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City Council

Regular Meeting

Idaho Falls, ID · December 15, 2025

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City Council Work Session 680 Park Avenue I DAHO Idaho FalIsJD 83402 FALLS Meeting Minutes December 15, 2025 3:00 PM City Council Chambers Call to Order and Roll Call There were present; Mayor Rebecca L Noah Casper Council President Lisa Burtenshaw Councilor John Radford Councilor Michelle Ziel-Dingman Councilor Jim Freeman Councilor Jim Francis {via Teams) Councilor Kirk Larsen Also present: Ian Turner, Airport Director Pam Alexander, Municipal Services Director Mark Hagedorn, Finance Manager/Treasurer Tim McCammon, Procurement & AP Super. Catherine Smith, Economic Development Administrator Zach Jones, City Attorney Emily Geisler, City Clerk Mayor Casper called the meeting to order at 3:04 p.m. with the following items: Airport - Update: Rental Car RFP, Turo, Aviation Worker Screening: Director Turner provided an update on airport rental car operations, new revenue opportunities, and aviation worker screening. The on-airport rental car leases, originally initiated in 2015 and renewed annually since expiring in 2020, were outdated, with aeronautical-rate structures that subsidized rental car operations using parking revenue. To modernize the system, the airport issued an RFP in September to update lease terms, rates, allocate space, and encourage fair competition. Three proposals were received from two entities, resulting in a partial success: updated agreements, revised rental rates, including a $6 per transaction day Customer Facility Charge, and some rebalancing of space. Enterprise Rent-A-Car emerged as the top bidder, followed by Alamo/National and Overland West (Hertz), with projected revenue increasing 11.87% in 2026. Pending agreements, including Enterprise's, are expected to be finalized in January 2026. Turner recommended moving forward with Enterprise's supplemental bid for unawarded space, which allows additional counter and ready-return spaces to address congestion, while Avis/Budget will operate off-site but remain in the market. The three-year agreement is projected to generate $302,511.58 in 2026—a 55% increase over 2025—reflectinghistorically low rates at the airport. The three-year term also provides flexibility for future growth and prevents long-term constraints on airport operations. Competitive considerations, including market share relative to Bozeman, were discussed, along with Turo, a peer-to-peer car-sharing platform, as a disrupter that competes with traditional rental operations. To address Turo, the airport established a formal agreement effective in January, covering revenue, authority, and operations. Turo will use paid airport parking, pay a 10% privilege fee on gross revenue, and be recognized as a valid ground transportation provider. This creates a new revenue stream, estimated at $6,000- $10,000 per month, ensures fair competition with traditional rental operators, and allows better oversight of shared vehicle operations. Combined with the increased rental car revenues, this eliminates the need to subsidize airport operations with parking fees, providing unrestricted funds for capital improvements. Finally, Turner provided an update on aviation worker screening, reporting minimal operational issues and mostly stable costs. Equipment has performed well, staff have adapted effectively, and future changes may occur due to ongoing TSA-related litigation, though operations are considered normal until otherwise directed. 1 City Council Work Session 680 Park Avenue I DAHO Idaho Falls, ID 83402 FALLS Meeting Minutes Municipal Services - Review: Draft Purchasing Policy: (Director Alexander, Mark Hagedorn, Tim McCammon) The review focused on updating, standardizing, and clarifying the City's purchasing and procurement policies, aligning them with state law, federal grant requirements, and internal operational needs. 1. Delegated Authority and Ethics; ● The policy establishes clear delegated authority for purchasing. Any purchase over $100,000 requires City Council approval, while smaller purchases may be authorized by department directors or the Mayor, depending on thresholds. ● Delegation of authority is structured: directors can delegate approvals to the next senior employee within Workday, with HR and finance validation, replacing informal ad hoc approvals. ● Ethical standards and conflict-of-interest rules are emphasized, creating a separate, comprehensive policy to maintain high ethical standards throughout procurement processes. 2. Purchasing Procedures and Thresholds: Purchasing is divided into tiers and types: ● Small Purchases: Under $100,000 (or $10,000 with federal funding), authorized by departments or the Mayor, depending on funding source. ● Semi-Formal Purchases: Between $100,000 and $250,000, allowing quotes or semi-bids; Council approval required above $100,000. ● Formal Purchases: Over $250,000, requiring competitive bidding; design professionals have a slightly lower threshold ($50,000-$100,000) for Mayoral approval. ● Multiple bid types are recognized: lowest price, price plus qualifications, or qualifications only (QBS), with specific rules for professional services versus goods. ● Emergency and urgent response purchases allow expedited procurement with written approval from the Mayor, ensuring critical infrastructure and safety needs are met. 3. Purchase Order Types and Change Orders: ● Multiple purchase order (PO) methods are clarified: field POs for very small purchases, P-cards for small goods, traditional POs, confirming POs, and blanket POs. ● Blanket orders over $100,000 must now go through formal bidding, aligning with state law. ● Change orders and quantity variances (up to 25%) are codified, with tiered approval: director -> Mayor ^ Council. This ensures high-value or frequent purchases are reviewed while routine adjustments remain operationally efficient. ● Procedures for closing POs and monitoring variances are established to maintain financial oversight. 4. Cooperative, Sole-Source, and Federal Procurement: ● Cooperative purchasing and sole-source procurement are formalized, with legal review required for sole- source purchases over $50,000. ● Federal grant compliancelanguage (Uniform Guidance)is included, serving as a reference for departments applying for grants and ensuring adherence to federal standards. ● Past procurement issues (e.g.. Power and Police departments) highlighted the need for clear policy, which this update addresses. 5. Implementation and Cultural Shift: ● Integration with Workday automates workflows, approvals, and audit trails, reducing reliance on informal practices and phone approvals. ● Directors and staff will have a clear reference for purchasing, reducing confusion and "verbal approvals." ● The policy is structured for periodic review: a comprehensive review every two years, with updates as needed to reflect federal or state changes. ● Department directors will receive the policy for feedback before final Council approval, ensuring alignment with practical departmental needs while maintaining legal compliance. 6. Key Benefits: 2 City Council Work Session 680 Park Avenue I DAHO Idaho Falls, ID 83402 FALLS Meeting Minutes ● Provides clarity, consistency, and compliance for all City purchasing. ● Establishes structured delegation and approval pathways. ● Enhances transparency, accountability, and audit readiness. ● Supports efficient daily operations while accommodating emergency and federal funding requirements. ● Standardizes practices across all departments and integrates policy into Workday for automation and documentation. Due to a deadline of 5pm, Mayor Casper asked the group to allow her to skip to one of the topics that was going to be discussed in the last section of the agenda (Mayor and Council Reports). The City received a ballot from ICRMP asking for a vote to replace Mayor Blad in his seat. The two finalists were Berlin and Hillier. The Council agreed to submit Mayor Berlin as their choice. Office of the Mayor, Government Affairs Administrator: Administrator McClure provided an overview of recent and upcoming legislative activities affecting Idaho municipalities and shared insights into government affairs priorities: 1. Legislative Session Preview: o The Idaho State Legislature opens January 12, 2026. Pre-work has included meetings with legislators from districts 27-35, allowing Mayors to discuss legislative priorities and previous laws affecting cities, o Optimism exists regarding potential adjustments to House Bill 389, including the removal or modification of the 80% cap on growth funding and the 75% cap on new construction and annexation. 2. Land Use and Housing Committee Work: o The committee, chaired by Senator Woodward and Representative Redmond, conducted thorough listening sessions across the state, including East Idaho, focusing on manufactured housing, multifamily and single-family housing, zoning, permitting, and incentives, o Recommendationssupport keeping local control overgrowth and housing decisions, with some proposals such as ADUs and fourplexes being allowed in single-family zones by right, o Committee members recognized the importance of impact fees in managing growth effectively. 3. Local Option Tax: o Legislative discussions are ongoing regarding potential adjustments for local option tax eligibility for cities under 15,000 residents, though political concerns could limit progress this session. 4. Budget and State Financial Outlook: o Idaho faces an $80 million deficit and $22.6 million in delayed revenue. Conformity with federal tax law ("Big Beautiful Bill") could cost the state an additional $500 million, potentially affecting reserves, o Major focus areas for the legislative session include Medicaid, education, and the state budget. Other legislation may receive limited attention. 5. Municipal Personnel and Insurance Initiatives: o PERSI legislation may allow employees to step down and be rehired in other roles without a 30- day cooling-off period. An example would be a chief [Fire?] stepping down and being rehired in a lesser role or a smaller community, o Efforts are underway to allow municipalities to join the state-managed insurance pool, potentially producing significant savings for cities like Idaho Falls. 6. Programs and Workforce Development: o Positive momentum continues for programs like LAUNCH, which grants $7,000 to graduating high school seniors for Idaho postsecondary education. 3 City Council Work Session 680 Park Avenue I DAHO Idaho FalIsJD 83402 FALLS Meeting Minutes o Workforce development efforts, particularly in partnership with Micron and INL, aim to maintain a strong local labor pipeline. 7. Recognition and Outreach: o Ms. McClure was featured in an American Planning Association article highlighting her advocacy and planning work. Motion: Council receive the recommendations from the December 9th, 2025, meeting of the Planning and Zoning Commission pursuant to the Local Land Use Planning Act. o Moved by: Councilor Francis o Second; Councilor Dingman o Vote: Aye: Burtenshaw, Dingman, Francis, Freeman, Larsen. Nay: none, o Motion carries, o Note: Councilor Radford had stepped out of the room and was absent for this vote. Mayor and Council: Calendars, Announcements, Events, Reports, Updates. Concerns. Questions, Proclamations. Notes or Minutes from Boards and Commissions: 2026 Calendar Discussion: The City Council conducted a detailed review of the proposed 2026 meeting calendar, focusing on maintaining a predictable meeting rhythm while accommodating holidays, conferences, travel, and quorum concerns. The Council reaffirmed its general practice of avoiding back-to-back meetings where possible and adjusting schedules around major holidays, important training events, and legislative obligations. A key decision was to move regular City Council meeting start times to 6:30 p.m., viewed as a compromise between earlier and later start options that balance public accessibility, staff workload, and meeting length. Staff were directed to prepare an ordinance change to formalize the new start time, with the intent of implementing it beginning in January. The Council reviewed month-by-month scheduling impacts. January and February required several adjustments due to holidays, conferences, and travel, including moving meetings to maintain quorum and consistency. For February, the Council opted to shift work sessions and Council meetings later in the month rather than holding meetings during major conference travel, while still preserving a regular every-other-weekcadence. In March and April, spring break and early budget planning created an uneven meeting pattern, which the Council accepted in order to reduce staff conflicts and travel disruptions. The budget kickoff with department directors and Council was scheduled for early May, slightly later than in prior years but still manageable. To reduce clustering of meetings, the Council adjusted May and June schedules around conferences and holidays. After discussion, June meetings were left as originally scheduled to allow Council members, department directors, and the City Clerk to attend the AlC Annual Conference. May meetings were shifted earlier in the month to avoid the Memorial Day short week and maintain spacing between meetings. In July, the Council reduced the number of dedicated "budget Tuesdays" to create more flexibility for staff and travel, incorporating budget discussions into work sessions where possible. The Public Works/Utilities meeting was scheduled for July 8. For August, a work session was moved from the 17th to the 24th to streamline the schedule. The Council found September and October to be largely standard with no significant changes needed, while November and December will mirror the current year's structure, including leaving the week of Christmas mostly open. 4 City Council Work Session 680 Park Avenue I DAHO Idaho Falls, ID 83402 FALLS Meeting Minutes Finally, the Council agreed to move the Idaho Falls Power Board meeting start time to 8:00 a.m., improving efficiency despite minor scheduling impacts for one member. Mayor Casper: An invitation was shared for the Fire Station No. 6 ribbon cutting on December 22 at 10:00 a.m. Police swearing in the same day in the afternoon. Idaho Falls Power awards breakfast on the 23^'*. Council members received a booklet from the Idaho Conservation League reviewing wastewater treatment plant compliance statewide. The Mayor noted Idaho Falls generally compares well, with only a brief, self-reported compliance issue that was quickly resolved; copies were provided for Council review, with staff available to answer questions. The Mayor noted travel and a meeting on Wednesday, with limited Council attendance. Thursday's Council meeting is expected to be lengthy due to a complex impact fee appeal, and members were advised to be prepared for a long evening. The UTV Parade is scheduled for Friday night at 7:00 p.m. starting at Freeman Park. Council President Burtenshaw ● Dinner tonight for Mayor Casper Councilor Ziel-Dingman, Councilor Francis, Councilor Radford ● Nothing at this time. Councilor Freeman ● Rory Cullen's Retirement Councilor Larsen ● Water tank has one more check mark it needs and is pretty much ready to go. It has water in it, but they are working on some issues. Contract to take down the old tower coming up on the S**’ (January). There being no further business, the meeting adjourned at 5:58 PM. Emily Geisler, Cit' Rebecca L. Noah 5

Agenda

NOTICE OF PUBLIC MEETING Monday, December 15, 2025 I DAHO FALLS City Counci) Chambers City Clerk's Office 680 Park Avenue, Idaho Falls, ID 83402 3:00 p.m. The public is invited to attend. However, the agenda for this meeting does not include an opportunity for public interaction. Limited seating will be available on a first-come, first-serve basis. This meeting will be livestreamed at httos://www.idahofallsidaho.aov/429/Live-Stream. This meeting may be cancelled or recessed to a later time in accordance with law. If you need communication aids or other physical accommodation to participate in or access this meeting, please contact Emily Geisler, City Clerk, at (208) 612-8414 or Lisa Farris, ADA Coordinator, at (208) 612-8323 prior to the meeting. CITY COUNCIL WORK SESSION Times listed in parentheses are only estimates. Call to Order and Roll Call Airport Update: Rental Car RFP, Turo, Aviation Worker Screening (20) Action: Council Direction to Staff (or take other appropriate action) Municipal Services Review: Draft Purchasing Policy (30) Action: Council Direction to Staff (or take other appropriate action) Office of the Mayor, Government Update: 2026 Legislative Preview (30) Affairs Administrator Action: Council Direction to Staff (or take other appropriate action) Mayor, City Council Acceptance or Receipt of Minutes (5) Action: Receive recommendation(s) from the December 9, 2025, meeting of the Planning and Zoning Commission pursuant to the Local Land Use Planning Act Review: 2026 Annual Calendar (15) Action: Council Direction to Staff (or take other appropriate action) Mayor and Council Reports; Calendars; Announcements; Events; Reports; Updates; Concerns; Questions; Discussion; Proclamations; Notes or Minutes from Boards and Commissions (10) Action: Council Direction to Staff (or take other appropriate action) Dated the 12'*^ day of December 2025 P, 0. Box 50220 - 308 Constitution Way - Idaho Falls, Idaho 83405 ● (208) 612-8415 - Internet Homepage Address: www.idahofall5idaho.gov Procurement Policy Effective Date: Responsible Party: January 1, 2026 Director of Municipal Services Next Review Date: January 1, 2028 1. PURPOSE This is to provide for consistency in the City’s procurement practices regardless of funding source and to define the roles and responsibilities of the City Council, Mayor, and other members of City staff in undertaking the City’s procurement activities. 2. POLICY STATEMENT It is the Policy of the City that all procurements undertaken by City staff shall be in compliance with this Policy regardless of funding source. Compliance with this Policy is mandatory for all City staff. Compliance failures, whether noted internally by management or through the external audit process, will be addressed immediately, identifying the reason for the failure, noting staff positions related to the compliance failure, and developing an improved process to ensure future compliance. Follow-up actions required to address the compliance failure will be handled by appropriate City staff. This Policy has been developed in the context of applicable Federal and Idaho State laws and regulations that govern certain elements of the City’s procurement policies, procedures, and practices. If elements of this Policy are found to be in conflict, the City has deemed the Federal Uniform Guidance to be more authoritative, followed by the requirements of Idaho State law and then the requirements of this Policy. This Policy was drafted in accordance with the following legislative framework: 2 Code of Federal Regulations (CFR) Part 200 (and its appendices), also known as the Uniform Guidance, and the Idaho State Code Title 67, Chapter 28: Purchasing by Political Subdivisions (Idaho Code section 67-2800 et al). Changes to Federal and Idaho State laws and revisions to related regulations happen on a regular basis. Such updates are considered by City staff as they occur, and this Policy will be revised accordingly when required. A comprehensive review of and updates to this Policy will occur annually, with a comprehensive review every two years. To the extent that Federal and/or State legislative changes occur prior to comprehensive review or prior to the City’s ability to make revisions to this Policy, such legislative changes shall take precedence over this Policy. 2.1. Budget Authority Budget approval does not constitute procurement authorization, other than contracts explicitly identified and approved within the adopted budget. 2.2. Delegated Authority Through this Policy, the City Council has delegated authority to the Mayor and the Mayor’s designee(s) to negotiate and execute budgeted purchases of up to $100,000, with amounts in excess of that authority requiring City Council approval and signature. The Resolution requires purchases to be made by each City Department Director, the Mayor, or the City Council based on the purchase amount. The authorization amount of each City Department Director varies based on the nature and quantity of routine transactions their respective department encounters annually in the regular course of business. These amounts will be evaluated and adjusted, as needed, each fiscal year upon review of the prior year’s activity. Certain City staff are provided with a City-issued Procurement Card for the purpose of making authorized purchases for goods and certain services within established dollar limits on behalf of the City. For purposes of this Policy, the monthly approval of those purchases by the Procurement PURCHASING POLICY Card account holder’s respective Supervisor and Department Director is deemed to make those purchases compliant with this requirement. 2.3. Compliance, Conflicts of Interest, and Ethics Requirements Substantial Federal and state requirements exist pertaining to standards of conduct and conflict of interest requiring that no employee, officer, Council Member, or agent of the City may participate in the selection, award, or administration of an Agreement supported by a Federal grant award if they have a real or apparent conflict of interest. A conflict of interest would arise when the City employee, officer, Council Member, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a material benefit from a vendor considered for a contract. Solicitation or acceptance of gratuities, favors, or anything of monetary value from contractors or parties to subcontracts paid from Federal funds is also not permitted. It is the intent of the City for all employees, officers, or agents to conduct all activities associated with procurements, whether funded by Federal or City funds, in compliance with the highest ethical standards, including the avoidance of any real or perceived conflict of interest. The City is committed to conducting its affairs in full compliance with the law and with its own policies and procedures, including the City’s Conflict of Interest Code. Any City staff member who becomes aware of a potential or actual conflict of interest should report the conflict of interest to the Mayor, or his or her designee, so that it can be evaluated. Failure to comply with this Policy may result in the employee who initiated the transaction being personally liable for the payment. The employee may also be subject to disciplinary action, up to and including termination, in accordance with the City’s Personnel Policy, as well as legal consequences, such as a misdemeanor charge, fines, and/or imprisonment in accordance with State law. 2.4. Idaho Local Preference Idaho State Code Section 67-2801 requires that the City prioritize purchasing goods and services from vendors or contractors with a significant economic presence in Idaho. To the extent that it is not preempted by Federal law, City staff must consider this requirement when evaluating and selecting vendors or contractors for procurement. 3. PROCEDURES 3.1. Purchasing Category Definitions The following categories of purchases are referenced in this Policy. If questions arise as to the appropriate category for a procurement, particularly complex procurements that may have elements of several categories, the Finance Department should be consulted. 3.1.1. Public Works Construction Pursuant to Idaho State Code Section 54-1901, Public Works Construction (PW Construction) procurements include any construction, modification, improvement, or rehabilitation of any public property including, roads, bridges, water, sewer, power, and fiber infrastructure, public buildings, parks, or other City property. Purchases generally follow design, bid, build procurement procedures. Additional requirements related to PW Construction procurements are referenced in Section 3.5. 3.1.2. Design Professionals Pursuant to Idaho State Code Section 67-2320, Design Professionals procurements include the services for professional engineering, architects, landscape architects, construction 2 PURCHASING POLICY managers, and professional land surveyors. 3.1.3. Goods Goods procurements include items such as equipment, tools, computers, and other items that are not affixed to City property. 3.1.4. Personal Services Pursuant to Idaho State Code Section 67-2810, Personal Services procurements include performance for remuneration by an individual on a specified contractual basis of specialized professional or consultive expertise germane to administration, maintenance, or conduct of governmental activities that require intellectual or sophisticated and varied services, dependent upon facilities, invention, imagination, or a specific talent that cannot otherwise be provided or accomplished. In practice, these include a broad range of varied services consisting of manual labor, such as maintenance, custodial, janitorial, information technology support, and security guard services. These services may also require licensure, extending to plumbing, heating/ventilation/air conditioning, and electrical services. 3.1.5. Professional Services Idaho State Code does not provide a comprehensive definition of “professional services” for political subdivisions beyond design professionals (e.g., architects, engineers, surveyors) as outlined in Idaho Code Section 67-2320. For the purposes of this Policy, Professional Services procurements include specialized professional or consultive expertise requiring technical knowledge such as investing, consulting, accounting, and legal services. 3.2. Purchasing Methods The approval requirements listed for each purchasing method may not be waived and are applicable regardless of funding source. If the City Department Director is unavailable, approval should be obtained by the next highest ranking Department Director’s designee, with notification to the Mayor and Finance Division. If both are unavailable, approval should be obtained from the Mayor, or in the Mayor’s absence, the Mayor’s designee. Staff should refer to the definitions referenced in Section 3.1 of this Policy to ensure that the appropriate purchasing method is selected. For purchases of Goods, PW Construction, or Personal Services, the lowest responsive and responsible bidder must be selected unless one of the Alternative Purchasing Methods described below in Section 3.2.4 is utilized. Design Professionals require a Qualifications- Based Selection (QBS), procuring based upon demonstrated competence, professional qualifications, and experience; however, the proper procurement method outlined below should still be utilized based on the dollar value of the services to be provided. If a Small Purchase utilizes any Federal funding, the Small Purchase threshold is modified as follows: $100,000 Small Purchase is reduced to $10,000. The remaining City thresholds are consistent with the Federal procurement thresholds. Uniform Guidance procurement thresholds apply to each individual procurement action and are not cumulative across multiple purchases or contracts. The term “aggregate amount” as used in Uniform Guidance, 2 CFR Part 200 (and its appendices), refers to the total value of a single procurement transaction, including the base contract and any amendments, not the sum of unrelated purchases over time. Further, when Federal funds are used, the applicability of federal procurement requirements is determined by the total contract amount, not just the portion funded by Federal dollars. 3 PURCHASING POLICY Included below are the three types of authorized purchasing methods as well as a summary of Alternative Purchasing Methods. 3.2.1. Small Purchases No Federal Funding Purchasing Category Purchase Amount Approval By Design Professionals < $50,000 Department or Mayor1 PW Construction < $99,999.99 Department or Mayor1 Goods < $99,999.99 Department or Mayor1 Personal Services < $99,999.99 Department or Mayor1 Professional Services < $99,999.99 Department or Mayor1 1If the amount is in excess of the department’s authority, Mayoral approval is required. 2If the amount is in excess of the Mayor’s authority, City Council approval is required. Federal Funding Purchasing Category Federal Amount3 Approval By Design Professionals < $10,000 PW Construction < $10,000 Goods < $10,000 Department or Mayor1 Personal Services < $10,000 < $10,000 Professional Services N/A City Council2 1If the amount is in excess of the department’s authority, Mayoral approval is required. 2If the amount is in excess of the Mayor’s authority, City Council approval is required. 3If a purchase in any category utilizes any Federal funding, the Small Purchase threshold is reduced to $10,000. Pursuant to the delegated authority by the City Council, the Department or Mayor may approve Small Purchases utilizing any Federal funding. Procurement requirements are detailed in Section 3.6. A City Department Director or the Mayor may make purchases of up to the specified thresholds using the Small Purchase purchasing method. Comparative pricing is not required but shall be used when practical. This method includes direct negotiation with vendors or contractors. Prudent judgment shall be used at all times. QBS for Design Professionals is not required for service(s) of $50,000 or less. Pursuant to Idaho State Code Section 67-2810, Personal Service(s) Agreements require fifteen (15) days’ publishing notice in an official newspaper with the name of the parties, the contract amount, and a one-sentence summary of the contract’s purpose if the contract value exceeds $30,000. Professional Services of $100,000 or less are procured as an exception to procurement and follow the Small Purchase methodology as outlined in Section 3.2.4.1. Any contracted services 4 PURCHASING POLICY exceeding the Mayor’s signature authority require City Council approval. 3.2.2. Semi-Formal Competitive Purchasing No Federal Funding Purchasing Category Purchase Amount Approval By < $100,000 Department or Mayor1 PW Construction > $100,000 to $249,999.99 City Council2 < $100,000 Department or Mayor1 Goods / Personal Services > $100,000-$249,999.99 City Council2 1If the amount is in excess of the department’s authority, Mayoral approval is required. 2If the amount is in excess of the Mayor’s authority, City Council approval is required. Federal Funding Purchasing Category Federal Amount1 Approval By > $10,000.01 to $99,999.99 Department or Mayor PW Construction > $100,000 to $249,999.99 City Council > $10,000.01 to $ 99,999.99 Department or Mayor Goods / Personal Services > $100,000 to $249,999.99 City Council 1Semi-Formal purchases utilizing any Federal funding amounting to $100,000 or more are subject to the City’s signature authority policy requiring City Council approval. Procurement requirements are detailed in Section 3.6. An Invitation for Bids (IFB) solicitation is required for Semi-Formal Competitive Purchasing. To initiate the Semi-Formal Competitive Purchasing process, Department staff shall prepare specifications for the item(s) or service(s) to be purchased and verify that budget/funding source is available. At a minimum, the contractor/vendor shall be given a description of the project, service, or item, advised how to obtain additional information, and provided with a due date for submission of bids or proposals. Use of Cooperative Purchasing Agreements is permitted as an Alternative Purchasing Method for Goods and Personal Services. Additional procedural insight is provided within Idaho Code sections 67-2805(1) (for contracts relating to public works construction) and 67-2806(1) (for contracts relating to goods and services). A written (either physical or electronic) IFB notice inviting semi-formal bids shall be sent to contractors or vendors not less than three business days before bids are due. If the Department Director certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of contractors, and that no equivalent products or services are available, the notice inviting informal bids may be sent exclusively to such vendor(s) or contractor(s). The Department may acquire the work from the responsive and responsible contractor or vendor quoting the lowest price. If less than three bids are received, Department staff should document efforts to obtain three bids and retain the records for eighteen months, proceeding with the lowest responsive and responsible bidder. If no bids are received, the contract may be awarded by any Alternative Purchasing Method and without further competitive bidding. If identical bids are received, the specified approval authority may decide which vendor or contractor to award to. Additional considerations related to the Semi-Formal Competitive Purchasing threshold for each purchasing category are included below. 5 PURCHASING POLICY 3.2.2.1. PW Construction PW Construction projects valued at $50,000 or more require licensed contractors and performance and payment bonds of at least 85% of the contract amount. 3.2.2.2. Goods / Personal Services Pursuant to Idaho State Code Section 67-2810, Personal Service(s) contracts require publishing a notice in an official newspaper with the name of the parties, the contract amount, and a one-sentence summary of the contract’s purpose if the contract value exceeds $30,000. A Request for Proposals (RFP) is permitted as an alternative purchasing method when the purchase of Good(s) or Personal Service(s) meets the criteria outlined for the use of an RFP in Section 3.2.4.2. Additional requirements for the RFP process are also detailed in that Section. 3.2.3. Formal Competitive Purchasing No Federal Funding Purchasing Category Purchase Amount Approval By > $50,000.01 to $99,999.99 Department or Mayor1 Design Professionals > $100,000 Goods / Personal Services > $250,000 City Council2 PW Construction > $250,000 1If the amount is in excess of the department’s authority, Mayoral approval is required. 2If the amount is in excess of the Mayor’s authority, City Council approval is required. Federal Funding Purchasing Category Federal Amount1 Approval By N/A Department or Mayor Design Professionals > $250,000 Goods / Personal Services > $250,000 City Council PW Construction > $250,000 1Formal purchases utilizing any Federal funding amounting to $100,000 or more are subject to the City’s signature authority policy requiring City Council approval. Procurement requirements are detailed in Section 3.6. Solicitation is required for Formal Competitive Purchasing. To initiate the Formal Competitive Purchasing process, Department staff shall prepare specifications for the item(s) or Service(s) to be purchased and verify that budget/funding source is available. Use of Cooperative Purchasing Agreements is permitted as an alternative purchasing method for Goods and Personal Services. 3.2.3.1. Design Professionals Formal Competitive Purchasing of Design Professionals exceeding $50,000 requires QBS. QBS is based on qualifications and demonstrated competence rather than price-based competitive bidding. QBS is procured through two phases – a Qualifications Phase (Phase 1) and a Negotiation Phase (Phase 2). 6 PURCHASING POLICY The QBS process for each phase is outlined in Section 3.2.4.3. of this Policy. Following selection, an Agreement is required. 3.2.3.2. Goods / Personal Services Formal Competitive Purchasing of Goods and/or Personal Services requires an open competitive sealed bid process. Notices inviting formal bids shall be published twice in the official newspaper, first at least two weeks or 14 calendar days before the bid opening, and second at least seven days prior. A bid security of at least five percent of the bid amount is required at the City’s discretion. A public bid opening is required, with bids read aloud. Written objections or protests are accepted if received at least three business days prior to the bid opening. Award is made to the lowest responsive bidder. However, pursuant to Idaho Code section 67-2806(2)(h), the City does have discretion to reject all bids if it sees fit. If less than three bids are received, Department staff should document the efforts they took to obtain three bids and retain the records for six months, proceeding with the lowest responsive and responsible bidder. If no bids are received, the contract may be awarded by any Alternative Purchasing Method and without further competitive bidding. If identical bids are received, the specified approval authority may decide which vendor or contractor to award to. 3.2.3.3. PW Construction PW Construction projects valued at $50,000 or more require licensed contractors and performance and payment bonds for at least 85% of the contract amount. Formal competitive Purchasing of PW Construction requires use of either Category A or Category B. Category A procurement is where bidding is open to all interested bidders and where the award does not consider the qualifications of the bidder. Alternatively, Category B procurement is where bidding is open only to those bidders that go through a preliminary qualification review by the City. Additional requirements related to the bid process and each category are outlined in Section 3.5.2. of this Policy. Additional insight into these categorical requirements can be further found in Idaho Code section 67-2805. 3.2.4. Exemptions / Alternative Purchasing Methods In the event that circumstances prevail where it may be impossible or impractical to follow the above purchasing methods for procurements of more than the Small Purchase thresholds, the Department Director may document one of the following exceptions and obtain the appropriate approvals for the purchase. Alternative purchasing procedures for purchases utilizing any Federal funding shall comply with any more stringent limitations imposed by Federal law or regulations. 3.2.4.1. Professional Services Professional Services are exempt from Semi-Formal or Formal Competitive Purchasing. Department Directors should still take care to ensure that all other contractual requirements and ethical considerations are addressed. Interviewing multiple Professional Service providers is a best practice in meeting the dual goals of quality and economy. For Professional Services of $100,000 or more, it is in the City's best interest to utilize a RFP process, unless specific 7 PURCHASING POLICY circumstances make this impractical. Should City staff wish to proceed with a competitive purchasing process, an RFP or QBS method should be utilized to allow selecting bidders on bases other than price alone, such as demonstrated competence, professional qualifications, or experience. Professional Services require a written agreement for a one-year term with no renewal or optional extensions unless the Agreement includes a provision providing the City the right to terminate the agreement following the initial one-year term. The Legal Department reviews all Agreements before they are finalized with service providers. If the City is using federal funds to procure professional services, it must follow the federal procurement standards in 2 CFR Part 200, which require a competitive process—such as obtaining quotes or issuing an RFP (depending on the dollar amount)—unless a narrowly defined federal exception (like a true sole source or emergency) applies. These federal rules override any more permissive state or local exemptions for professional services. 3.2.4.2. Requests for Proposals (RFP) RFPs are an alternative purchase method permitting bidder selection on bases other than price alone, such as demonstrated competence, professional qualifications, or experience. Unless a Department wishes to do so, cost does not need to be considered in the selection of a vendor at all under this method. This method is permitted as an Alternative Purchasing Method when the purchase of Good(s) or Personal Service(s) meets one or more of the following criteria: a) Fixed specifications might preclude the discovery of a cost-effective solution; b) A specific problem is amendable to several solutions; or c) Price is not the sole determining factor for selection. At a minimum, the RFP shall state the instructions of the process, the scope of work for the desired Good(s) or Service(s), the selection criteria, contract terms, and the scoring methodology applying relative weights to factors considered. Examples of factors that may be considered in the evaluation of vendor responses to an RFP include, but are not limited to: a) An innovative solution that is offered; b) Unique product features; c) Price; d) Vendor experience in the market; e) Financial stability of a vendor; f) Differences among vendors in their ability to perform contract requirements in a timely and efficient manner; g) Ability to meet product specifications; h) Product quality or performance records; i) Past performance by a vendor; j) Future product maintenance or service requirements; and k) Product warranties. Written objections to the RFP specifications or procedures are permitted up to one business day before the submission deadline. Any proposal participants that object to the award may respond in writing to the notice within seven (7) calendar days, expressing the reason(s) that the award decision is in error. Protests shall be considered by the appropriate approval authority based on the 8 PURCHASING POLICY purchase category and dollar value of the Good(s) or Service(s) awarded. The approver may affirm its prior award, modify the award, or choose to re-issue an RFP, setting forth the reason. Notification, solicitation, and consideration of contests concerning the award of procurement shall be subject to the selection criteria established at the outset of each such procurement. Good(s) or Service(s) meeting the threshold for City Council approval require making the records of the scoring process available to the public. 3.2.4.3. Qualifications-Based Selection (QBS) QBS is an Alternative Purchase Method, with procurement based upon qualifications and demonstrated competence rather than price-based competitive bidding. Pursuant to Idaho State Code Section 67-2810, Personal Service(s) contracts require publishing a notice in an official newspaper with the name of the parties, the contract amount, and a one-sentence summary of the contract’s purpose if the contract value exceeds $30,000. As a matter of Policy, the following QBS process is required by Idaho State Code Section 67-2320 for procurement of Design Professionals for services of $50,000 or more and may be an effective Alternative Purchasing Method for other services. QBS is procured through two phases – Qualifications Phase (Phase 1) and Negotiation Phase (Phase 2). Phase 1: Qualifications Phase a) Include a general description of the services being solicited and encourage persons or firms to submit statements of qualifications and past performance data. b) Publish a Request for Qualifications (RFQ), with no price information listed and including the criteria and selection procedures. The RFQ may also include: i. Project description and completion date. ii. Description of Professional Services required. iii. Notice that specifications, instructions, and other documents are available. iv. Notice of Statement of Qualifications format and content requirements. v. Submission deadline. c) City ranks applications and identifies the most qualified based on the RFQ established criteria. Phase 2: Negotiation Phase a) City negotiates price and legal terms with the selected firm. b) If the City and selected firm are unable to mutually agree, the City may negotiate with the second highest ranked. Should both parties also not reach mutual agreement, the City should continue with that process of contacting the next qualified firm until an agreement is reached. c) Following selection, an Agreement is required. If departments have previously awarded a Professional Services Agreement to a firm for an associated or phased project, they may negotiate an extended or new contract with that firm. A list of prequalified firms may be established so long as the list consists of two 9 PURCHASING POLICY or more listings. For each project, the department may rank and choose the top- ranked listing from the prequalified list to avoid the public notice and RFQ process. The list remains valid for five years. 3.2.4.4. Declared Emergency Purchases Emergency Purchases may be made without competitive bidding when time is of the essence and shall be made primarily to preserve or protect life, health, or property, prepare for a natural disaster, or to prepare for the national or local defense following declaration of an emergency. Since Emergency Purchases do not usually provide the City with an opportunity to obtain competitive quotes or properly encumber funds committed, sound judgement shall be used in keeping such orders to an absolute minimum. Obtaining bids remains encouraged where possible and practical. Pursuant to Section 67-2808, City Council declares a public emergency, with a written report by the primary Department Director provided to the Mayor. All Emergency Purchases of $100,000 or more require coordination with the Mayor, or designee, to proceed as well as a written agreement. Following an emergency declaration by the City Council, any sum required for the emergency may be expended and a Confirming Purchasing Order may be issued post receipt of the urgent Goods or Services. The Mayor shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to a competitive purchasing procedure. Notification must be provided to the City Council post incident. 3.2.4.5. Urgent Response Purchases (Non-Declared Emergencies) Urgent Response Purchases are defined as time-sensitive purchases of goods or services necessary to address unforeseen operational disruptions or critical service needs that do not rise to the level of a formally declared emergency under Section 3.2.4.4. These circumstances may include, but are not limited to, equipment failure or infrastructure damage that pose a significant risk to the continuity of essential services. A lack of planning for a non-emergency situation does not constitute an emergency under this Policy. Since Urgent Response Purchases do not usually provide the City with an opportunity to obtain competitive quotes or properly encumber funds committed, sound judgement shall be used in keeping such orders to an absolute minimum. Obtaining bids remains encouraged where possible and practical. These purchases are subject to the same threshold and coordination with the Mayor and City Council reporting as Emergency Purchases under Section 3.2.4.4, except for the declaration and termination of the declaration. 3.2.4.6. Cooperative Purchases Cooperative Purchasing Agreements are an Alternative Purchasing Method for procurement of Goods and Personal Services. Prices quoted through a competitive bidding or RFP process by another public agency where the price to the City is equal to or better than the price to the public agency, may be used by the City of purchasing supplies, vehicles, equipment, and professional or general services to the extent permitted by law. The Finance Division of the Municipal Services Department and the Legal Department should be consulted before pursuing a Cooperative Purchase in order to ensure that Cooperative 10 PURCHASING POLICY Purchasing is permissible in each specific situation. Cooperative Purchase Agreements may be approved by the appropriate approval authority based on the purchase category and dollar value of the Good(s) or Service(s) awarded. Agreements exceeding the Mayoral signature authority require City Council approval. The request for approval shall include sufficient documentation establishing the other public agency’s selection process and pricing. In situations where the pricing obtained by the other public agency is based on a percentage discount from the list price, a publicly available base pricing schedule that can be verified as applicable to all customers of the vendor must also be included in the documentation. 3.2.4.7. State Purchase When the purchase is made on behalf of the City by the State Department of Administration, Division of Purchasing, the competitive bidding process may be waived. 3.2.4.8. No Bids Received When no bids are received after using the Semi-Formal or Formal Competitive Purchasing methods, no further additional competitive bidding is required. Documentation of the evidence of the efforts undertaken to solicit competitive bids and that bidders with an opportunity to bid declined to do so, is required. 3.2.4.9. Sole Source Purchases Goods or Personal Services, which can be obtained from only one manufacturer or vendor, are exempt from competitive bidding. Sole Source purchases generally include proprietary items sold directly from the manufacturer or items that have only one distributor authorized to sell in this area. Personal Services vendors who possess specific expertise or past experience with City facilities, projects, or studies may also be determined to be an appropriate use of the Sole Source Alternative Purchasing Method. Examples of when there may only be one source reasonably available: a) Life-threatening situations or situations immediately detrimental to the public welfare or property; b) Compatibility of equipment, components, accessories, computer software, replacement parts, or service is the paramount consideration; c) The sole supplier’s item is needed for trial use or testing; d) Purchase of mass-produced movies, videos, books, or other copyrighted materials; e) Purchase of public works contribution, services, or goods/equipment for which it is determined there is no functional equivalent; f) Purchase of public utility services; g) Purchase of products, merchandise, or trademarked goods for resale at a political subdivision facility; or h) Where competitive solicitation is impractical, disadvantageous, or unreasonable under the circumstances. Sole Source purchases of $50,000 or more require discussion with the Legal Department prior to proceeding. Subsequently, a declaration is required from the Department Director to the Legal Department that there is only one vendor reasonably available. Pursuant to Idaho State Code Section 67-2808, this 11 PURCHASING POLICY declaration is used to prepare a public notice, published in the official newspaper at least 14 calendar days prior to City Council awarding the contract to the sole source vendor or contractor. A notice is not required, however, if the Sole Source expenditure is necessary to address a life-threatening situation or a situation that is immediately detrimental to the public welfare or property. 3.2.4.10. Exclusions to Competitive Purchasing Idaho State Code Section 67-2803 authorizes certain purchases without following competitive requirements, including the following: a) Piggybacking, which is acquisition of goods that matches the price and substance of a competitively bid contract by the State of Idaho, its subdivisions, or an agency of the federal government. This does not include other states. b) Wages. c) Real property. d) Insurance. e) Joint purchasing agreements/joint powers agreements with other units of government. f) Used personal property. g) Purchases from federal government general services administration (GSA) schedules or federal multiple award schedules (MAS). h) Goods for direct resale. i) Travel and training. j) Goods and services from Idaho Correctional Industries. k) Repair for heavy equipment. l) Software maintenance, support, and licenses of an existing system or platform that was bid in compliance with state law. m) Public utilities. n) Food for use in jails or detention facilities. o) Used equipment acquired at an auction if authorized by the City Council. 3.2.4.11. On-Call Panels A Department may maintain a City Council-approved on-call panel of pre- approved firms qualified to perform the type of professional or personal services required. When such an on-call panel is maintained, the competitive selection procedures are waived. Award of tasks under on-call contracts are rotated among the pre-approved firms with no single firm receiving a substantial majority of similar work during the fiscal year. Recognizing that certain firms on an on-call panel may have particular expertise for certain types of projects, the rotation of firms may be limited in these cases based on the professional judgement of City staff. Because the On-Call Panel firms are selected through a Formal Competitive RFP process, no competitive process is required to select a firm from the On-Call Panel for a particular task. Work may be awarded at the Department’s discretion, keeping in mind the goal of rotation specified above. This Policy, however, does not prevent a Department from seeking multiple competitive pricing quotes from On-Call Panel firms with the necessary experience for a specific task in order to achieve the best pricing possible. Each on-call firm, unless further limited at the time of contract award by the City Council, shall be eligible to receive work in an amount up to $75,000 per fiscal year without the need for additional City Council approval. Whenever the work awarded to a single On-Call Panel firm exceeds $75,000 in a fiscal year, City Council approval of the additional work is required. 12 PURCHASING POLICY 3.3. Purchase Orders and Procurement Cards Purchase Orders are required for all purchases of Goods and Services, regardless of whether an Agreement is utilized, serving as a control of the purchasing process, including approval and encumbering the budget, ensuring the City receives exactly what was ordered and providing a clear record for accounting and auditing purposes. Work may not commence prior to the issuance of a fully approved Purchase Order. The exception to this requirement is for purchases made by way of a Procurement Card for Goods and Services. A Procurement Card is a preferred Alternative Purchasing Method to petty cash and Field Purchase Orders within guidelines and established dollar limits in the City’s Procurement Card Policy and summarized in Section 3.4.1. 3.3.1. Field Purchase Orders Field Purchase Orders may be used when purchasing Goods up to $1,000 in town if a vendor does not accept a Procurement Card. 3.3.2. Purchase Order (PO): A Purchase Order (PO) is the standard document used to procure goods or services from a supplier. It confirms the item or service being purchased, the agreed-upon price, and the required delivery schedule. Once approved, it becomes a formal agreement for a specific amount and quantity between the City and the supplier. 3.3.3. Confirming Purchase Orders Declared Emergency Purchases and Urgent Response Purchases meeting the criteria outlined in Sections 3.2.4.4 and 3.2.4.5 of this Policy, may be made without competitive bidding to protect life, health, or property. Declared Emergency Purchases also require the declaration of an emergency and approval by the Mayor. A Confirming Purchase Order is issued post-receipt of Goods or Services to formally document the purchase and ensure proper accounting. This process allows for immediate procurement by the Department Director while maintaining compliance and accountability. 3.3.4. Blanket Purchase Orders A Blanket Purchase Order is an agreement whereby the City contracts with a vendor to provide Goods or Services on an as needed basis. Blanket Purchase Orders provide a mechanism whereby items that are uneconomical to stock or procure individually may be purchased in a manner that allows staff timely access to necessary Goods or Services. Competitive purchasing methods are still required for Blanket Purchase Orders, and the method selected should be based on the not-to-exceed overall amount of the Purchase Order for the purchasing category. Once a Blanket Purchase Order is issued to a vendor, any authorized City employee may contact the vendor directly place orders per the terms and conditions specified in the Blanket Purchase Order for Goods. For Services, a written agreement or amendment is required for each use of the service provider. 3.3.5. Quantity Variance Purchase Order (QVPO): A Quantity Variance Purchase Order (QVPO) is used when the final quantity delivered or work performed may differ from the amount originally ordered due to field conditions, measurement variations, or similar circumstances. A QVPO allows for a pre-approved range of difference— known as a quantity variance—without requiring issuance of a new Purchase Order or separate Council approval (departmental approvals still apply). The City of Idaho Falls establishes the approved range difference for a QVPO at twenty-five percent (25%), consistent with the City’s Supplementary Conditions. This variance reflects the threshold at which a change order or contract amendment will take place, including Council approvals. Use of a QVPO does not 13 PURCHASING POLICY modify or supersede the authority limits outlined in Sections 2.2 (Delegated Authority) and 3.4.3 (Agreement and Change Order/Amendment Signature Authority); rather, it operates in conjunction with those requirements. 3.4. Agreements, Insurance Requirements, Signature Authority 3.4.1. Agreement Requirements Written agreements are required for purchases of Goods, Personal Services, and PW Construction of $10,000 or more in addition to issuance of a Purchase Order. Agreements are required for Design Professionals of $50,000 or more, and for Professional Services of any amount. The Agreement requirement for the purchase of Goods of any amount may be waived, based on the type and nature of the purchase. Executing an agreement does not authorize the start of work. Work may only commence once a fully approved Purchase Order has been issued. The Legal Department has prepared standard Agreements to be used when contracting for construction, Goods, and Services, which are inclusive of Idaho State Code required contract elements such as certain certifications and indemnification language. Acceptance of contractor-provided agreements or the usage of letter agreements is only permitted following review and approval by the Legal Department and inclusion of any required additional City- specific language. The table below summarizes the various thresholds and the type of purchasing action (e.g., purchase order, written agreements) that should be used for each purchasing category. Purchasing Category Purchase Amount Method < $50,000 PO Design Professionals > $50,000 PO & Written Agreement Confirming Purchase Order Emergencies Any and/or Written Agreement Field Purchase Order < $1,000 (only if P-Card not accepted) Goods < $10,000 P-Card > $10,000 PO & Written Agreement < $10,000 P-Card Personal Services > $10,000 PO & Written Agreement Professional Services Any PO & Written Agreement < $10,000 PO PW Construction > $10,000 PO & Written Agreement Professional Services Any PO & Written Agreement 3.4.2. Insurance Requirements It is the City’s Policy that Worker’s Compensation and General Liability Insurance are required unless a waiver is requested and approved by Risk Management. Where no motor vehicles will be used on behalf of the City or throughout the course of the Agreement, auto liability insurance may be waived. 14 PURCHASING POLICY 3.4.3. Agreement and Change Order/Amendment Signature Authority Through this policy the City Council authorized the Mayor and the Mayor’s designees limited authority to execute Agreements and Change Orders within the limits summarized below. Each Department Director is delegated authority based on the nature and quantity of routine transactions a department encounters annually in the regular course of business. The amounts may be reviewed and adjusted, as needed, each fiscal year upon review of the prior year’s activity. Adjustments to the authorized limits will be updated herein accordingly. Amounts in excess of the authority listed below for each Department Director require Mayoral (or City Council) approval and signature. A notice to the City Council is required if a Change Order is over $500,000. Amendments/Change Department Agreement Limit Order Limit 15% < $200,000 Airport $50,000 15% > $200,000 Community Development $50,000 $0 Fire $50,000 $0 Human Resources $50,000 $0 Legal $50,000 $0 15% < $200,000 Municipal Services $75,000 15% > $200,000 Parks & Recreation $50,000 $0 Police $50,000 $0 20% < $200,000 Power $75,000 15% > $200,000 20% < $200,000 Public Works1 $75,000 15% > $200,000 Maximum Allowable 25% < $200,000 $99,999.99 (Mayor) 15% > $200,000 1 For the Public Works Department, unit of measure contracts are subject to the specified limits. The value may not correspond directly to the dollar amount but will reflect the percentage change in units. A variance of up to 25% in the units is permitted. 3.5. PW Construction Purchasing Requirements While the City primarily uses a Design-Bid-Build purchasing method for PW Construction, the Construction Manager/General Contractor Dual Role is also a permitted method. PW Construction projects valued at $50,000 or more require licensed contractors and performance and payment bonds for at least 85% of the Agreement amount. 3.5.1. Construction Manager/General Contractor Dual Role Idaho State Code Section 54-4511 permits agencies to hire a licensed construction manager and the construction manager’s affiliated construction firm to act as both a construction manager and the general contractor (CM/GC) on a project. A QBS competitive purchasing method is required for selection of a CM/GC. The construction cost for work, materials, and equipment for the construction phase of the project are incorporated in the construction phase contract with the CM/GC. A maximum guaranteed price may be included to place a cap on the potential cost to the City. The costs included in the construction phase contract are based on bids solicited by the CM/GC for the construction work, materials, and equipment. The CM/GC is required to solicit bids from at least three contractors or suppliers the CM/GC determines are qualified to perform the work. The CM/GC may also bid if the CM/GC possesses the appropriate 15 PURCHASING POLICY class of public works contractor’s license. The bids must be opened publicly, with a City representative present during the bid opening. All opened bids are public records. Awards are to the lowest responsive bidder. 3.5.2. Design-Bid-Build Projects The City’s primary form of PW Construction includes Design-Bid-Build projects. Consequently, this Policy references Design-Bid-Build as the standard for PW Construction. PW Construction of less than $100,000 are categorized under the City’s Small Purchase purchasing method, unless Federal funds are being utilized. While there is no competitive procurement requirement, obtaining multiple quotes from qualified contractors is encouraged. PW Construction between $100,000 and $249,999.99 requires a Semi-Formal Competitive Purchasing process, including publishing an informal IFB. PW Construction of $250,000 or more requires a Formal Competitive Purchasing process. The Idaho State Code Section 67-2805 provides two options below that departments may use. After the competitive sealed bid procurement process, if less than three bids are received, Department staff should document efforts to obtain three bids and retain the records for six months, proceeding with the lowest responsive and responsible bidder. If no bids are received, the contract may be awarded by any Alternative Purchasing Method and without further competitive bidding. If identical bids are received, the specified approval authority may decide which vendor or contractor to award to. In its discretion, the City may elect to reject all bids and re-bid or, upon a finding of fact, City Counsel may pass a resolution declaring that subject procurement can be procured more economically on the open market. 3.5.2.1. Category A (Open Bidding) Category A procurement is where bidding is open to all interested bidders and where the award does not consider the qualifications of the bidder. This process is the same as required for Formal Competitive Purchasing of Goods or Services, including: a) Public Notice: Publish notice twice in the official newspaper, first at least two weeks before the bid opening and second at least seven days prior. b) Bid Security: May require security of at least 5% of the bid amount. c) Bid Opening: Open bids in public and read aloud. d) Award: Award to the lowest responsive bidder. 3.5.2.2. Category B (Prequalification and Bidding) Category B procurement is where bidding is open only to those bidders that go through a preliminary qualification review by the City. City staff should reference Phase 1 of the QBS procurement process to establish a list of contractors that have prequalified. The procedures outlined in Category A are required, with the addition that only prequalified contractors may submit bids. 3.6. Purchasing When Utilizing Federal Funds Federally-funded purchases must adhere to the procurement requirements outlined in the Uniform Guidance, 2 CFR Part 200 (and its appendices), which are summarized below. 3.6.1. Procurement Requirements All City procurements funded from a Federal grant award will adhere to the following requirements. All disbursements of funds will be properly reviewed and authorized, consistent with sound financial management principles, and issued in compliance with all applicable Federal, State, and local laws. To meet these objectives, all disbursements from Federal grant funds by the City will be subject to the following provisions, to the extent that they do not conflict 16 PURCHASING POLICY with or contradict any specific Federal, State, or local law or City policy. In the event of a conflict, the most specific or restrictive law, policy, or procedure will be followed. a) The acquisition of unnecessary or duplicative items will be avoided. Additionally, procurements should be structured in such a way as to achieve a more economical cost. Where appropriate, a lease versus purchase analysis should be performed to determine the most economical procurement approach. b) To foster greater economy and efficiency, the City will consider utilizing State and local intergovernmental agreements where permissible and appropriate or utilizing common or shared Goods and Services. This includes cooperative purchasing agreements where practical and beneficial. Depending on the purchase requested, a cooperative or inter-local agreement may be utilized if the price is competitive, and the Good(s) or Service(s) are needed in a timelier manner than a standalone purchase would allow. The Municipal Services Director, or his or her designee, will make this determination. c) The City will award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Such matters as contractor integrity and business ethics, compliance with public policy, ability to complete the work on time and in accordance with specifications, record of past performance, and the contractor's financial and technical resources should be considered. d) The City will award contracts to contractors who have the appropriate experience, expertise, qualifications, and any required certifications necessary to perform the work. Contractors should also have the financial resources to sustain the project while any initial work and the work during each service period is completed until invoices are submitted for payment as work is completed. Contractors should have the proper equipment or the capability to subcontract for the proper equipment necessary to complete the contracted work. e) All procurement transactions paid with Federal funds will be conducted in a manner providing full and open competition. In an environment of full and open competition, no proposer or bidder has a competitive advantage over another. All potential proposers and bidders will be provided with the same information and have the same opportunity to submit a bid or proposal. Providing a competitive advantage to one or more potential proposers or bidders over another creates the potential for disputes and lawsuits that can be costly and can delay completion of work. f) To ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or RFPs will be excluded from competing for such procurements. g) The City will not engage in practices that may restrict full and open competition, which include, but are not limited to, the following: • Placing unreasonable requirements on firms for them to qualify to do business, requiring unnecessary experience, and/or requiring excessive bonding. • Noncompetitive pricing practices between firms or between affiliated companies. • Noncompetitive contracts to consultants that are on retainer contracts. • Requiring a specific brand name product instead of allowing equivalent products to be offered. 17 PURCHASING POLICY • Any arbitrary action in the procurement process. h) All solicitations will incorporate a clear and accurate description of the technical requirements for the property, equipment, or service to be procured. Such description will not, in competitive procurements, contain features which unduly restrict competition unless specifically authorized by the granting agency or other Federal guidelines. The description will include a statement of the qualitative nature of the property, equipment, or service to be procured and, when necessary, will set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications will be avoided, if possible. i) The City will take all necessary affirmative steps to assure that small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are used when required by any Federal grant award guidelines. These steps include placing these businesses on solicitation lists when they are potential sources, dividing procurement transactions to the extent economically feasible into separate procurements, establishing delivery schedules when requirements permit to encourage participation by these businesses, and using the services and assistance of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as appropriate. Prime contractors for contracts funded from Federal grant awards will be required to take these same affirmative steps when required by any Federal grant award guidelines. j) The City may only use a time and materials contract for Federally funded projects (1) after a determination is made that no other form of contract is suitable, and (2) if the contract includes a ceiling price that the contractor exceeds at their own risk. A time and materials type contract is a contract in which the cost to the City is the sum of the actual costs of materials and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. k) The City will ensure that all prequalified lists of persons, firms, or products which are used in acquiring Goods and services are current and include enough qualified sources to ensure maximum open and free competition. The City may accomplish this by conducting vendor searches via the internet or by other tools available to the City to locate and identify potential contractors. Federal guidelines regarding the number of bids required will be followed. l) The City will maintain records regarding each procurement that will be paid from Federal funds to include the rationale for the procurement method, selection of contract type selection, contractor selection or rejection, and the basis for the contract price. m) Standard contracting requirements for procurements funded from a Federal grant are outlined in 2 CFR 200 Appendix II and summarized below: • Contracts over the simplified acquisition threshold must address remedies for contractor violations or breaches, including sanctions and penalties, as appropriate. • Contracts exceeding $10,000 must include termination clauses for cause and convenience, detailing the process and basis for settlement. • Equal Employment Opportunity clause must be included for federally assisted construction contracts. • When required by Federal program legislation, the Davis-Bacon Act is required for prime construction contracts over $2,000, ensuring compliance with prevailing wage 18 PURCHASING POLICY requirements, weekly payment frequency, and the Copeland “Anti-Kickback” Act, which prohibits inducing workers to give up any part of their rightful compensation. Suspected or reported violations should be reported to the Federal awarding agency. • Contracts exceeding $100,000 involving mechanics or laborers, include provisions for overtime pay and safe working conditions. • If the federal award qualifies as a “funding agreement” under 37 CFR part 401.2, comply with 37 CFR Part 401, which includes provisions for the ownership and management of inventions made under the contract, ensuring that small businesses and nonprofits retain rights to their inventions while granting the government a license. • Contracts exceeding $150,000 require a provision ensuring compliance with standards and report violations to the Federal awarding agency and the EPA Regional Office. • Contracts should not be awarded to parties listed on the governmentwide exclusions in the System for Award Management (SAM), which contains the names of parties debarred, suspended, or otherwise excluded by agencies. • Contracts exceeding $100,000 require certification and disclosure of lobbying activities pursuant to the Byrd Anti-Lobbying Amendment. • Comply with the Solid Waste Disposal Act by procuring items with the highest practicable percentage of recovered materials, and should prioritize sustainable products and services, including those that are reusable, recycled, or energy- efficient. • Cannot use loan or grant funds to procure, obtain, or contract for certain telecommunications and video surveillance equipment or services, particularly those produced by specific companies linked to national security concerns. Compliance with this prohibition is required upon accepting the loan or grant. • Include in all subawards, contracts, and purchase orders the prioritization of purchasing goods, products, or materials produced in the United States. In addition to these requirements, Federal grant programs routinely have unique requirements that must be included in contracts that are funded from the grant. These requirements are typically outlined in the executed grant agreement with the granting agency. Grant program administrators will review and comply with any unique contractual requirements prior to initiating any procurements funded from the grant and will also review and comply with the standard contracting requirements outlined in 2 CFR 200 Appendix II. 3.6.2. Procurement Methods The City’s existing methods comply with the procurement requirements for Federal grant awards. City staff may use the Small Purchase method for purchases using Federal funds of $10,000 or less. The City’s Semi-Formal Competitive Purchasing process is required for purchases using Federal funds of $10,000.01 to $249,999.99. For purchases using Federal funds of $250,000 or more, the City’s Formal Competitive Purchasing method is required. Non- competitive, or Alternative Purchasing Methods such as Sole Source, are permitted if one of the following apply: a) The item is only available from a single source. Documentation substantiating this fact must be maintained. b) The exigency or emergency basis of the procurement will not allow for the delay associated with a competitive solicitation. 19 PURCHASING POLICY c) The Federal granting agency has expressly authorized noncompetitive proposals in response to a written request from IUSD. d) After solicitation from multiple sources, competition is determined to be inadequate. In addition to the applicable procurement procedures outlined in this Policy, the City will not subcontract with or award subgrants to any person or company who is debarred or suspended from receiving Federal funds. In addition, the applicable procurement procedures outlined above, the Director of Municipal Services, or his or her designee, will perform a required check for excluded parties in the Federal System for Award Management (SAM) website before any vendor is paid with Federal funds. This list is located at: http://www.sam.gov/. The documentation needs to be sent to the Finance Division. Documentation must be maintained by the Finance Division detailing the history of all procurements. The documentation should include procurement method used, contract type, basis for contractor selection, price, sources solicited, public notices, cost analysis, bid documents, addenda, amendments, contractor’s responsiveness, notice of award, copies of notices to unsuccessful bidders or offerors, record of protests or disputes, bond documents, notice to proceed, purchase order, and contract. All documentation relating to the award of any contract must be made available to the granting agency upon request. All documentation must mention that Federal funds are being used, including the initial purchase requisition. 20 Honorable Mayor and Council Wade Sanner, Community Development Services Director December 12, 2025 December 9, 2025, Planning Commission Action Planning Commission took the following action during the December 9, 2025, meeting. 1. RZN25-016: REZONE from HC, Highway Commercial to CC, Central Commercial for approximately 2.45 acres, A portion of Lot 2, Block 1 Taylor Crossing on the River Division No. 8. Located north of Pancheri Drive, east of I-15, south and west of S Utah Avenue. On December 9, 2025, the Planning Commission unanimously recommended approval of the rezone to the Mayor and City Council as presented. RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning Commission pursuant to the Local Land Use Planning Act (LLUPA). Board of Directors Meeting Minutes November 4, 2025, | 9:00am | Willard Arts Center Board of Directors Attendees: Chip Langerak, Greg Crockett, Matt Jacobson, Kevin Cutler, Lisa Farris, City of Idaho Falls: Caitlyn Long | IFDDC Staff: Kerry Hammon, Geetika Gupta, Juan Hernandaz | Guests: Terri Ireland, Jared and Teresa Dominick, Georginia Goodlander, Caleb Sievy Topics Discussed: • Chip Langerak: Welcome & introductions • Greg Crockett: Greg retiring, proposed Mark Cornelison to take his spot on the board of director’s. Kevin motioned to approve. Matt seconded. No opposition. • Chip Langerak: September financials will be reviewed in next month’s board meeting, Dec 9. Chip proposed Matt Jacobson for the Vice President’s position. Chip motioned to approve. Mark seconded his motion. No opposition. • Matt Jacobson: Matt proposed Justin Morris, representing 100 Proof Hospitality (Howells and Taylors) to join as a board member. Kevin seconded. No opposition. Director’s report: • Project/Event update: o Website is ready to go live in next two weeks. Geetika and Kerry have been trained. o Events: Find the Tricky Skeleton event and Crawloween event was successful. Very well attended. o Veteran’s day: IFDDC office closed on Tuesday November 11th, 2025. o Community engagement software See my Legacy will be integrated with the new website soon. o Suggestions invited to improve State of the Downtown meeting. o Parks and Recreation department scheduled Community Re-entry Center volunteers to assist with hanging wreaths. o Tree Lighting Ceremony and Holiday Market Nov. 22, 4-8pm, ceremony 6pm. Trolley rides begin Nov. 22 and go until Christmas. Holiday decorations start on Nov 15th. • Merchant Association Board Representative: Terri Ireland announced the next Merchant Association meeting is Thursday November 6th 10 a.m. in the conference room by MarCellar’s. • Lisa Farris: highlighted the Façade improvement program has been going since 2006 with $1.148 million in improvements made. There is $103k available from 2023-2025 grants. The Kingston’s have applied for funding, and C21 High Desert is working on quotes. • Caitlyn Long: City’s historic foundation team will meet in December to suggest a volunteer and a board member for the Idaho Falls Downtown Development Historic Foundation. The meeting was adjourned at 10:00 a.m. The next board meeting will be on December 9th, 2025, at 9am.

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