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HomeMy WebLinkAboutItem 06.eJuly 16, 2018 Item No.________ APPROVAL TO AMEND THE PURCHASING POLICY Proposed Action Staff recommends adoption of the following motion: Move to approve an amendment of the Purchasing Policy. Overview The City’s Purchasing Policy defines the process by which the City purchases goods and services. The current policy was adopted in June 2016. During the 2018 legislative session, the Minnesota State Legislature approved changing the competitive bidding threshold from $100,000 to $175,000, effective August 1, 2018. The change was supported by the League of Minnesota Cities, the Association of Minnesota Counties, the Minnesota Association of Townships, and the Minnesota School Boards Association. The competitive bidding threshold hadn’t been increased since 2008 despite construction costs increasing at a greater rate than general cost of living. Primary Issues to Consider What are the key changes in the amendment: 1) Bidding threshold is changed from $100,000 to $175,000; 2) Exceptions to Competitive Bidding section updated to reflect statutory exceptions. Supporting Information • A red-lined copy of the Amended Purchasing Policy is attached. Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Jerilyn Erickson, Finance Director N/A N/A Adopted 06.06.2016 – Page 1 ADOPTED PURCHASING POLICY ------ 06.06.2016 with DRAFT CHANGES Policy 4.05 Purpose The purpose of the Purchasing Policy is to ensure all purchases are consistent with Minnesota statutes and meet a public purpose, to establish internal controls, to maintain the appropriate documentation, to ensure the best value for the public money, and to assign purchasing responsibility and authority to the level consistent with good business practice and sound financial management policy to the extent possible. Sections: • Introduction • Public Purpose Expenditures • Ethics and Acceptance of Gifts • Decentralized Purchasing • General Guidelines • Purchasing Authority • Purchasing Thresholds • Exceptions to Competitive Bidding • Professional Services • Contract Change Orders • Purchasing Alternatives • Emergency Purchases • Capital Purchases • Credit Card Use • Charge Accounts • Petty Cash • Procedures for Verifying Receipt of Goods or Services for Payment • Disposition of City Assets • Contract Documents Introduction Minnesota Statutes 471.345 sets forth the law regulating the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property in Minnesota cities and the City of Lakeville. Adopted 06.06.2016 – Page 2 Public Purpose Expenditures City employees are responsible for conserving and protecting City resources for the benefit of public interest. As good stewards of public funds, City employees must only use City funds for public purpose expenditures. Exhibit A provides some guidelines regarding expenditures that are authorized as being made for a public purpose, even though a limited personal employee benefit may be derived. Further, the expenditures must be authorized in accordance with the City’s annual budgeting process. Ethics and Acceptance of Gifts Minnesota State Statute 471.87 states that employees authorized to take part in any manner in making any sale, lease or contract in an official capacity shall not voluntarily have a personal financial interest in that sale, lease or contract, or personally benefit financially from it. Decentralized Purchasing The City of Lakeville has a “decentralized” purchasing program where individual departments are responsible for making their own purchases. There are a few exceptions including the following: • Technology (Hardware and Software). Authorized purchasers must consult with the Information Systems Manager prior to acquiring any hardware and/or software to ensure it is consistent with the Technology Plan. • Vehicles. Authorized purchases must consult with the Fleet Manager prior to acquiring vehicles and appurtenant equipment to ensure it is consistent with the Equipment Plan. • Building Maintenance. All building repairs and maintenance should be coordinated with the Facility Maintenance Division. • Other. General office supplies, paper and stationery products, etc. General Guidelines These general guidelines should be adhered to as closely as possible by all departments in the procurement of goods and services. Based on the nature of the purchase, individual departments may wish to use more stringent requirements to further protect the public good. • Local Buying. It is the desire of the City to purchase from Lakeville vendors and Minnesota vendors when cost effective. This can be accomplished by insuring that local and state vendors who have goods or services available are included in the competitive shopping process that will precede most purchases. • Planning. Planning for purchases should be done on both a short-term and long-term basis. Small orders and last minute purchases should be minimized thereby increasing the capability of each department to purchase its goods and services in larger quantities in order to obtain the maximum discounts possible. Planning will also cut down on the number of trips required to obtain materials and minimize the amount of clerical and supervisory time spent on documenting purchases. In planning it is critical that you begin the process by accurately estimating the total cost. Failure to follow this step could jeopardize the purchase. There are specified thresholds where different processes and procedures apply. In order to avoid violating these thresholds, if the estimated cost is close to one of the thresholds you should follow the requirements for the higher threshold. Adopted 06.06.2016 – Page 3 • Sustainable Products. All departments should use, where practicable, reusable products, recycled content products and recyclable products. City bid specifications should provide for optional pricing of sustainable products whenever possible. • Cooperative Purchasing. When available, the City should take advantage of cooperative purchasing agreements with other entities (e.g. Dakota County, ISD#194, other cities, etc.). Purchasing Authority The City Administrator is authorized to make or execute purchase contracts for routine services, equipment, supplies or commodities for which the cost does not exceed $20,000. The City Administrator may delegate the authority to make purchases and execute documents for purchasing items or services, as long as the amount involved does not exceed the City Administrator’s purchasing authority of $20,000. The staff designated as authorized purchasers must be communicated to the Finance Department. Final approval of all purchases must be evidenced by the authorized purchaser’s signature on the invoice and/or receipt. Purchase orders must be completed prior to acquisition to insure accountability, provide amount verification and avoid any misunderstanding with respect to cost between the vendor and the City. Purchasing Thresholds All expenditures up to $20,000 must be within the limits established by the department budget. There are six basic thresholds of dollar amounts that have been established either by policy, City Code or statutory authority for the purpose of purchasing City goods and services. They are identified as follows: MATERIALS – SUPPLIES – EQUIPMENT - NON-PROFESSIONAL SERVICES - CONSTRUCTION Purchase Level(1)(2) Purchase Process Required Approving Authority Notes $0 - $1,000 No P.O. Required Designated Staff • At the point of sale, the receipt must be signed by the individual purchasing the item. • The receipt must be coded prior to submission to Finance. $1,001 - $10,000- No P.O. Required / P.O.* Designated Supervisor • Quotes are not required. • Purchases can be made on the open market and verbal quotes are optional. • If quotes are received, they should be kept on file for at least one year. • *Purchase order required only for capital purchases (>$5000). $10,001 - $15,000 P.O.* / Quotes Department Head • For an item costing between $10,001 and $15,000, the City shall request price quotations from at least two sources, when practical, and shall place the order at the lowest price quoted. • Products or services quoted shall be the same or similar and of comparable quality from each vendor. • Quotes must be kept on file for at least one year. • *Purchase order required only for capital purchases (>$5000). Adopted 06.06.2016 – Page 4 $15,001 - $25,000 P.O.* / Quotes $15,001-$20,000 - City Administrator $20,001-$25,000 – City Council • For an item costing between $15,001 and $25,000 (Minn. Statute 471.345 sets limit), the City shall request price quotations from at least two sources, when practical, and shall place the order at the lowest price quoted. • Products or services quoted shall be the same or similar and of comparable quality from each vendor. • Quotes must be kept on file for at least one year. • *Purchase order required only for capital purchases (>$5000). • The City Council will grant the City Administrator the authority to make or execute purchase contracts for routine services, equipment, supplies and commodities for which the cost does not exceed twenty thousand dollars ($20,000). • If a cooperative purchasing agreement is in place, quotations are not needed. $25,001 - $100,000 $175,000 Council Resolution City Council • For an item exceeding $25,000 but not $100,000 $175,000, the City shall make the contract by sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase, when practical, and without advertising for bids or otherwise complying with the requirements of competitive bidding. • Products or services quoted shall be the same or similar and of comparable quality from each vendor. • Quotes must be kept on file for at least one year. • The City must consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source. • If a cooperative purchasing agreement is in place, quotations are not needed. Above $100,000 $175,000 Sealed Bids; Council Resolution City Council • Competitive bidding is required for the following contracts: o Contracts for the sale, purchase, or rental of supplies, materials, or equipment. o Contracts for the construction, alteration, repair, or maintenance of real or personal property. • The City must consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source. • If a cooperative purchasing agreement is in place, quotations are not needed. (1) If the estimated cost is close to one of the thresholds, you should follow the requirements for the higher threshold. (2) The purchase level is based on the gross purchase price; not net of an asset trade-in. Exceptions to Competitive Bidding The following are some of the more common exceptions to the competitive bidding requirements: 1. Contracts of $100,000 $175,000 or less 2. Intergovernmental contracts 3. Real estate purchases 4. Professional services including Architectural, Auditing, Engineering, Legal, Group Insurance, Banking Services, Investment Services, Financial Service Providers, Construction, Management, and Surveying 5. Emergency Purchases Adopted 06.06.2016 – Page 5 6. Reverse auctions for purchase of supplies, materials and equipment 7. Electronic sale of surplus supplies, materials and equipment 5.8. Non-competitive supplies and equipment Professional Services Contracts for professional services such as those provided by engineers, attorneys, architects, accountants, and other services requiring technical, scientific or professional training are exempt from competitive bidding requirements. However, the goals to secure professional services remain the same: to ensure all purchases are consistent with Minnesota statutes, to establish internal controls, to maintain the appropriate documentation, and to ensure the best value for the public money. The following chart identifies the required procedures for professional services contracts. PROFESSIONAL SERVICES Purchase Level(1) Purchase Process Required Approving Authority Notes $0 - $10,000 No Quote Required Designated Supervisor • Quotes are not required. • Purchases can be made on the Open Market and verbal quotes are optional. • If quotes are received, they should be kept on file for at least one year. • In cases where the City has established a pool of qualified consultants (e.g., engineers, architects, planners), the consultant may be selected from the existing pool.(2) • If a consultant is determined appropriate for continuity, cost, quality or time efficiencies, two quotes are not required. (i.e. a consultant’s prior work is integral to a project, so we will not require a second quote, since the consultant is deemed the appropriate vendor.) $10,001 - $15,000 Quotes Department Head • For an item costing between $10,001 and $15,000, the City shall request price quotations from at least two sources, when practical. • Quotes must be kept on file for at least one year. • In cases where the City has established a pool of qualified consultants (e.g., engineers, architects, planners), the consultant may be selected from the existing pool. (2) • If a consultant is determined appropriate for continuity, cost, quality or time efficiencies, two quotes are not required. (i.e. a consultant’s prior work is integral to a project, so we will not require a second quote, since the consultant is deemed the appropriate vendor.) $15,001 - $25,000 Quotes $15,001-$20,000 - City Administrator; $20,001-$25,000 – City Council • For an item costing between $15,001 and $25,000, the City shall request price quotations from at least two sources, when practical. • Quotes must be kept on file for at least one year. • In cases where the City has established a pool of qualified consultants (e.g., engineers, architects, planners, etc.), the consultant may be selected from the existing pool. (2) • If a consultant is determined appropriate for continuity, cost, quality or time efficiencies, two quotes are not required. (i.e. a consultant’s prior work in integral to a project, so we will not require a second quote, since the consultant is deemed the appropriate vendor.) Adopted 06.06.2016 – Page 6 $Above $25,000 Council Resolution City Council • For an item costing above $25,000, the City shall request written price quotations in the form of a Request for Proposal from at least two sources, when practical. • Quotes must be kept on file for at least one year. • In cases where the City has established a pool of qualified consultants (e.g., engineers, architects, planners, etc.), the consultant may be selected from the existing pool. (2) • If a consultant is determined appropriate for continuity, cost, quality or time efficiencies, two quotes are not required. (i.e. a consultant’s prior work in integral to a project, so we will not require a second quote, since the consultant is deemed the appropriate vendor.) • The standard contract shall be awarded to the service provider with the best qualifications and proposal for the specific project. Total cost shall not be the only consideration, but must be included in the analysis of the proposals. (1) If the estimated cost is close to one of the thresholds, you should follow the requirements for the higher threshold. (2) See City of Lakeville “Use of Consultant” Policy. Contract Change Orders From time to time, it may be necessary to modify the work approved by the City Council in a construction or professional services contract. See City of Lakeville “Use of Consultant” and “Construction and Public Improvement Contract Change Order” policies for further guidance. Purchasing Alternatives Sealed Bids. A formal sealed bid procedure is required for all purchases that are estimated to exceed $100,000$175,000, except for purchase through a cooperative purchasing contract (see below). A published (412.311) notice of the bid is required in the official city newspaper at least ten (10) days in advance of the bid opening. The published notice must state where the plans and specifications can be obtained by bidders and specifically, where the bid opening will be held. The notice may also be published on the City’s website; however, this publication is in addition to the official newspaper publication. All bid openings are to be administered by the originating department. The preparation of all specifications and required authorization is to be the responsibility of the originating department. The City Council must formally award the contract, and the originating department then files the contract with the Administration Department to be saved in Laserfiche. Best Value Alternative. Minnesota Statute 412.311 allows the City to use a “Best Value” alternative instead of awarding the bid to the lowest responsible bidder. Ask your department head to contact the City Attorney if you wish to use the Best Value alternative. State, County and Other Cooperative Purchasing Contracts. Cooperative purchasing contracts provide the opportunity for the City to purchases goods and services at reduced costs. • State Cooperative Purchasing Contracts. The City of Lakeville participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy goods and Adopted 06.06.2016 – Page 7 services under the terms of contracts already negotiated by the State of Minnesota. IF it is determined that a product/service is on a state contract, vendors should be told that the purchase will be made using that contract. When completing the purchasing paperwork, note that the purchase is per state contract and indicate the contract number. Vendors will often contend that the city can purchase from them without bidding because they are on the “state contract” or they will sell at the state contract price. Beware of these approaches. Verify both the vendor and the specific product/service is listed on the state contract. It is likely that not all of a vendor’s products/services have been selected to be on the state contract. If a vendor is not on the state contract but will match the state contract price, this action does not preclude the city from avoiding the competitive bidding laws. • National Joint Powers Alliance (NJPA) Purchasing Program. http://www.njpacoop.org • GSA’s Cooperative Purchasing Program. www.gsa.gov/cooperativepurchasing • US Communities Government Purchasing Alliance. https://www.uscommunities.org/resources/state-statutes/mn/ • National Intergovernmental Purchasing Alliance (NIPA). www.nationalipa.org/agreements • Cooperative Purchasing Connection (CPC). Http://www.purchasingconnection.org//site/ • National Cooperative Purchasing Alliance (NCPA). http://www.ncpa.us/ • For all other cooperative purchasing alliances, contact the Finance Department to verify that they meet the criteria before acquiring the item. Sole Source Purchases. Sole source purchases may be made if they comply with at least one of the following: • Item or service under patent of copyright held by a single vendor and item or service possesses or has capabilities critical to use. • Item or service possesses a unique function or capability critical in the use of the item or service and not available from any other sources. • The purchase is for equipment associated with use of existing equipment where compatibility is essential for integrity of results. • The purchase is for replacement parts needed for repair of existing equipment where compatibility with equipment from the original manufacturer is paramount. • The purchase is for accessories sought for enhancement of existing equipment where compatibility with equipment from the original manufacturer is paramount. Adopted 06.06.2016 – Page 8 • The purchase is for technical services associated with the assembly, installation, or servicing of equipment of a highly technical or specialized nature. • Additional item, service, or work required, but not known to have been needed when the original order was placed with vendor and it is not feasible or practicable to contract separately for the additional need. • The purchase must match the existing piece or brand of equipment and is only available from one vendor. Sole source purchases must still follow the purchase process required based on the amount being purchased. For example, if the purchase is expected to exceed $100,000$175,000, a competitive bidding process must be followed even if the expectation is that only one bid will be received. Emergency Purchases Under Minnesota’s Emergency Management Act (Minn. Stat. §12.01-12.61), the City has the authority to enter into contracts during an emergency without following many normally required procedures. An emergency is defined “an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring.” A disaster is “a situation that creates an actual or imminent serious threat to the health and safety of persons, or a situation that has resulted or is likely to result in catastrophic loss to property or the environment, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss.” During an emergency or disaster, the City Council may waive compliance with the time-consuming procedures or formalities concerning: 1. The performance of public work; 2. Contracting; 3. Incurring obligations; 4. Renting equipment; and 5. Purchasing supplies and materials. Emergency purchases will only be allowed when the mayor issues a proclamation declaring an emergency, and the steps listed in Minn. Stat. § 12.29 are completed. Capital Purchases Additional procedures for documenting the purchase, disposal (sale, trade-in, scrap) or transfer of capital assets are available on the City’s intranet site. Credit Card Use According to Minnesota Statute 471.382, the City Council may authorize the use of a credit card by any City officer or employee otherwise authorized to make a purchase on behalf of the City. The purpose of this policy is to establish criteria for who may be issued a credit card and the specific use of the credit card. Adopted 06.06.2016 – Page 9 Authority for Credit Card Holder. City staff having authority to make certain purchases will be eligible credit cardholders. A Department Head may request a credit card for City authorized purchasers when there is a demonstrated efficiency to be gained. The Finance Director must review and approve each request before the card is issued. Such requests must include the following information: 1. The name of the specific user or users; 2. The general reason and types of purchases they will be making. 3. Any other information necessary to complete the credit card process. The Department Head is responsible for notifying the Finance Director when any changes occur to the cardholder’s status. Types of Purchases Allowed by Credit Card. A purchase by credit card must comply with all statutes, rules, and City policies applicable to City purchases. Specifically: 1. All purchases must be made by the authorized card holder. 2. All credit card purchases must comply with the City’s Purchasing Policy guidelines for quotes and bids. 3. All expenditures must be within the limits established by the department budget. Types of Purchases Prohibited. Use of a City credit card is prohibited for the following purchases: 1. Personal purchases of any kind. 2. Alcoholic beverages of any kind. If a City employee makes or directs a purchase by credit card that is inconsistent with this policy and/or is not approved by the Council, the employee is personally liable for the amount of the purchase. Limit on Charges. The maximum charge on any City credit card is $15,000. Charges in excess of that amount, up to $20,000, may be authorized by the City Administrator. In no case shall an amount greater than $20,000 be made without prior City Council approval. All purchases made with a credit card must be in compliance with the aforementioned purchasing thresholds. Procedures and Documentation. The Finance Department will receive the monthly bill and the cardholder will receive a copy of the monthly statement of their charges. The cardholder will code and attach invoices and receipts for all charges on the statement and submit all of the documentation to the Department Head or designee by the designated due date. Payment will be made if the billing matches all completed credit card statements and receipts Violations. Failure to comply with any portion of this policy may result in disciplinary action (up to and including termination), cancellation of the credit card, and legal and financial consequences. Charge Accounts In certain situations, it may be advantageous to use charge accounts with local businesses and vendors which allow employees to purchase needed goods and services with periodic (usually monthly) billing to the City. Employees must sign the sales slips or other vendor documentation at the time of the sale and submit the documentation to the Finance Department with the appropriate coding and signatures. Adopted 06.06.2016 – Page 10 Petty Cash Use The petty cash fund is used for purchases of goods up to $25.00 that are needed at once. Procedures for Verifying Receipt of Goods or Services for Payment All invoices should be addressed and mailed to the Finance Department at 20195 Holyoke Avenue, Lakeville MN 55044 or emailed to accountspayable@lakevillemn.gov. Each invoice will be stamped with the date received and forwarded to the appropriate department. Each authorized purchaser will review and approve all invoices pertaining to their department purchases. Statements on blanket purchase orders will be reviewed by the Finance Department. Disposition of City Assets The City Administrator may, from time to time, recommend to the Council that certain property owned by the City is no longer needed for a municipal purpose and should be sold. There are three aspects to any disposal of a City asset: 1. Disposal Approval The City Council must approve the disposal of all property, no matter the value. 2. Terms of Sale Approval The sale itself must be approved, either by the City Administrator or his/her designee (sales up to $20,000) or by the City Council (sales over $20,000). 3. Proper Municipal Sale Contract Just as with purchasing, making a sale is considered entering into a contract. After the Council has declared the property as surplus, estimated its value, and approved its disposal, the City Administrator (or his/her designee) is authorized to dispose of the property using one of the following methods: Assets under $20,000 If the value of the surplus property is estimated to be $20,000 or less, the City Administrator may sell it either upon quotation or in the open market, in the discretion of the City Administrator. If the surplus property is sold based upon quotation, the City Administrator shall obtain, so far as practicable, at least two quotations which shall be kept on file for a period of at least one year after their receipt. Assets between $20,000 - $100,000$175,000 If the value of the surplus property is estimated to exceed $20,000 but not to exceed $100,000$175,000, the City Administrator may sell the property upon sealed bids or by direct negotiation, by obtaining two or more quotations for the sale when possible. All quotations obtained shall be kept on file for a period of at least one year after their receipt. Assets over $100,000$175,000 If the value of the surplus property is estimated to exceed $100,000$175,000, the City Administrator shall solicit sealed bids by public notice in the manner and subject to the requirements of the law governing contracts by the City. Adopted 06.06.2016 – Page 11 As a practical matter, an asset disposal and its sale will often be approved by the Council at the same time. The final sale will always be contingent upon the Council’s approval of, first, the disposition and then the actual sale. Managers may use discretion when deciding if an asset should be approved for disposal before the sale is initiated, or if the disposal and the sale can be brought to Council at the same time. Government to Government Sales The City may transfer real and personal property to another governmental entity for nominal or no consideration and without following the process set out under “Proper Municipal Sale Contract” (item #3) above. Sealed bids or quotes are not required. Council approval of the disposal (item #1 above) is always required. Council approval of the terms of the disposal (item #2 above) is required only if consideration is over $20,000. The council may approve both the disposal and disposal terms in one action. If there is no consideration or consideration is under $20,000, the City Administrator may approve the terms of the disposal. Trade-ins The City Council must approve the disposal of equipment via trade-in (put toward the purchase of new equipment), just as it approves a regular disposal. This approval can be done as part of the approval of the purchase of new equipment (if the purchase is over $20,000). Even if the new purchase is under $20,000 (and doesn’t require Council approval), the trade-in disposal still must be approved by the Council. Electronic Sales Minn. Stat. 471.345, subd. 17 states that “a city may contract to sell supplies, materials, and equipment which is surplus, obsolete, or used, using an electronic selling process in which purchasers compete to purchase the items at the highest purchase price in an open and interactive environment.” Restrictions According to City code, no employee of the City who is a member of the administrative staff, department head, a member of the Council, or an advisor serving the City in a professional capacity may be a purchaser of property sold under this Section. Other City employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one (1) week's published or posted notice of sale is given. Contract Documents The City has established a set of standard documents to be used for City projects, consultants and other purposes. These are: Construction Projects A standard contract shall be used for all City public improvement projects. City staff will insert the appropriate information and will review the necessary supporting contract documents as to form and compliance. Any changes to the standard contract must be reviewed and approved by the City Attorney before the contract is submitted to the City Council. Adopted 06.06.2016 – Page 12 Professional Services A standard contract shall be used for professional services, including but not limited to architectural, engineering, and construction management. The City staff will insert the appropriate information and will review the necessary supporting contract documents as to form and compliance. Any changes to the standard contract must be reviewed and approved by the City Attorney before the contract is submitted to the City Council. Purchase of Goods and Services A standard contract shall be used for the purchase of goods and services, including but not limited to mowing, cleaning, trash collection, etc. The City staff will insert the appropriate information and will review the necessary supporting contract documents as to form and compliance. Any changes to the standard contract must be reviewed and approved by the City Attorney before the contract is submitted to the City Council. Adopted 06.06.2016 – Page 13 EXHIBIT A Public Purpose Expenditures These permitted expenditures are intended to serve the public purpose of recruitment and retention of the City’s largest asset, its personnel. These practices are meant to ensure high employee productivity and morale and reduce expenses resulting from low productivity and high turnover (e.g., recruitment, training, inexperience, and lack of knowledge). Compliance should also be assured relating to requirements outlined in the City’s Personnel Policy and all other City policies (currently in place or adopted in the future) related to expenditures, personal use of City assets, travel, purchasing, use of credit cards, etc., and Minnesota State Statutes. This policy does not replace nor is it contradictory to the State’s Gift Policy statutes. The Policy is applicable to all benefited full and part time employees, elected officials and commission members. Seasonal employees are covered for events taking place during times in which they are employed by the City. Volunteer firefighters are covered by Fire Department Policies and Procedures and are excluded from this policy unless otherwise specifically noted. Under no circumstances will expenditures be authorized as for a public purpose if made for the benefit of spouses or friends of employees unless those individuals are serving in an otherwise authorized capacity. Note: Elected and appointed City officials and employees are strongly encouraged to obtain separate receipts for authorized and non-authorized City expenditures for reimbursement and auditing purposes. Adopted 06.06.2016 – Page 14 Permitted Expenditures for Meals and Refreshments Use of City funds in reasonable amounts for meals and/or refreshments and necessary supplies for elected and appointed City officials and employees is permitted in the following circumstances: • City-sponsored events of a community-wide interest where staff are invited, required, or directed to be present (e.g., State of the City, City-wide celebrations.) • City Council meetings held during or adjacent to a meal hour. • Special Commission meetings held during or adjacent to a meal hour. • Professional association meetings. • Meetings related to City business in which the attendees are predominantly non-City representatives (e.g., City/school district meetings, Chamber of Commerce meetings, Police Chaplain meetings, Multi-Family Housing meetings, Tech Working Group meetings). • Individual or small group employee meetings with employees or public officials from other governmental agencies, etc. to conduct City business where business can most effectively be conducted through a coffee/breakfast/lunch meeting. • Individual or small group employee meetings with vendor representatives or consultants to conduct City business where business can most effectively be conducted through a coffee/breakfast/lunch meeting (City employee/official cost only). • Conferences and training, for which no lunch is provided, and overlapping the noon lunch hour. • Conferences and training when meals are included as part of the registration or program fee. • Annual employee events to which all employees are invited (e.g., recognition luncheon, safety breakfasts). • Annual recognition event for Volunteer Firefighters. • City-sponsored training or work-related meetings where employees are required to participate or be available during break periods and/or lunch • Work activities requiring continuous service when it is not possible to break for meals (e.g., election days, water main breaks, high profile criminal investigations, on-going emergency response activities). All non-emergency events require advance authorization by the responsible Department Director. • Events recognizing participants in a City-sponsored wellness program. • Retirement and resignation recognitions (light refreshments only). • New employee (not an existing employee being promoted or assuming a new position within the City) orientation lunches. • Staff meetings with elected officials and/or commission chairs. • Fundraisers for non-City events where employees by virtue of their positions are expected to attend (e.g. Rotary Gala Art Auction). Requires Director approval and the City will reimburse only the cost of the meal in the amount listed for that type meal in the City’s Travel Policy. • Employee recognition events held by professional or civic associations, in which employees by virtue of their positions are members or participants. Adopted 06.06.2016 – Page 15 Prohibited Expenditures for Meals and Refreshments Use of City funds for meals and/or refreshments for elected and appointed city officials and employees is prohibited in the following circumstances: • Purchase of alcoholic beverages, including costs for City-sponsored events and as part of an otherwise authorized meal expense. • Employee-sponsored fundraising events (e.g., United Way charitable giving campaign). • Employee functions or celebrations that are solely social in nature (e.g., birthdays, holiday luncheon, Halloween event, ice cream social). • Fundraisers for non-City events where attendance is not expected by virtue of the employee’s position, unless authorized in advance by the City Administrator. If authorized, the City will reimburse only the cost of the meal in the amount listed for that type meal in the City’s Travel Policy. • Meetings among staff members and/or staff training sessions not in accordance with the previous section, Permitted Expenditures for Meals and Refreshments. Permitted Expenditures for Recognition Awards Use of City funds in reasonable amounts for recognition awards is permitted in the following circumstances when criteria for receipt are established and presentation is nondiscriminatory. For elected and appointed officials: • End of service to the City For employees: • Years of service • Retirement Adopted 06.06.2016 – Page 16 Other Permitted Expenditures Use of City funds in reasonable amounts is permitted in the following circumstances: • Prizes of moderate value ($300 or less) awarded at City-sponsored employee recognition events (e.g. length of service awards). • Awards of limited value ($25 or less) presented to all attendees at employee recognition events. • Awards of moderate value ($150 or less) and other costs for participants in a City-sponsored wellness program. • Meals, refreshments, or items of limited value (Travel Policy maximum for appropriate meal) for people who volunteer for the City (e.g., non-City of Lakeville interview panel members). • Membership dues in professional organizations where membership is for public benefit and not for personal interest or gain. • Employees may receive shirts and other miscellaneous items of moderate value ($50 or less) when these items are determined by the City Administrator to be important to the successful involvement of employees in special City-sponsored or City-supported events. Employees may be supplied with uniforms, clothing, boots and other gear necessary for the performance of their job per other City policies. • Supplies (e.g., paper plates, plastic utensils, napkins) to be used for employee and/or guest functions. • Space and utilities value for vending machines for which profits are used to support employee activities (e.g., holiday party, births, funerals, weddings). Other Prohibited Expenditures Use of City funds is prohibited in the following circumstances: • Participation in recreational or social activities unless included as part of an overall conference registration fee. Enforcement Department Directors and all other supervisors are responsible for implementation of the policy. Employee reimbursement will be required for any purchases not in compliance with this policy