The regular meeting of the Woonsocket City Council was called to order by Mayor Richard Reider at 7:00 p.m., Monday, August 3, 2020, with the following members present: Derek Foos, Darin Kilcoin, John Baysinger, Arin Boschee, Garret Foos and Joel Rassel.

Motion by Boschee, seconded by G. Foos, to approve the agenda. Motion carried.

Motion by Kilcoin, seconded by D. Foos, to approve the August 9, 2020, minutes. Motion carried.

Motion by D. Foos, seconded by Boschee, to approve the Financial Report. Motion carried.

Motion by D. Foos, seconded by Rassel, to approve the second reading of Ordinance 20-05 2020 Supplemental Budget. Motion carried.

ORDINANCE 20-05

2020 SUPPLEMENTAL BUDGET ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOONSOCKET, SANBORN COUNTY, SOUTH DAKOTA, AS FOLLOWS:

SECTION 1: That the following is appropriated to meet the obligations of the municipality, City of Woonsocket, South Dakota:

43300 Water Pumps $24,482.72

Total Appropriations: $24,482.72

SECTION 2: That the following is a summary by fund of the appropriated amounts and the means to finance them:

Second Penny Sales Tax $24,482.72

Total Appropriations: $24,482.72

THIS ORDINANCE SHALL TAKE EFFECT AND BE ENFORCED FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION.

PASSED AND APPROVED THIS 9TH DAY OF JULY, 2020

Richard Reider

Mayor

ATTEST:

Tara Weber

Finance Officer

(SEAL)

  First Reading: July 9, 2020

  Second Reading: August 9, 2020

  Adopted: August 9, 2020

  Published: August 13, 2020

Motion by Rassel, seconded by G. Foos to approve the following bills:

Hawkins $6,928.44 Water/Pool

Express Stop $362.47 Shop

Honda of Mitchell $139.72 Parks

Milbank Winwater $680.08 Water

Scott Supply $74.99 Shop

One Call $23.52 Shop

South Dakota Rural Water $405.00 Membership

Sanborn Weekly Journal $1,213.93  Publishing

Northwest Pipe Fitting $33.00 Shop

Express 2 $554.09 Shop

Carquest of Mitchell $87.99 Shop

AmeriPride $163.26 Shop

Department of Revenue $266.26 Sales Tax

First National Bank $6,862.60 Payroll Tax

South Dakota Retirement Plan $1,464.48 Retirement

C. Eagle Construction $4,045.84 Pool

C. Eagle Construction $4,204.70 Pool

Dakota Pump $249.34 Water

NorthWestern Energy $7,097.61 Utilities

OLD BUSINESS

Council discussed the watertower.

Council discussed the campground bathhouse. 

Council discussed the streets that are going to be paved this year.

Council discussed the CARE Money for COVID relief. Motion by Rassel, seconded by Kilcoin, to approve the Conflict of Interest Resolution.

CITY OF WOONSOCKET, SOUTH DAKOTA

PROCUREMENT AND CONFLICT OF INTEREST POLICY

The requirements for procurement are commonly contained in the Federal Uniform Guidance, program legislation, Federal awarding agency regulations, State bid laws and/or the terms and conditions of the award.  To ensure compliance with these requirements, City of Woonsocket, hereinafter referred to as the Municipality, will adhere to the following policies and procedures when utilizing public funds:

1. Purchasing and procurement related to Federal funds will be subject to the general policies and procedures of South Dakota Bid Law (SDBL), unless federal requirements are more restrictive, then federal requirements and bidding thresholds will take precedence. (§5-18A-32 and §200.318(a))

2. Pursuant to §5-18A-14 the Municipality shall adhere to three bid limits when entering into purchase contracts. If the purchasing agency intends to enter into a contract for any public improvement that involves the expenditure of one hundred thousand ($100,000) dollars or more, an  equipment purchase in excess of fifty thousand ($50,000) dollars or any contract for the purchase of supplies or services, other than professional services, that involves the expenditure of twenty-five thousand ($25,000) dollars or more, all as amended, the purchasing agency shall advertise for bids or proposals with the exception of exempt items. (§5-18A-22)

3. The Municipality will maintain oversight to ensure that contractors perform in accordance with the terms, conditions and specifications of contracts or purchase orders. (§200.318(b) and §5-18B-14)

4. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, 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 tangible personal benefit from a firm considered for a contract. The officers, employees, and agents can neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. If the financial interest is not substantial or the gift is an unsolicited item of nominal value, no further action will be taken. However, disciplinary actions will be applied for violations of such standards otherwise. (§200.318(c)(1) and (§5-18A-17.5)

5. The Municipality will avoid acquisition of unnecessary or duplicative items. Consideration will be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. The Municipality will also analyze other means, as described in §200.318(d), to ensure appropriate and economic acquisitions. 

6. The Municipality will award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. (§200.318(h)) and (§5-18B)

7. Federal program files will document the significant history of the procurement, including the rationale for the method of procurement, selection of the contract type, contractor selection or rejection, and the basis of contract price. (§200.318(i)) 

8. The Municipality may use time and material type contracts only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. (§200.318(j)) and SDBL 

9. Procurement will provide for full and open competition. (§200.319 and (§5-18A-3)

A. Firms who develop or draft specifications requirements, statements of work, and invitations for bids or requests for proposals will be excluded from competing for such procurements or contracts Contractors.  

B. Other restrictive practices are prohibited:

i. Placing unreasonable requirements on firms for them to qualify to do business;

ii. Requiring unnecessary experience and excessive bonding;

iii. Noncompetitive pricing practices between firms or between affiliated companies;

iv. Noncompetitive contracts to consultants that are on retainer contracts;

v. Organizational conflicts of interest;

vi. Specifying only a ‘brand name’ product instead of allowing ‘an equal’; and

vii. Any arbitrary action in the procurement process.

C. The Municipality will conduct procurements in a manner that prohibits state, local, or tribal geographical preferences.  In the case of architectural or engineering services, geographic location may be a selection criterion provided it leaves an appropriate number of qualified firms, given the nature and size of the project. 

10. The Municipality must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:

A. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

B. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

F. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

11. The Municipality will use the procurement methods as outlined by §200.320 which are summarized as follows:

A. Micro purchases, aggregate amounts up to four thousand ($4,000) dollars or as amended. No quotations or bids will be required if a majority of the Board of County Commissioners considers the price to be reasonable. To the extent practicable, the Municipality will distribute micro-purchases equitably among qualified suppliers; 

All purchases between four thousand ($4,000) dollars and twenty-five thousand ($25,000) dollars or as amended require three (3) quotations or documented efforts thereto. (§5-18A-11)

B. Small Purchases, contracts between twenty-five thousand ($25,000) dollars for supplies and services, fifty thousand ($50,000) dollars for the purchase of equipment or one hundred thousand ($100,00) dollars for public improvements and two hundred forty-nine thousand nine hundred and ninety-nine ($249,999) dollars or as amended the Municipality shall obtain quotations from three (3) qualified sources or documented efforts thereto yet must follow South Dakota Bid law as referenced in items #1 and #2, whichever is more restrictive;

C. Purchases exceeding the Simplified Acquisition Threshold of two hundred fifty thousand ($250,000) dollars or as amended shall require the preparation of a cost analysis. Based on the facts and circumstances of each procurement, the Municipality will follow one of the following three procurement methods while adhering to South Dakota Bid law as referenced in items #1 and #2 whichever is more restrictive. 

D. Bidding and Proposals

i. Sealed Bids

a. Bids are publicly solicited, and a lump sum or unit price contract is awarded to the responsible lowest bidder who conforms with all the material terms and conditions;

b. The invitation for bids will be publicly advertised and bids must be solicited from an adequate number of known suppliers, providing them adequate response time prior to the date set for opening the bids;

c. The invitation for bids, which will include any specifications and pertinent attachments must define the items or services for the bidder to properly respond;

d. All bids will be publicly opened at the time and place prescribed in the invitation for bids;

e. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder; and

f. Any or all bids may be rejected if there is a sound documented reason.

ii. Competitive Proposals

a. Normally conducted with more than one source submitting an offer;

b. Either a fixed price or cost-reimbursement type contract will be awarded;

c. Will generally be used when conditions are not appropriate for the use of sealed bids;

d. The following requirements will apply;

1) Requests for proposals will be publicized and identify all evaluation factors and their relative importance in accordance with these requirements and SDBL;

2) Proposals will be solicited from an adequate number of qualified sources;

3) The Municipality will have a written method for conduction of technical evaluations of the proposals received and for selecting recipients;

4) Contracts will be awarded to the responsible firm whose proposal is most advantageous to the Municipality, with price and other factors considered; and 

5) The Municipality may use competitive proposal procedures for qualifications-based procurement of architectural or engineering (A/E) services whereby competitors’ qualifications are evaluated, and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation.  This method, where price is not used as a selection factor, can only be used in procurement of A/E professional services.  It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed service.

iii. Noncompetitive proposals (§200.320(f)) and SDBL 5-18A-(9), (10)

Will be used only when one or more of the following factors apply. The factors to be considered include:

a. The item is available only from a single source;

b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

c. The Federal awarding agency (or pass-through entity) expressly authorizes this method in response to a written request from the Municipality;

d. After solicitation of several sources, competition is determined inadequate;

e. The proposed activity is completed in accordance with the bid laws of the State of South Dakota; and

f. The Municipality will maintain written documentation of the process.

g. The Municipality shall perform a cost or price analysis pursuant to §200.320(c)(2)(iv) for every procurement action more than the Simplified Acquisition Threshold of two hundred fifty thousand ($250,000) dollars.

On the 3rd day of August,                  2020, City of Woonsocket, Municipality of City of Woonsocket, State of South Dakota adopts the Procurement Policy detailed herein.

Dated this 3rd day of August, 2020.

Richard Reider

Mayor

ATTEST:

Tara Weber

Finance Officer

NEW BUSINESS

The council discussed the 2021 Budget. 

With no further business to be discussed, motion by D. Foos, seconded by Baysinger, to adjourn the meeting. The meeting was adjourned at 8:36 p.m.

Richard Reider

Mayor

(SEAL):

Tara Weber

Finance Officer