[New]
There is created in and for the City, the department of finance.
[New]
The department of finance shall be responsible for budget preparation
and monitoring, collection and disbursement of all City monies, investments,
accounting, financial reporting, purchasing, and other related activities.
[New]
There is created the office of director of finance. The City
Administrator shall appoint a qualified individual to be the director
of finance.
[New]
The director of finance shall receive as compensation such salary
as the City Administrator shall from time to time determine, subject
to the budgetary approval by the City Council.
[Ord. 2006-413 § 1;
New]
Subject to the policy directives of the City Administrator,
the director of finance or his/her designee shall:
A.
Supervise and direct all employees of the department.
B.
Advise on all matters affecting the financial condition of the City
when requested to do so.
C.
Collect and receive all City revenue from all sources.
D.
Keep in proper books, in double entry, the accounts between the City
and all officers, persons and bodies corporate, who may have the collection
or receipt of any money for the City.
E.
Make all City payments based upon adequate documentation.
F.
Keep a register of all City payments, specifying the date paid and
amount and out of what fund payable.
G.
Receive and preserve in his/her office all account books, vouchers,
documents and papers relating to the accounts and contracts of the
City, its revenues, debt and fiscal affairs, whether between the City
and any officer thereof, or between the City and any person or body
corporate.
H.
Assist in developing and administering City capital and operating
budgets.
I.
Invest all monies which are not needed for immediate payment.
K.
Develop operating policies with the approval of the City Administrator
which will ensure the optimum utilization of the RiverCenter and Adler
Theatre by the widest possible range of users and uses to respond
to community needs and demands.
L.
Administer and operate the RiverCenter and Adler Theatre and its
programs.
M.
Develop a program to foster the development of financial and other
resources to support the short and long term needs of the RiverCenter
and Adler Theatre and its programs. Said program shall be submitted
to the board and City Administrator.
N.
Develop programs which contribute to the economic base of the community
by encouraging business use of the RiverCenter and Adler Theatre.
O.
Develop a schedule of fees for special building services, equipment,
special building features, rental rates, admissions, and concessions
subject to approval of the advisory board.
P.
Develop programs to promote and develop the convention and visitors
business within the Quad Cities.
Q.
Execute contracts and agreements for the use, operation and maintenance
of the RiverCenter and Adler Theatre. Contracts and agreements for
the use of the facility may be signed by the director, with approval
by City Administrator.
R.
Serve as secretary to the RiverCenter and Adler Theatre advisory
board and provide the City Administrator, Council and the board such
information about the care, maintenance and operation of the RiverCenter/Adler
Theatre as may be requested.
S.
Perform other duties as the City Administrator may require.
[Ord. 2005-292 § 1
(part); New; Ord. 80-1008 § 1
(part); prior code § 2-188]
For the purpose of this chapter, the words set out in this section
shall have the following meanings:
A.
"Agency" and "using agency" mean any of the departments, offices
or other organizational units of the City, or any special district
whose funds are appropriated by the City Council.
B.
"Finance director" means the finance director or designee.
C.
"Purchasing" means the procurement and acquisition of supplies, materials,
equipment and/or contractual services necessary and related to the
operation of City business.
D.
"Supplies," "materials," and "equipment" mean any and all articles
or items which shall be furnished to or used by any agency, including
any and all printing, binding, or publication of stationery, forms,
laws, journals and reports.
E.
"Vendor" and "contractor" are used interchangeably.
[Ord. 2017-92 § 1; Ord. 2015-117 § 1; Ord. 2015-33 § 1; Ord.
2011-01 §§ 1, 2; Ord. 2005-292 § 1 (part); New; Ord. 80-1008 § 1 (part); prior
code § 2-189]
A.
Approval Authority.
1.
There must exist authorized budget appropriation.
2.
For purchases of $5,000 or less, the approval of the director
of the requesting agency of designee.
3.
For purchases in excess of $5,000 but not exceeding $25,000,
the approval of the finance director. However, the City Administrator
is not subject to this provision.
4.
For purchases in excess of $25,000 but not exceeding $50,000,
the approval of the City Administrator or designee.
5.
Purchases exceeding $50,000 require City Council approval.
6.
For change orders to capital projects of $5,000 or less, the
approval of the project manager.
7.
For change orders to capital projects when 50% or less of budgeted
project funds remain, the approval of the capital improvement program
manager or City engineer.
8.
For change orders to capital projects not exceeding $15,000,
the approval of the public works director.
9.
For change orders to capital projects not exceeding $25,000,
the approval of the City Administrator.
10.
For change orders to capital projects exceeding $50,000, the
approval of the City Council.
B.
Finance Information Only Report. Purchases in excess of $10,000 but
not more than $50,000 shall be placed upon the committee-of-the-whole
agenda for informational purposes.
C.
Competitive Bids.
1.
Wherever required by state or federal law, all purchases and
contracts for supplies, materials, equipment, public improvements,
and contractual services shall be on an equal and competitive basis.
2.
All other purchases and contracts may follow the procedure,
which in the judgment of the finance director, will result in the
best value to the City.
[Ord. 2005-292 § 1
(part); New; Ord. 80-1008 § 1
(part); prior code § 2-190]
In an effort to insure effective purchasing procedures and operations,
the finance director shall establish a purchasing manual setting forth
administrative procedures. A copy of the purchasing manual shall be
furnished to all agencies of the City, and shall be available for
public inspection in the office of the City Clerk and purchasing office
during regular business hours. The procedures should provide for the
following:
A.
The use of standard specifications wherever applicable;
B.
The transferring between agencies of supplies, materials, and equipment
defined as surplus or no longer of use to the holding agency;
C.
The establishment of an inventory system defining the condition,
value, and location of all City property and further determining the
disposition of property classified as surplus, obsolete and/or unused;
D.
Bid requirements and specification standards; proper handling, custody,
safeguarding, and disposition of bids (including the necessity of
possible rejection and advertising) for performance reliability, and
the criteria for determining a lowest bidder.
E.
Receiving and inspection criteria for purchases;
F.
Acquisition or purchases within the provisions of this chapter and
state law, including requisitions, specifications, ordering, emergency
purchases criteria, and post audit;
G.
Control and safeguarding of supplies, materials, and equipment;
H.
Purchasing of patented or proprietary articles;
I.
General guidelines for determining the purchasing process to be followed
and criteria for use in evaluating proposals.
J.
Such matters as the finance director may deem necessary to give effect
to provisions of this chapter and any amendments thereto.
[Ord. 2005-292 § 1
(part)]
The finance director has charge of the procurement and disposition
of all equipment, materials, supplies and independent contractors'
services for use in or used in the City service.
The finance director is responsible for the activities of the
purchasing division. The procurement and disposition of all equipment,
materials, supplies, and independent contractors' services for use
in City service shall be conducted by the purchasing division, except
those contracts for construction of public improvements included in
the capital improvements program and professional service agreements
necessary for the implementation and construction of public improvements
included in the capital improvements program which shall be exempt
from this section and shall be in accordance with state law under
the direction of the City engineer or designee and professional service
agreements for attorneys, which shall be under the direction of the
Corporation Counsel. Purchases by the levee commission, library, housing
rehabilitation division, and civil rights commission also are not
conducted by the purchasing division.
[Ord. 2005-292 § 1
(part)]
The requirement of Iowa Code § 73.1 et seq. relating
to preference for state products and labor shall be observed by all
City officers and employees with respect to the purchase or use of
products and provisions grown and coal produced within the state.
[Ord. 2005-292 § 1
(part)]
A.
In recognition that businesses may pay higher property taxes due
to their location within the corporate limits and that such taxes
may increase the cost of providing goods and services in comparison
to businesses located outside the corporate limits and to encourage
businesses to locate and remain in the City through the provision
of a preference to local businesses in the awarding of City contracts
governed by this chapter, preference may be given to a responsive
bid from a business located within the corporate limits or that proposes
a product substantially manufactured within the City over an acceptable
low bid submitted by a business located outside of the corporate limits
or bid not including a product substantially manufactured within the
City, where the City bidder's bid exceeds the acceptable low bid by
no more than 1%.
"Substantially manufactured" means more than a de minimis portion
of the assemblage or production in the judgment of the purchasing
division. This preference is applicable only to goods and services
purchased without the assistance of federal, state or county grants
or funds or pursuant to the competitive bidding laws of the state.
B.
A business shall be determined to be within the corporate limits
of the City by the physical and economic relationship to the City
determined by the payment of City property taxes on a plant or office
or the payment of rent to a landlord paying City property taxes on
such plant or office for not less than one year.
[Ord. 2005-292 § 1
(part)]
Whenever feasible, requests made for bids and proposals for
materials, products, supplies, provisions and other needed articles
may be made in general terms and by general specifications and not
by brand, trade name or other individual mark.
[Ord. 2015-33 § 2; Ord. 2005-292 § 1 (part)]
When not otherwise required by law, the following shall not
be subject to the competitive bidding requirements of this chapter
unless otherwise determined by the finance director that competitive
bidding is in the public interest:
A.
Contracts which by their nature are not adapted to award by competitive
bidding, including but not limited to contracts for the services of
individuals possessing a high degree of professional skill where the
ability or fitness of the individual plays an important part, and
contracts for the disposal of special or hazardous waste materials,
where the charge for services cannot be calculated until an analysis
of the waste is completed.
B.
Contracts for Utility Services.
C.
Contracts for the repair of equipment and machinery or for repair
parts, when required repair parts are available only from a single
factory source and are sold through a single area-wide distributor,
and competitive bids for such repairs are thus not prospectively obtainable,
and the finance director approves the process.
D.
Contracts for the purchase of goods or services that are of such
a nature that they are the only goods or services which will fit and
comply with the required use, or are an integral part of a total system
so as to be uniquely compatible with existing City needs, materials
or equipment to be cost effective, and the finance director approves
the process.
E.
Contracts for the purchase of goods or services through which non-profit
associations, established to aid or assist governmental bodies or
other governmental agencies, have secured special rates or provisions
for the purchase of goods or services for the benefit of governmental
bodies or agencies.
F.
Contracts for goods or services procured through a cooperative chapter
28E agreement that were procured by a governmental entity participating
in said 28E agreement, provided that the finance director determines
that said entity procured the goods or services pursuant to competitive
procurement procedures substantially equivalent to those set forth
in this division. This provision also applies to purchases through
the Bi-State Regional Commission.
G.
Contracts for the purchase of goods, services, or construction involving
amounts of $50,000 or less.
H.
Any procurement from any federal, state, or local government unit
or agency thereof surplus machinery, motor vehicles, materials, supplies,
commodities, or equipment as may be made available through the operation
of any legislation heretofore or hereafter enacted.
I.
Any procurement of machinery, motor vehicles, materials, supplies,
commodities, equipment or services from contracts established by the
state of Iowa Department of General Services or Department of Transportation
pursuant to procedures established by Iowa Code Chapter 18 and rules
and regulations promulgated thereunder.
J.
Regular or temporary employment contracts or hiring in the municipal
service, whether with respect to the classified service or otherwise.
K.
Any procurement from any federal, state, or local government unit
or agency thereof, without conforming to the competitive requirements
of this chapter, such machinery, motor vehicles, materials, supplies,
commodities, equipment or services as are authorized by the finance
director, provided that the purchasing division determines that such
machinery, motor vehicles, materials, supplies, commodities, equipment
or services were competitively procured by such unit or agency pursuant
to competitive procurement procedures substantially equivalent to
those set forth in this chapter, and can be purchased without mark-up
from such other federal, state, or local government unit or agency.
L.
Procurement of equipment pursuant under contracts that have been
competitively established through the Western States Contracting Alliance
and other cooperative group contracting consortiums for state government
departments, institutions, agencies and political subdivisions, without
conforming to the competitive bidding requirements of this division.
M.
Where service or parts must be obtained from original equipment contractor
in order to maintain equipment operation and warranty.
N.
The City Council may on a case by case basis, upon the recommendation
of the finance director and for good cause shown, exempt contracts
for the provision of goods and/or services from the competitive bidding
requirements not otherwise exempted by this section.
[Ord. 2019-193; Ord. 2005-292]
A.
Public Emergencies: The Mayor may declare a public emergency by issuance
of a proclamation. Upon issuance of the proclamation the provisions
of this chapter are suspended until the Mayor or City Council take
action to declare an end to the emergency. During the emergency, the
finance director may procure by purchase or lease such goods and services
as are deemed necessary by him or her for the City's emergency response
effort. Such emergency procurement of goods or services may be made
in the open market without filing a requisition or estimate therefor,
and without advertisement therefor, for immediate delivery or furnishing.
A full written account of all emergency procurements made during such
emergency, together with a requisition for the materials, supplies,
equipment or services required therefor, shall be submitted to or
provided by the finance director within 30 days after their procurement
and shall be open to public inspection for a period of at least one
year subsequent to the date of the emergency purchases. The finance
director shall, within three months of the conclusion of such emergency,
formally communicate the emergency expenditures in a full written
account to the City Council.
B.
Operating Emergencies: The finance director may purchase or may authorize
a purchasing agent in writing or any department or any board or commission
of the City to purchase, in the open market without filing a requisition
or estimate therefor and without advertisement, any supplies, materials
or equipment, or services that could not have been reasonably foreseen
or anticipated, for immediate delivery or furnishing to meet bona
fide operating emergencies if the amount thereof is not in excess
of $100,000. A full written account of any such operating emergency,
together with a requisition for the materials, supplies or equipment
required therefor, shall be submitted immediately to the finance director
and shall be open to public inspection for a period of at least one
year subsequent to the date of the emergency purchases. The finance
director, at the next immediate Council meeting, shall formally communicate
the emergency expenditure in a full written account to the City Council.
This exercise of the authority invested in finance director in respect
to purchases to meet such bona fide operating emergencies shall not
be dependent upon the Mayor issuing an emergency proclamation.
C.
In any emergency event, the finance director shall submit by resolution
for City Council ratification any single expenditure of $100,000 or
more.
D.
In addition, the foregoing subsections should not be construed to
prohibit the City from using an after-the-fact ratification process.
[Ord. 2005-292 § 1
(part)]
Any agreement or collusion among bidders or prospective bidders
in restraint of freedom of competition by agreement to bid a fixed
price or otherwise shall render the bids of such bidders void. With
respect to bids in excess of $25,000, each bidder shall accompany
his or her bid with a sworn statement or shall otherwise swear or
affirm that he or she has not been a party to any such agreement.
Any disclosure in advance of the opening of the bids of the terms
of the bids submitted in response to an advertisement made or permitted
by the finance director shall render the proceedings void and shall
require readvertisement and reward.
[Ord. 2017-92 § 2; Ord. 2005-292 § 1 (part)]
A.
No purchase orders; no contracts of whatever nature for independent contractors' services or work; any purchase, lease or sale of personal property, materials, equipment or supplies; or the granting of any concession involving amounts up to $50,000 shall be awarded unless the same is authorized as provided in Section 2.12.070.
B.
No purchase orders; no contracts of whatever nature for independent
contractors' services or work; any purchases, lease or sale of personal
property, materials, equipment or supplies; or the granting of any
concession involving amounts in excess of $50,000, shall be awarded
unless the same is authorized by the City Council.
C.
An official copy of each awarded purchase order or contract, together
with all necessary attachments thereto, shall be retained by the finance
director in an appropriate file open to the public for such period
of time after completion or termination of contract during which action
against the City might ensue under applicable laws of limitation.
After such period as elapsed such purchase orders, contracts and attachments
may be destroyed.
[Ord. 2005-292 § 1
(part)]
In determining responsibility of bidders pursuant to this chapter,
the City may take into account the capacity or skill of the bidder
to perform the contract or provide the service required; whether the
bidder can perform the contract or provide the service promptly or
within the time specified, without delay or interference; the experience
of the bidder; the quality of performance of previous contracts or
services; the previous and current compliance by the bidder with laws
and ordinances relating to bidding or the contract or service or the
purchasing process; the sufficiency of the financial resources and
ability of the bidder to perform the contract or provide the services;
the quality, availability of the supplies, or contractual services
to the particular use required; the ability of the bidder to provide
future maintenance and service for the use of the subject to the contract;
quality of the product, goods or services proposed; and the number
and scope of conditions attached to the bid.
[Ord. 2015-33 § 3; Ord. 2005-292 § 1 (part)]
If, after competitive bidding procedures have been completed
pursuant to this chapter, the finance director determines that no
bid received for the purchase of equipment, materials, construction,
supplies or services is within the amount budgeted for the project
or varies significantly from estimated costs. City personnel may reject
all bids and accept new bids and quotes and may negotiate with vendors
for the purchase of such equipment, materials, construction, supplies
or services so long as the negotiations do not result in a material
change in the scope of the project. If a material change is required
to bring the bid within budget then the project must be rebid.
[Ord. 2005-292 § 1
(part)]
Any and all bids received in response to an advertisement may
be rejected by the City if the bidder is not deemed responsive or
responsible or the character or quality of the services, supplies,
materials or equipment does not conform to requirements or if the
specifications or requirements submitted by the City to the bidder
are determined to be faulty or incorrect or if the public interest
may otherwise be served thereby. If the lowest bid after formal advertisement
is rejected because it is not the lowest responsible bid, the person
or body rejecting it shall immediately state in writing the precise
reasons for rejection and file the same in the office of the purchasing
agent. Bids may be rejected by the finance director or Council.
[Ord. 2005-292 § 1
(part)]
A bond, with good and sufficient sureties, in an amount deemed
adequate, not only to insure performance of the contract in the time
and manner prescribed in the contract, but also to save indemnify,
and keep harmless the City against all loss, damages, claims, liabilities,
judgments, costs, and expenses which may in any way accrue against
the City in consequence of the granting of the contract or which may
in any way result therefrom may be required of each bidder upon contracts
involving amounts in excess of $5,000 when, in the opinion of the
finance director, the public interest will be served thereby.
[Ord. 2005-292 § 1
(part)]
No contract awarded shall be assignable by the successful bidder
without the written consent of the person or body authorized to award
the contract. In no event shall a contract or any part thereof be
assigned to a bidder who has been declared not to be a responsible
bidder for the particular contract.
[Ord. 2017-92 § 3; Ord. 2005-292 § 1 (part)]
The City Administrator or designee may authorize a change order
for an additional unit of material, equipment or service under $50,000
to an existing or recent purchase order previously approved by the
Council, if the circumstances requiring the change order were unforeseen
or unanticipated, the purchasing agent certifies that the lowest responsible
bidder agrees to hold the same price per unit open to allow the City
to make the additional purchase, and the change order does not materially
change the scope of the project.
[Ord. 2007-500 § 1; Ord. 2005-292 § 1 (part)]
A.
No contract or subcontract awarded pursuant to the provisions of
this chapter shall be let to any vendor which is disqualified as hereinafter
set out or is managed, controlled or more than 50% owned by a person
or entity so disqualified. A vendor which is disqualified or is managed,
controlled or more than 50% owned by a person or entity that is disqualified
shall not act as subcontractor on any such contract.
B.
When the finance director, in the finance director's discretion,
shall determine that a review should be undertaken regarding the suitability
of a contractor or subcontractor for performance of future contracts
with the City, the finance director shall review the performance of
such contractor or subcontractor in performing prior contracts with
the City. In determining whether a contractor or subcontractor should
be disqualified from bidding on or receiving any City contracts for
a period of time or be subject to other safeguards, the following
may be considered.
1.
Whether the contractor or subcontractor incorporated materials
into the work which were not in accordance with or equal to the materials
specified in the contract.
2.
Whether the contractor or subcontractor performed any work on
the contract without the insurance required by the contract.
3.
Whether the contractor or subcontractor completed the work in
a timely manner.
4.
Whether the contractor or subcontractor obtained all permits
required by law, and whether the contractor or subcontractor observed
all required safety precautions in connection with handling, storage
and use of explosives.
5.
Whether the contractor or subcontractor concealed substandard
work from inspectors.
6.
Whether the contractor or subcontractor falsified test results.
7.
Whether the contractor or subcontractor repaired all property
damaged in the course of doing the work.
8.
Whether the contractor or subcontractor paid suppliers.
9.
Whether the contractor or subcontractor complied with law relating
to equal opportunity in employment or rules governing disadvantaged
business enterprises.
10.
Whether the contractor or subcontractor disposed of hazardous
or regulated waste only in those locations and in the manner which
have been approved as provided by law and, if applicable, in the contract.
11.
Whether the contractor or subcontractor has paid applicable
taxes, fines, judgments, license fees, or special assessment due to
the City.
12.
Whether the contractor or subcontractor consistently fails to
comply with the requirements of the bidding process.
13.
Whether the contractor or subcontractor permits a subcontractor
or any employee to violate any of the requirements listed herein.
14.
Whether the contractor or subcontractor receives an unsatisfactory
score on the contractor evaluation form.
C.
If violations are found or the contractor receives an unsatisfactory
evaluation score, the finance director shall determine whether the
bidder should be disqualified and the period of such disqualification
or whether the bidder should be subject to other safeguards. In making
this determination following a review of past performance and current
actions of a contractor or subcontractor, the finance director shall
consider the seriousness of the violation, whether the violation was
intentional, and whether the contractor has been previously disqualified
from contracts with the City. Any period of disqualification under
this section shall not exceed five years.
[Ord. 2009-434 § 1]
All successful bidders must abide by the provisions of DBE/TSB
policy as a basis for the overall bid unless otherwise released from
this obligation in a waiver issued by the finance director.
[Ord. 2005-292 § 1
(part)]
All sales or leases of City property are subject to the finance
director's review and approval, unless the finance director states
otherwise in writing.
[Ord. 2006-413; repealed
by Ord. 2017-93]
[1]
Editor's Note: Former Section 2.12.250 creating the River
Center Advisory Board was repealed.
[Ord. 2006-413; Ord. 2015-117; repealed by Ord. 2017-93]
[1]
Editor's Note: Former Section 2.12.260 pertaining to membership
and duties of the River Center/Adler Theater Advisory Board was repealed.
[Added 6-8-2022 by Ord. No. 2022-285]
Financial interest disclosure regulations are outlined in City
of Davenport Administrative Policy 4.10.
