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IV.10. Resolution Amending the Legislative Policy Manual; Bishop CITY OF HOPKINS City Council Report 2024-097 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Nick Bishop, Finance Director Date: August 5, 2024 Subject: Resolution Amending the Legislative Policy Manual _____________________________________________________________________ RECOMMENDED ACTION MOTION TO approve Resolution 2024-050 amending the Legislative Policy Manual OVERVIEW The Legislative Policy Manual provides uniform guidance on City policies so that actions that are taken are consistent, fair and comply with applicable laws, statutes and ordinances. Staff has reviewed Policy 6-A, Purchasing Policy and is requesting the City Council to consider changes to the policy. Section 3, Requirements for Purchasing is being updated for clarity and to align with current practices. Section 7, Cash Management for Federal Funds is being added to comply with Federal grant requirements. SUPPORTING INFORMATION • Resolution 2024-050 • Policy 6-A, Purchasing Policy Finance Department CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2024-050 RESOLUTION AMENDING LEGISLATIVE POLICY MANUAL WHEREAS, the City Council of the City of Hopkins has approved a document entitled the Legislative Policy Manual to provide uniform guidelines on City policies so that actions are consistent, fair and comply with applicable laws, statutes and ordinances; and WHEREAS, the City Council of the City of Hopkins has determined the existing policy needs to be amended to include various changes related to purchasing requirements and cash management for federal funds, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby adopts the revisions to the Legislative Policy Manual, 6-A Purchasing Policy. Adopted by the City Council of the City of Hopkins this 5th day of August, 2024. By:___________________________ Patrick Hanlon, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk Legislative Policy Manual -- Chapter 6-J 1 POLICY 6-A PURCHASING POLICY 1. POLICY 1.01 The purchasing policies of the City are established by the City Charter, the City Council, and state statute. Under state statute annual adoption of the operating budget shall constitute Council appropriations for purchases made throughout the year. No purchase is final until approved by the City Council. 1.02 The responsibility to adhere to a department budget shall be with the department head. Accordingly, the department head has full responsibility for the purchases which occur within their department. A department head may designate a subordinate to act for the department head. The role of the City Manager is to monitor the purchasing actions of the department head. The role of the Finance Director is to ensure that proper purchasing and payment procedures are adhered to. 1.03 Large purchases for all departments of the City are to be made centrally, as nearly as possible. 1.04 All purchases shall be of a quality to suit the intended purpose at the lowest cost. 1.05 Wherever practical and appropriate, materials with recycled content will be used in the construction or remodeling of municipal facilities. 1) Specifications will promote, and not prohibit, the use of recycled products or materials. 2) Specifications shall require that employees of the City and of the contractors bidding, cooperate and promote the use of recycled products and materials. 2. RELATIONS WITH SUPPLIERS' REPRESENTATIVES 2.01 Purchasing Relationships. The relationship between the purchaser and the seller should be one of mutual understanding. The departments should not be burdened with, nor encourage visits from, suppliers except in those cases where special equipment, chemicals, etc. are to be purchased or where it will be helpful to the City; neither should they become involved in the routine of purchasing. 2.02 All employees of the City shall keep themselves free of obligation to any of the City's suppliers. 3. REQUIREMENTS FOR PURCHASING 3.01 For purchases less than $1,000, department head approval is necessary. Purchases greater than $25,000 that are part of a cooperative purchasing agreement and are within the adopted budget for that department do not need approval from the City Council. Purchasing under $25,000 that are part of a cooperative agreement and are within the adopted budget for that department, quotations are not needed. The standards in this policy are minimum standards to ensure fiscal responsibility. Departments may set more restrictive procedures to meet their own budgetary Legislative Policy Manual -- Chapter 6-J 2 accountability. 3.02 Generally the following thresholds apply (1) $25,000 or less - Approval by Department Head. (2) $25,000 - $175,000 - Requisition signed by Department Head and City Manager. . Done by sealed bids, direct negotiation, written quotes or on State contract. (4) $175,000 and above - Advertise/sealed bids per M.S.S. 471.345 or done through State Contract. Approval is required from City Council for purchase. Value of Purchase Type of Purchase Approval Needed $24,999 or less • Open Market • Written Quotes • Direct Negotiation • State Contract • Authorized Purchaser $25,000 to $99,999 • Written Quotes • Direct Negotiation • Sealed Bids • State Contract • Department Head; or • Designated Division Manager $100,000 to $174,999 • Written Quotes • Direct Negotiation • Sealed Bids • State Contract • Department Head; and • City Manager $175,000 and above • Advertise/Sealed Bids per M.S.S. 471.345 or State Contract • City Manager; and • City Council *Authorized Purchases – any employee of Hopkins as designated by a Department Head **Designated Division Manager – any Division Manager as designated by the City Manager 3.03 All non-budgeted purchase requests must be accompanied by a staff report justifying the expenditure. Requisition must be signed by the City Manager. 3.05 Multiple item purchases from a single vendor are to be placed on one purchase order. 3.06 A purchase order is prepared for each requisition when the vendor requires such a document and will be mailed or faxed to vendors upon request. 6. EMERGENCY PURCHASES 6.01 Emergency purchases are those made by departments only when normal operation of the department would be hampered by the delay resulting from adherence to the Purchasing guidelines and Minn. Stat. 471.345. 6.02 In cases of emergency, an employee, with the approval of the Department Head, may directly purchase any materials, supplies, or services necessary to the immediate Legislative Policy Manual -- Chapter 6-J 3 continuation of the work of the department. Such purchases and the emergency causing them shall be reported in writing to the Finance Department no later than the workday following such purchase. 6.03 When the purchase is made, an invoice or sales ticket shall be obtained by the purchaser. 6.04 In cases where the purchase is for a non-budgeted item, written justification of the purchase shall be submitted to the City Manager. 7. CASH MANAGEMENT FOR FEDERAL FUNDS 7.01 The City will follow cash management procedures as required by Uniform Guidance for Cash Management of Federal Funds - §200.302(b)(6) 7.02 The City will minimize the time between the receipt of federal funds or other pass-through entity, and the disbursement of those federal funds. Federal funds will only be requested to meet immediate cash needs for reimbursement no covered by prior receipts and anticipated disbursements that are generally fixed, such as salaries and benefits. Disbursements will be made withing 30 calendar days after receipt of funds. 7.03 The City will maintain financial records that account for the receipt, obligation, and expenditure of each federal program fund. Cash balances for each federal program funds and for the aggregate of all federal program funds will be monitored. Established 8/18/87 Revised 6/26/92 Revised 3/19/2002 Revised 1/2/2024 Revised 8/5/2024 City of Hopkins