must include BID SECURITY equal to 10% of the bid amount, which may be made via Certified Check, Cashier's Check, or Bid Bond payable to the City. The bid security will be retained by the City Clerk until the successful bidder enters into a contract with the City. Unsuccessful bidders shall be entitled to the return of the submitted security (other than a bid bond) after a formal award has been made. A successful bidder, upon failure on his part to enter into a contract within the time specified after notification of the bid award, shall forfeit any surety deposited with the City of Billings. B.4.4 The name of each bidder and amount of each bid and other relevant information is recorded. B.4.5 Bids are unconditionally accepted, except bids without bid security. All other irregularities shall be examined after the bid opening with assistance from the Legal Department. B.4.6 If a bid award is made, it is with promptness by written notice to the lowest bidder who has met all the requirements and specifications set in the Invitation for Bid. Also, the bid award recommendation is submitted for transmittal to the City Council for their approval. The recommendation must include a list of all bidders, bid amounts and an explanation. B.4.7 Resection of Bid - All bids received in response to an advertisement may be rejected. The Purchasing Agent, if involved in the bid, and user department, together, may recommend rejection of all bids for an item, group of items or the entire scope if such action is determined to be necessary and in the best interests of the City. An example of when such action would be appropriate is incomplete or incorrect specifications. B.4.8 A contract is executed upon an award of bid including the terms and conditions and specifications set forth in the Invitation for Bid. B.4.9 All bid materials will become the property of the Purchasing Agent, for filing, future reference and maintenance for historical purposes and updating as needed for new procurements. City of Billings Purchasing Procedures July 2017 Page 9 of 24 B.4.10 In the event two (2) or more bidders offer identical bids, all factors considered, new bids may be invited or award made by the drawing of lots, witnessed by the Purchasing Agent and the applicable bidders. B.4.11 Any bidder protests of award recommendations and/or bid specifications must be filed within seven (7) days of bid opening. Upon receiving a written protest, the Purchasing Agent determines if the protest has sufficient merit and if so, schedules an informal hearing with the protesting bidder and the user department. At this hearing, all parties discuss the basis of the protest and attempt to resolve the dispute based on fact. If the protesting party is not in agreement with the results of the informal hearing, they may appeal to the City Administrator. Ultimately, final decisions rest with the City Council. B.4.12 An Invitation for Bid (IFB) shall include the following: • Bid submission requirements • Purchase description/scope of services • Evaluation criteria • Contract terms and conditions • Non -collusion statement • DBE Statement for Airport and MET Transit Departments City of Billings Purchasing Procedures Page 10 of 24 July 2017 B.5 REQUEST FOR PROPOSAL (RFP) PROCESS 13.5.1 According to State law, MCA Title 18, Chapter 8, Requests for Proposals are utilized for most services (architects, engineering, land surveying), especially professional consulting, and all complex projects (i.e.; office supplies supplier consolidation, software packages) over $19,999.99 and must be accompanied by a legal advertisement. B.5.2 The Purchasing Agent should be involved (or at least advise) in the RFP creation and solicitation for professional services (except engineering), facilities, and any other complex projects. B.5.3 Staff will send out all RFPs, create a selection committee, receive all RFP responses and distribute accordingly to the committee. An RFP may be sent and received electronically, as long as a Noncollusion Form is signed and sent back to staff prior to receiving the proposal. B.5.4 A Request for Proposals shall include the following • Purchase description • Scope of Work/Services • Evaluation Criteria • Contract Terms and Conditions • Proposal submission requirements • Non -collusion statement • DBE statement for Airport and MET Transit Departments City of Billings Purchasing Procedures Page 11 of 24 July 2017 B.6 LEGAL ADVERTISEMENT REQUIREMENTS B.6.1 A legal advertisement is required for all Invitations for Bids and Requests for Proposals. B.6.2 The City Clerk coordinates ALL legal advertising for the City's equipment purchases, service procurement and meeting notices. B.6.3 Legal advertising is done on a weekly basis, with publication taking place on Thursdays of each week. B.6.4 Ad copy and specifications are due to the City Clerk by Noon on Tuesday during the first week of publication. B.6.5 Legal ads and specifications must also be submitted electronically (email) to the City Clerk to facilitate website posting. B.6.6 Legal ads generally must be published once per week for two consecutive weeks, with at least SIX (6) days separating the publications. This rule applies unless there is a specific advertising/notice requirement unique to the circumstances. For example, if the project or purchase will be utilizing Federal funds, there may be specific advertising requirements over and above the basic requirements named above. B.6.7 Legal ads must contain the following information at a minimum: • The name of the project • Submittal information including: o Bids: Deadline day, date, time and place for bid submittal and day, date, time and place for bid opening. o Requests for Proposals: deadline day, date and time for proposal submittal. • The name, physical address and phone number of a person to contact for additional information. City of Billings Purchasing Procedures Page 12 of 24 July 2017 • Information on the day, date, time and place of a pre-bid meeting (if one is being held) and whether attendance is mandatory. (it is recommended that, if a pre-bid meeting is held, attendance should be mandatory). • The dates of publication. • Standard bidding or RFP language as contained in the template documents on the City's server. B.6.8 The advertising and opening dates should be coordinated in advance with the City Clerk's office. B.7 SOLE SOURCE PROCUREMENT 13.7.1 State law, MCA Title 18, Chapter 4, states that a contract may be awarded for a supply or service item without competition when there is only one source for the supply or service item. This bidding exception may only apply when the department head or designee determines in writing that there is only one source for the required supply or service item. B.7.2 The Purchasing Agent must receive an explanation in writing attached to the Purchase Order that only one practical source exists. 13.7.3 Examples of sole source items: • Patented items • Copyrighted materials • Secret processes • Utilities - items for compatibility/standardization • Specialized proprietary equipment City of Billings Purchasing Procedures Page 13 of 24 July 2017 CA PETTY CASH Some departments maintain a petty cash fund that is used for small dollar amount purchases. An Administrative Order adopts the City of Billings Petty Cash Policy. C.2 PURCHASING CARDS The Purchasing Agent manages the City's Purchasing Card Program. Purchasing cards will be issued to departments that request them. The cards are used much the same as a credit card and are assigned to a specific person with a specific limit. The types of purchases are limited as well. The Purchasing Card Policy is provided to each cardholder. C.3 PURCHASE ORDERS Purchase orders are commonly used to initiate the purchasing process and in some circumstances to confirm an order already placed with a vendor. It identifies the vendor, the purchasing department, price, quantity, and account number to be charged. C.4 ENCUMBRANCES Also created by Purchase Orders. Encumbrance Payment Request Forms must be used for order and encumbrance payment requests. C.5 BLANKET PURCHASE ORDERS For repetitive purchases of clerical supplies, repair parts, hardware, photo service, printing and other similar items, blanket purchase orders are created for a specified time (usually one month) to selected vendors. City of Billings Purchasing Procedures July 2017 Page 14 of 24 Blanket Orders can be created by the Finance Department for the whole City or Departments can create their own departmental Blanket purchase order. Upon receiving the invoice, the designee should check the order for accuracy and completeness before signing. Each department will enter their own invoice or delivery slip against the blanket P.O. For City Blanket Orders, all invoices for the month are received against the blanket order by the 5th business day of the following month. The vendor statement is balanced to the computer software and invoices. Accounts Payable then makes authorization for payment. Before the current month's blanket order expires, Accounts Payable sends the vendor a new Blanket Purchase Order as well as the department designees. C.6 VOUCHER PAYMENTS/RECURRING PURCHASES Recurring purchases are those for periodically billed services and various other types of payment as determined by the Finance Director. Vouchers are also used for Jury for Municipal Court/jury witnesses fee reimbursement, Municipal Court Witness Fee reimbursement, Petty Cash reimbursement, refunds for one time vendors, accounts receivable refunds and Public Works Utilities refunds, and Finance Petty Cash reimbursements. The Finance Director or his designee verifies, reviews and approves the documentation for the payment of vouchers. D.1 PREVAILING WAGE RATES As per State law, MCA Title 18, Chapter 2, for construction projects where the cost will exceed $25,000, there must be a statement in the bid documents calling for the contractor to pay the prevailing wage rate as established by the State of Montana, as well as a statement and copy of wage rates included in the contract documents. City of Billings Purchasing Procedures July 2017 Page 15 of 24 BIG SYY G D.2 STATE GROSS RECEIPTS TAX One percent (1 %) contractors' tax must be deducted from all payments on construction contracts totaling over $5,000 and paid to the State. D.3 APPRAISALS The City Council has adopted a policy resolution that establishes criteria for appraisals when the City purchases land. D.4 USED EQUIPMENT PROCUREMENT All used equipment which would have a value, if new, of $5,000 or more must be included in the Equipment Replacement Plan or Technology Replacement Plan, or be specifically approved by the City Administrator. D.5 USED VEHICLE PURCHASES All purchase orders for used vehicles are substantiated by at least two (2) quotes of other comparable vehicles to include mileage, condition, and auxiliary equipment of each vehicle quoted. The vehicle selected is inspected by a City mechanic at the Fleet Services Division and approved by the Fleet Services Division. Airport and Public Works Utilities are not required to obtain approval by the Fleet Services Division as they have their own mechanics; they are required, however, to have either Fleet Services Division mechanics or their own mechanics inspect and approve any used vehicle before they purchase it. The head of the department that is purchasing the used vehicle shall approve the purchase order as to procedure and shall submit it, along with (a) the comparable price quotes described above and (b) the Fleet Services Division or other city mechanic approval, to the Finance Director and the City Administrator for approval before commitment is made to the vendor to purchase the vehicle. The Fleet Services Division will arrange for picking up the vehicle and processing the title as the County Treasurer's Office will only accept the City Clerk's signature on title applications. City of Billings Purchasing Procedures July 2017 Page 16 of 24 The Purchasing Agent will send the application for title and registration receipt made out in the name of "City of Billings," to the City Clerk. Information will be provided as to the equipment number and new plates if needed, or if an old plate is being transferred to the newly purchased vehicle. If there is a trade-in, the City Clerk will sign off on the title and send it to the Fleet Services Division to transmit it to the proper agency. D.6 OTHER USED EQUIPMENT PURCHASES In order to purchase a used item exceeding $1,500, it must be in excellent condition and a good buy. In certain cases, there are no comparable used equipment items which can be purchased (mowers, specialty equipment, fire trucks, etc.). In these cases, the cost of a new piece of comparable equipment will be obtained and qualified by the Fleet Services Division or departmental maintenance people and will inspect the equipment and state in writing to the Purchasing Agent why the City should purchase the equipment. When a comparable item can be found, the price of these units should be shown and an explanation given for the recommended purchase. For clarity and definition, a qualified expert's opinion would be discounted by the Purchasing Agent if, for example, the purchase order originator solicited an opinion from the company who is selling the item. D.7. EMERGENCY PURCHASES Emergency authority is to be used "in cases of extreme and immediate necessity where materials, services or equipment are needed for a situation where the health, safety or welfare of the public is endangered or the City is exposed to serious cost consequences if immediate corrective or preventive action is not taken". If an emergency does occur, the Purchasing Agent will provide support for expediting and determining the best purchasing method. All emergency purchase orders will be signed by the department head or designee and will have a brief explanation of the emergency attached. City of Billings Purchasing Procedures Page 17 of 24 July 2017 BIG SkY G Emergency purchases over $19,999.99 require the City Council by resolution to declare the emergency and record it in the minutes of the council meeting. The requirements for sealed bids can be waived, and the purchase made in the fastest possible manner. (MCA Title 7, Chapter 5) D.8 TRIAL BASIS PURCHASING Often opportunities arise in the form of an offer to use and try materials and/or products from 10 to 90 days before requiring the City to purchase. These orders will be placed in the usual manner. Submit a purchase order to the Finance Department and clearly indicate that it is on a term basis only. Place the order accordingly and advise the user when the time has come to either purchase or return the merchandise. This will prevent the City from incurring obligation for payment if the order is not returned in time, or if it is lost or damaged in the mail. D.9 SURPLUS PROPERTY PROCUREMENT In reference to MCA Title 18, Chapter 5, a Montana state agency is designated for federal surplus property. D.10 SURPLUS PROPERTY DISPOSAL The Purchasing Agent is designated as Surplus Sales Officer. He/she is responsible for disposing of all surplus personal property, and obsolete and scrap material of any type that belongs to the City of Billings in a manner and on terms that are in the best interest of the City, provided that the procedure and the terms are in accordance with State statute and in compliance with existing City policies. City of Billings Purchasing Procedures July 2017 Page 18 of 24 Surplus, worn-out or obsolete material and equipment may be disposed of in any of the following ways: ■ By selling or donating to other City departments through surplus property. ■ By cannibalizing. ■ By trading in on new equipment. ■ By advertising for sale and selling at auction, or by advertising and obtaining sealed bids and selling to the highest responsible bidder. ■ By selling as scrap or recycling. ■ Junking or recycling. ■ By special Council approval. The Purchasing Agent, with the assistance of department representatives, shall approve the disposal process of all surplus property. Approved disposal forms, with appropriate documentation attached, shall be retained by the Purchasing Agent for the City's official files. All proceeds from the sale of these items will be deposited with the department that last had possession of the items and copies of documentation filed with the disposal form with the Purchasing Agent. City of Billings Purchasing Procedures Page 19 of 24 July 2017 E.1 APPROVALS OF INVOICES AND PURCHASE ORDERS Purchase Orders and Invoices must be approved, as follows, in the following order: $0-$1000 4 Department Designee 4 Purchasing Agent $1,000 to $10,000 4 Department Designee -> Purchasing Agent 4 Finance Director $10,000 and above 4 Department Designee -) Purchasing Agent 4 Finance Director ->City Administrator F.1 Generally, whether it is for goods or services, suppliers will be engaged through a written document. This can either be a purchase order or contract. Contracts are required for all goods over $10,000 and services over $5,000. F.2 Purchase Orders or Invoices - Purchase Orders and Invoices are created by each respective City department and approved through the Delegation of Signing Authority levels. City of Billings Purchasing Procedures Page 20 of 24 July 2017 F.3 CONTRACTS Contracts include all documents including, for example, bid specifications which create obligations on the part of the City of Billings and the contracting party, insurance certificates, drawings, etc. F.3.1 COUNCIL APPROVED CONTRACTS Department representative must send a draft contract to the Legal Department to review before having the contractor sign. The contractor then signs the legally reviewed and approved two (2) copies of the contract, and sends the contracts back to the department representative. The department representative then sends the contracts to the Legal Department for final review and sign off. The Legal Department will send the contract to the City Clerk for the Mayor to sign which is the final signature. The City Clerk attests the Mayor's signature. The original copy of the contract is retained by the City Clerk and the remaining signed original contract is forwarded to the department representative to send to the contractor. Use the Contract Routing Form for every contract. Signature Flow: Contractor (Supplier) 4 Legal 4 City Clerk/Mayor F.3.2 NON -COUNCIL APPROVED CONTRACTS Department representative must send a draft contract to the legal department to review before having the contractor sign. The contractor then signs the legally reviewed and approved two (2) copies of the contract, signs and sends the contracts back to the department representative. The department representative then sends the contracts to the legal department for final review and approval. The legal department will send the contract to the city clerk for the city administrator to sign which is the final signature. The original copy of the contract is then retained by the city clerk and the remaining original signed contract is forwarded to the department representative to send to the contractor. Use the contract routing form for every contract. Signature Flow: Contractor (Supplier) 4 Legal -City Clerk/City Administrator City of Billings Purchasing Procedures Page 21 of 24 July 2017 Within ten (10) working days after the acceptance of a bid, the bidder and the city shall make, execute and deliver to each other in duplicate a contract in accordance with the bid; provided, that the parties to the contract may extend the period for execution. The city administrator is authorized to execute amendments or change orders to all contracts executed by the mayor if the changes do not exceed his/her signing authority, as designated by resolution. Furthermore, the city administrator is authorized to execute amendments or change orders to all contracts executed by the mayor if the changes are: 1) Within the scope of the project or purchase, provided that increases in the scope of street improvement projects to add improvements requested and paid for by adjacent property owners are permissible; 2) Executed in writing; and, 3) The increase in contract amount does not exceed: a. Ten (10) percent of the contract price; or, b. Five hundred thousand dollars ($500,000.00); or, c. The original budgeted contingency, whichever is less. The total amount of all change orders or amendments on any given project will be cumulatively combined. When any single amendment or change order exceeds the limit under subsection (b), the proposed change must be presented to the city council for approval. However, where the size of the contract makes it probable that administrative change order authority will be quickly exhausted, the city council may, upon recommendation of the city administrator, extend the aggregate limits of subsection (b) in an amount set by council resolution for a specific project. City of Billings Purchasing Procedures July 2017 Page 22 of 24 BIG SkY p (O Amount Petty Purchasing Purchase Written Sealed RFP Cash Card Order/Invoice Quotes Bids $0-$99.99 X *X X $100 - $2499.99 X X $2,500- X $4,999.99 $5,000- X $49,999.99 > $19,999.99 X (architect, engineer & land survey, consultant, professional services) > $49,999.99 X (automobile, trucks, construction, equipment, materials) BLANKET ORDERS — May be created for Fleet/Inventory purchases as well as any other monthly repetitive purchases. * Purchases for Fleet and Inventory may NOT be made on Purchasing Cards City of Billings Purchasing Procedures Page 23 of 24 July 2017 All forms, template documents, etc. are located on the Server at 111t-w3k071all users\Purchasing City of Billings Purchasing Procedures Page 24 of 24 July 2017