Muyni
← Back to DeKalb

Finance Advisory Committee

Regular Meeting

DeKalb, IL · April 2, 2015

AgendaMinutes

Minutes

MINUTES FINANCE ADVISORY COMMITTEE CITY OF DEKALB APRIL 2, 2015 The Finance Advisory Committee (FAC) meeting of April 2. 2015, was called to order at 6:01 p.m. by Chairperson Mike Peddle. ROLL CALL Committee members present were Mike Peddle, Connie Golden, and Tom Teresinski. Absent committee members were David Conlin, Thomas Gearhart, Lynn Neeley, and Mike Verbic. City staff present were City Manager Anne Marie Gaura, Finance Director Cathy Haley, Police Chief Gene Lowery, Fire Chief Eric Hicks, City Engineer John Laskowski and Economic Development Director Ellen Divita. APPROVAL OF MINUTES The minutes of the October 29, 2014 and November 13, 2014 were not approved as the quorum was not met. Chairperson Peddle asked if there were any changes needed and none were mentioned. PURCHASING MANUAL DISCUSSION Finance Director Haley introduced Carri Parker from the Finance Department to the Finance Advisory Committee, as putting the Purchasing Manual together by combining current manual, Finance Director Haley’s previous employer’s manual and suggestions from Stan Helgerson, Financial Consultant. Carri’s position is Accounts Payable, so it is very appropriate for her to have a really good understanding of this. Finance Director Haley stated that many items have been added to the beginning of the Manual that are for policy purposes, ethics purposes, conflict of interest, and gifts and gratuities. Finance Director Haley reviewed each section of the Purchasing Manual with the Finance Advisory Committee. Chairperson Peddle asked if the each Department Head would have free-range to do anything under $5000. Finance Director Haley replied yes, within the guidelines of the budget and based on the approval levels. Committee Member Teresinski asked about change in the required approval levels and how it reflected in the current manual. Finance Director Haley stated that the current manual lacks this Finance Advisory Committee approved minutes on July 14, 2015 Finance Advisory Committee April 2, 2015 Page 2 of 4 information and mostly focuses on bids and not purchasing. Committee Member Teresinski clarified that the Department Head would need to work with Finance Director Haley to seek authorization on a purchase order if it is within the budget guidelines. Finance Director Haley agreed. She added that the purchase order process would ideally be electronic online, where the requisition would be entered in the department, the appropriate approval levels would be received and the purchase order would be developed all in real-time. The current software does not have that capability. Committee Member Teresinski asked anyone can develop a purchase order. Finance Director Haley stated that requisitions will be added by the department, and appropriate approvals have been made, then Carri would develop the purchase order as the Purchaser. Committee Member Teresinski agreed that having one purchaser is a significant improvement and strong ailment. Chairperson Peddle asked when would you use a RFQ versus an RFP? A lot of times with professional services you would use RFQ, with auditing services possibly RFP, but a lot of services would rather an RFQ. Have seen it both ways. Would like the idea of adding RFQ looked at. Finance Director Haley will follow up on that. Committee Member Teresinski asked what the language is on the purchase order. Finance Director Haley stated that there is currently no form developed and that the City will have full control of that form and have the language specific to the needs of the City. We will have Dean (City Attorney) look over the form before using it. Committee Member Teresinski agreed having Dean review the form is a good idea for the terms and conditions. In addition, will there be a pre- approved vendor list? Finance Director Haley stated that it may take away from the chance of getting a competitive price on items. Committee Member Teresinski this would avoid having favoritism between City employees and vendors. Chairperson Peddle agrees with Committee Member Teresinski, you could have a list that can be rotated through. Chairperson Peddle states that having a local vendor preference can be problematic. Who determines what is equal. He would like to see local preference in the specifications. He would prefer to see, “efforts will be made to buy local services”, and if you can determine that it is equal than fine, but if it is not directly defined can be problematic. He was told that if anything that deals with federal funds you cannot have local preference. City Manager Gaura stated that she has had a lot of internal discussion and that the section that is mostly affected would be the awarded bids. City Engineer Laskowski states that local preference is in effect in an infrastructure project you will have more bids. For Motor Fuel Tax the City cannot use the local bidders’ preference. He adds that contractors feel that they cannot be competitive because they are not in the area. They feel there is no point to bid. He feels that the local preference stifles competition but he is still doing an analysis. Chairperson Peddle added that it depends on the situation, and we need to be careful where you use it and the possible effects are. Committee Member Golden added that she likes the use of the words that Chairperson Peddle suggested instead of shall rate preference. Finance Director Haley added that when it is mentions that Administrative Associate (page 12), she is referring to the full time position in the City Manager’s Office, it is the Administrative Associate/Deputy Clerk. Finance Advisory Committee approved minutes on July 14, 2015 Finance Advisory Committee April 2, 2015 Page 3 of 4 Chairperson Peddle states that the change to purchase orders could be problematic. Finance Director Haley states that it will still need to go through approval process. Chairperson Peddle states that it need to make clear that the approval requirements are based on the total project cost not the change. Finance Director Haley agreed. City Manager Gaura mentioned that they will also look at percentage of change as well. Committee Member Teresinski questioned the procedural changes with the idea of central purchasing, what currently the departments issue purchase orders? Or how it done today? Finance Director Haley responded that it is one form and there are approval signature lines on that form. Committee Member Teresinski currently they can be developed by the department head and with this process will be done by one person. Finance Director Haley agreed. There is not a requirement for a purchase order for items under $5000. Chairperson Peddle asked what the process is if he were to purchase an item for $2500. Finance Director Haley stated that would need to look at the budget as the guideline, would then order the item, reconcile invoice, and then would be signed off by Department Head. Committee Member Teresinski asked about blanket orders and how they would work. Chairperson Peddle believes that the wording incorporates what Committee Member Teresinski mentioned. Finance Director Haley spoke about the Chairperson Peddle stated that having a Purchasing Card program can be set up with internal controls within each department. He states that it is a good program. Chairperson Peddle wanted to look over the Emergency Purchase Policy, but would like to protect the City Manager and Finance Director and their designee. An easy way to have this authorization recorded. Either through an email or voicemail. He would like to see a record of the authorization, this way there is no question of he said she said type of conversations. Committee Member Teresinski wants to look at the budget review process. Finance Director Haley replies that currently the Finance Department provides a monthly report showing the budget balances, so the Department Head are very cognizant of the City spending. Police Chief Lowery added that everyone does keep an eye on their spending, but where it is uncontrollable is in the overtime, or emergency type situations. Committee Member Teresinski agreed that emergencies do happen. Chairperson Peddle would like clarification on what the Purchasing Manual is. Finance Director Haley states that it is a standalone manual. New Department Heads will be trained on it. The Auditors will want a copy of it. Chairperson Peddle asked what if someone were to violate the manual. City Manager Gaura states that it depends on if it is unintentional or an oversight. If it is intentional becomes a performance issue and subject to discipline. Chairperson Peddle asked how you discipline a Council member. Do we leave it up to the Attorney? City Manager Gaura stated that this would need to be discussed more with the City Attorney. Committee Member Teresinski added he would like to see the approved vendor list. Then asks if the Purchasing Manual is a manual or a policy. Finance Director Haley stated that it is a policy. Finance Advisory Committee approved minutes on July 14, 2015 Finance Advisory Committee April 2, 2015 Page 4 of 4 FINANCIAL POLICIES Finance Director Haley reviewed the Financial Policies with the Finance Advisory Committee. Chairperson Peddle asked if the City is reporting only yield at the beginning of holding a particular instrument. Finance Director Haley agreed. Chairperson Peddle asked if holding a long term instrument, will the City report on how its short term performance is. Finance Director Haley answered no, the City will have to report it during audit, and it’s basically from the beginning to the end. The City will accrue a receivable at the end of the year, show its market value, the treasury will show gain/loss, and total yield. Chairperson Peddle understood. Committee Member Teresinski asked about the state approved option for municipal investments for 1-3 years for a substantial cash about 2-3 million, with incoming flows, substantial balance in a long period of time, 2.5/3%, are we using that facility? Finance Director Haley asked if it was IMET? Committee Member Teresinski confirmed that is the company having trouble. Finance Director Haley agreed. Committee Member Teresinski stated he was glad the City did not go with that company. CONFIRM NEXT MEETING DATE/TIME Joint City Council and Finance Advisory Committee Meeting Tuesday, May 12, 2015 5:00 p.m. Saturday, May 16, 2015 8:30-12:00 p.m. Wednesday, May 20, 2015 5:00 p.m. ADJOURNMENT Since the meeting did not meet quorum, no formal adjournment needed. The meeting adjourned at 6:55 p.m. ___________________________________ CARRI PARKER, Finance Department Finance Advisory Committee approved minutes on July 14, 2015

Agenda

AGENDA Finance Advisory Committee Meeting Thursday April 2, 2015 6:00 p.m. City Hall Council Chambers (Second Floor) A. Call to Order B. Roll Call for Attendance C. Approval of Minutes 1. Finance Advisory Committee October 29, 2014. 2. Finance Advisory Committee November 13, 2014. D. Purchasing Manual Discussion E. Financial Policies F. Other Items G. Confirm Next Meeting Date and Time H. Adjournment The Finance Advisory Committee’s role (as listed in Chapter 54-11) is to provide well-reasoned, financially sound recommendations to the Council. Meetings and reporting shall be on a project-by-project basis or as otherwise assigned by the City Council. The Finance Advisory Committee shall work in cooperation with the City Council and the City Manager to analyze the City’s financial policies, long term financial stability, options for greater efficiencies and possible revenue and expenditure modifications. MINUTES FINANCE ADVISORY COMMITTEE CITY OF DEKALB NOVEMBER 13, 2014 The Finance Advisory Committee held a meeting on Thursday, November 13, 2014 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Chairman Peddle called the meeting to order at 6:05 p.m. ROLL CALL Deputy City Clerk Ruth Scott called the roll and the following members of City Council were present: Alderman David Jacobson (arrived at 6:09 p.m.), Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, Alderman Ron Naylor, and Mayor John Rey. Absent: Alderman Dave Baker and Alderman Monica O’Leary. Finance Advisory Committee members present were: Dave Conlin, Connie Golden, Mike Peddle, Tom Teresinski and Mike Verbic. Also present were: City Manager Anne Marie Gaura, Police Chief Gene Lowery, Fire Chief Eric Hicks, Finance Director Cathy Haley, Public Works Director T.J. Moore, City Engineer John Laskowski, and Ruth Scott, Deputy City Clerk. TAX LEVY 2014 Finance Director Haley reviewed with City Council and the Finance Advisory Committee the 2014 Property Tax Levy timeline with the Public Hearing and first reading taking place on November 24, 2014 and the second reading taking place on December 8, 2014. Finance Director Haley reviewed the 2013 tax bill allocations with City Council and the Finance Advisory Committee. Finance Directory Haley reviewed charts with City Council and the Finance Advisory Committee regarding the 2014 Property Tax Levy which included a list of 14 communities with comparable economic data, property tax dollars per capita, the top three revenue sources as a percent of the total General Fund, and the City’s FY2015 revenue sources. There was discussion amongst Council, the Finance Advisory Committee and City staff regarding the TIFs and what will happen when they expire. The General Fund will lose $942,600 from annual transfers from the two TIF funds along with $492,500 of tax surplus revenue when the TIFs expire. A total loss of $1,435,100. Finance Advisory Committee November 13, 2014 Page 2 of 2 Finance Director Haley reviewed a chart that listed the City’s last seven years of Equalized Assessed Valuation (EAV). Over the past five years, the City’s EAV has continued to drop while levy dollars have remained consistent. This drop in EAV has caused the City’s tax rate to increase. Finance Director Haley reviewed a chart that listed the history of the tax levy allocation for the City. The City’s past practice was not to levy dollars for debt payments. Further, the funding level for the employer contribution in to IMRF has fluctuated and dropped significantly. Finance Director Haley reviewed and discussed Options A, B, C and D with City Council and the Finance Advisory Committee for the 2014 tax levy. Option A was recommended by City staff. After a lengthy discussion regarding the options presented, City Council and the Finance Advisory Committee concluded to proceed with Option B. As the general consensus was split somewhat evenly, staff will bring both Options B, C and D to the City Council meeting of November 17, 2014 for continued discussion and a first reading. ADJOURNMENT Ms. Golden moved to adjourn the meeting, seconded by Mr. Teresinski. The meeting adjourned at 8:17 p.m. ___________________________________ RUTH A. SCOTT, Deputy City Clerk Return to Agenda MINUTES FINANCE ADVISORY COMMITTEE CITY OF DEKALB OCTOBER 29, 2014 The Finance Advisory Committee held a meeting on Wednesday, October 29, 2014 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Chairman Peddle called the meeting to order at 6:00 p.m. ROLL CALL Deputy City Clerk Ruth Scott called the roll and the following members of the Finance Advisory Committee were present: Dave Conlin, Connie Golden, Mike Peddle, Tom Teresinski and Mike Verbic. Absent was Gary Peele. Also present were: City Manager Anne Marie Gaura, Police Chief Gene Lowery, Fire Chief Eric Hicks, Finance Director Cathy Haley, City Engineer John Laskowski, and Ruth Scott, Deputy City Clerk. APPROVAL OF MINUTES Minutes of the September 11, 2014 were reviewed and approved on a motion by Ms. Golden, seconded by Mr. Verbic. FINANCIAL POLICIES Finance Director Haley reviewed changes made to the Financial Polices as discussed during the September 11, 2014 Finance Advisory Committee meeting as well as recommendations from the City Council at the September 22, 2014 meeting. Changes made were: a. Budget Policy i. Several “shoulds” were changed to “shalls”. ii. The following was added to the first sentence of number 10: “specifically if our anticipated fund balance is below our Fund Balance Reserve Policy of 25%.” b. Fund Balance Policy i. Added the word “State” in front of MFT under the Capital Projects Fund Reserves paragraph. Finance Advisory Committee October 29, 2014 Page 2 of 2 c. Capital Asset Policy i. Per the preliminary audit recommendation and to correlate with the City’s actual practice, changed the original cost to “$25,000 or more” instead of “$10,000 or more”. ii. Changed the useful life of infrastructure from “40 to 50” to “25 to 50”. d. Debt Policy i. Removed the last sentence under Line of Credit: “If the City Manager draws on the line of credit, it shall be immediately reported to the City Council.” ii. Added “City Council” after City Manager for final approval prior to drawing down on the line of credit in the second to last sentence under line of credit. GENERAL FUND OVERVIEW Finance Director Haley provided a General Fund overview to the Finance Advisory Committee which included a review of how the General Fund will continue to support its current level of operations once the TIF funds expire, how the City can continue to maintain long-term sustainable operation expenditures, how does the City attain financial stability, and building fund balance reserves and secure funding to replace City vehicles. TAX LEVY 2014 DISCUSSION There was discussion among the Finance Advisory Committee regarding the 2014 Tax Levy. After a lengthy review of all the options, the Committee decided to proceed with option 3. OTHER ITEMS The next meeting of the Finance Advisory Committee will be on November 13, 2014 which will be a joint meeting with City Council. ADJOURNMENT Mr. Teresinski moved to adjourn the meeting, seconded by Mr. Verbic. The meeting adjourned at 7:52 p.m. ___________________________________ RUTH A. SCOTT, Deputy City Clerk Return to Agenda PURCHASING MANUAL [CITY OF DEKALB] PURCHASING MANUAL CITY OF DEKALB PURCHASING MANUAL TABLE OF CONTENTS Section I - Overview .................................................................................................................................... 4 Introduction/Statement of Policy .............................................................................................................. 4 Section II – Purchasing Policies ................................................................................................................. 5 Code of Ethics ........................................................................................................................................... 5 Conflict of Interest Policy ......................................................................................................................... 5 Gifts and Gratuities – City Guidelines for Accepting ............................................................................... 6 Capital Assets............................................................................................................................................ 7 Approval of City Purchases ...................................................................................................................... 7 Signing of Contracts ................................................................................................................................. 7 Section III – Competitive Quotes and Exceptions to the Policy.............................................................. 8 General Policy for Soliciting Quotes ........................................................................................................ 8 Joint Purchasing ........................................................................................................................................ 8 State of Illinois....................................................................................................................................... 8 Other Units of Government ................................................................................................................... 9 Sole Source Purchases .............................................................................................................................. 9 Emergency Purchases Policy .................................................................................................................... 9 Request for Professional Services ........................................................................................................... 10 Service Contracts .................................................................................................................................... 10 Waiver of Competitive Bidding .............................................................................................................. 11 Local Vendors ......................................................................................................................................... 11 Section IV – The Bidding Process............................................................................................................ 11 Bidding Procedures ................................................................................................................................. 11 Premature opening of bids ................................................................................................................... 12 Criminal Compliance Code ................................................................................................................. 12 Change Orders ..................................................................................................................................... 13 Prevailing Wage Act ............................................................................................................................ 13 Public Contracts - Illinois Municipal Code ......................................................................................... 14 Specifications, Preparation and Bid Award ......................................................................................... 14 Section V – Purchasing Procedures......................................................................................................... 14 Regular Purchase Orders......................................................................................................................... 14 Open Purchase Order Agreements .......................................................................................................... 15 Issuance of Purchase Orders ................................................................................................................... 15 New Vendors .......................................................................................................................................... 16 2 [CITY OF DEKALB] PURCHASING MANUAL Manual Checks........................................................................................................................................ 16 Purchasing Cards .................................................................................................................................... 16 Petty Cash ............................................................................................................................................... 16 Section VI – Miscellaneous Purchasing Policies and Guidelines .......................................................... 17 Use of Sales Tax Exemption Number ..................................................................................................... 17 Use of Outside Contractors or Vendors .................................................................................................. 17 Equal Opportunity................................................................................................................................... 17 3 [CITY OF DEKALB] PURCHASING MANUAL Section I - Overview Introduction/Statement of Policy The City of DeKalb is governed by both state laws and local ordinances with regards to purchasing policies and procedures. Many of these laws and ordinances have been enacted to conserve tax dollars and to protect the public from fraudulent practices. While laws and ordinances can help to achieve these goals, a higher public purchasing standard must be implemented to protect the public trust. The purchasing policies and procedures of the City of DeKalb have been developed with this standard as the highest priority. The City of DeKalb has adopted the provision of Illinois Statutes commonly called the “Budget Officer Act” whereby an annual budget is adopted in lieu of an appropriation ordinance. The annual budget includes all City operating units and is made up of line items for each object of expenditure. When adopted by the Mayor and City Council members, the budget becomes the legal authorization to expend resources for providing City services. Accordingly, all City expenditures must be authorized in the approved budget or in a subsequent amendment. The goal of the City’s purchasing program is to obtain quality goods and services at the lowest possible price. The purpose of this manual is to establish guidelines to achieve this goal within the philosophy stated above. Therefore, the procedures contained in this manual will assist the City Manager and Department Heads in procuring necessary goods and materials in a manner that is consistent with the highest standards of public service. This purchasing manual provides guidelines and directions for the procurement of goods and services. When used with good judgment and common sense, the policies and procedures conveyed within this manual will allow the City to procure required supplies and services efficiently and economically. All purchasing by the City will be in accordance with the Municipal Code, City policy and Illinois law. City employees are expected to conduct themselves in a manner which will lead to public confidence in the integrity of the City’s procurement procedures. The City utilizes a decentralized purchasing process. Purchasing activities (specification preparation, bid reviews, telephone quotation solicitation, and requisition preparation) are the responsibility of each department and must be conducted within procedures established by this policy. The City will make every effort to purchase services, commodities, or materials from vendors located in DeKalb if these vendors are competitive in price and quality. The City encourages the use of environmentally friendly products. Priority shall be given to these products provided the products are competitive in price and quality. It shall be the policy of the City to participate in joint purchasing cooperative such as the State of Illinois joint purchasing program to the extent such program provides an economic advantage to the City. This manual is designed to be a fluid document and will be amended from time to time to conform to changes in legislation, technology and actual practice. Employees who need assistance with specific purchasing situations not covered by the Purchasing Manual should contact the Finance Director. 4 [CITY OF DEKALB] PURCHASING MANUAL Section II – Purchasing Policies Code of Ethics All City personnel engaged in purchasing and related activities shall conduct business matters with the highest level of integrity. Transactions relating to expenditure of public funds require the highest degree of public trust to protect the interests of residents and business owners of the community. City employees are expected to conduct themselves in the following manner: 1. Ensure that public money is spent efficiently and effectively and in accordance with statutes, regulations, and City policies. 2. Not accept gifts or favors from current or potential suppliers, which might compromise the integrity of their purchasing function. 3. Specify generic descriptions of goods whenever possible in lieu of brand names when compiling specifications. 4. Never allow purchase orders for similar or like goods or services to be split into smaller orders to avoid required approval or in any manner that would circumvent this Policy or applicable law. 5. Purchase without favor or prejudice. 6. Ensure that all potential suppliers are provided with adequate and identical information upon which to base their proposal or quotation and that any subsequent information is made available to all bidders. 7. Establish and maintain procedures to ensure that fair and equal consideration is given to each proposal or quotation received and selection is based upon the lowest total cost compliant bid. 8. Provide a prompt and courteous response to all inquiries from potential or existing suppliers. It shall be the responsibility of the City Manager or his/her designee to determine if a violation of this Code of Ethics has occurred and if any disciplinary action is necessary. Section II – Purchasing Policies Conflict of Interest Policy Except as may be disclosed to and permitted by the City Council, it shall be a breach of ethical standards for any employee to participate directly or indirectly in the purchasing process when: 1. The employee is contemporaneously employed by a bidder, vendor or contractor involved in the procurement transaction; or 2. The employee, the employee’s domestic partner, or any member of the employee’s immediate family holds a position with a bidder, proposer or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest in the company; or 3. The employee, the employee’s domestic partner, or any member of the employee’s immediate family has a financial interest arising from the procurement transaction; or 5 [CITY OF DEKALB] PURCHASING MANUAL 4. The employee, the employee’s domestic partner, or any member of the employee’s immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, vendor or contractor. 5. The employee must disclose immediately to his/her manager and/or the City Manager if the company providing services to the City is a family member of the current employee(s). The City Manager will then determine if there is a conflict of interest based on the services provided to the City. The employee’s immediate family shall be defined as a spouse, children, parents, brothers and sisters, and any other person living in the same household as the employee. It shall be the responsibility of the City Manager or his/her designee to determine if a violation of this Conflict of Interest policy has occurred and if any disciplinary action is warranted. Section II – Purchasing Policies Gifts and Gratuities – City Guidelines for Accepting City personnel should be aware that offers of gratitude from vendors could be designed to compromise objective judgment in product or service selection. Accordingly, it is City policy to observe the highest standards of ethics and to shield the employee, the City and the vendor from any suggestion or appearance of conflict of interest. No employee shall permit any influence by vendors, which could conflict with the best interest of the City, or prejudice the City's reputation. Expenditures of City funds to vendors shall not by intention personally benefit any person employed with the City. Employees shall strive to follow the following guidelines: 1. Tangible gifts or gratuities shall not be accepted where their value suggests something more than merely a social gesture. Such gifts should be returned with a statement of City policy. Promotional or advertising items of nominal value such as key chains, pens, coffee mugs, calendars and holiday candy are acceptable, to the extent permitted by Illinois law. Gifts that are capable of being shared, such as a box of chocolates, shall be shared within the office or section where the recipient works. 2. Association with vendor representatives at business meals or business organization meetings is occasionally necessary and is neither questionable nor unethical, provided the individual keeps himself/herself free of obligation. 3. Personal loans of money or equipment are not to be accepted from a vendor or an individual associated with a vendor doing business with the City. 4. Solicitation of vendors for merchandise or certificates to serve as door prizes or favors is normally prohibited. However, the City Manager may approve exceptions. 5. Corporate discounts granted to City employees are acceptable only if they are offered to all City employees and other corporate clients of the vendor. If in any doubt about the propriety of accepting a gift, the matter should be referred to the Department Head who will, if necessary, discuss the matter with the City Manager or his/her designee. 6 [CITY OF DEKALB] PURCHASING MANUAL Section II – Purchasing Policies Capital Assets Certain purchases will be recorded in the City’s records as capital assets. Capital assets shall include land, land right-of-way, land improvements, buildings, building improvements, construction in progress, machinery, equipment, furniture, vehicles, software, easements, and infrastructure such as roadways, storm sewers, water mains, etc. that meet the following criteria: 1. The asset must be either tangible, software, or an easement. 2. The asset must provide a benefit for more than one fiscal year. 3. The acquisition cost of the asset must be greater than or equal to $25,000.00. Section II – Purchasing Policies Approval of City Purchases No employee shall purchase goods or services on behalf of the City without first seeking approval as required by this policy. All purchases shall require advance approval of the appropriate Supervisor, Department Head, the Finance Director and the City Manager in accordance with the guidelines described below: Dollar Limits Required Approvals Under $5,000 Supervisor and Department Head $5,001-$10,000 Supervisor, Department Head and Finance Director $10,001 - $19,999 Supervisor, Department Head, Finance Director and City Manager $20,000 & Above Department Head, Finance Director, City Manager and City Council members Approval for purchases shall occur before the purchase is made. At the discretion of the Department Head, approval levels for Supervisors may be increased to an amount not to exceed the Department Head’s authority. In addition, any person responsible for approving purchases at any level may delegate his or her approval authority to a designee in the event he or she is unavailable to approve purchases. The Finance Director, or his/her designee, is responsible for determining if an item is budgeted, if adequate funds are available and if proper purchasing procedures have been followed. The Finance Director or his/her designee shall also be responsible for reviewing and initialing all purchase orders prior to the order being placed to ensure accurate authorization. If any City purchase increases the total cost of an item over $20,000 for the current fiscal year, the purchase request must be presented to Council for approval prior to ordering. Section II – Purchasing Policies Signing of Contracts All contracts must be executed by the City Manager, except as may be directed by the City Council. It must be remembered that a contract is a legal document and must follow a prescribed procedure for implementation. 7 [CITY OF DEKALB] PURCHASING MANUAL All contracts, to be valid, must be signed by an authorized representative of the company to supply the services and an authorized representative of the City. The City Manager, or such other person as may be authorized by the City Council members, may enter into a contract for the City, provided that all applicable procedures (such as formal bidding, bid waivers, and quotations) have been met. A copy of the contract is to be immediately forwarded to the City Manager’s Office and Finance Director, or his/her designee after being executed. Section III – Competitive Quotes and Exceptions to the Policy General Policy for Soliciting Quotes Employees are responsible for obtaining quotes for purchases in the instances outlined below. When submitting a purchase requisition prior to purchase, all quotes shall be attached to the requisition. These requisitions are to be sent to the Finance Director, or his/her designee for review. The limits shall include all costs involved with a purchase, including shipping, installation, etc. Requisitions submitted without the required quotes or a satisfactory explanation of why quotes were not obtained (e.g. sole source, emergency, standardized vendor, etc.) will be returned to the originator without approval. Up to $5,000 Day-to-day purchasing may be done without prior approval; the responsibility still exists for making the most economical purchases. Price checks and surveys must be made from time to time to ensure that the price being paid is the best price available and that the quality is the best that is required. $5,001 - $19,999 Three written quotes. The quotes must be listed in the purchase order as well as attached. Hard copies shall be obtained and retained in the department’s files for auditing purposes. $20,000 & Above Must be competitively bid where required in accordance with State law and City ordinances. City Council approval is required for all contracts above $20,000. For projects requiring competitive bidding under State law, if circumstances do not permit competitive bidding (e.g. sole source provider), City Council waiver of competitive bidding is required. Items purchased more than once during a fiscal year (e.g. forms, copier supplies, etc.) do not need quotes every time a purchase is made. However, competitive quotes for these items shall be sought at least once each year to ensure that vendors are competitive. Section III – Competitive Quotes and Exceptions to the Policy Joint Purchasing State of Illinois The State of Illinois Purchasing Program develops specifications, conducts bid processes, makes awards, creates contracts and publishes contracts on the Illinois Procurement Bulletin. When available through the State program, City employees may consult with the City Manager to enter into purchases for these items. However, employees shall be responsible for ensuring that the goods or services are of a quality sufficient to meet the City’s needs and that pricing is competitive. 8 [CITY OF DEKALB] PURCHASING MANUAL Other Units of Government Periodic checks of what other municipalities are paying can confirm whether the City is receiving a good price. If a neighboring municipality is contemplating the bidding of a particular item, which is also to be bid by the City of DeKalb, the joining of the two municipalities could result in a lower price. The City Manager should be consulted before entering into any purchases for these items. Section III – Competitive Quotes and Exceptions to the Policy Sole Source Purchases The following purchases or contracts whose estimated cost is in excess of $5,000 shall not require written specifications or competitive bidding. 1. Purchases which may only be made from a single source; 2. Purchases for additions to and repairs and maintenance of personal property owned by the City which may be more efficiently added to, repaired or maintained by a specific person; 3. Purchases of personal property which are compatible with the existing equipment or systems owned by the City; 4. Purchases which can be made at a public auction, close-out sale, bankruptcy sale or other similar sale at a cost below the market cost in the community; 5. Purchases where an emergency immediately affects the public health, safety or welfare if authorized by the Department Head and City Manager or his/her designee. Upon cessation of the emergency, the Department Head and City Manager or his/her designee shall inform the corporate authorities by a full written account of the contracts entered into or purchases made pursuant to this subsection; 6. Contracts for the services of individuals possessing a high degree of professional skill; 7. Contracts for the printing of bonds, tax warrants and other evidences of indebtedness; 8. Purchases, which because of the unique characteristics of the personal property or the needs of the City are not susceptible to competitive bidding; 9. Contracts with options to renew for additional periods of time at a fixed price. Section III – Competitive Quotes and Exceptions to the Policy Emergency Purchases Policy Emergencies are defined as events that could not have been foreseen where immediate action is necessary to safeguard the public’s health and safety. In the event of an emergency affecting the public health and safety, the Department Head and City Manager or his/her designee may authorize a vendor to perform work necessary to resolve such emergency without formal bid solicitation. If an “emergency” has been declared by the City Manager and/or Mayor, the following guidelines will be observed: 9 [CITY OF DEKALB] PURCHASING MANUAL 1. All emergency purchases up to $5,000 in estimated cost can be consummated by employees designated to purchase by their department head. 2. Those emergency purchases with an estimated cost of $5,000 to $10,000 for good and services require verbal approval of the Finance Director or a designee prior to expenditure. 3. Those emergency purchases with an estimate cost of $10,000 to $20,000 for goods and services require the verbal approval of the City Manager or a designee prior to expenditure. Purchases in excess of $20,000 for goods and services require the verbal approval of the City Manager or a designee with immediate notification to the City Council. 4. A purchase order must be completed for purchases greater than $5,000. All purchase orders and receipts related to the emergency must be noted so. Section III – Competitive Quotes and Exceptions to the Policy Request for Professional Services Certain professional service contracts and agreements may be accomplished through requests for proposals (RFPs) which are considered by the City to be those which, by their nature, are not adapted to award by competitive bidding; although should the City have an existing and satisfactory relationship with a firm, contractually present or not, this provision may be waived upon City Manager approval. This would include such services as auditing, engineering, planning, legal, appraising, architectural, medical, psychological, marketing, risk management, bond issuance, and similar type services of individuals possessing a high degree of professional skill where the ability of the individual plays an important role. These contracts or agreements may be entered into without formal bidding with the approval of the City Manager for amounts up to $20,000. The City Council must specifically approve any contract in excess of $20,000. Section III – Competitive Quotes and Exceptions to the Policy Service Contracts From time to time, the City enters into contracts for essential services. The purposes of these contracts are varied and often require bids or bid waivers. Contracts are often entered into without bids. When bids are waived, a contract is entered into through negotiation or acceptance of a proposal from the vendor who wishes to supply the service. In most cases where bids are waived, the same legal requirements as in a bid situation still apply. It must be remembered that a contract is a legal document and must follow a prescribed procedure for implementation. All contracts, to be valid, must be signed by an authorized representative of the company to supply the services and an authorized representative of the City. The City Manager, or such other person as may be authorized by the City Council members, may enter into a contract for the City, provided that all applicable procedures (such as formal bidding, bid waivers, and quotations) have been met. A copy of the contract is to be immediately forwarded to the City Manager’s Office and Finance Director, or his/her designee after being executed. A non-expiring contract may be entered into in the same manner as a contract with an expiration date provided that a clause is inserted into the contract allowing the City to terminate the contract within 30 to 90 days upon proper notification by the City to the vendor to do so. 10 [CITY OF DEKALB] PURCHASING MANUAL All contracts must have their terms, such as dates and fees, defined. Procedures for applying for cost overruns of the contract must be specifically spelled out. The vendor must agree to protect, indemnify, hold and save harmless and defend the City of DeKalb against any and all claims, costs, actions and expenses, including but not limited to attorney’s fees incurred by reason of a lawsuit or claim for compensation arising in favor of any person, including the employees or officers or independent contractors or subcontractors of the first and second parties, on account of personal injuries or death, or damages to property occurring, growing out of, incident to, or resulting directly or indirectly from the performance by the vendor hereunder, whether such loss, damage, injury or liability is contributed to by the negligence of the City of DeKalb whether latent or patent, or from causes whatsoever, except that the vendor shall have no liability or damages or the costs incident thereto caused by the sole negligence of the City of DeKalb. Only the person with the spending authority has the ability to waive strict compliance with those requirements, where deemed to be in the best interest of the City. To keep in force, to the satisfaction of the City of DeKalb, at all times during the performance of the work referred to above, Commercial General Liability Insurance and Automobile Liability Insurance with Bodily Injury limits of not less than $1,000,000 and Property Damage Insurance with limits of not less than $1,000,000. The vendor agrees that at any time upon the demand of the City of DeKalb proof of such insurance coverage will be submitted to the City of DeKalb. There shall be no additional charge for said insurance to the City of DeKalb. The Finance Director shall review the required insurance specifications annually and adjust when necessary. Section III – Competitive Quotes and Exceptions to the Policy Waiver of Competitive Bidding In certain circumstances, a Department Head may believe that the best interests of the City would be served by a purchase from one particular vendor despite the amount of the purchase being in excess of $20,000. In this instance, a Request for Bid Waiver must include adequate justification and be forwarded to the City Manager. After review and concurrence, a Request for Bid Waiver shall be forwarded to the City Council for final consideration. Section III – Competitive Quotes and Exceptions to the Policy Local Vendors When securing price quotations, Department Heads shall, to the extent practicable, solicit quotations from qualified vendors located in the City of DeKalb. No price preference will be given to local businesses; however, if everything else is equal between two or more possible vendors, the DeKalb-based vendors shall rate preference. Section IV – The Bidding Process Bidding Procedures Having recognized the need for formal bid letting, the following process is to be followed: The requesting department prepares the specifications for the item to be let for bid. The department head arranges the specifications into proper format and prepares the other needed documents to complete the bid invitation package. Required documents of a bid invitation package are: 11 [CITY OF DEKALB] PURCHASING MANUAL • Cover letter / Invitation to Bid • Specifications of the item / service to be bid (including maps drawings and/or any other pertinent documents) • Proposal Form • General instructions to bidders • Bidder’s Certification Form(s) (i.e. non-collusion, bid rigging or bid rotation, sexual harassment, tax compliance, etc.) • Special Provisions The department head arranges for a bid opening date. The date must be at least ten calendar days from the published notification date, but not more than 45 calendar days. The department head is responsible for placing a legal notice concerning the bid in a local newspaper of general circulation at least ten calendar days prior to the bid opening. Additional notices can be placed on Trade websites or other vehicles of communication that might be deemed pertinent. The department head sends bid invitations to all known responsible vendors on the bidder's list for the particular item as well as to any other prospective bidder. If a bid package is costly to reproduce, a nominal charge for the package may be assessed. The department head (or designee) and the Administrative Associate in the City Manager’s Office are present at the bid opening. The department head reviews the bids and decides upon the lowest, responsible, bidder. Then makes a recommendation to the City Manager and writes the Council Agenda Memo for this purpose. If the bid falls under the guidelines necessary for credit checks, the recommended bidder may be subject to those guidelines. Bids received by way of facsimile machine and email are unacceptable and will not be acknowledged. Bids received after the due date and time are to be returned unopened to the bidder with a cover letter stating date and time the "Bid" was actually received. Premature opening of bids In the event of a sealed bid being opened prior to the determined date and time for such opening, the person shall submit a written affidavit to the Finance Director or his/her designee stating the time of the premature opening and the circumstances causing such premature opening, and stating as fact that the information contained in the bid documents has not been disclosed to the public, any potential bidder, or any City employee. The Finance Director or his/her designee will then reseal the bid, to be opened at the appropriate time. Criminal Compliance Code In all areas of a public bid letting, the provisions of Public Act 85-1295, amending the criminal code of the Illinois Revised Statutes, regarding bid rigging and collusive activities shall be strictly followed. 12 [CITY OF DEKALB] PURCHASING MANUAL Requirements of this act are as follows: 1. A certification form shall be included in all bid invitations packages. This form shall immediately follow the bid proposal form in the package. All bidders must properly execute this form as prescribed and attach it to the bid proposal form in their sealed envelope. 2. The failure of a bidder to submit this form with the bid shall render the bidder to be non-responsible. a. The submission of the certification after the bid opening will not be acceptable. b. Additionally, each bidder shall be responsible for signing a non-collusion certificate 3. Each bidder may submit written questions to be answered in an addendum shared with all prospective bidders. The Special Provisions portion of the bid package shall state those City representatives that may speak to a potential bidder in the period between the time of the initial bid mailing and the bid opening date and time. No more than three City employees may be designated to speak for the bid. These employees shall be: 1. Assistant City Manager 2. The affected department head 3. An employee subordinate to the department head and appointed by the department head. Only the criteria stated in the bid invitation package may be used in the process of determining the successful bidder. Change Orders Subsequent to a bid award, change orders may be found to be necessary. a. The Department Head may approve any change orders in an amount up to $5,000. The Finance Director must approve all change orders between $5,000 and $10,000. Any change order in excess of $10,000 must be submitted to the City Manager for approval by the Council. If any change order increases the total over $20,000 the contract must be presented to Council for approval. b. Requests for change orders must state that the circumstances said to necessitate the change were not reasonably foreseeable at the time the contract was signed, were not within the contemplation of the contract as signed, or are in the best interest of the City of DeKalb. c. Notwithstanding any provision of this Policy to the contrary, a change order must be authorized by the City Council if there is an increase (decrease) in time of completion by 30 days or more, or if otherwise required pursuant to the applicable contract or agreement. Prevailing Wage Act This act requires in all construction contracts entered into for public works construction projects that the prevailing wages, as issued by the Illinois Department of Labor for DeKalb County, be paid to all laborers, workers and mechanics performing work under the contract. The bid package for such construction contracts shall contain the most recent listing of the said prevailing wages or a link to the website at which such wages are provided. 13 [CITY OF DEKALB] PURCHASING MANUAL 1. A certification form shall be included in all bid invitation packages. This form shall immediately follow the certification form for Public Act 85-1295. All bidders must properly execute this form as prescribed and attach it to the bid proposal form in a sealed envelope. 2. The failure of a bidder to submit this form with the bid will render the bidder to be non-responsive. Also, all contractors conducting work for the City with Federal or State Funds shall abide by the requirements set forth in Section 135 of the Department of the Interior and Related Agencies Appropriation Act for fiscal year 1990 relating to the use of federal monies for lobbying efforts and Public Act 85-1295 relating to bid rigging. In each case, the City Manager’s office shall coordinate, with the department involved in the construction, the incorporation of the appropriate documentation required by the acts. Public Contracts - Illinois Municipal Code Division 42.1 of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq., prohibits Illinois municipalities from entering into a contract with an individual or entity that is delinquent in the payment of any tax administered by the Illinois Department of Revenue. A certification form shall be included in all bid invitation packages. This form shall immediately follow the certification form required by the statute. All bidders must properly execute this form as prescribed and attach it to the bid proposal form in their sealed envelope. Specifications, Preparation and Bid Award In all cases, the requesting department is responsible for the initial specification preparation for bids. The Finance Director will assist the department as needed or requested but it is generally held that the requesting department has the best knowledge of what is needed. Specifications may not be developed in a manner intended to specifically exclude a potential bidder on a technicality or developed in such a manner that only one bidder is possible. Specifications must be broad enough to invite competition but yet not be so loose as to invite a potentially low bid on an item that is not desired or not in the best interests of the City. The bid award is to be made to the lowest responsible bidder. The determination of the “lowest responsible bidder” is a matter of the sound and reasonable discretion of the City based on, among other items, the credentials, financial information, bonding capacity, insurance protection, qualifications of the labor and management of the firm, past experience, ability to meet all specifications and ability to complete the contract in a timely manner. The responsible bidder shall not have any outstanding debts owed to the City of DeKalb in order to qualify for the bid award. Upon execution of the agreement, the department will provide a copy to the Finance Department and City Manager’s office. Following the award of a bid by the City Council, the department head sends a purchase order to the successful bidder. If the bid was for several items or materials to be purchased over a period of time, the department head notifies the successful bidder by letter with a copy to the Finance Department so that a purchasing procedure can be established. Section V – Purchasing Procedures Regular Purchase Orders A purchase order must be prepared for the following purchases: 1. Any purchase of goods or services of $5,000 or above 14 [CITY OF DEKALB] PURCHASING MANUAL 2. Any purchase from a source determined by a formal bid, bid waiver, or formal quotation 3. All open purchase orders when it is anticipated that the cumulative purchases for the year will exceed $5,000. A not to exceed amount needs to be included. 4. Any capital outlay item 5. Any case where the vendor requires a purchase order. In this case, purchase orders for less than $5,000. All purchase orders must have the price of goods stated along with an easily understood explanation of the item or service being purchased. If it is absolutely impossible to list the exact price, an estimate price may be used with the letters, “EST” placed above the price. Freight charges should be included on the purchase order or must be noted, “Includes Freight”. Capital Improvements or Contracted Services do not require a purchase order (i.e. MFT – Road Repairs, Nicor, ComEd, Waste Management, etc.) Section V – Purchasing Procedures Open Purchase Order Agreements In certain circumstances, where vendors are used frequently, an open purchase order may be set up at the beginning of the year as approved by the Department head. A purchase order form must be approved by the following before initiating any purchase: Dollar Limits Required Approvals Under $5,000 Supervisor and Department Head $5,001-$10,000 Supervisor, Department Head and Finance Director $10,001 - $19,999 Supervisor, Department Head, Finance Director and City Manager $20,000 & Above Department Head, Finance Director, City Manager and City Council members Section V – Purchasing Procedures Issuance of Purchase Orders Purchase orders shall be requested by each City department for purchases of all materials, supplies, equipment, and services in excess of $5,000 with the exception of those previously identified. A purchase order shall be prepared by the Finance Director, or his/her designee after all requisitions have been reviewed and approved by the appropriate approval levels prior to the issuance of the purchase order. In the event of emergency purchases or where goods or services have been received, the purchase order should be marked “Confirmation.” Fund availability is checked and approved by the Finance Director, or his/her designee and forwarded to the Department for distribution. 15 [CITY OF DEKALB] PURCHASING MANUAL After the goods or services have been received, the Department will verify the order and the unit price authorized, attach a copy of the purchase order to the invoice for payment. Section V – Purchasing Procedures New Vendors New vendors will be required to provide a W-9 to the Finance Department. Section V – Purchasing Procedures Manual Checks Manual checks are interim checks issued to vendors as payments for goods delivered or services performed. The checks are issued between normal accounts payable cycles when an emergency or other extenuating circumstance as determined by the Finance Director and makes it impractical or unreasonable to process the payment following normal payment methods. Manual checks are labor intensive and time consuming to issue; therefore, their use as a method of payment shall be restricted to unique or special circumstances. All requests for manual checks must be accompanied by a written request with an explanation in the as to need for the check from the Department Head. If an invoice is not available, the request will need to include the vendor’s name and address, the general ledger number against which it is being charged, and a description of the item purchased. All manual checks must be approved by the Finance Director. Section V – Purchasing Procedures Purchasing Cards The City may authorize the use of purchasing cards to department heads as needed, and may also issue them to certain designees within the department (supervisors, maintenance staff, etc.). The same purchasing requirements will apply as indicated above. At the time the bill is received for the month’s purchases, each department head will submit the bills. Abuse of this system for personal use may lead to discipline up to and potentially including immediate termination. Section V – Purchasing Procedures Petty Cash Petty Cash funds are established to pay for infrequent purchases that are under $50.00 and require immediate payment. Tolls, parking, filing costs, etc. are traditional expenses that fall into this category. Department heads must approve the Petty Cash reimbursement vouchers. Petty Cash funds have been established in the following departments: Finance, Airport, Fire and Police. Finance Director, or his/her designee will conduct quarterly audits of the Petty Cash funds established in each department. A petty cash slip must be completed, countersigned by the department head or his/her immediate subordinate, and accompanied by a receipt. These receipts should be reconciled and sent to the Finance Department by the Department Head on a monthly basis for reimbursement. No department may establish a petty cash fund without the express consent of the Finance Director, or his/her designee. 16 [CITY OF DEKALB] PURCHASING MANUAL Section VI – Miscellaneous Purchasing Policies and Guidelines Use of Sales Tax Exemption Number City purchases are not subject to sales tax; therefore, employees shall make efforts to inform vendors of the City’s tax exempt status and to ensure that sales tax is not paid for purchases made with petty cash or credit cards. Employees shall provide vendors with a sales tax exemption form upon request by Finance Department. Use of the City’s sales tax exemption number is restricted to purchases made on behalf of the City. State law prohibits use of the City’s sales tax exemption number for personal reasons. Purchases where sales tax is charged will be the responsibility of the Department Head to work with the vendor on issuing a credit. Section VI – Miscellaneous Purchasing Policies and Guidelines Use of Outside Contractors or Vendors Illinois Department of Revenue regulations allow contractors to use the City’s sales tax exemption number to purchase materials used in construction of public improvements, which will be eventually dedicated to the City. Use of the exemption number is limited to purchases directly related to work being done on behalf of the City. Contractors are responsible for any tax due on purchases determined to be non-exempt and for purchases not made on the City’s behalf. Requests by contractors for the City’s sales tax exemption number shall be forwarded to the Finance Director, or his/her designee. In order to obtain the number, the contractor shall be required to complete and submit to the City a sales tax exemption authorization request, which includes the supplier’s location and a list of materials to be purchased. After the proper request has been received, the City will provide the contractor with a sales tax exemption certificate. Section VI – Miscellaneous Purchasing Policies and Guidelines Equal Opportunity When applicable, contractors shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., as amended, and any rules and regulations promulgated in accordance therewith, including, but not limited to the Equal Employment Opportunity Clause, Illinois Administrative Code, Title 44, Part 750 (Appendix A). Furthermore, the Contractor shall comply with the Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq., as amended. 17 Return to Agenda To: Finance Advisory Committee From: Cathy Haley, Finance Director Date: 3/31/2015 Re: Amended Investment Policy The Investment policy is an existing policy for the City of DeKalb but will be newly incorporated in to the Financial Polices upon approval of the City Council and incorporated in to the final budget document. This will be Financial Policy Number 01- 07. The following updates were made to the existing policy: 1. Changed references to “Comptroller/Treasurer” to “Finance Director or his/her designee” 2. Updated Collateral section 1.09 to include “In addition, the value of the pledged collateral must be marked to market monthly, or more frequently depending on the volatility of the collateral pledged. Last, the City requires that the amount of collateral pledged equal 110% of the uninsured amount on deposit.” 3. Updated Reporting section 1.12 as follows: 1.12 Reporting The Finance Director or his/her designee Comptroller/Treasurer shall prepare a monthly investment and bank balance report for City Council that provides:. The Comptroller/Treasurer shall prepare a quarterly statement of the portfolio investments, their book value, and market value to the Finance Committee as delegated by the City Council. Additionally, an annual report should be provided to the City Council that provides: 1. Cash balances held at the end of the month; 2. A listing of individual securities and corresponding maturities held at the end of the reporting period. 3. The percentage of the total portfolio which each type of investment represents. 4. Inception-to-date yields as of the end of the previous fiscal year for each individual security. 5. Average weighted inception-to-date yield to maturity of the entire portfolio as compared to applicable benchmarks. Subject: Investment Policy Policy Number: 01-07 Date: Purpose: 1.01 Policy It is the policy of the City of DeKalb to invest public funds in a manner that will conform to state statute, maximize security, meet daily cash flow demands, and attempt to attain a market rate of return. 1.02 Scope This policy includes all funds governed by the City Council and, except for cash in certain restricted funds, the City of DeKalb will consolidate cash balances to maximize investment earnings. Investment income will be allocated to the various individual funds based on their respective participation. Interest income derived from non-fund specific consolidated bank accounts will be attributed to the General Fund. 1.03 Objectives The primary objectives of the City of DeKalb's investment activities are, in order of priority: A. Safety of principal Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio, while mitigating credit and interest rate risks, as defined below: 1. Credit Risk, that is, the risk of loss due to the failure of the security issuer or backer. It may be mitigated by:  Limiting investments to the safest types of securities;  Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisors with which the City will do business; and  Diversifying the investment portfolio so that potential losses on individual securities will be minimized. 2. Interest Rate Risk, that is, the risk that the market value of securities in the portfolio will fail due to changes in general interest rates. It may be mitigated by:  Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and  By investing operating funds primarily in shorter-term securities B. Liquidity, so as to meet all operating requirements that may be reasonably anticipated, the portfolio shall consist largely of securities with active secondary or resale markets (dynamic liquidity). C. Yield, with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments shall be limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions: 1. a declining credit security could be sold early to avoid loss of principal; 2. a security swap would improve the quality, yield, or target duration in the portfolio; or, 3. liquidity needs of the portfolio require that the security be sold. 1.04 Standards of Care A. Prudence The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers and employees of the City of DeKalb, while acting in good faith in accordance with this investment policy and any written procedures as might be established, shall be relieved of personal liability for an individual security’s credit risk or market price changes. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. B. Ethics and Conflicts of Interest City of DeKalb employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. They shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity. C. Delegation of Authority Authority to manage the investment program is granted to the authorized municipal official described in Chapter 54 of the DeKalb Municipal Code. Responsibility for the operation of the investment program is hereby delegated to the Finance Director or his/her designee, who shall carry out established written procedures and internal controls for the operation of the investment program consistent with this investment policy. These procedures shall include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements collateral/depository agreements and banking services contracts. All investments shall follow the investment plan designed and approved by the Finance Director or his/her designee prior to execution. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the DeKalb City Council. The City Manager, as Chief Financial Officer, shall be accountable for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 1.05 Safekeeping and Custody All trades where applicable will be executed by Delivery vs. Payment (DVP). This shall ensure that securities are deposited in the eligible financial institution prior to the release of funds. Securities will be held by a third party custodian as evidenced by safekeeping receipts. 1.06 Authorized Financial Dealers and Institutions A list shall be maintained of financial institutions authorized to provide investment services to the City of DeKalb, as well as a list of approved security broker/dealers (or their respective custodial clearing firm) selected for creditworthiness (minimum capital requirement of $10,000,000 and at least five years of operation). These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission rule 15C3-1 (uniform net capital rule). All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the following (as appropriate): 1. audited financial statements 2. proof of National Association of Securities Dealers (NASD) certification 3. proof of state registration 4. completed broker/dealer questionnaire 5. certification of having read the City of DeKalb’s investment policy and that all investments will comply with the policy An annual review of the financial condition and registration of qualified bidders will be conducted by the Finance Director or his/her designee. 1.07 Internal Controls The Finance Director or his/her designee is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Finance Director or his/her designee shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: 1. Prevention of collusion 2. Separation of transaction authority from accounting and record keeping. 3. Custodial safekeeping (Securities purchased from any bank or dealer including appropriate collateral, as defined by State Law, shall be placed with an independent third party for custodial safekeeping). 4. Avoidance of physical delivery securities. 5. Clear delegation of authority to subordinate staff members. 6. Written confirmation of telephone transactions for investments and wire transfers (may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures). 7. Development of a wire transfer agreement with the lead bank or third party custodian, which shall outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. 1.08 Suitable and Authorized Investments Investment Types Consistent with the GFOA Recommended Practice on State Statutes Concerning Investment Practices, the following investments will be permitted by this policy and are those defined by state law where applicable: 1. U.S. Government obligations, U.S. Government agency obligations, and U.S. Government instrumentality obligations 2. Repurchase agreements 3. Certificates of deposit 4. Savings and loan association deposits 5. Investment-grade obligations of state, provincial and local governments and public authorities 6. Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of domestic securities 7. Statewide investment pools Use of repurchase agreements should be consistent with GFOA Recommended Practices on Repurchase Agreements (see attached "GFOA Recommended Practices"). Consistent with the GFOA Recommended Practice on Use of Derivatives by State and Local Governments, extreme caution shall be exercised in the use of derivative instruments (see attached "GFOA Recommended Practices"). From time to time, the City may choose to invest in instruments offered by minority and community financial institutions. These financial institutions may not meet all the criteria under this section. All terms and relationships will be fully disclosed and authorized by the City Manager prior to purchase and shall be consistent with state or local law. 1.09 Collateralization Funds on deposit (checking accounts, certificates of deposit, etc.) in excess of FDIC or SIPC limits, excluding interest, must be secured by some form of collateral, witnessed by a written agreement (see the attached "GFOA Recommended Practices"). Pledged collateral shall be held in safekeeping by the Federal Reserve Bank of Chicago (or other independent third party designated by the Finance Director or his/her designee) in the name of the municipality. In addition, the value of the pledged collateral must be marked to market monthly, or more frequently depending on the volatility of the collateral pledged. Last, the City requires that the amount of collateral pledged equal 110% of the uninsured amount on deposit. 1.10 Diversification The City of DeKalb shall attempt to diversify its investments appropriate to the nature of the funds, the purpose for the funds, and the amount available to invest. Diversification can be by type of investment, number of institutions invested in, and length of maturity. 1.11 Maximum Maturities To the extent practicable, the City of DeKalb shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of DeKalb will not directly invest in securities maturing more than 3-years from the date of purchase. Reserve funds may be invested in securities exceeding 3-years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. Regardless of the foregoing, no funds may be invested in securities maturing in excess of 7- years from the date of purchase unless authorized by the City Council. 1.12 Reporting The Finance Director or his/her designee shall prepare a monthly investment and bank balance report for City Council that provides: 1. Cash balances held at the end of the month; 2. A listing of individual securities and corresponding maturities held at the end of the reporting period; 3. The percentage of the total portfolio which each type of investment represents; 4. Inception-to-date yields for each individual security; 5. Average weighted inception-to-date yield to maturity of the entire portfolio as compared to applicable benchmarks. 1.13 Performance Standards This investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should attempt to obtain a comparable rate of return during a market/economic environment of stable interest rates. The portfolio performance should be benchmarked to the return of the 90-day Treasury bill. 1.14 Investment Policy Adoption The investment policy shall be adopted by the City Council. 1.15 Policy Exemption and Amendment Exemption Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such monies shall be reinvested only as provided by this policy. Amendment This policy shall be reviewed on an annual basis. Any changes must be approved by the City Manager and any other appropriate authority, as well as the individual(s) charged with maintaining internal controls. Return to Agenda