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CITY OF DOVER, DELAWARE
COUNCIL COMMITTEE OF THE WHOLE MEETING
Tuesday, May 10, 2022 at 6:00 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
THE PAPERLESS PACKET FOR THIS MEETING HAS BEEN REVISED TO INCLUDE
SUPPORTING DOCUMENTATION FOR ITEM #4 PROPOSED AMENDMENTS TO THE
CITY OF DOVER PURCHASING POLICY(LORI PEDDICORD, CONTROLLER
TREASURER)
AGENDA
Public comments are welcomed on any item and will be permitted at the appropriate time. When
possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you
wish to be recognized.
VIRTUAL MEETING NOTICE
This meeting will be held in the City Hall Council Chambers with electronic access via
WebEx. Public participation information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/vn6ymf
Event number: 2346 058 6510
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting
starts.
CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
ADOPTION OF THE AGENDA
MAYOR AND COUNCIL REPORTS
1. Council President Sudler
2. First District
3. Second District
4. Third District
5. Fourth District
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6. At-Large
7. Mayor Christiansen
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COUNCIL COMMITTEE OF THE WHOLE MEETING - May 10, 2022 PAGE 2
ADJOURNMENT OF THE PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE MEETING
UTILITY COMMITTEE
ADOPTION OF THE AGENDA
1. Report on Stormwater Utility (Sharon Duca, Assistant City Manager)
(Committee Action Not Required)
2. Renewal of Contract with The Energy Authority for Energy Management Services (David
S. Hugg, III, City Manager and Paul Waddell, Electric Director)
(Staff recommendation: Approve the modified contract extension for the period July 1,
2022 to June 30, 2023, with requested renewal provisions.)
ADJOURNMENT OF THE UTILITY COMMITTEE MEETING
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
ADOPTION OF THE AGENDA
1. Presentation Court Appointed Special Advocate (Latysse Mckinzie, CASA)
(Committee Action Not Required)
2. Evaluation of Proposals – Curbside Recycling Services
(Staff recommendation: Award the contract to Waste Industries of Delaware, LLC DBA
GFL Environmental for the provision of curbside recycling services for the City of
Dover. The contract shall be for three (3) years with the option to extend for two (2)
additional one (1) year periods)
3. Ordinance #2022-05 - Proposed Budget Amendment (Lori Peddicord,
Controller/Treasurer)
(Staff recommendation: Approval of the Proposed Budget Amendments for Fiscal Year
2022 and adoption of Ordinance #2022-05.)
4. Proposed Amendments to the City of Dover Purchasing Policy (Lori Peddicord,
Controller/Treasurer)
(Staff recommendation: Accept City of Dover Purchasing Policy as amended)
5. Review of Training, Conference, and Travel Policy (Lori Peddicord,
Controller/Treasurer)
(Staff recommendation: Accept the Training, Conference, and Travel Policy as amended)
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COUNCIL COMMITTEE OF THE WHOLE MEETING - May 10, 2022 PAGE 3
6. Discussion of Chapter 102 Taxation - Article VI. - Exemptions; Board of Assessment
Appeals - Section 102-183 - Tax exemption for disabled property owners and senior
citizens (Mr. Anderson and Mr. Rocha)
(Recommendation: Refer to staff with recommendations from discussion to draft a
Proposed Ordinance)
7. Report on Diversity, Equity, and Inclusion (David S. Hugg, III, City Manager)
(Committee Action Not Required)
8. Report on Increased Minimum Wage for City Staff (Dave S. Hugg, III, City Manager)
(Committee Action Not Required)
ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING
ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item 1.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Leg & Fin)
DEPARTMENT OF ORIGIN: City Manager’s Office SUBMITTED ON: April 14, 2022
PREPARED BY: Sharon J. Duca, P.E., Assistant City Manager
REVIEWED BY: David S. Hugg, III, City Manager and Lori Peddicord, Controller/Treasurer
SUBJECT: Report on Stormwater Utility
TIMETABLE: Implementation in January 2023
RELATED PROJECT: n/a
EXHIBITS n/a
REFERENCE: n/a
EXPENDITURE REQUIRED: n/a
AMOUNT BUDGETED: n/a
FUNDING SOURCE (Dept./Page in CIP & Budget): n/a
STAFF RECOMMENDATION:
Committee Action not Required.
BACKGROUND AND ANALYSIS:
The City of Dover’s public storm sewer system benefits 12,043 properties within City limits. These
properties contain 2,771 acres of impervious surfaces (i.e. concrete, buildings, asphalt, etc.) which directly
contribute stormwater runoff to the public storm sewer system. Given the age of the City’s storm sewer
system (approximately 20% of the City’s public storm sewer was installed prior to 1972), many of these
public stormwater assets have surpassed their service lifespan and are in dire need of replacement or major
repair. A recent example of such an issue is the large culvert repair that took place on Silver Lake
Boulevard this fiscal year. The roadway was cracking as sink holes were developing due to the sudden
culvert failure under the roadway. The culverts surpassed their service lifespan and were simply failing.
This caused an emergency repair which cost the City over $120,000.
Currently stormwater expenses are budgeted within the General Fund. The FY 2022 budget for
Stormwater (operating and capital) is $3,319,800. This equals 5.9% of the $56,151,800 General Fund
budget. A stormwater utility fee will provide greater flexibility within the General Fund so other pertinent
items may be funded as needed.
The City, primarily through the Department of Public Works, aims to be proactive with stormwater asset
management but doing so requires a dedicated and stable funding stream. A stormwater utility fee would
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Item 1.
provide the City the funding to proactively plan, manage, repair and replace stormwater assets which
would save the City and its taxpayers money by decreasing the amount of unplanned emergency storm
sewer repairs over time.
The Department of Public Works, Finance Department, Customer Services Department and City
Manager’s Office have been actively working toward a final stormwater utility product to present to City
Council. The stormwater utility project started back in 2015 and has been continually refined over the
years to ensure residents and businesses are charged an equitable and fair rate for their contribution of
stormwater runoff to the public storm sewer system.
Key tasks that staff have been working on include the following:
1. Development of a draft ordinance to address the development and implementation of a stormwater
utility.
2. Development of a proposed stormwater utility grant system, giving residents an opportunity to
apply for funding to help them alleviate drainage concerns on private property.
3. Development of a draft stormwater utility manual outlining the rates, credits and grants procedures
so residents and businesses can navigate regulations easily.
4. Revision to the original stormwater utility financial model including updating square feet of
impervious surface within the City using 2017 data (this is the latest data provided by the State of
Delaware – original model used data from 2012). The Department of Public Works anticipates
having the updated model complete by July 1, 2022.
5. Testing of the billing procedures by the Customer Services Department to ensure that stormwater
utility bills can be sent out timely and effectively.
6. Development of public outreach materials to explain the proposed stormwater utility and
associated processes.
Staff plans to have a final package ready to present to City Council by the end of the calendar year. Once
approved by City Council, Dover will have an equitable rate to fund stormwater expenses and help
residents with their private drainage concerns.
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Item 2.
ACTION FORM
PROCEEDING: Council Committee of the Whole – Utility Committee
DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: May 4, 2022
PREPARED BY: David S. Hugg III
SUBJECT: Renewal of Power Supply/Energy management Agreement with The Energy Authority
REFERENCE:
RELATED PROJECT:
REVIEWED BY: City Manager with input from City of Dover Risk Management Committee
EXHIBITS: Draft Contract Extension
EXPENDITURE REQUIRED: AMOUNT BUDGETED: Monthly fee $52,400/$634,800 annually
FUNDING SOURCE (Dept./Page in CIP & Budget): FY 2023 Electric Department Budget – Management
Fee (fee to be continued at current rate for FY23).
TIMETABLE: July 1, 2022, Effective Date: July 1, 2022
STAFF RECOMMENDATION: Extension of TEA Energy Management Agreement for one year with
renewal option.
BACKGROUND AND ANALYSIS
The City of Dover contracted with The Energy Authority (TEA) beginning in April 2011 to guide the City on
acquiring energy management hedges, daily energy balancing, negotiating EEIs, complying with PJM
requirements, advising on and arranging for short term capacity, advising on NEAS’ management of Dover
generation assets (including scheduling and dispatching generation, maintenance and decommissioning of the
McKee facility), arranging for fuel supplies, advising the City on various solar and other energy projects and
purchase options, tracking energy costs, managing collateral requirements, maintaining and updating the
Integrated Resource Plan, advising on the annual Electric Department budget, and other ongoing energy
matters. The city renewed TEA’s contract on July 2019 with an expiration date of June 30, 2022. TEA has
requested a contract modification and renewal on a year-to-year basis with automatic extensions subject to a
specified notice and termination provision.
The energy market is in disarray at the moment, subject to wildly fluctuating costs (Natural Gas closed just
below $8/1000 btu recently up from about $3 less than six months ago), proliferation of alternative energy
generation projects, changing state laws, and other stresses that make it imperative that Dover have the long
standing and highly skilled services provided by The Energy Authority. We could not replicate the breadth of
services and expertise in house.
RECOMMENDATION:
Approve the modified contract extension for the period July 1, 2022 to June 30, 2023, with requested renewal
provisions.
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Exhibit
Item 2.
ENERGY MANAGEMENT AGREEMENT
Between
THE CITY OF DOVER, DELAWARE
And
THE ENERGY AUTHORITY, INC.
This ENERGY MANAGEMENT AGREEMENT (this “Agreement”) is made as of the 1st
day of July, 2022 (the “Effective Date”), by and between The Energy Authority, Inc., a Georgia
non-profit corporation (the “Energy Manager” or “TEA”), and Dover, Delaware, a municipal
corporation of the State of Delaware (“Dover”). The Energy Manager and Dover are sometimes
individually referred to as a “Party” and jointly referred to as the “Parties”.
WHEREAS, Dover is a municipality which owns an electric energy generating unit located
in Dover, Delaware, maintains hedged positions for electricity, and has bi-lateral long-term
contracts with Third Party developers and suppliers of electric energy with a generating unit
located in Dover, Delaware; and
WHEREAS, the Energy Manager has expertise in asset management, Fuel and Power
procurement and risk management; and
WHEREAS, Dover wishes to engage the Energy Manager’s services to assist Dover with
its procurement, sale, and management of Fuel and Power, and its risk management policies,
support services, and hedging protocols with respect to the electric generating unit,
NOW, THEREFORE, in consideration of the mutual agreements, covenants and conditions
contained in this Agreement, as well as for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as
follows:
ARTICLE 1
DEFINITIONS
“Administered Contract” means any Authorized Purchase Contract, Authorized Sales
Contract, Authorized Storage Contract, Authorized Transportation Contract, Authorized
Transmission Contract, or other contract entered into by or on behalf of Dover that is administered
by Energy Manager under the terms of this Agreement.
“Asset and Strategic Planning Services” has the meaning assigned to such term in Section
4.1 hereof.
“Auction Revenue Right” is the right to receive revenues from the FTR Auctions
administered by PJM.
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Exhibit
Item 2.
“Authorized Purchase Contract” means an agreement entered into by or on behalf of Dover
with a Third Party for the purpose of purchasing Power, Fuel, Emissions Allowances, FTRs, and
Renewable Energy Credits under the Agreement.
“Authorized Sales Contract” means an agreement entered into by or on behalf of Dover
with a Third Party for the purpose of selling Power, Fuel, Emissions Allowances, FTRs, and
Renewable Energy Credits owned by Dover.
“Authorized Storage Contract” means an agreement entered into by or on behalf of Dover
for the purpose of storing Fuel owned by Dover.
“Authorized Transmission Contract” means an agreement entered into by or on behalf of
Dover with a Third Party for the transmission of Power.
“Authorized Transportation Contract” means an agreement entered into by or on behalf of
Dover with a Third Party for the purpose of transporting or delivering Fuel that is owned by Dover.
“Claim” has the meaning assigned to such term in Section 9.1 hereof.
“Dover Indemnitee” has the meaning assigned to such term in Section 9.2 hereof.
“Early Termination Date” has the meaning assigned to such term in Section 2.2 hereof.
“Effective Date” has the meaning assigned to such term in the Preamble hereof.
“Emissions Allowances” means sulfur dioxide emissions allowances, carbon dioxide
emissions, or nitrous oxide emissions allowances granted to, purchased by, or otherwise held by,
Dover at any point during the Term under the U.S. Environmental Protection Agency Acid Rain
Program or the U.S. Environmental Protection Agency State Implementation Plan for the state of
Delaware, or through the Regional Greenhouse Gas Initiative, as the same may be modified from
time to time.
“Energy” means Power and Fuel.
“Energy Management Services” has the meaning assigned to such term in Section 6.1
hereof.
“Energy Manager Indemnitee” has the meaning assigned to such term in Section 9.1
hereof.
“FTR” means Financial Transmission Right which is a financial instrument that entitles
the holder to receive compensation for congestion costs that arise when the transmission grid is
congested in the day-ahead Energy market, and differences in day-ahead Locational Marginal
Prices result from the dispatch of generators to relieve the congestion.
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Exhibit
Item 2.
“Fuel” means #2 Fuel Oil, or natural gas or such other fuels as may be mutually agreed to
in writing by Dover and the Energy Manager.
“Term” has the meaning assigned to such term in Section 2.1 hereof.
“Law” means any constitution, charter, statute, ordinance, code, rule, regulation, tariff or
other legislative or administrative action of any governmental entity having jurisdiction,
including, without limitation, any rules, policies and procedures lawfully ordered by a
transmission provider, Regional Transmission Organization or Independent System Operator
governing the area in which the Project is located.
“Management Committee” has the meaning assigned to such term in Section 4.1(a) hereof.
“Monthly Operating Plan” has the meaning assigned to such term in Section 4.1(c) hereof.
“Operator” means North American Energy Services Company, or its successor.
“Person” or “Persons” means any individual, partnership, corporation, association,
business, trust, limited liability company, governmental authority or other legal entity.
“PJM” means the Pennsylvania-Jersey-Maryland Power Pool.
“Power” means electric capacity, electric energy and/or any other electric related products
or services available for purchase or sale by Dover, including ancillary services.
“Project” means Dover’s electric power production unit.
“Renewable Energy Credits” means credits established by the State of Delaware’s
Renewable Portfolio Standard, as the same may be modified from time to time.
“Risk Management Policies and Procedures” has the meaning assigned to such term in
Section 5.1(e) hereof.
“Risk Management Services” has the meaning assigned to such term in Section 5.1 hereof.
“Services” has the meaning assigned to such term in the Section 3.1(a) hereof.
“Strategic Operating Plan” has the meaning assigned to such term in Section 4.1(b) hereof.
“Termination Date” has the meaning assigned to such term in Section 2.1 hereof.
“Third Party” or “Third Parties” means any Person or Persons other than Dover or the
Energy Manager.
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Exhibit
Item 2.
ARTICLE 2
TERM
Section 2.1 Term. This Agreement is effective beginning on the Effective Date and
shall continue for an initial period of twelve (12) months, ending on through June 30, 2023 (the
“Initial Term”). At the end of the Initial Term, this Agreement shall renew annualy (each a
“Renewal Term”), until either Party provides one-hundred eighty (180) days prior written notice
(“Notice”) to the other Party of the date of Termination the (“Termination Date”). The period
beginning on the Effective Date and ending on the Termination Date is the “Term.”
Section 2.2 Early Termination. This Agreement may be terminated (a) for cause at any
time during the Term for non-performance upon ninety (90) days written notice; (b) upon written
notice at any time during the Term if the notified Party’s activities are deemed by the notifying
Party to be unlawful and the notified Party declines to commence correcting the illegality
immediately and fails to correct the illegality within twenty (20) days, provided that such cure
period may be extended if the Notified Party is continuing in good faith to cure the illegality; and
(c) after reasonable notice and opportunity to cure, which cure period shall be twenty (20) days,
for non-payment when the Party that has declined to make payment fails to state the reason for
withholding payment to the other Party. The effective date of the termination under this provision
shall be known as the “Early Termination Date.”
ARTICLE 3
ENERGY MANAGER FUNCTION
Section 3.1 Agency.
(a) Dover hereby appoints and authorizes the Energy Manager to act as
its agent for the purposes set forth in this Article 3, and the Energy Manager hereby accepts such
appointment and authorization. Energy Manager’s agency may be revoked by Dover only as a
result of the expiration of this Agreement or a termination of this Agreement by Dover pursuant
to Article 2 hereof. The Energy Manager shall provide the following services (collectively, the
“Services”): (i) the Asset Management and Strategic Planning Services described in Article 4
hereof, (ii) the Risk Management Services described in Article 5 hereof, (iii) the Energy
Management Services described in Article 6 hereof, and (iv) such additional services as mutually
agreed in writing by the Parties, examples of which are listed on Appendix A hereto.
(b) The agency created hereby shall be irrevocable until the termination
or expiration of this Agreement. Persons dealing with the Energy Manager are entitled to rely
conclusively on the power and authority of the Energy Manager as set forth in this Agreement.
Dover shall, upon reasonable request of the Energy Manager, execute such additional documents
as may be necessary to give effect to the foregoing, including an authorization letter, the form of
which is set forth in Appendix B hereto.
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Exhibit
Item 2.
Section 3.2. Standards of Performance. The Energy Manager shall perform the Services
in compliance with this Agreement and all applicable governmental requirements and shall use its
commercially reasonable efforts to enhance the value of the Project to Dover consistent with the
Strategic Operating Plan. Energy Manager shall perform the Services with the standard of care,
skill, and diligence normally provided by consultants in the performance of services similar to the
Services. The Energy Manager shall ensure that it utilizes only professional and technically
competent personnel for the proper and timely execution of the Services. All personnel utilized by
the Energy Manager shall be qualified and trained for their respective positions and shall hold any
licenses required by applicable Law or other governmental requirements for the discharge of their
duties. The Energy Manager shall comply with all applicable federal and state labor and
employment Laws in the hiring of personnel who will be utilized in the performance of the
Services. The Energy Manager shall be solely responsible for all work to be performed under this
Agreement.
Section 3.3 Restrictions on Energy Manager. The Energy Manager shall not bind Dover
with respect to any transactions related to this Agreement without the prior Written Consent (as
defined in Seciton 3.4 hereof) of Dover. The Energy Manager shall assist Dover in the continuing
development of the Strategic Operating Plan, Monthly Operating Plan and Risk Management
Policies and Procedures, but shall have no approval rights with respect thereto. The Energy
Manager shall adhere to the policies and guidelines set forth in the Strategic Operating Plan, the
Monthly Operating Plan and the Risk Management Policies and Procedures in its performance of
the Services set forth in this Agreement. Notwithstanding any contrary provision in this
Agreement, the Strategic Operating Plan, the Monthly Operating Plan and the Risk Management
Policies and Procedures, the Energy Manager shall not (unless Dover otherwise directs the Energy
Manager in writing): (a) execute any contracts related to the Project, (b) execute any financial
Energy contract under this Agreement; or, (c) take title to any Energy that is purchased or sold by
Dover. Energy Manager shall not have any control over any decision to run or not run or the extent
to which to run the Project except to the extent consistent with the Strategic Operating Plan,
Monthly Operating Plan and the Risk Management Policies and Procedures. Dover shall have the
sole discretion to execute Energy or other contracts whether or not the Energy Manager
recommends that Dover execute such contract.
Section 3.4 Written Consent. Written consent required pursuant to this Agreement shall
include writings delivered on paper, facsimile, email, or instant message and may include other
written forms agreed to by the Parties. Instructions, directions, and the like, contained in plans
approved by Dover pursuant to this Agreement, shall constitute written consent for purposes
hereof.
Section 3.5 Recording. With respect to telephone calls to the TEA trading floor, unless
a Party expressly objects to a Recording (defined below) at the beginning of a telephone
conversation, each Party (i) consents to the monitoring of, and creation of a tape or electronic
recording (“Recording”) of, all telephone conversations between the Parties to this Agreement, (ii)
agrees that any such Recordings will be retained in confidence, secured from improper access, and
(iii) acknowledges that such Recordings may be submitted in evidence in any proceeding or action
relating to this Agreement. Each Party waives any further notice of such monitoring or recording,
and agrees to notify its officers, employees, agents, contractors, and other similar persons that may
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Exhibit
Item 2.
be subject to Recording, of such monitoring or recording and to obtain any necessary consent of
such officers, employees, agents, contractors, and such other similar persons. The Recording, and
the terms and conditions of a transaction, action to be taken or not taken, instruction, or the like
discussed by the Parties and any authorizations given thereto in such Recording, shall be the
controlling evidence of the Parties’ agreement with respect thereto in the event a written consent
is not provided prior to the subject action being taken, or not taken as the case may be; provided
that the timing of such is not inconsistent with the terms and conditions contained in the Recording.
ARTICLE 4
ASSET AND STRATEGIC PLANNING SERVICES
Section 4.1 Asset Management and Strategic Planning-Related Duties. The Energy
Manager shall perform the following asset management and strategic planning services (the “Asset
Management and Strategic Planning Services”):
(a) In conjunction with Dover, establish a management committee (the
“Management Committee”) the purpose of which is to provide a platform for the Energy
Manager and Dover to communicate regarding the management, operation and maintenance of the
Project, and administration of the Agreement. The Management Committee shall consist of three
representatives of Dover, one representative of the Energy Manager and one representative of the
Operator;
(b) Annually, develop and present to the Management Committee a long-term
(five year) strategic and operational business plan for Dover (the “Strategic Operating Plan”)
which plan shall include a near and long-term view of the Energy markets and Project conditions,
retirements, and additions for Dover incorporating load forecasts developed by the Energy
Manager and dispatch projections for the Project, fuel contracts, environmental restrictions, and
reserve margin requirements. Energy Manager shall update the Strategic Operating Plan monthly
and provide comparisons of the plan and budget to actual expenses and revenues. Upon approval
of the Strategic Operating Plan by Dover’s representatives on the Management Committee, or
other representative(s) designated in writing by Dover from time to time, the Energy Manager shall
conduct the Services for such operating year in accordance with such Strategic Operating Plan to
the extent reasonably practicable;
(c) Develop and present to the Management Committee monthly operating
plans that are derived from the Strategic Operating Plan taking into account the current market
outlook, hedged positions for Energy, congestion, and value at risk and the availability of the
generating assets (the “Monthly Operating Plan”), which plan shall include data provided by the
Operator. Upon approval of the Monthly Operating Plan by Dover’s representatives on the
Management Committee, or other representative(s) designated by Dover from time to time, the
Energy Manager shall conduct the Services for such operating month in accordance with such
Monthly Operating Plan to the extent reasonably practicable;
(d) Manage Dover’s Sulfur Dioxide, and Nitrogen Oxide emission allowance
inventory and compliance strategies and Dover’s Carbon Dioxide emission allowance inventory
and compliance strategies related to the Regional Greenhouse Gas Initiative, and from time-to-
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Exhibit
Item 2.
time make recommendations to Dover for the purchase and or sale of Emissions Allowances as
required to meet its regulatory compliance obligations;
(e) Manage Dover’s performance as it relates to the State of Delaware’s
Renewable Portfolio Standards and Renewable Energy Credits and from time-to-time make
recommendations to Dover for the purchase and or sale of Renewable Energy Credits as required
to meet its regulatory compliance obligations and policy decisions approved by Dover;
(f) Provide technical and market support to Dover as may be reasonably
necessary to ensure the above scope of work can be accomplished in the manner described above;
(g) Provide oversight and guidance to Dover with respect to the overall
coordinated operation and dispatch of the Project in order to optimize the performance and
integration of the Project with other activities of the Energy Manager with respect to delivering
energy and related services to Dover; and
(h) In conjunction with the Operator, advise Dover on environmental matters
involving the Project and cause to be submitted by Dover required environmental compliance
reports to state and federal regulatory agencies as mutually agreed to in writing by the Parties.
ARTICLE 5
RISK MANAGEMENT SERVICES
Section 5.1 Risk Management-Related Duties. The Energy Manager shall perform the
following risk management services (the “Risk Management Services”) on a continuing basis:
(a) Develop the Fuel and Power commodity risk profile of Dover, taking into
account both hedged and unhedged positions, that specifies the financial risk exposure of Dover
to changing Energy prices resulting from market volatility;
(b) Recommend to and ratify with Dover the explicit Fuel and Power price
boundaries that align with the explicit financial expectations of Dover;
(c) Maintain structured hedging rules to manage the Fuel and Power price
volatility that aligns with Dover’s financial expectations and risk tolerances, and calibrate such
rules as changes in market conditions dictate;
(d) Define the permissible instruments to manage Dover’s desired Energy risk;
(e) Review the current Risk Management Policies and Procedures (the “Risk
Management Policies and Procedures”) governing the risk management program and
authorizations by which Energy Manager will implement the Risk Management Services on behalf
of Dover, including risk controls and limits, and prepare recommendations for improving the Risk
Management Policies and Procedures, and present for review and approval by Dover’s
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Exhibit
Item 2.
representatives on the Management Committee, or other representative(s) designated by Dover
from time to time, revised Risk Management Policies and Procedures;
(f) Provide to Dover ongoing Fuel and Power hedging advisory and risk
management support, employing best practices and consistent with the Strategic Operating Plan,
which shall include tracking all of Dover’s Energy and fuel contracts and transactions in the
Energy Manager’s Energy Trading and Risk Management System to create and deliver position
and risk reports including:
(i) Market risk analysis comparing stochastic cash-flow distributions
before and after any hedge transactions;
(ii) Cash Flow at Risk reports monthly;
(iii) Position and market-to-model reports to track Dover’s hedged
positions on a weekly basis;
(iv) Evaluate Dover’s market position and make defensive and
discretionary hedge recommendations as described more fully in
Article 6; and
(v) Track Dover’s and counter-party credit exposure and provide
weekly reports to Dover.
(g) Measure and monitor Dover’s load following risk using long and short-term
load forecasts, hedging Dover’s long-term risk bilaterally, and bidding Dover’s forecasted load
into the PJM Day Ahead Energy Market; and
(h) Provide a program of education and training to Dover’s staff on Energy risk
management principles, as necessary.
Section 5.2 Contract Assistance. Dover acknowledges and agrees that any assistance
from the Energy Manager regarding the negotiation of hedging or financial contracts or
transactions is only for commercial purposes and is not intended to be a substitute for Dover’s own
analysis and review of such agreements or transactions. Dover shall seek such review of any
offered contract by its own attorneys, accountants, and other comparable professional advisors as
it deems necessary in its sole discretion and Dover shall be responsible for all costs associated
therewith. Dover agrees that it shall not rely solely on the Energy Manager for any such advice.
Section 5.3 Confidential Information. All summaries, data compilations, reports, and
documentation prepared by Energy Manager pursuant to Article 5 shall be deemed to be
confidential and not subject to disclosure without the express written consent of Dover.
Section 5.4 DISCLAIMER: DOVER ACKNOWLEDGES AND AGREES THAT: (I)
SUCH WORK PRODUCT OF ENERGY MANAGER FOR THE SERVICES RENDERED IN
ACCORDANCE WITH THIS ARTICLE 5 IS INTENDED SOLELY FOR USE IN RELATION
TO THE PURCHASE, SALE, AND USE OF FUEL, POWER, EMISSIONS ALLOWANCES,
AND FTRS; (II) SUCH WORK PRODUCT OF ENERGY MANAGER IS INTENDED FOR USE
SOLELY FOR NON-SPECULATIVE PURPOSES AND FOCUSES ON A LONG-TERM
HORIZON; (III) SUCH WORK PRODUCT OF ENERGY MANAGER IS INTENDED TO
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Exhibit
Item 2.
IDENTIFY ADVANTAGEOUS TIMES TO LOCK-IN (OR RETAIN OR RETURN TO A
NYMEX-BASED SETTLEMENT) COMMODITY PRICES FOR FUEL OR POWER AND IS
NOT A MECHANISM TO IDENTIFY THE HIGHS AND LOWS OF FUEL OR POWER; (IV)
ENERGY MANAGER’S WORK PRODUCT MAY CONTAIN SOME FORWARD LOOKING
STATEMENTS AND OPINIONS WHICH ARE BASED ON HISTORICAL AND/OR
CURRENT INFORMATION THAT RELATE TO FUTURE OPERATIONS, STRATEGIES,
FINANCIAL RESULTS OR OTHER DEVELOPMENTS; (V) CERTAIN UNANTICIPATED
FACTORS, INCLUDING WITHOUT LIMITATION, REGULATORY DEVELOPMENTS,
TECHNOLOGICAL CHANGES, AND GENERAL ECONOMIC CONDITIONS COULD
CAUSE ACTUAL RESULTS TO DIFFER FROM THE OPINIONS CONTAINED IN ENERGY
MANAGER’S WORK PRODUCT; (VI) ENERGY MANAGER MAKES NO GUARANTEES,
ENDORSEMENTS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACTUAL
RESULTS THAT DOVER MAY GENERATE BY USING THE INFORMATION CONTAINED
IN ENERGY MANAGER’S WORK PRODUCT; AND (VII) PAST PERFORMANCE IS NOT
INDICATIVE OF FUTURE RESULTS.
ARTICLE 6
ENERGY MANAGEMENT SERVICES
Section 6.1 Energy Management-Related Duties. The Energy Manager shall perform the
following energy management services (the “Energy Management Services”):
(a) Coordinate and administer the Administered Contracts, and interact with
Dover’s counterparties thereto;
(b) Prepare (i) monthly reports showing actual and estimated Fuel and Power
costs, loads, and transmission and generation credits; (ii) monthly financial reports showing the
volume and average cost of all hedges, (iii) monthly statements showing the projected and actual
average monthly cost per megawatt-hour of purchased Energy, including hedged positions, the net
cost of Energy after incorporating the costs of the Project (including Dover’s electric generating
facilities’ costs of Fuel, operations, maintenance, compliance, Capacity credits, Energy payments,
and other generation and purchased Power costs generally included in the overall cost of Energy,
provided costs of the Project are delivered timely by the Operator to the Energy Manager), (iv) on
a monthly basis, provide annual projected net cost of Energy for all hedged delivery years, (v)
present a quarterly market update presentation including fundamental market outlook, regulatory
updates, participation and conmmunication of Regional Transmission Organization
subcommittees, working groups, and task force meetings assocated with both existing market rules
and developing rule changes, prodcuts and charge types;
(c) On a monthly basis, prepare long-term (up to 60 months) load forecasts and
on an hourly basis, prepare short-term (next hour up to the 10 days out) load forecasts;
(d) Monitor and confirm adequacy of Dover’s physical and financial hedge
positions based upon long-term and short-term load forecasts in accordance with the Risk
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Management Policies and Procedures and bid Dover’s load into the PJM Day Ahead Energy
Market based on load forecasts developed by the Energy Manager;
(e) Negotiate on behalf of Dover physical Fuel and Power purchase, sale,
transmission and transportation contracts with Third Parties for consideration by Dover whether
to execute or not;
(f) Subject to the conditions provided in Section 6.1 (w), on a monthly and
daily basis, determine physical Power purchase requirements and structures;
(g) Subject to the conditions provided in Section 6.1 (w), on a monthly and
daily basis, seek transactions from local supply sources that will minimize congestion charges to
Dover;
(h) Subject to the conditions provided in Section 6.1 (w), on a monthly and
daily basis, arrange for the resale of Energy, transportation or transmission purchased under an
Administered Contract which is not utilized to capture value for Dover;
(i) In accordance with the Risk Management Policies and Procedures, arrange
for the purchase and delivery of Fuel under the applicable Administered Purchase Contract or
Administered Transportation Contract in order to meet the projected generation requirements of
the Project;
(j) Conduct competitive solicitations on behalf of Dover for Power, Fuel,
transmission and transportation to reduce Dover’s existing costs therefore;
(k) Schedule Dover’s Power load requirements and capacity commitments as
required by PJM;
(l) Develop pricing, dispatch and schedule Dover’s Power generation from the
Project;
(m) Participate on behalf of Dover as reasonably necessary in annual and
monthly PJM capacity and FTR auctions and recommend to Dover certain other bilateral
transactions with Third Parties to meet capacity obligations, to ensure Dover’s competitively
priced access to firm delivery rights into Dover aggregate load bus, and to mitigate congestion
charges;
(n) Analyze transmission paths on the PJM system, identify paths that would
maximize revenue from Auction Revenue Rights, and propose a strategy for bidding and securing
such ARRs that will financially benefit Dover;
(o) Arrange for the execution of financial hedges by Dover and physical hedges
by either Dover or the Energy Manager on behalf of Dover, for Fuel, Power and congestion under
an Administered Contract and pursuant to the Risk Management Policies and Procedures;
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(p) Participate in daily communications with the Operator to confirm the
Project’s availability and heat rates and with Contract Suppliers to confirm availability;
(q) On a daily basis, based upon the Project’s availability, heat rates and Fuel
costs, determine bidding strategy for the Project and submit bids to PJM accordingly;
(r) On a daily basis, schedule on behalf of Dover capacity credits so as to
optimize the value of such credits to Dover;
(s) On a daily basis, schedule Dover’s load into PJM;
(t) Coordinate with Third Party suppliers and transporters to ensure that Fuel
is delivered in accordance with any applicable Administered Contract, including applicable
pipeline balancing tolerances;
(u) Verify the accuracy of Dover’s invoices under any Administered Contract,
advise Dover of the accuracy of such invoices, including the PJM invoice, provide full details of
any variances and where appropriate, recommend to Dover what payments should be made and
otherwise monitor banking and charges; and
(v) Prior to the Termination Date or Early Termination Date, Energy Manager
shall cooperate with Dover in providing transition support, information, and services to a successor
supplier, contractor, or Dover.
(w) Unless significant fundamental changes occur, Energy Manager does not
expect to market Dover’s energy or transmission positions bilaterally on a monthly or daily basis.
However, Energy Manager will provide daily and weekly energy commentary to Dover as well as
a weekly report that details Dover’s counterparty credit positions and risk metrics.
Section 6.2 Contract Assistance. Dover acknowledges and agrees that any review or
negotiation by Energy Manager of specific contract terms offered to Dover by a Third Party is
only for commercial purposes and is not intended to be a substitute for Dover’s own analysis and
review of such terms. Dover shall seek such review of any offered contract by its own attorneys,
accountants, and other comparable professional advisors as it deems necessary in its sole discretion
and Dover shall be responsible for all costs associated therewith. Dover agrees that it shall not
rely solely on the Energy Manager for any such advice.
ARTICLE 7
DOVER COVENANTS
Section 7.1 Dover’s Duties. Dover shall perform the following duties to facilitate the
Energy Manager’s ability to effectively and efficiently perform the Services hereunder:
(a) Dover shall timely provide the Energy Manager with, or arrange for the
Energy Manager to receive, all pertinent and available information requested by Energy Manager
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to enable Energy Manager to perform the Services set forth herein, including without limitation,
information necessary to comply with the nominating, scheduling, balancing and other
requirements of any supplier, transporter, purchaser or transmission provider and to minimize
scheduling, balancing, overrun and similar penalties and charges, and information related to load
additions or deletions;
(b) Dover diligently shall take all action that may be necessary to designate the
Energy Manager as its agent to the extent necessary for the Energy Manager to perform the
Services set forth herein;
(c) Dover shall have at least one representative in attendance at all meetings of
the Management Committee;
(d) Dover shall diligently cooperate with the Energy Manager and with each
supplier, transporter, purchaser and transmission provider in the preparation and filing of all
applications, notices or other documents required by any federal, state or local government or
agency whose certification, authorization, permit, consent or approval may be necessary or
appropriate to permit said Persons to carry out their obligations under any Administered Contract;
and
(e) Dover shall cooperate with the Energy Manager to have all original invoices
promptly sent to the Energy Manager. The Energy Manager shall, on a monthly basis, provide a
timely review of, and approve copies of all invoices provided by suppliers, transporters,
transmission providers, buyers or any other Third Party under any Administered Contract for
payment by Dover. Dover shall pay, on a timely basis, all charges due under any Administered
Contract, and all amounts due under this Agreement.
ARTICLE 8
FEES AND PAYMENT
Section 8.1 Monthly Payment. For work performed as set forth in Articles 4, 5 and 6
hereof, during the Term, Dover shall pay the Energy Manager the amount of Fifty Two Thousand
Nine Hundred Dollars ($52,900.00) per month (the “Monthly Fee”). During the Term, on an
annual basis from the Effective Date, the Monthly Fee, including any incremental fees, will be
escalated by the greater of (i) four percent (4%), or (ii) the U.S. Government Consumer Price
Index - Urban (“CPI-U”).
Section 8.2 Travel Related Expenses. Except for travel between Dover and the Energy
Manager’s primary place of business for twelve monthly meetings, the Energy Manager shall be
reimbursed for all reasonable travel-related expenses it incurred that are related to the Services.
All such travel-related expenses shall be billed at cost and subject to audit and documentation
according to the standards applicable to the reimbursement of travel-related expenses incurred by
Dover employees.
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Section 8.3 Hourly Rates for Other Services. For work performed as set forth in Section
3.1(a)(iv) hereof where Energy Manager will be compensated based upon hours worked, Energy
Manager shall charge Dover the following hourly rates:
TEA 2022 Billing Rates(1)
Billing Rate
Job Group $/hour
Principal Consultant $340
Senior Consultant/Project Manager $290
Consultant $210
Analyst $165
Clerical $105
(1)
Billing rates subject to change after December 31, 2022.
Section 8.4 Payment. The Energy Manager shall provide Dover with an invoice on or
before the fifth (5th) day of each month setting forth the amounts due the Energy Manager for
Services rendered and travel-related and general and administrative expenses incurred during the
previous month under this Agreement. The invoiced amounts are due within thirty (30) days
following Dover’s receipt of the invoice. In the event that payment of invoiced amounts is not
received within thirty (30) days following receipt of the invoice by Dover, interest on the overdue
payment shall accrue at the rate of 1.5% per month until the date payment is received by the
Energy Manager. In the event any invoice is not paid within thirty-five (35) days after receipt by
Dover of a demand for payment by the Energy Manager, the Energy Manager may invoke the
Dispute Resolution rights in Section 12.13.
Section 8.5 Disputed Charges. Should Dover contest the validity, reasonableness or
accuracy of any Energy Manager invoice, Dover shall notify Energy Manager in writing within
ten (10) days after receipt of such invoice, explaining in detail the reasons for its contest. If Dover
disputes only part of an invoice submitted to it for payment, then it shall pay Energy Manager the
undisputed portion of such statement in accordance with Section 8.4 hereof and shall notify
Energy Manager in writing of the amount disputed. All such disputes shall be resolved pursuant
to Section 12.13 hereof.
ARTICLE 9
INDEMNITY AND LIMITATION OF LIABILITY
Section 9.1 Indemnification by Dover. Dover shall indemnify, defend and hold
harmless the Energy Manager, the Energy Manager’s affiliates and the officers, directors,
employees, representatives and agents of the Energy Manager and the Energy Manager’s affiliates
(herein collectively called the “Energy Manager Indemnitees” and individually called an
“Energy Manager Indemnitee”) from and against any and all Third Party claims, demands, suits,
actions, liabilities, losses, damages, judgments, fines, penalties, and legal or other expenses
(collectively, “Claim(s)”) that may arise directly from or in connection with this Agreement except
to the extent such Claim(s) arises from the gross negligence or willful misconduct of the Energy
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Manager Indemnitee. If a Claim(s) is asserted or action brought against an Energy Manager
Indemnitee as to which the Energy Manager Indemnitee believes it is entitled to indemnification
under this Article 9, the Energy Manager Indemnitee shall promptly notify Dover in writing of
such Claim. Dover may assume the defense of any such Claim(s) and the Energy Manager
Indemnitee shall cooperate in all reasonable respects in such defense. If Dover does not assume
such defense, then the Energy Manager Indemnitee shall have the right to defend such Claim(s) at
Dover’s expense, subject to the right of Dover to assume such defense at any time prior to
settlement or final determination thereof. In such event, the Energy Manager Indemnitee shall send
a written notice to Dover of any proposed settlement of any Claim(s) at least five (5) days in
advance of such proposed settlement and obtain Dover’s consent thereto, which consent shall not
be unreasonably withheld or delayed.
Section 9.2 Indemnification by Energy Manager. Energy Manager shall indemnify,
defend and hold harmless Dover and Dover’s officials, employees, and representatives (herein
collectively called the “Dover Indemnitees” and individually called a “Dover Indemnitee”) from
and against any and all Claims that may arise directly from, or in connection with this Agreement
but only to the extent such Claim(s) arises from the gross negligence, or willful misconduct of the
Energy Manager. If a Claim(s) is asserted or action brought against a Dover Indemnitee as to
which the Dover Indemnitee believes it is entitled to indemnification under this Article 9, the
Dover Indemnitee shall promptly notify Energy Manager in writing of such Claim. Energy
Manager may assume the defense of any such Claim(s) and the Dover Indemnitee shall cooperate
in all reasonable respects in such defense. If Energy Manager does not assume such defense, then
the Dover Indemnitee shall have the right to defend such Claim(s) at Energy Manager’s expense,
subject to the right of Energy Manager to assume such defense at any time prior to settlement or
final determination thereof. In such event, the Dover Indemnitee shall send a written notice to
Energy Manager of any proposed settlement of any Third Party Claim(s) at least five (5) days in
advance of such proposed settlement and obtain the Energy Manager’s consent thereto, which
consent shall not be unreasonably withheld or delayed.
Section 9.3 Limitation of Liability. The Energy Manager shall not be liable to Dover
under this Agreement except to the extent any losses, claims, damages or liabilities are caused by
the gross negligence or willful misconduct of the Energy Manager. Neither Party nor any of its
respective shareholders, partners, principals, affiliates, subsidiaries, officers, directors, agents or
employees shall be liable to the other Party for any consequential, special, incidental, multiple,
exemplary or punitive damages for performance or non-performance under this Agreement.
Neither Party nor any of their respective members, partners, principals, affiliates, subsidiaries,
officers, directors, agents or employees shall be liable to the other Party for any claim of lost
profits, whether such claim of lost profits is categorized under this Agreement as indirect, direct
or consequential damages or whatever theory of recovery.
Section 9.4 Insurance. Energy Manager shall maintain in full force and effect during
the term of this Agreement a professional liability insurance policy with a limit of not less than
Five Million Dollars ($5,000,000.00) Each Wrongful Act/ Five Million Dollars ($5,000,000.00)
Aggregate on a Claims-Made Basis if, and to the extent, such insurance is available on
commercially reasonable terms. Such policy shall be placed with an insurer that has a Best’s rating
of at least A-VII. The policy must also provide that the insurer notify Dover at least thirty (30)
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days prior to cancellation of the policy unless the cancellation is for non-payment of premiums, in
which case the insurer must notify Dover at least ten (10) days prior to cancellation. Upon Dover’s
request, Energy Manager shall furnish Dover with a certificate evidencing that the policy is in
effect.
ARTICLE 10
FORCE MAJEURE
Section 10.1 Force Majeure. If any Party is rendered unable, wholly or in part, by Force
Majeure to perform its obligations under this Agreement, other than that obligation to make
payments then or subsequently due, it is mutually agreed that performance of the respective
obligations of the Parties, so far as they are affected by such Force Majeure, shall be suspended
without liability from the inception of any such inability until it is corrected, but for no longer
period. The term “Force Majeure” means an event that was not within the control of the Party
claiming its occurrence, including without limitation, acts of God and public enemies, changes in
applicable Laws, war, terrorism, civil disobedience, floods, fires, strikes, explosions or other
catastrophes, and could not have been prevented, avoided or minimized by such Party through the
exercise of due diligence. No Party shall be required to settle any labor disputes against its will.
A Party claiming the existence of an event of Force Majeure shall give the other Party oral notice,
followed by written notice via facsimile, as soon as reasonable that states the nature, estimated
duration and cause of the Force Majeure. Any delay in furnishing such notice shall not delay the
effective time of a suspension under this Article 10. The Party asserting the occurrence of a Force
Majeure shall diligently use its reasonable best efforts to restore full performance by removing the
Force Majeure or providing alternative performance, provided that such Party shall not be
obligated to restore performance or provide an alternative performance where doing so would be
commercially impracticable.
ARTICLE 11
CHANGE IN LAW
Section 11.1 Change in Law. Energy Manager will not be obligated to perform any
Services under this Agreement except to the extent Energy Manager is authorized to perform such
Services under applicable Law. In the event that a change in Law should prevent Energy Manager
from performing any of the Services or render the provision of a Service illegal in any jurisdiction
where the Services are performed, Energy Manager shall be entitled to immediately cease
providing such Service. Energy Manager shall not be responsible to Dover for any losses suffered
or increased costs incurred by Dover as a result of any change in Law. If a change in applicable
Law so impedes Energy Manager from providing the Services that the intent of the Parties in
entering into this Agreement is frustrated, then either Party may thereupon terminate this
Agreement by providing written notice of such intent to the other Party.
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ARTICLE 12
MISCELLANEOUS
Section 12.1 Assignment. This Agreement cannot be assigned.
Section 12.2 Entire Agreement. The entire agreement between the Parties with respect
to the subject matter hereunder is contained in this Agreement. This Agreement supersedes all
prior negotiations, representations, contracts or agreements, whether written or oral, between the
Parties with respect to the subject matter of this Agreement. No alteration, amendment, or
modification of any of the provisions of this Agreement shall be binding unless in writing and
signed by the Parties.
Section 12.3 Waiver. The terms, covenants, representations, warranties and conditions of
this Agreement may be waived only by written instrument executed by the Party waiving
compliance. The failure of any Party at any time or times to require performance of any provision
of this Agreement shall not affect the right at a later date to enforce the same. No waiver by any
Party of any condition or of the breach of any provision, term, covenant, representation or warranty
contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall
be deemed to be or construed as a further or continuing waiver of any such condition or of the
breach of any other provision, term, covenant, representation or warranty contained in this
Agreement.
Section 12.4 Severability. If any portion of this Agreement is for any reason held or
adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction, such
portion so adjudged will be deemed separate, distinct and independent and the remainder of this
Agreement will be and remain in full force and effect and will not be invalidated or rendered illegal
or unenforceable or otherwise affected by such holding or adjudication.
Section 12.5 Governing Law, Jurisdiction and Venue. This Agreement shall be governed
by and construed in accordance with the Laws of the State of Delaware (except those Laws which
would require the application of the Laws of any other state). The Parties specifically consent to
the personal jurisdiction of the federal or state courts sitting in the State of Delaware with regard
to any such action and they specifically agree that the sole appropriate venue for any such lawsuit
is in the federal or state courts sitting in the State of Delaware.
Section 12.6 Notices. All communications regarding this Agreement should be in
writing and sent to the Parties at their respective addresses set forth below, unless notified in
writing to the contrary.
The Energy Authority, Inc.
Attn: Director of Contracts
301 W. Bay Street, Suite 2600
Jacksonville, FL 32202
Phone: 904-360-1317
Facsimile: 904-665-0228
E-mail: danderson@teainc.org
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Copy to:
Attn: Jamie Mahne
301 W. Bay Street, Suite 2600
Jacksonville, FL 32202
Phone: 904-360-1374
Facsimile: 904-665-0259
E-mail: jmahne@teainc.org
CITY OF DOVER
Attn: Dave Hugg, City Manager
City Hall - 15 Loockerman St.
Dover, DE 19901
E-mail : dhugg@dover.de.us.
Attn: L. Paul Waddell, Electric Director
Phone: 302-736-7088
Facsimile: 302-736-7081
E-mail: pwaddell@dover.de.us
Notice shall be given when received on a business day by the addressee. In the absence of
proof of the actual receipt date, the following presumptions will apply. Notices sent by facsimile
shall be deemed to have been received upon the sending party’s receipt of its facsimile machine’s
confirmation of successful transmission. If the day on which such facsimile is received is not a
business day or is after five p.m. Eastern Prevailing Time on a business day, then such facsimile
shall be deemed to have been received on the next following business day. Notice by overnight
mail or courier shall be deemed to have been received on the next business day after it was sent or
such earlier time as is confirmed by the receiving party. Notice via first class mail shall be
considered delivered five business days after mailing.
Section 12.7 Attorneys’ Fees. Should either Party prevail by a final unappealable
judgment in any judicial or arbitral action to enforce any right under this Agreement, the non-
prevailing Party shall be liable to the prevailing Party for the prevailing Party’s commercially
reasonable attorneys’ fees.
Section 12.8 Multiple Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall constitute an original, but all of which when taken together shall
constitute one and the same agreement.
Section 12.9 Confidentiality. The Parties agree that this Agreement and work product that
is not specifically identified as an exemption thereunder shall be governed by the Delaware
Freedom of Information Act. Energy Manager, except as provided for in the preceding sentence,
shall maintain as confidential this Agreement and any information that the providing Party deems
to be confidential; provided, however, that either Party may disclose information that is deemed
confidential hereunder in the event and to the extent such disclosure: (i) is consented to by the
other Party, (ii) is made to the receiving Party’s affiliates, subsidiaries, employees, consultants,
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attorneys, agents, or contractors and such subsidiaries, employees, consultants, attorneys, agents,
or contractors agree to keep such information confidential, (iii) regards information in the
receiving Party’s possession before receipt from the disclosing Party, (iv) regards information that
is or becomes a matter of public knowledge through no fault of the receiving Party, (v) regards
information that is independently developed by the receiving Party, or (vi) is required by a
governmental or regulatory authority having jurisdiction.
Section 12.10 Drafting. This Agreement shall be considered for all purposes as prepared
through the joint efforts of the Parties and shall not be construed against one Party or the other as
a result of the manner in which this Agreement was negotiated, prepared, drafted or executed.
Section 12.11 No Third Party Beneficiary. This Agreement is for the sole and exclusive
benefit of the Parties hereto and shall not create a contractual relationship with, or cause of action
in favor of, any Third Party.
Section 12.12 Survival of Provisions. The provisions of Sections 5.3, 5.4, 9.1, 9.2, 9.3,
12.7, 12.9, 12.11, 12.12, and 12.13 shall survive the termination or cancellation of this Agreement
for any reason whatsoever.
Section 12.13 Dispute Resolution.
(a) All disputes concerning interpretation or clarification of this Agreement, or
the acceptable performance thereof by Energy Manager, shall be immediately submitted in writing
to Dover for resolution. All determinations, instructions, and clarifications of Dover shall be final
and conclusive, unless the Energy Manager files with Dover within fourteen (14) days after Dover
notifies Energy Manager of any such determination, instruction, or clarification, a written protest,
stating clearly and in detail the basis thereof. Dover shall respond to such protest within thirty (30)
days of its receipt.
(b) In the event that use of the procedures set forth in this Section 12.13 does
not lead to satisfactory resolution of the dispute, either Party may send a Notice of Dispute to the
other Party and request a conference for resolution of such dispute. Within three (3) days after
delivery of such notice, each Party shall nominate a senior officer of its management to meet at
Dover’s offices, or at any other mutually agreed location, to resolve the dispute, which conference
shall be convened within ten (10) days after exchange of such nominations unless the Parties
mutually agree to another date. In the event the Parties are unable to resolve the dispute through
the procedures set forth in this Section 12.13, either Party shall have the right to pursue the
remedies in accordance with the procedures set forth in Section 12.13(c).
(c) Any controversy or claim arising out of or relating to this Agreement or the
breach thereof which cannot be resolved amicably under Sections 12.13(a) or (b) shall be referred
to a single arbitrator in accordance with the Commercial Arbitration Rules of the American
Arbitration Association and settled by binding arbitration. The venue for such arbitration shall be
Dover, Delaware. The Parties agree to submit to the jurisdiction of state and federal courts located
in the State of Delaware for the purposes of any proceedings ancillary to the conduct of any such
arbitration. The award of the arbitrator shall be final, and a judgment may be entered upon it by
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any court having jurisdiction. Discovery shall be made available in accordance with the procedures
set forth in the Federal Rules of Civil Procedure, but to a degree limited by the arbitrator as the
arbitrator deems appropriate to render the proceedings economical, efficient, expeditious and fair.
Interest at the rate specified herein shall be added to any monetary award for sums found to have
been due under this Agreement. Except as otherwise specified by the arbitrators, each Party shall
bear its own costs of the arbitration.
(d) During the pendency of any Dispute, the Parties will continue to perform
the obligations imposed upon them under this Agreement to the fullest extent possible, consistent
with their positions in dispute.
[Signature Page to Follow]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date
first written above.
CITY OF DOVER, DELAWARE THE ENERGY AUTHORITY, INC.
By: By:
Name: Dave Hugg Name: Joanie C. Teofilo
Title: City Manager Title: President and CEO
Date: ___________________________ Date: ___________________________
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APPENDIX A
The following services may be available from TEA, as agreed to by the Parties, under
separate task order agreeements:
• Integrated Resource Planning
• Technical Consulting
• Generation/Transmission project planning
• Advisory Services
• Cost estimating for new projects
• Contracting and procurement strategies
• Contract negotiations, not related to Power and Fuel supply contracts
• For new facilities or significant modifications to existing facilities:
o Project and environmental permitting
o Technical review and input
o Project scheduling
o Project management
o Engineering management
o Construction management
o Start-up services
o Performance testing
o Development and delivery of additional market or risk management
training programs
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APPENDIX B
AUTHORIZATION LETTER APPOINTING ENERGY MANAGER
AS DOVER’S AGENT FOR THE PURPOSE OF
MANAGING THE PROJECT
[Date]
Dear [Counterparty Name]:
The City of Dover, Delaware (“Client”) has appointed The Energy Authority, Inc. as Client’s
agent for energy management, including the coordination of Client’s generating assets located in
Dover, Delaware. This authority as Client’s agent includes: the authority to discuss with Client’s
electricity, fuel oil and natural gas suppliers, purchasers and transporters, on behalf of Client, its
energy supply requirements, energy sales opportunities and the services that the suppliers and
transporters can offer Client, as well as to request, on behalf of Client, supply, purchase and
transportation offers.
The purpose of this letter is to allow The Energy Authority, Inc. to give notice to energy suppliers,
purchasers and transporters that Client has appointed The Energy Authority, Inc. as Client’s agent
as set forth above. Client consents to The Energy Authority, Inc. providing a copy of this letter to
its utilities and energy providers, and any energy supplier, purchaser or transporter or other party
with whom The Energy Authority, Inc. must deal in furtherance of its activities as agent for Client.
By this letter, Client further authorizes and directs Client’s energy suppliers, purchasers and
transporters to provide The Energy Authority, Inc. with any and all information or documents
relating in any manner to Client’s energy supply, sales and transport requirements, including, but
not limited to, information and documents concerning: (i) past, present and future usage data on
an hourly, daily, monthly, annual and/or other basis; (ii) any and all information relating to fuel or
electricity nominations; (iii) all billing history data; and (iv) any other available usage information.
Sincerely,
The City of Dover, Delaware
By: ___________________________
Title: ________________________
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Item 3.
CASA
Delaware
LEND YOUR VOICE. 29
https://www.youtube.com/watch?feature=youtu.be&v=F5xth-p-9LE
Page 30
Item 3.
Court Appointed Special Advocates (CASA)
Make a life-changing difference for children who
have experienced abuse or neglect.
Trained members of the community who are
appointed by a Family Court Judge to advocate
and be a VOICE for abused and neglected children
in the courtroom and in the community.
CASAs get to know the child to articulate their
needs and wishes. CASAs work with the child’s
team to ensure their physical and emotional
needs are met.
Judges count on CASAs to keep them updated so
they can make the best decision regarding a
child’s care.
30
CASA Delaware| A voice for abused and neglected children
Page 31
Item 3.
Being in foster care is living in a constant state of flux. Homes, schools, families… everything is
always changing, often suddenly and without warning. The only constant was my CASA
volunteer. Without her I would have been lost in the system.”
Current Foster Youth
31
CASA Delaware | A voice for abused and neglected children
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Item 3.
HISTORY OF OCA/CASA DELAWARE PROGRAM
32
CASA Delaware| A voice for abused and neglected children
Page 33
OUR MISSION: a voice for abused and neglected Item 3.
children experiencing foster care
33
CASA Delaware | A voice for abused and neglected children
Page 34
Item 3.
the PROBLEM: OVERBURDENED SYSTEMS
22,485
Number of reports of
suspected child abuse
or neglect received by
the Division of Family
Services during Fiscal
Year 2021.
34
CASA Delaware | A voice for abused and neglected children
Page 35
Item 3.
the SOLUTION: casa Volunteers
Trained CASA volunteers help abused and neglected children
find safe, permanent homes.
30
50
1
Staff
Member
Volunteers
Supported Children Served
35
CASA Delaware | A voice for abused and neglected children
Page 36
Item 3.
the SOLUTION: casa Volunteers
200+ 54%
CASA volunteers help change Of children currently in foster care Our goal is for every child
children’s lives every day experiencing foster care to have a
have a CASA Volunteer.
Delaware. CASA Volunteer.
36
CASA Delaware | A voice for abused and neglected children
Page 37
Item 3.
the Results: Brighter Futures
CASA Programs
Change Lives A child with a CASA And, they are more likely to
A child with a CASA volunteer is half as likely succeed in school and less
Volunteer is twice as to re-enter the foster- likely to spend three or more
likely to find a safe, care system. years in care.
permanent home.
37
CASA Delaware | A voice for abused and neglected children
Page 38
Item 3.
THE UNIQUE ROLE OF A CASA
1. Investigate 3. Monitor
3. Facilitate 4. Advocacy
38
CASA Delaware | A voice for abused and neglected children
Page 39
Item 3.
THE UNIQUE ROLE OF CASA VOLUNTEERS
• 1 year commitment
• Be available to attend daytime hearings in Family Court
and team meetings
• Get to know your CASA child, and have regular contact
with them (phone, video, face-to face)
• Get to know everyone involved in the child’s life (family,
school, doctors, counselors, coaches, etc.)
• Dig into their history
• Gather information to make recommendations to the
court of the best interest of the child, and the child’s
wishes
Be a VOICE for a child.
39
CASA Delaware | A voice for abused and neglected children
Page 40
Item 3.
triad
CASAs (215)
CASA Coordinators (11)
Contract Child Attorneys (7)
• CASA Court Summary
• 30-minute teleconference or zoom
meeting before each hearing
• Works together outside the courtroom to
advocate for what’s best for the child
• Works together outside of the courtroom
to ensure all parties are following the
court order and services are put in place
for the best interest of the child.
Be a VOICE for a child.
40
CASA Delaware | A voice for abused and neglected children
Page 41
Item 3.
training
30 hours (15 online and 15 in-the-seat)
Online portion includes a variety of videos, stories and discussion
boards to serve as “homework”
In-the-seat section includes 5 consecutive weeks, same day per week
for 3 hours. Currently being held virtually.
Final day includes Swearing in by Family Court Judge
12 hours annual training
41
CASA Delaware | A voice for abused and neglected children
Page 42
Item 3.
Making a Difference
My CASA works well with children and will
try her best to help me in any way she can.
Current foster youth
42
CASA Delaware | A voice for abused and neglected children
Page 45
Item 3.
45
CASA Delaware | A voice for abused and neglected children
Page 46
Item 3.
Congratulations to our 2022 classes of Volunteers!
46
CASA Delaware | A voice for abused and neglected children
Page 47
Item 3.
CASA Delaware Team
WE ARE NOT
A TEAM
BECAUSE WE WORK
TOGETHER
WE ARE
A TEAM BECAUSE WE
RESPECT TRUST & CARE
FOR EACH OTHER
47
CASA Delaware | A voice for abused and neglected children
Page 48
https://nationalcasagal.org
Item 3.
/
aq
For questions, please email CASAProgram@delaware.gov
48
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Item 4.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Leg & Fin)
DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: May 10, 2022
PREPARED BY: Mark Nowak, Public Works Director
REVIEWED BY: Dave Hugg, City Manager and Lori Peddicord, Controller / Treasurer
SUBJECT: Evaluation of Proposals – Curbside Recycling Services
TIMETABLE: Notice to award to be issued within seven (7) days of Council approval. Execution
occurring within thirty (30) days. Curbside Recycling Services under this contract is
to begin no later than July 4, 2022.
RELATED PROJECT: N/A
REFERENCE: N/A
EXPENDITURE REQUIRED: $530,820 +/- in FY2023
AMOUNT BUDGETED: $546,000 in FY2023
FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works Sanitation Division
Operation Budget Account No.: 100-12-18-50-
000-53031
Operating Budget Account STAFF RECOMMENDATION:
Award the contract to Waste Industries of Delaware, LLC DBA GFL Environmental for the provision of
curbside recycling services for the City of Dover. The contract shall be for three (3) years with the
option to extend for two (2) additional one (1) year periods.
BACKGROUND AND ANALYSIS:
In accordance with the State of Delaware’s Universal Recycling Law, the City of Dover provides curbside
recycling services. The City of Dover currently utilizes BFI Waste Services, LLC DBA Republic Services of
Delmar as our recycling service provider. The current contract extension will expire on July 3, 2022.
A Request for Proposals (RFP) was advertised in accordance with the City’s purchasing policy by the City’s
Purchasing Agent under RFP #22-0030PW. The proposals were opened on April 25, 2022. The City of Dover
received two (2) proposals shown in the table provided below.
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Item 4.
Evaluation of Proposals – Curbside Recycling Services
Page 2 of 2
EVALUATED YEAR 1 ANNUALIZED COSTS
CONTRACTOR LOCATION
SCORE (BASED UPON 9,830 CANS)
Waste Industries of Delaware, LLC dba Townsend, DE 77 $530,820.00
GFL Environmental
BFI Waste Services, LLC dba Republic Felton, DE 66 $654,489.26*
Services of Delmar
*- Republic Services of Delmar qualifies for a 3% price evaluation reduction due to the local vendor preference rule 2.
The evaluated score and year 1 annualized costs, based upon 9,830 cans, are provided above. (Please note that
actual costs are based upon the number of containers collected.) Based upon the evaluation, staff recommends
awarding the three (3) year contract to provide curbside recycling services, with an option to extend for two (2)
additional one (1) year periods, to Waste Industries of Delaware, LLC DBA GFL Environmental in accordance
with the rates provided. (A summary of submitted rates for each contractor, based upon 9,830 containers over
the potential five-year contract period, is provided below.)
WASTE INDUSTRIES COST PER PICKUP COST PER MONTH ANNUALIZED COST ANNUALIZED COST
OF DELAWARE, LLC PER CONTAINER PER CONTAINER PER CONTAINER BASED UPON 9,830
DBA GFL CONTAINERS
ENVIRONMENTAL
YEAR 1 $2.08 $4.50 $54.00 $530,820.00
YEAR 2 $2.17 $4.70 $56.43 $554,706.90
YEAR 3 $2.27 $4.91 $58.97 $579,675.10
YEAR 4 $2.37 $5.14 $61.62 $605,724.60
YEAR 5 $2.48 $5.37 $64.40 $633,052.00
BFI WASTE SERVICES, COST PER PICKUP COST PER MONTH ANNUALIZED COST ANNUALIZED COST
LLC DBA REPUBLIC PER CONTAINER PER CONTAINER PER CONTAINER BASED UPON 9,830
SERVICES OF DELMAR CONTAINERS
YEAR 1 $2.64 $5.72 $68.64 $674,731.20
YEAR 2 $2.77 $6.01 $72.07 $708,448.10
YEAR 3 $2.91 $6.31 $75.68 $743,934.40
YEAR 4 $3.06 $6.62 $79.46 $781,091.80
YEAR 5 $3.21 $6.95 $83.43 $820,116.90
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Item 5.
CITY OF DOVER ORDINANCE # 2022-05
2021-2022 BUDGET ORDINANCES
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
2 The amount hereinafter named aggregating Fifty-Nine Million Fifty-Six Thousand Four
3 Hundred dollars ($59,056,400) or so much thereof as may be necessary are hereby appropriated from
4 current revenues and other funds for the use by several departments of the Municipal Government
5 for the fiscal year beginning July 1, 2021 and ending June 30, 2022:
6 GENERAL FUND
7 CASH RECEIPT SUMMARY FOR 2021-2022
8 2021/22 2021/22
9 FIRST REV REVISED
10 BEGINNING BALANCE $ 5,546,400 $ 10,635,700
11 RECEIPTS
12 FINES AND POLICE REVENUE 630,300 511,600
13 LIBRARY REVENUES 142,100 110,800
14 KENT COUNTY BOOK REIMBURSEMENT 250,000 250,000
15 BUSINESS LICENSES 1,500,000 1,500,000
16 PERMITS AND OTHER FEES 1,400,000 1,564,000
17 MISCELLANEOUS RECEIPTS 134,000 234,600
18 POLICE EXTRA DUTY 370,000 370,000
19 PROPERTY TAXES 15,267,700 15,267,700
20 RECREATION REVENUE 110,000 100,000
21 FRANCHISE FEE 600,000 600,000
22 SANITATION FEES 3,421,000 3,421,000
23 RENT REVENUE - GARRISON FARM 105,000 105,000
24 COURT OF CHANCERY FEES 1,400,000 2,000,000
25 INVESTMENT INCOME 90,000 90,000
26 RECEIPTS SUBTOTAL 25,420,100 26,124,700
27 INTERFUND SERVICE RECEIPTS
28 INTERFUND SERVICE RECEIPTS GENERAL GOV 1,362,000 1,362,000
29 INTERFUND SERVICE RECEIPTS PUBLIC WORKS 617,000 617,000
30 INTERFUND SERVICE RECEIPTS CENT SRVCS 835,700 835,700
31 INTERFUND SERVICE RECEIPTS FIN ADMIN 2,536,300 2,536,300
32 INTERFUND SERVICE RECEIPTS SUBTOTAL 5,351,000 5,351,000
33 GRANTS:
34 POLICE EXTRA DUTY 130,000 130,000
35 POLICE GRANTS FUND 308,900 308,900
36 POLICE PENSION GRANT 500,000 500,000
37 GREEN ENERGY GRANT 98,500 98,500
38 MISC FED GRANT REVENUE 3,714,600 15,600
MISC STATE GRANT REVENUE 595,000 92,000
39 GRANTS SUBTOTAL 5,347,000 1,145,000
40 TRANSFERS FROM:
41 TRANSFER TAX 1,400,000 2,800,000
42 MUNICIPAL STREET AID 750,000 792,000
43 CIVIL TRAFFIC PENALTIES 400,000 250,000
44 WATER/WASTEWATER 1,000,000 1,000,000
45 ELECTRIC 11,000,000 11,000,000
46 TRANSFERS FROM SUBTOTAL 14,550,000 15,842,000
47 TOTAL REVENUES 50,668,100 48,462,700
48 TOTAL BEGINNING BALANCE & REVENUE $ 56,214,500 $ 59,098,400
51
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2021-2022 BUDGET ORDINANCES Item 5.
49 GENERAL FUND - EXPENDITURES AND BUDGET BALANCE FOR 2020-2021
50 2021/22 2021/22
51 DEPARTMENT EXPENSES FIRST REV REVISED
52 CITY CLERK $ 535,800 $ 535,800
53 COUNCIL 190,800 190,800
54 TAX ASSESSOR 263,800 263,800
55 PLANNING 642,000 640,700
56 CITY MANAGER 920,100 954,700
57 HUMAN RESOURCES 600,200 612,000
58 MAYOR 222,800 222,800
59 FIRE 797,200 797,200
60 LIFE SAFETY 482,300 513,200
61 CODE ENFORCEMENT 654,100 654,100
62 INSPECTIONS 651,200 665,100
63 POLICE 18,619,700 18,556,600
64 POLICE EXTRA DUTY 541,400 541,400
65 PUBLIC WORKS - ADMINISTRATION 587,200 608,000
66 STREETS 636,000 703,600
67 SANITATION 2,564,800 2,564,800
68 GROUNDS MAINTENANCE 1,487,500 1,487,500
69 STORMWATER 774,100 714,300
70 FACILITIES MANAGEMENT 837,000 852,800
71 PUBLIC WORKS - ENGINEERING 181,100 181,300
72 LIBRARY 1,859,900 1,859,900
73 RECREATION 1,191,500 1,217,200
74 PROCUREMENT & INVENTORY 738,600 745,600
75 FLEET MAINTENANCE 906,500 906,500
76 INFORMATION TECHNOLOGY 738,500 738,500
77 FINANCE 932,100 1,069,500
78 CUSTOMER SERVICE 1,048,300 1,071,600
79 DEPARTMENT SUBTOTALS 39,604,500 39,869,300
80 OTHER EXPENSES
81 DEBT SERVICE 632,000 632,000
82 CONTRIBUTION TO DDP 150,000 150,000
83 INSURANCE 1,050,000 905,000
84 RETIREES HEALTH CARE 2,156,000 2,156,000
85 BANK & CREDIT CARD FEES 30,000 30,000
86 STREET LIGHTS 800,000 800,000
87 OTHER EXPENSE SUBTOTAL 4,818,000 4,673,000
88 TRANSFERS
89 TRANSFER TO CAPITAL FUND - PROJECTS 3,099,600 2,129,100
90 APPROP. TO THE POLICE PENSION FUND 435,100 615,200
91 APPROP. POLICE PENSION - STATE GRANT 500,000 500,000
92 APPROP. TO TE GENERAL PENSION FUND - 1,234,300
93 TRANSFER TO ELECTRIC FUND (ERP) 25,000 25,000
97 TRANSFERS SUBTOTAL 4,059,700 4,503,600
98 TOTAL EXPENDITURES 48,482,200 49,045,900
99 CURRENT YEAR BALANCE 7,732,300 10,052,500
100 TOTALS $ 56,214,500 $ 59,098,400
101 The City Manager is hereby authorized, without further approval of the City Council, to make
102 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
103 department with the exception of any transfers prohibited by City Procedure #F306.
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104 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
105 GOVERNMENTAL CAPITAL PROJECTS FUND
106 REVENUES AND BUDGET FOR 2021-2022
107 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
108 The amount hereinafter named aggregating Eight Million Six Hundred and Forty-Eight Thousand Nine Hundred
109 dollars ($8,648,900) or so much thereof as may be necessary are hereby appropriated from current revenues
110 and other funds for the use by several departments of the Municipal Government for the fiscal year
111 beginning July 1, 2021 and ending June 30, 2022:
112 REVENUES
113 2021/22 2021/22
114 FIRST REV REVISED
115 BEGINNING BALANCE - PROJECTS $ 6,855,100 $ 4,832,300
116 REVENUES
117 MISCELLANEOUS RECIEPTS 203,900 274,900
118 STATE GRANTS - Other 1,381,300 1,088,800
119 POLICE GRANTS 23,800 23,800
120 BUDGET BOND/BANK PROCEEDS 1,010,400 -
121 TRANSFER FROM GENERAL FUND 3,099,600 2,129,100
122 TRANSFER FROM PARKLAND RESERVE 800,000 -
123 TRANSFER FROM CAPITAL ASSET RESERVE 140,000 -
124 TRANSFER FROM LODGING TAX - 275,000
125 SUBTOTAL PROJECT RECEIPTS 6,659,000 3,791,600
126 TOTAL FUNDING SOURCES 6,659,000 3,791,600
127 TOTAL BEGINNING BALANCE AND REVENUES $ 13,514,100 $ 8,623,900
128 EXPENSE SUMMARY
129 2021/22 2021/22
130 EXPENDITURES FIRST REV REVISED
131 FIRE $ 250,300 $ 169,800
132 GROUNDS 125,000 125,400
133 LIBRARY 25,000 25,000
134 RECREATION 1,118,700 142,100
137 PLANNING 500 500
138 INSPECTIONS 47,700 47,700
139 POLICE 711,300 672,500
140 STREETS 3,153,600 3,096,000
141 STORMWATER 3,012,600 1,892,000
142 SANITATION 635,000 660,000
143 INFORMATION TECHNOLOGY 84,100 84,100
144 FACILITIES MANAGEMENT 700,000 852,000
145 PUBLIC WORKS - ENGINEERING 25,300 25,300
146 PROCUREMENT & INVENTORY 293,500 296,600
147 DEPARTMENT SUBTOTAL 10,182,600 8,089,000
148 TRANSFERS & MISCELLANEOUS EXPENSES
149 CAPITAL ASSET RESERVE - 71,000
150 TRANSFERS & MISCELLANEOUS SUBTOTAL - 71,000
151 TOTAL EXPENDITURES 10,182,600 8,160,000
152 BUDGET BALANCE 3,331,500 463,900
153 TOTAL BUDGET BALANCE & EXPENDITURES $ 13,514,100 $ 8,623,900
154 The City Manager is hereby authorized, without further approval of the City Council, to make
155 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
156 department with the exception of any transfers prohibited by City Procedure #F306.
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157 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
158 GENERAL FUND CONTINGENCY
159 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
160 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
161 The amount hereinafter named aggregating Seven Hundred Forty Thousand Five Hundred dollars ($740,500)
162 or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the
163 use by several departments of the Municipal Government for the fiscal year beginning July 1, 2021 and ending
164 June 30, 2022:
165 CASH RECEIPTS
166 2021/22 2021/22
167 FIRST REV REVISED
168 BEGINNING BALANCE $ 775,000 $ 727,500
169 INTEREST EARNED 13,000 13,000
170 TOTALS $ 788,000 $ 740,500
171 EXPENSE SUMMARY
172 2021/22 2021/22
173 FIRST REV REVISED
174 CARRY FORWARD TO NEXT YEAR $ 788,000 $ 740,500
175 TOTALS $ 788,000 $ 740,500
176 The City Manager is hereby authorized, without further approval of the City Council, to make
177 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
178 department with the exception of any transfers prohibited by City Procedure #F306.
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179 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
180 GOVERNMENTAL CAPITAL ASSET RESERVE
181 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
182 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
183 The amount hereinafter named aggregating One Million Six Hundred Thirty-Nine Thousand Nine Hundred
184 dollars ($1,619,900) or so much thereof as may be necessary are hereby appropriated from current
185 revenues and other funds for the use by several departments of the Municipal Government for the fiscal
186 year beginning July 1, 2021 and ending June 30, 2022:
187 CASH RECEIPTS
188 2021/22 2021/22
189 FIRST REV REVISED
190 BEGINNING BALANCE $ 1,139,300 $ 1,529,300
191 INTEREST EARNINGS 14,800 19,700
192 TRANSFER IN TO ASSET RESERVE - 70,900
193 TOTALS $ 1,154,100 $ 1,619,900
194 EXPENSE SUMMARY
195 2021/22 2019/20
196 FIRST REV REVISED
197 TRANSFER TO GOVERNMENTAL CAPITAL PROJECTS FUND $ 154,800 $ -
198 CARRY FORWARD TO NEXT YEAR 999,300 1,619,900
199 TOTALS $ 1,154,100 $ 1,619,900
200 The City Manager is hereby authorized, without further approval of the City Council, to make
201 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
202 department with the exception of any transfers prohibited by City Procedure #F306.
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203 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
204 PARKLAND/RECREATION RESERVE
205 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
206 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
207 The amount hereinafter named aggregating One Million Four Hundred Thirty-Six Thousand One Hundred dollars
208 ($1,436,100) much thereof as may be necessary are hereby appropriated from current revenues and other
209 funds for the use other funds for the use by several departments of the Municipal Government for the
210 fiscal year beginning July 1, 2020 and ending June 30, 2021:
211 OPERATING REVENUES
212 2021/22 2021/22
213 FIRST REV REVISED
214 BEGINNING BALANCE $ 831,500 $ 1,384,100
215 STATE AID/GRANT 33,000 -
217 INTEREST EARNINGS 3,000 19,000
218 TOTALS $ 867,500 $ 1,403,100
219 OPERATING EXPENSES
220 2021/22 2021/22
221 FIRST REV REVISED
222 TRANSFER TO GOVERNMENTAL CAPITAL PROJECTS FUND $ 490,000 $ -
224 CURRENT YEAR BALANCE 377,500 1,403,100
225 TOTALS $ 867,500 $ 1,403,100
226 The City Manager is hereby authorized, without further approval of the City Council, to make
227 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
228 department with the exception of any transfers prohibited by City Procedure #F306.
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229 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
230 WATER FUND
231 REVENUES AND BUDGET FOR 2021-2022
232 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
233 The amount hereinafter named aggregating Eight Million Two Hundred Thirty Thousand Three
234 Hundred dollars ($8,230,300) or so much thereof as may be necessary are hereby appropriated from
235 current revenues and other funds for the use by several departments of the Municipal Government for
236 the fiscal year beginning July 1, 2021 and ending June 30, 2022:
237 2021/22 2021/22
229 FIRST REV FIRST REV
230 BEGINNING BALANCE - WATER $ 642,000 $ 1,522,800
231 TOTAL BEGINNING BALANCES 642,000 1,522,800
232 BASE REVENUE
233 WATER SERVICES 6,353,800 6,100,000
234 WATER TANK SPACE LEASING 436,700 408,600
235 WATER IMPACT FEES 420,000 160,000
236 INTEREST - WATER 34,000 8,900
237 MISCELLANEOUS SERVICE FEE 104,600 30,000
238 TOTAL REVENUES 7,349,100 6,707,500
239 TOTAL BEGINNING BALANCES AND REVENUES $ 7,991,100 $ 8,230,300
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240 2021-2022 BUDGET ORDINANCES Item 5.
241 WATER FUND - EXPENSES AND BUDGET BALANCE FOR 2019-2020
242 2021/22 2021/22
243 DIRECT EXPENSES FIRST REV REVISED
244 ENGINEERING & INSPECTION $ 294,400 $ 306,300
245 WATER DEPARTMENT 676,300 676,300
246 WATER TREATMENT PLANT 2,370,600 2,293,700
247 DIRECT EXPENDITURE SUBTOTAL 3,341,300 3,276,300
248 OTHER EXPENSES
249 DEBT SERVICE - WATER 762,800 762,800
250 RETIREES HEALTH CARE 192,000 192,000
251 INTERFUND SERVICE FEES 967,600 967,600
252 BANK & CREDIT CARD FEES 27,000 27,000
253 OTHER EXPENSES SUBTOTAL 1,949,400 1,949,400
254 TRANSFER TO:
255 GENERAL FUND FROM WATER 500,000 500,000
256 WATER IMP AND EXT 1,148,600 861,400
257 ELECTRIC FUND (ERP) 25,000 25,000
258 TRANSFER TO SUBTOTAL 1,673,600 1,386,400
259 TOTAL EXPENSES 6,964,300 6,612,100
260 BUDGET BALANCES
261 BUDGET BALANCE WATER 1,026,800 1,618,200
262 BUDGET BALANCE SUBTOTALS 1,026,800 1,618,200
263 TOTAL CURRENT YEAR BALANCES AND EXPENSES $ 7,991,100 $ 8,230,300
264 The City Manager is hereby authorized, without further approval of the City Council, to make
265 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
266 department with the exception of any transfers prohibited by City Procedure #F306.
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267 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
268 WATER IMPROVEMENT & EXTENSION FUND
269 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
270 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
271 The amount hereinafter named aggregating Six Million Seven Hundred Fidty-Two Thousand Nine
272 hundred dollars ($6,752,900) or so much thereof as may be necessary are hereby appropriated
273 from current revenues and other funds for the use by several departments of the Municipal
274 Government for the fiscal year begining July 1, 2021 and ending June 30, 2022:
275 CASH RECEIPTS
276 2021/22 2021/22
277 FIRST REV REVISED
278 BEGINNING BALANCE - WATER $ 5,102,400 $ 4,763,800
279 TOTAL BEGINNING BALANCES 5,102,400 4,763,800
280 REVENUES
281 STATE GRANT - WATER - 370,000
282 TRANS FR OPERATING FUND - WATER 1,148,600 861,400
283 TRANSFER FR WATER IMPACT FEE 707,700 707,700
284 INTEREST INCOME 50,000 50,000
285 TOTAL REVENUES 1,906,300 1,989,100
286 TOTAL BEGINNING BALANCES & REVENUES $ 7,008,700 $ 6,752,900
287 EXPENSE SUMMARY
288 2021/22 2021/22
289 EXPENSES FIRST REV REVISED
290 ENGINEERING $ - $ 200
291 WATER 1,729,000 1,933,100
292 WATER TREATMENT PLANT 383,500 179,200
293 TOTAL EXPENSES 2,112,500 2,112,500
294 BUDGET BALANCE - WATER 4,896,200 4,640,400
295 CURRENT YEAR BALANCE SUBTOTALS 4,896,200 4,640,400
296 TOTAL BUDGET BALANCES & EXPENSES $ 7,008,700 $ 6,752,900
297 The City Manager is hereby authorized, without further approval of the City Council, to make
298 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
299 department with the exception of any transfers prohibited by City Procedure #F306.
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300 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
301 WASTEWATER FUND
302 REVENUES AND BUDGET FOR 2021-2022
303 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
304 The amount hereinafter named aggregating Ten Million Four Hundred Fifty-One Thousand Nine
305 Hundred dollars ($10,451,900) or so much thereof as may be necessary are hereby appropriated from
306 current revenues and other funds for the use by several departments of the Municipal Government for
307 the fiscal year beginning July 1, 2021 and ending June 30, 2022:
308 2021/22 2021/22
309 FIRST REV REVISED
310 BEGINNING BALANCE - WASTEWATER 1,672,200 1,169,400
311 TOTAL BEGINNING BALANCES 1,672,200 1,169,400
312 BASE REVENUE
313 WASTEWATER SERVICES 4,709,500 4,153,500
314 WASTEWATER TREATMENT SERVICES 3,275,100 2,873,000
315 GROUNDWATER INFLOW ADJUSTMENT 2,023,100 2,023,100
316 WASTEWATER IMPACT FEES 380,000 162,700
317 STATE GRANT - WASTEWATER 62,700 50,000
318 INTEREST - WASTEWATER 20,000 20,000
319 MISCELLANEOUS SERVICE FEE 200 200
320 TOTAL REVENUES 10,470,600 9,282,500
321 TOTAL BEGINNING BALANCES AND REVENUES $ 12,142,800 $ 10,451,900
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322 2021-2022 BUDGET ORDINANCES Item 5.
323 WASTEWATER FUND - EXPENSES AND BUDGET BALANCE FOR 2019-2020
324 2021/22 2021/22
325 DIRECT EXPENSES FIRST REV REVISED
326 ENGINEERING & INSPECTION $ 393,700 $ 393,700
327 WASTEWATER DEPARTMENT 1,112,500 1,023,500
328 DIRECT EXPENDITURE SUBTOTAL 1,506,200 1,417,200
329 OTHER EXPENSES
330 DEBT SERVICE - WASTEWATER 659,900 659,900
331 RETIREES HEALTH CARE 93,000 93,000
332 KENT COUNTY TREATMENT CHARGE 4,302,900 4,302,900
333 INTERFUND SERVICE FEES 736,000 738,600
334 BANK & CREDIT CARD FEES 12,000 12,000
335 OTHER EXPENSES SUBTOTAL 5,803,800 5,806,400
336 TRANSFER TO:
337 GENERAL FUND FROM WASTEWATER 500,000 500,000
338 WASTEWATER IMP AND EXT 799,200 799,200
ELETRIC FUND (ERP) 25,000 25,000
339 TRANSFER TO SUBTOTAL 1,324,200 1,324,200
340 TOTAL EXPENSES 8,634,200 8,547,800
341 BUDGET BALANCES
342 BUDGET BALANCE WASTEWATER 3,508,600 1,904,100
343 BUDGET BALANCE SUBTOTALS 3,508,600 1,904,100
344 TOTAL CURRENT YEAR BALANCES AND EXPENSES $ 12,142,800 $ 10,451,900
345 The City Manager is hereby authorized, without further approval of the City Council, to make
346 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
347 department with the exception of any transfers prohibited by City Procedure #F306.
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347 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
348 WASTEWATER IMPROVEMENT & EXTENSION FUND
349 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
350 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
351 The amount hereinafter named aggregating Two Million Fifty-Four Thousand One hundred
352 dollars ($2,054,100) or so much thereof as may be necessary are hereby appropriated current
353 revenues and other funds for the use by several departments of the Municipal Government for
354 from the fiscal year begining July 1, 2021 and ending June 30, 2022:
355 CASH RECEIPTS
356 2021/22 2021/22
357 FIRST REV REVISED
358 BEGINNING BALANCE - WASTEWATER $ 1,575,500 $ 1,200,800
359 REVENUES
360 STATE LOAN FUND - WASTEWATER 248,500 -
361 TRANS FR OPERATING FUND - WW 799,200 799,200
362 TRANSFER FR WASTEWATER IMPACT FEE 22,000 44,100
363 INTEREST INCOME 10,000 10,000
364 TOTAL REVENUES 1,079,700 853,300
365 TOTAL BEGINNING BALANCES & REVENUES $ 2,655,200 $ 2,054,100
366 EXPENSE SUMMARY
367 2021/22 2021/22
368 EXPENSES FIRST REV REVISED
369 ENGINEERING $ 200 $ 200
370 WASTEWATER 1,513,800 1,513,800
371 TOTAL EXPENSES 1,514,000 1,514,000
372 BUDGET BALANCE - WASTEWATER 1,141,200 540,100
373 CURRENT YEAR BALANCE SUBTOTALS 1,141,200 540,100
374 TOTAL BUDGET BALANCES & EXPENSES $ 2,655,200 $ 2,054,100
375 The City Manager is hereby authorized, without further approval of the City Council, to make
376 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
377 department with the exception of any transfers prohibited by City Procedure #F306.
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378 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
379 WATER CAPITAL ASSET RESERVE
380 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
381 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
382 The amount hereinafter named aggregating Five Hundred Seventy-Seven Thousand Five Hundred dollars
383 ($577,500) or so much thereof as may be necessary are hereby appropriated from current revenues
384 and other funds for the use by several departments of the Municipal Government for the fiscal year
385 beginning July 1, 2021 and ending June 30, 2022:
386 CASH RECEIPTS
387 2021/22 2021/22
388 FIRST REV REVISED
389 BEGINNING BALANCE - WATER $ 550,700 $ 569,500
390 TOTAL BEGINNING BALANCES 550,700 569,500
391 RECEIPTS
392 INTEREST EARNINGS - WATER 4,200 8,000
393 TOTAL RECEIPTS 4,200 8,000
394 TOTALS $ 554,900 $ 577,500
395 EXPENSE SUMMARY
396 2021/22 2021/22
397 FIRST REV REVISED
398 CURRENT YEAR BALANCE - WATER $ 554,900 $ 577,500
399 CURRENT YEAR BALANCE SUBTOTALS 554,900 577,500
400 TOTALS $ 554,900 $ 577,500
401 The City Manager is hereby authorized, without further approval of the City Council, to make
402 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
403 department with the exception of any transfers prohibited by City Procedure #F306.
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404 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
405 WASTEWATER CAPITAL ASSET RESERVE
406 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
407 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
408 The amount hereinafter named aggregating Five Hundred Sixty-Eight Thousand Five Hundred dollars
409 ($575,500) or so much thereof as may be necessary are hereby appropriated from current revenues
410 and other funds for the use by several departments of the Municipal Government for the fiscal year
411 beginning July 1, 2021 and ending June 30, 2022:
412 CASH RECEIPTS
413 2021/22 2021/22
414 FIRST REV REVISED
415 BEGINNING BALANCE - WASTEWATER $ 287,000 $ 568,000
416 TOTAL BEGINNING BALANCES 287,000 568,000
417 RECEIPTS
418 INTEREST EARNINGS - WASTEWATER 11,800 7,500
419 TOTAL RECEIPTS 11,800 7,500
420 TOTALS $ 298,800 $ 575,500
421 EXPENSE SUMMARY
422 2021/22 2021/22
423 FIRST REV REVISED
424 CURRENT YEAR BALANCE - WASTEWATER $ 298,800 $ 575,500
425 CURRENT YEAR BALANCE SUBTOTALS 298,800 575,500
426 TOTALS $ 298,800 $ 575,500
427 The City Manager is hereby authorized, without further approval of the City Council, to make
428 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
429 department with the exception of any transfers prohibited by City Procedure #F306.
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430 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
431 WATER IMPACT FEE RESERVE
432 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
433 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
434 The amount hereinafter named aggregating One Million Eight Hundred Twenty-Five Thousand dollars
435 ($1,848,000) or so much thereof as may be necessary are hereby appropriated from current revenues
436 and other funds for the use by several departments of the Municipal Government for the fiscal
437 year beginning July 1, 2021 and ending June 30, 2022:
438 CASH RECEIPTS
439 2021/22 2021/22
440 FIRST REV REVISED
441 BEGINNING BALANCE - WATER $ 1,778,000 $ 1,825,000
442 TOTAL BEGINNING BALANCES 1,778,000 1,825,000
443 RECEIPTS
444 INTEREST EARNINGS - WATER 13,200 23,000
445 TOTAL RECEIPTS 13,200 23,000
446 TOTALS $ 1,791,200 $ 1,848,000
447 EXPENSE SUMMARY
448 2021/22 2021/22
449 FIRST REV REVISED
450 CURRENT YEAR BALANCE - WATER $ 1,791,200 $ 1,688,000
451 TRANSFER TO WATER IMP AND EXT - 160,000
451 CURRENT YEAR BALANCE SUBTOTALS 1,791,200 1,848,000
452 TOTALS $ 1,791,200 $ 1,848,000
453 The City Manager is hereby authorized, without further approval of the City Council, to make
454 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
455 department with the exception of any transfers prohibited by City Procedure #F306.
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456 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
457 WASTEWATER IMPACT FEE RESERVE
458 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
459 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
460 The amount hereinafter named aggregating Five Million Three Hundred Nine Thousand dollars
461 ($5,309,000) or so much thereof as may be necessary are hereby appropriated from current revenues
462 and other funds for the use by several departments of the Municipal Government for the fiscal year
463 beginning July 1, 2021 and ending June 30, 2022:
464 CASH RECEIPTS
465 2021/22 2021/22
466 FIRST REV REVISED
467 BEGINNING BALANCE - WASTEWATER $ 4,607,000 $ 5,237,000
468 TOTAL BEGINNING BALANCES 4,607,000 5,237,000
469 RECEIPTS
470 INTEREST EARNINGS - WASTEWATER - 72,000
471 TOTAL RECEIPTS - 72,000
472 TOTALS $ 4,607,000 $ 5,309,000
473 EXPENSE SUMMARY
474 2021/22 2021/22
475 FIRST REV REVISED
476 TRANSFER TO I & E FUND FROM WASTEWATER IMPACT FEES $ - $ 22,000
477 CURRENT YEAR BALANCE - WASTEWATER $ 4,607,000 $ 5,287,000
478 CURRENT YEAR BALANCE SUBTOTALS 4,607,000 5,309,000
479 TOTALS $ 4,607,000 $ 5,309,000
480 The City Manager is hereby authorized, without further approval of the City Council, to make
481 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
482 department with the exception of any transfers prohibited by City Procedure #F306.
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483 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
484 WATER CONTINGENCY RESERVE
485 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
486 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
487 The amount hereinafter named aggregating Two Hundred Seventy-Five Thousand dollars Nine Hundred dollars
488 ($275,900) or so much thereof as may be necessary are hereby appropriated from current revenues and other
489 funds for the use by several departments of the Municipal Government for the fiscal year beginning
490 July 1, 2021 and ending June 30, 2022:
491 CASH RECEIPTS
492 2021/22 2021/22
493 FIRST REV REVISED
494 BEGINNING BALANCE - WATER $ 264,900 $ 271,900
495 TOTAL BEGINNING BALANCES 262,900 271,900
496 RECEIPTS
497 INTEREST EARNINGS - WATER 1,900 4,000
498 TOTAL RECEIPTS 1,900 4,000
499 TOTALS $ 264,900 $ 275,900
500 BUDGET SUMMARY
501 2021/22 2021/22
502 FIRST REV REVISED
503 CURRENT YEAR BALANCE - WATER $ 264,900 $ 275,900
504 CURRENT YEAR BALANCE SUBTOTALS 264,900 275,900
505 TOTAL EXPENSES AND CURRENT YEAR BALANCES $ 264,900 $ 275,900
506 The City Manager is hereby authorized, without further approval of the City Council, to make
507 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
508 department with the exception of any transfers prohibited by City Procedure #F306.
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509 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
510 WASTEWATER CONTINGENCY RESERVE
511 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
512 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
513 The amount hereinafter named aggregating Three Hundred Five Thousand Three Hundred dollars
514 ($305,300) or so much thereof as may be necessary are hereby appropriated from current revenues and
515 other funds for the use by several departments of the Municipal Government for the fiscal year beginning
516 July 1, 2021 andending June 30, 2022:
517 CASH RECEIPTS
518 2021/22 2021/22
519 FIRST REV REVISED
520 BEGINNING BALANCE - WASTEWATER $ 296,500 $ 300,600
521 TOTAL BEGINNING BALANCES 296,500 300,600
522 RECEIPTS
523 INTEREST EARNINGS - WASTEWATER 2,300 4,700
524 TOTAL RECEIPTS 2,300 4,700
525 TOTALS $ 298,800 $ 305,300
526 BUDGET SUMMARY
527 2021/22 2021/22
528 FIRST REV REVISED
529 CURRENT YEAR BALANCE - WASTEWATER $ 298,800 $ 305,300
530 CURRENT YEAR BALANCE SUBTOTALS 298,800 305,300
531 TOTAL EXPENSES AND CURRENT YEAR BALANCES $ 298,800 $ 305,300
532 The City Manager is hereby authorized, without further approval of the City Council, to make
533 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
534 department with the exception of any transfers prohibited by City Procedure #F306.
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535 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
536 ELECTRIC REVENUE FUND
537 REVENUES AND BUDGET FOR 2021-2022
538 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
539 The amount hereinafter named aggregating One Hurdred One Million Eight Hundred Ninety-Two Thousand Three
540 dollars ($101,892,300) or so much thereof as may be necessary are hereby appropriated from
541 current revenues and other funds for the use by several departments of the Municipal Government for
542 the fiscal year beginning July 1, 2021 and ending June 30, 2022:
543 2021/22 2021/22
544 FIRST REV FIRST REV
545 BEGINNING BALANCE $ 10,913,400 $ 23,127,100
546 DISTRIBUTION OF EARNINGS - PCA CREDIT (5,196,000) (5,196,000)
547 BEGINNING BALANCE - ADJUSTED 5,717,400 17,931,100
548 BASE REVENUE
549 DIRECT SALES TO CUSTOMER 81,960,900 78,921,000
550 UTILITY TAX 1,271,500 1,182,500
551 MISCELLANEOUS REVENUE 538,000 690,700
552 RENT REVENUE 110,000 65,000
553 GREEN ENERGY 127,000 127,000
554 INTEREST EARNINGS 175,000 100,000
555 TRANSFER FROM RATE STABILIZATION 2,800,000 2,800,000
556 TRANSFER FROM OTHER FUNDS (ERP) 75,000 75,000
557 TOTAL REVENUES 87,057,400 83,961,200
558 TOTAL BEGINNING BALANCE & REVENUES $ 92,774,800 $ 101,892,300
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559 2021-2022 BUDGET ORDINANCES Item 5.
560 ELECTRIC REVENUE FUND EXPENSES AND BUDGET BALANCE FOR 2018-2019
561 2021/22 2021/22
562 EXPENSES FIRST REV REVISED
563 POWER SUPPLY $ 19,773,200 $ 19,773,200
564 SOLAR ENERGY 3,237,300 3,237,300
565 SOLAR RENEWAL ENERGY CREDITS 409,600 409,600
566 POWER SUPPLY MANAGEMENT 634,800 634,800
567 REC'S (Renewable Energy Credits) 1,300,000 1,500,000
568 RGGI (Regional Greenhouse Gas Init.) 33,700 33,700
569 PJM CHARGES - ENERGY 5,508,400 6,008,400
570 PJM CHARGES - TRANSMISSION & FEES 6,772,100 7,572,100
571 CAPACITY CHARGES 13,322,900 13,322,900
572 SUB-TOTAL POWER SUPPLY 50,992,000 52,492,000
573 PLANT OPERATIONS 2,219,500 2,219,500
574 GENERATIONS FUELS 300,200 300,200
575 PJM SPOT MARKET ENERGY (366,200) (366,200)
576 PJM CREDITS (87,000) (130,500)
577 CAPACITY CREDITS (5,411,200) (5,411,200)
578 GENERATION SUBTOTAL (3,344,700) (3,388,200)
579 POWER SUPPLY & GENERATION SUBTOTAL 47,647,300 49,103,800
580 DIRECT EXPENDITURES
581 TRANSMISSION/DISTRIBUTION 4,127,400 4,114,600
582 ELECTRICAL ENGINEERING 1,419,600 1,375,400
583 ADMINISTRATION 910,100 916,100
584 METER READING 389,400 389,400
585 SYSTEMS OPERATIONS 942,200 942,200
586 DIRECT EXPENDITURE SUBTOTALS 7,788,700 7,737,700
587 OTHER EXPENSES:
588 UTILITY TAX 1,271,500 1,182,500
589 ALLOW FOR UNCOLLECTIBLES 300,000 300,000
590 CONTRACTUAL SERVICES - RFP'S 60,000 60,000
591 LEGAL EXPENSES 50,000 50,000
592 RETIREES HEALTH CARE 843,500 843,500
593 GREEN ENERGY PAYMENT TO DEMEC 127,000 127,000
594 INTERFUND SERVICE FEES 3,647,400 3,647,400
595 INTEREST ON DEPOSITS 21,000 21,000
596 BANK & CREDIT CARD FEES 500,000 500,000
597 BOND ISSUANCE COST 40,000 -
598 DEBT SERVICE 1,800,000 1,800,000
599 OTHER EXPENSES SUBTOTAL 8,660,400 8,531,400
600 TRANSFER TO:
601 IMPROVEMENT & EXTENSION 3,711,100 2,359,000
602 GENERAL FUND 11,000,000 11,000,000
603 RATE STABILIZATION RESERVE 2,000,000 -
604 TRANSFER TO SUBTOTAL 16,711,100 13,359,000
605 TOTAL EXPENSES 80,807,500 78,731,900
606 BUDGET BALANCE - WORKING CAPITAL 11,967,300 23,160,400
607 TOTALS $ 92,774,800 $ 101,892,300
608 The City Manager is hereby authorized, without further approval of the City Council, to make
609 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
610 department with the exception of any transfers prohibited by City Procedure #F306.
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611 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
612 ELECTRIC UTILITY IMPROVEMENT AND EXTENSION FUND
613 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
614 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
615 The amount hereinafter named aggregating Forty-Five Million Two Hundred Seventy-Seven Thousand dollars
616 ($45,277,000) or so much thereof as may be necessary are hereby appropriated from current revenues
617 and other funds for the use by several departments of the Municipal Government for the fiscal year
618 beginning July 1, 2021 and ending June 30, 2022:
619 REVENUES
620 2021/22 2021/22
621 FIRST REV REVISED
622 BEGINNING BALANCE $ 26,899,900 $ 24,647,300
623 REVENUES
624 TRANSFER FROM ELECTRIC 3,711,100 2,359,000
625 BOND ISSUE PROCEEDS 6,575,200 -
626 GENERAL SERVICE BILLING 400,000 650,000
627 TRF FROM DEPRECIATION RSV 9,000,000 9,000,000
628 TRF FROM ELECTRIC FUTURE CAPACITY 2,000,000 2,000,000
628 FEDERAL APPROPRIATION - 5,000,000
629 INTEREST EARNINGS 185,500 85,500
630 TOTAL REVENUES 21,871,800 19,094,500
631 TOTALS $ 48,771,700 $ 43,741,800
632 EXPENSE SUMMARY
633 2021/22 2021/22
634 EXPENSES FIRST REV REVISED
635 ELECTRIC ADMINISTRATION $ 2,446,100 $ 910,900
636 ELECTRIC GENERATION 10,198,800 10,198,800
637 TRANSMISSION AND DISTRIBUTION 1,736,200 1,818,900
638 ELECTRICAL ENGINEERING 10,066,700 9,984,000
639 ERP SYSTEM 1,556,700 1,556,700
640 TOTAL EXPENSES 26,004,500 24,469,300
641 BUDGET BALANCE 22,767,200 19,272,500
642 TOTAL BUDGET BALANCE & EXPENSES $ 48,771,700 $ 43,741,800
643 The City Manager is hereby authorized, without further approval of the City Council, to make
644 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
645 department with the exception of any transfers prohibited by City Procedure #F306.
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646 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
647 ELECTRIC UTILITY CONTINGENCY RESERVE
648 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
649 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
650 The amount hereinafter named aggregating Nine Hundred Forty-Five Thousand dollars ($945,000)
651 or so much thereof as may be necessary are hereby appropriated from current revenues and
652 other funds for the use by several departments of the Municipal Government for the fiscal year
653 beginning July 1, 2021 and ending June 30, 2022:
654 CASH RECEIPTS
655 2021/22 2021/22
656 FIRST REV REVISED
657 BEGINNING BALANCE $ 928,800 $ 931,000
658 RECEIPTS
659 INTEREST EARNINGS 14,000 14,000
660 TOTAL RECEIPTS 14,000 14,000
661 TOTALS $ 942,800 $ 945,000
662 EXPENSE SUMMARY
663 2021/22 2021/22
664 FIRST REV REVISED
665 CURRENT YEAR BALANCE $ 942,800 $ 945,000
666 TOTALS $ 942,800 $ 945,000
667 The City Manager is hereby authorized, without further approval of the City Council, to make
668 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
669 department with the exception of any transfers prohibited by City Procedure #F306.
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670 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
671 ELECTRIC UTILITY DEPRECIATION RESERVE
672 SOURCES AND USE OF FUNDS FOR 2021-2022
673 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
674 The amount hereinafter named aggregating Twenty-Two Million One Hundred Sixty-Five Thousand
675 dollars ($22,165,000) or so much thereof as may be necessary are hereby appropriated from
676 current revenues and other funds for the use by several departments of the Municipal Government for
677 the fiscal year beginning July 1, 2021 and ending June 30, 2022:
678 CASH RECEIPTS
679 2021/22 2021/22
680 FIRST REV REVISED
681 BEGINNING BALANCE $ 20,568,600 $ 21,790,000
682 INTEREST EARNINGS 324,400 375,000
683 TOTALS $ 20,893,000 $ 22,165,000
684 BUDGET SUMMARY
685 2021/22 2021/22
686 FIRST REV REVISED
687 TRANSFER TO ELECTRIC I & E $ 9,000,000 $ 9,000,000
688 CURRENT YEAR BALANCE 11,893,000 13,165,000
689 TOTALS $ 20,893,000 $ 22,165,000
689 The City Manager is hereby authorized, without further approval of the City Council, to make
690 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
691 department with the exception of any transfers prohibited by City Procedure #F306.
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692 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
693 ELECTRIC UTILITY FUTURE CAPACITY RESERVE
694 SOURCES AND USE OF FUNDS FOR 2021-2022
695 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
696 The amount hereinafter named aggregating Fourteen Million Four Hundred Thirty-Two Thousand dollars
697 ($14,432,000) or so much thereof as may be necessary are hereby appropriated from current
698 revenues and other funds for the use by several departments of the Municipal Government
699 for the fiscal year beginning July 1, 2021 and ending June 30, 2022:
700 CASH RECEIPTS
701 2021/22 2021/22
702 FIRST REV REVISED
703 BEGINNING BALANCE $ 13,984,000 $ 14,252,000
704 INTEREST EARNINGS 139,800 180,000
705 TOTALS $ 14,123,800 $ 14,432,000
706 BUDGET SUMMARY
707 2021/22 2021/22
708 FIRST REV REVISED
TRANSFER TO ELECTRIC I & E - $ 2,000,000
709 CURRENT YEAR BALANCE $ 14,123,800 $ 12,432,000
710 TOTALS $ 14,123,800 $ 14,432,000
711 The City Manager is hereby authorized, without further approval of the City Council, to make
712 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
713 department with the exception of any transfers prohibited by City Procedure #F306.
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714 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
715 ELECTRIC UTILITY INSURANCE STABLIZATION RESERVE
716 SOURCES AND USE OF FUNDS FOR 2021-2022
717 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
718 The amount hereinafter named aggregating Eight Hundred Twenty-Seven Thousand Eight Hundred dollars
719 ($827,800) or so much thereof as may be necessary are hereby appropriated from current revenues and
720 other funds for the use by several departments of the Municipal Government for the fiscal year
721 beginning July 1, 2021 and ending June 30, 2022:
722 CASH RECEIPTS
723 2021/22 2021/22
724 BUDGET REVISED
725 BEGINNING BALANCE $ 815,200 $ 817,800
726 INTEREST EARNINGS 48,900 11,000
727 TOTALS $ 864,100 $ 828,800
728 BUDGET SUMMARY
729 2021/22 2021/22
730 BUDGET REVISED
731 CURRENT YEAR BALANCE $ 864,100 $ 828,800
732 TOTALS $ 864,100 $ 828,800
733 The City Manager is hereby authorized, without further approval of the City Council, to make
734 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
735 department with the exception of any transfers prohibited by City Procedure #F306.
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736 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
737 ELECTRIC UTILITY RATE STABLIZATION RESERVE
738 SOURCES AND USE OF FUNDS FOR 2021-2022
739 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
740 The amount hereinafter named aggregating Twenty-Two Million Six Hundred Ninety-Seven Thousand
741 dollars ($22,697,000) or so much thereof as may be necessary are hereby appropriated from
742 current revenues and other funds for the use by several departments of the Municipal Government
743 for the fiscal year beginning July 1, 2021 and ending June 30, 2022:
744 CASH RECEIPTS
745 2021/22 2021/22
746 BUDGET REVISED
747 BEGINNING BALANCE $ 22,206,200 $ 22,397,000
748 TRANSFER FROM ELECTRIC OPERATING FUND 2,000,000 $ -
749 INTEREST EARNINGS 70,000 300,000
750 TOTALS $ 24,276,200 $ 22,697,000
751 BUDGET SUMMARY
752 2021/22 2021/22
753 BUDGET REVISED
754 TRANSFER TO ELECTRIC OPERATING FUND $ 2,800,000 $ 2,800,000
755 CURRENT YEAR BALANCE 21,476,200 19,897,000
756 TOTALS $ 24,276,200 $ 22,697,000
757 The City Manager is hereby authorized, without further approval of the City Council, to make
758 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
759 department with the exception of any transfers prohibited by City Procedure #F306.
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760 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
761 MUNICIPAL STREET AID FUND
762 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
763 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
764 The amount hereinafter named aggregating Seven Hundred Ninety-Two Thousand One Hundred dollars
765 ($792,100) or so much thereof as may be necessary are hereby appropriated from current revenues
766 and other funds for the use by several departments of the Municipal Government for the fiscal year
767 beginning July 1, 2021 and ending June 30, 2022:
768 CASH RECEIPTS
769 2021/22 2021/22
770 FIRST REV REVISED
771 BEGINNING BALANCE $ - $ 100
772 STATE GRANT 796,000 792,000
773 TOTALS $ 796,000 $ 792,100
774 BUDGET SUMMARY
775 2021/22 2021/22
776 FIRST REV REVISED
777 TRANSFER TO GENERAL FUND $ 796,000 $ 792,000
778 CURRENT YEAR BALANCE - 100
779 TOTALS $ 796,000 $ 792,100
780 The City Manager is hereby authorized, without further approval of the City Council, to make
781 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
782 department with the exception of any transfers prohibited by City Procedure #F306.
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783 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
784 ELECTRONIC RED LIGHT SAFETY PROGRAM
785 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
786 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
787 The amount hereinafter named aggregating Two Hundred Fifty Thousand One Hundred dollars
788 ($250,100) or so much thereof as may be necessary are hereby appropriated from current revenues
789 and other funds for the use by several departments of the Municipal Government for the fiscal year
790 beginning July 1, 2021 and ending June 30, 2022:
791 CASH RECEIPTS
792 2021/22 2021/22
793 FIRST REV REVISED
794 BEGINNING BALANCE $ - $ 100
795 POLICE FINES 445,000 250,000
796 TOTALS $ 445,100 $ 250,100
797 BUDGET SUMMARY
798 2021/22 2021/22
799 FIRST REV REVISED
800 TRANSFER TO GENERAL FUND $ 445,000 $ 250,000
801 CURRENT YEAR BALANCE - 100
802 TOTALS $ 445,100 $ 250,100
803 The City Manager is hereby authorized, without further approval of the City Council, to make
804 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
805 department with the exception of any transfers prohibited by City Procedure #F306.
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806 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
807 WORKERS COMPENSATION FUND
808 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
809 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
810 The amount hereinafter named aggregating Two Million Six Hundred Twenty Thousand eight
811 Hundred dollars ($2,620,800) or so much thereof as may be necessary are hereby appropriated from
812 current revenues and other funds for the use by several departments of the Municipal Government
813 for the fiscal year beginning July 1, 2021 and ending June 30, 2022:
814 OPERATING REVENUES
815 2021/22 2021/22
816 FIRST REV REVISED
817 BEGINNING BALANCE $ 2,450,500 $ 1,803,600
818 INTEREST INCOME 31,500 28,500
819 PREMIUM FROM CITY 880,100 788,700
820 TOTALS $ 3,362,100 $ 2,620,800
821 OPERATING EXPENSES
822 2021/22 2021/22
823 FIRST REV REVISED
824 PROGRAM EXPENSES/SUPPLIES - CLAIMS $ 394,000 $ 285,000
825 INSURANCE 110,800 173,700
826 STATE OF DEL - SELF INSURANCE TAX 33,500 39,000
827 CONTRACTUAL SERVICES 22,100 15,000
828 TOTAL EXPENSES 560,400 512,700
829 CURRENT YEAR BALANCE 2,801,700 2,108,100
830 TOTALS $ 3,362,100 $ 2,620,800
831 The City Manager is hereby authorized, without further approval of the City Council, to make
832 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
833 department with the exception of any transfers prohibited by City Procedure #F306.
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834 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
835 COMMUNITY TRANSPORTATION IMPROVEMENT FUND
836 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
837 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
838 The amount hereinafter named aggregating Nine Hundred Forty-Six Thousand Seven Hundred dollars
839 ($946,700) or so much thereof as may be necessary are hereby appropriated from current revenues
840 and other funds for the use by several departments of the Municipal Government for the fiscal year
841 beginning July 1, 2021 and ending June 30, 2022:
842 OPERATING REVENUES
843 2021/22 2021/22
844 FIRST REV REVISED
845 PRIOR YEAR BALANCE $ 334,000 $ 312,400
846 GRANTS REVENUE 500,000 634,300
847 TOTALS $ 834,000 $ 946,700
848 OPERATING EXPENSES
849 2021/22 2021/22
850 FIRST REV REVISED
851 PROGRAM EXP. GRANT RELATED $ 171,600 $ 747,400
852
853 CURRENT YEAR BALANCE 662,400 199,300
854 TOTALS $ 834,000 $ 946,700
855 The City Manager is hereby authorized, without further approval of the City Council, to make
856 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
857 department with the exception of any transfers prohibited by City Procedure #F306.
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858 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
859 LIBRARY GRANT FUND
860 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
861 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
862 The amount hereinafter named aggregating Four Hundred Sixty-One Thousand Four Hundred dollars
863 ($461,400) or so much thereof as may be necessary are hereby appropriated from current revenues
864 and other funds for the use by several departments of the Municipal Government for the fiscal year
865 beginning July 1, 2021 and ending June 30, 2022:
866 OPERATING REVENUES
867 2021/22 2021/22
868 FIRST REV REVISED
869 PRIOR YEAR BALANCE $ - $ 75,510
870 STATE GRANT 275,000 339,852
871 FEDERAL GRANT 2,700 2,700
872 OTHER GRANTS - 43,309
873 TOTALS $ 277,700 $ 461,371
874 OPERATING EXPENSES
875 2021/22 2021/22
876 FIRST REV REVISED
877 STATE GRANTS
878 FURNITURE/FIXTURES $ 5,000 $ 33,289
879 OFFICE SUPPLIES 23,100 30,000
880 PRINTING AND DUPLICATING 15,000 10,000
881 PROGRAM EXPENSES/SUPPLIES 28,200 55,310
882 BOOKS 125,000 162,855
883 COMPUTER SOFTWARE 3,000 6,000
884 COMPUTER HARDWARE 500 5,000
885 FED GRANT PROG EXP - 3,334
886 AUDIO VISUAL SUPPLIES 67,700 93,320
887 POSTAGE 100 100
888 TRAINING/CONF/FOOD/TRAV 3,000 5,000
889 OFF EQP/REPAIRS & MAINT 1,900 3,355
890 OTHER EQUIP - LEASE 2,500 6,000
891 STATE GRANT PROG EXP - 42,975
892 SUBTOTAL EXPENSES STATE GRANTS 275,000 456,539
893 FEDERAL GRANTS
894 PROGRAM EXPENSES/SUPPLIES 2,700 2,700
895 SUBTOTAL EXPENSES FEDERAL GRANTS 2,700 2,700
896 GRAND TOTAL EXPENSES 277,700 459,239
897 CURRENT YEAR BALANCE - 2,133
898 TOTALS $ 277,700 $ 461,371
899 The City Manager is hereby authorized, without further approval of the City Council, to make
900 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
901 department with the exception of any transfers prohibited by City Procedure #F306.
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902 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
903 CDBG GRANT FUND
904 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
905 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
906 The amount hereinafter named aggregating Three Hundred Thirty-Four Thousand Nine Hundred Forty-Three
907 dollars ($334,943) or so much thereof as may be necessary are hereby appropriated from current revenues
908 and other funds for the use by several departments of the Municipal Government for the fiscal year
909 beginning July 1, 2021 and ending June 30, 2022:
910 OPERATING REVENUES
911 2021/22 2021/22
912 FIRST REV REVISED
913 PRIOR YEAR BALANCE $ 2,500 208,573
914 CDBG GRANTS RECEIVED 632,077 335,092
915 TOTALS $ 634,577 $ 543,665
916 OPERATING EXPENSES
917 2021/22 2021/22
918 FIRST REV REVISED
919 EXPENDITURES
920 PRIOR YEAR CLOSING COST/DOWN PAYMENT PROGRAM $ 1,855 $ 36,884
921 PRIOR YEAR DOVER INTERFAITH MINISTRY - 40,000
PRIOR YEAR MHDC EMERGENCY HOME REPAIR - 47,552
921 PRIOR YEAR MHDC HOMEOWNER REHAB. 55,522 30,518
922 PRIOR YEAR DIMH & CENTRAL DE HOUSING COLLABORATIVE - 8,771
923 PRIOR YEAR MHDC EMERGENCY HOME REPAIR 35,385 -
924 PRIOR YEAR ADMIN EXPENSE - 15,247
925 CURRENT YEAR CLOSING COST/DOWN PAYMENT PROGRAM 97,845 176,213
926 CURRENT YEAR DOVER INTERFAITH MINISTRY 30,000 28,000
927 CURRENT YEAR MHDC EMERGENCY HOME REPAIR 33,000 23,901
928 CURRENT YEAR MHDC HOMEOWNER REHAB. 25,000 40,000
929 CURRENT YEAR DIMH & CENTRAL DE HOUSING COLLABORATIVE 75,284 18,740
930 CURRENT YEAR CARES ACT (COVID-19) 163,211 12,600
931 CURRENT YEAR ADMIN EXPENSE 114,976 63,239
932 TOTAL EXPENDITURES 632,078 541,665
933 CURRENT YEAR BALANCE 2,500 2,000
934 TOTALS $ 634,578 $ 543,665
935 The City Manager is hereby authorized, without further approval of the City Council, to make
936 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
937 department with the exception of any transfers prohibited by City Procedure #F306.
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938 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
939 210 - ARPA FUNDING
940 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
941 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
942 The amount hereinafter named aggregating Four million Three Hundred Nine Thousand Six Hundreddollars
943 ($4,309,600) or so much thereof as may be necessary are hereby appropriated from current revenues and
944 other funds for the use by several departments of the Municipal Government for the fiscal year
945 beginning July 1, 2021 and ending June 30, 2022:
946 OPERATING REVENUES
947 2021/22 2021/22
948 FIRST REV REVISED
949 PRIOR YEAR BALANCE $ - $ -
950 FEDERAL FUNDING RECEIVED - 4,309,600
951 TOTALS $ - $ 4,309,600
952 OPERATING EXPENSES
953 2021/22 2021/22
954 FIRST REV REVISED
955 EXPENDITURES
956 PROGRAM EXPENSES/SUPPLIES $ - 2,500,000
962
963 TOTAL EXPENDITURES - 2,500,000
967 CURRENT YEAR BALANCE - 1,809,600
968 TOTALS $ - $ 4,309,600
969 The above budget represents the combination of all State & Federal Grants.
970 The City Manager is hereby authorized, without further approval of the City Council, to make
971 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
972 department with the exception of any transfers prohibited by City Procedure #F306.
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973 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
974 207 - POLICE GRANTS FUND
975 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
976 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
977 The amount hereinafter named aggregating Eight Hundred Thirty Thousand dollars ($830,000)
978 or so much thereof as may be necessary are hereby appropriated from current revenues and other
979 funds for the use by several departments of the Municipal Government for the fiscal year
980 beginning July 1, 2021 and ending June 30, 2022:
981 OPERATING REVENUES
982 2021/22 2021/22
983 FIRST REV REVISED
984 PRIOR YEAR BALANCE $ 50,000 $ 11,100
985 STATE AND FEDERAL GRANTS RECEIVED 780,000 818,900
986 TOTALS $ 830,000 $ 830,000
987 OPERATING EXPENSES
988 2021/22 2021/22
989 FIRST REV REVISED
990 EXPENDITURES
991 MATERIALS AND SUPPLIES
992 POLICE EQUIPT & PROG SUPP 235,000 389,000
993 TECHNOLOGY EQUIPMENT 210,000 -
994 ADMINISTRATIVE EXPENDITURES
995 CELL PHONE CHARGES 15,000 -
996 TRAINING 10,000 25,000
997 AUDIT FEES - 1,000
998 TOTAL EXPENDITURES 470,000 415,000
999 OTHER FINANCING USES
1000 OPERATING TRANSFERS-OUT 310,000 415,000
1001 TOTAL FINANCING USES 310,000 415,000
1002 CURRENT YEAR BALANCE 50,000 -
1003 TOTALS $ 830,000 $ 830,000
1004 The above budget represents the combination of all State & Federal Grants.
1005 The City Manager is hereby authorized, without further approval of the City Council, to make
1006 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
1007 department with the exception of any transfers prohibited by City Procedure #F306.
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1008 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
1009 LODGING TAX FUND
1010 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
1011 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1012 The amount hereinafter named aggregating Two Hundred Seventy-Five Thousand dollars
1013 ($275,000) or so much thereof as may be necessary are hereby appropriated from current revenues
1014 and other funds for the use by several departments of the Municipal Government for the fiscal
1015 year beginning July 1, 2021 and ending June 30, 2022:
1016 CASH RECEIPTS
1017 2021/22 2021/22
1018 FIRST REV REVISED
1019 BEGINNING BALANCE $ - $ -
1020 LODGING TAXES 110,000 275,000
1021 TOTALS $ 110,000 $ 275,000
1022 BUDGET SUMMARY
1023 2021/22 2021/22
1024 FIRST REV REVISED
1025 TRANSFER TO CAPITAL PROJECT FUND $ 110,000 $ 275,000
1026 CURRENT YEAR BALANCE - -
1027 TOTALS $ 110,000 $ 275,000
1028 The City Manager is hereby authorized, without further approval of the City Council, to make
1029 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
1030 department with the exception of any transfers prohibited by City Procedure #F306.
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1031 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
1032 209 - POLICE GRANTS FUND
1033 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
1034 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1035 The amount hereinafter named aggregating Four Hundred Five Thousand dollars ($405,000)
1036 or so much thereof as may be necessary are hereby appropriated from current revenues and other
1037 funds for the use by several departments of the Municipal Government for the fiscal year
1038 beginning July 1, 2021 and ending June 30, 2022:
1039 OPERATING REVENUES
1040 2021/22 2021/22
1041 FIRST REV REVISED
1042 PRIOR YEAR BALANCE $ - $ -
1043 STATE AND FEDERAL GRANTS RECEIVED 212,400 405,000
1044 TOTALS $ 212,400 $ 405,000
1045 OPERATING EXPENSES
1046 2021/22 2021/22
1047 FIRST REV REVISED
1048 EXPENDITURES
1049 MATERIALS AND SUPPLIES
1050 POLICE EQUIPT & PROG SUPP 118,000 265,000
1051 ADMINISTRATIVE EXPENDITURES
1052 TRAINING - 15,000
1053 CONTRACTUAL SERVICES - 75,000
1053 TOTAL EXPENDITURES 118,000 355,000
1054 OTHER FINANCING USES
1055 OPERATING TRANSFERS-OUT 30,900 50,000
1056 TOTAL FINANCING USES 30,900 50,000
1057 CURRENT YEAR BALANCE 63,500 -
1058 TOTALS $ 212,400 $ 405,000
1059 The above budget represents the combination of all State & Federal Grants.
1060 The City Manager is hereby authorized, without further approval of the City Council, to make
1061 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
1062 department with the exception of any transfers prohibited by City Procedure #F306.
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1063 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
1064 SUBSTANCE ABUSE GRANTS FUND
1065 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
1066 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1067 The amount hereinafter named aggregating One Hundred eighty-One Thousand Three Hundred dollars ($181,300
1068 or so much thereof as may be necessary are hereby appropriated from current revenues and other funds
1069 for the use by several departments of the Municipal Government for the fiscal year beginning
1070 July 1, 2021 and ending June 30, 2022:
1071 OPERATING REVENUES
1072 2021/22 2021/22
1073 FIRST REV REVISED
1074 PRIOR YEAR BALANCE $ 83,700 $ 108,300
1075 STATE GRANTS RECEIVED 28,000 40,000
1076 RECREATION REVENUE 33,000 33,000
1077 TOTALS $ 144,700 $ 181,300
1078 OPERATING EXPENSES
1079 2021/22 2021/22
1080 FIRST REV REVISED
1081 EXPENDITURES
1082 TEMPORARY HELP/BENEFITS $ 68,500 $ 68,500
1083 PROGRAM EXPENSES/SUPPLIES 35,000 35,000
1084 TOTAL EXPENDITURES 103,500 103,500
1085 CURRENT YEAR BALANCE 41,200 77,800
1086 TOTALS $ 144,700 $ 181,300
1087 The above budget represents the combination of all State & Federal Grants.
1088 The City Manager is hereby authorized, without further approval of the City Council, to make
1089 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
1090 department with the exception of any transfers prohibited by City Procedure #F306.
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1091 CITY OF DOVER ORDINANCE # 2022-05 Item 5.
1092 REALTY TRANSFER TAX FUND
1093 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
1094 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1095 The amount hereinafter named aggregating Two Million Eight Hundred Thousand dollars ($2,800,000)
1096 or so much thereof as may be necessary are hereby appropriated from current revenues and
1097 other funds for the use by several departments of the Municipal Government for the fiscal
1098 year beginning July 1, 2021 and ending June 30, 2022:
1099 CASH RECEIPTS
1100 2021/22 2021/22
1101 FIRST REV REVISED
1102 BEGINNING BALANCE $ - $ -
1103 REALTY TRANSFER TAXES 1,525,000 2,800,000
1104 TOTALS $ 1,525,000 $ 2,800,000
1105 BUDGET SUMMARY
1106 2021/22 2021/22
1107 FIRST REV REVISED
1108 TRANSFER TO GENERAL FUND $ 1,525,000 $ 2,800,000
1109 CURRENT YEAR BALANCE - -
1110 TOTALS $ 1,525,000 $ 2,800,000
1111 The City Manager is hereby authorized, without further approval of the City Council, to make
1112 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
1113 department with the exception of any transfers prohibited by City Procedure #F306.
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CITY OF DOVER
PURCHASING POLICY & PROCEDURES
ISSUED BY: FINANCE & CENTRAL SERVICES
AMENDED SEPTEMBER 28, 2020 MAY 2022
Page 92
Purchasing Policy & Procedures
Table of Contents
Section Title Page #
Purchasing Flow Chart ............................................................................... 3
1 The Purpose ................................................................................................ 4
2 Ethics in Purchasing ................................................................................... 4
3 Purchasing Limits & Authority .................................................................. 4
3.1 General Guidelines...................................................................................... 4
3.2 Subdividing Purchases ............................................................................... 5
3.3 Fleet Vehicles & Associated Equipment ................................................... 5
3.4.1 Equipment Purchases $25,000 - $199,999 and Over ................................ 5
3.4.2 Equipment Purchases over $200,000 ......................................................... 5
3.5 Purchasing Threshold Table for Anything not Covered Under
Section 4 or Section 5 ................................................................................ 6
3.6 Cooperative Purchasing ............................................................................. 7
3.7 Standard Forms .......................................................................................... 7
3.8 Inspection and Full Payment ...................................................................... 7
3.9 Warranties .................................................................................................. 7
3.10 Authorized Personnel ................................................................................. 7
3.11 Change Orders ........................................................................................... 7
4 Professional Services Guidelines ............................................................... 8
4.1 Request for Proposals ................................................................................ 8
4.2 Total Cost Less than $50,000 $100,000 ..................................................... 8
4.3 Total Cost $50,000 $100,000 and Over ..................................................... 9
4.4 Subdividing the Purchases of Services ...................................................... 9
4.5 Documentation ........................................................................................... 9
4.6 Change Orders ........................................................................................... 9
5 Public Works & Utility Type Contracts & Certain Professional Services. 9
6 Exceptions .................................................................................................. 11
6.1 Sole Source Procurement ........................................................................... 11
6.2 Warehouse Stock ....................................................................................... 11
6.3 Negotiations ............................................................................................... 11
6.4 Used Materials and Equipment .................................................................. 11
6.5 Continuity of Service ................................................................................. 11
6.6 Emergency ................................................................................................. 11
6.7 Minority Owned Vendor Preference ......................................................... 12
6.8 Local Vendor Preference ........................................................................... 12
7 Receiving ................................................................................................... 12
8 Credit Card Purchases ................................................................................ 13
9 Invoices and Payments ............................................................................... 13
10 Green Procurement .................................................................................... 14
11 Debarment of Vendors for Consideration of Awards ................................ 15
12 Committees/Commissions ......................................................................... 16
Appendix A Standards of Ethical Conduct and Ethics Commission .............................. 17
Appendix B Invitation to Bid and Request for Proposal Procedures ............................. 28
Appendix C Sample Bid Bond ....................................................................................... 31
Appendix D Sample Performance Bond ........................................................................ 32
Appendix E Glossary ..................................................................................................... 34
Appendix F Quotation Worksheet (Purchases between $5,000 and $24,999 $10,000 and 49,999)
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Purchasing Flow Chart
Less Than Department Process Invoice
Yes
$5,000 $10,000 Stamp, Code, Signature and
Key into Tyler/Munis (Quotes
Optional)
No
$5,000 to $24,999 (See Legend 3 Written Department
Yes Quotes Process P.O.
$10,000 to $49,999.99 Below)
P.O. Required and Key into
Tyler/Munis
CM, Treasurer, &
Procurement Attach all quotes to
No
Manager (Above requisition in
$10,000) Approve Tyler/Munis
P.O.
Sealed
$25,000 $50,000 & Bid or Pre-Solicitation Meeting
Over Final Bid or
Yes RFP – 3 with Procurement
RFP
P.O. Required Vendors Manager
Discuss Procedures &
Specifications
CAF Review – Bid Bid Opening Public
City Manager& Award Advertising
Controller/Treasurer
Committee/Council
Approval Department Process CM, Treasurer, &
(See Legend Below) P. O. Procurement
Lowest & Best Bid Manager Approve
P.O.
.
LEGEND:
Requires Council Approval if:
Sole Source Procurement
Not low bid
Bids that exceed amount budgeted
Projects $100,000 $150,000 and greater
Vehicles/Equipment $200,000 and greater
Professional Services $50,000 $100,000 and greater (Non Public Works & Utilities)
Professional Services $50,000 $100,000 and greater (Public Works & Utilities)
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CITY OF DOVER
PURCHASING POLICY
SECTION 1 - THE PURPOSE
The purpose of the adoption of a purchasing policy is to establish the authority, limits and procedures
relating to the purchasing of materials, supplies, equipment, construction, Public Works type contracts,
and Professional Services.
SECTION 2 - ETHICS IN PURCHASING
Public employees and elected officials must discharge their duties impartially to assure competitive
access to governmental procurement by responsible contractors. Moreover, they should conduct
themselves in such a manner as to foster public confidence in the integrity of City procurement. Dover
Code Article II Section 30 (Appendix A), establishes standards of ethical conduct among public
officials and employees. Vendors participating in the City procurement will be disqualified from the
procurement if the employee, official or vendor is found to be in violation of the City’s ethical
standards and a referral of the matter will be presented to the Ethics Commission. Failure to
familiarize oneself with the provisions of this policy and appendices will not be accepted.
SECTION 3 - PURCHASING LIMITS & AUTHORITY
3.1 GENERAL GUIDELINES:
This section outlines the purchasing limits and guidelines for materials and supplies based on
the purchase amount. No department or employee shall obligate City funds until the
procedures of this section have been complied with. No employee or official shall have
purchases shipped directly to their home.
For this policy, the purchase amount is considered the purchase order total. Warehouse stock
must be reduced to the item’s reorder level prior to using open market purchases as authorized
by this policy.
While purchasing goods and services for the City, the procedures and guidelines which are
described in this purchasing policy are to be strictly followed. All purchasing related records
must be kept for the period prescribed in the State Bureau of Archives Retention Schedule.
These records may include, but are not limited to, request for proposals, vendor proposals,
analysis of proposals, change orders, and a copy of the purchase order(s).
The Information Technology Department is to provide a technical review of all specifications
for computer software and hardware purchases regardless of cost. The applicable Information
Technology personnel should be consulted on all bid evaluations for computer hardware,
software, or other related equipment.
No agreement or contract shall be entered into, nor expense incurred by any division, which
will result in an obligation more than the appropriation made to the division. It is the
division’s responsibility to see that funds are in the proper accounts before obligating or
expending funds. If the funds are not in the proper account, the transaction will not be
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processed. The department must request a transfer of funds through Tyler/Munis. Override
of funds availability must be approved by the Controller/Treasurer and the City Manager.
3.2 SUBDIVIDING PURCHASES:
Multiple purchase orders issued by a department for the same items during the same time
frame in an attempt to negate the purchasing policy restrictions will be considered a clear
violation of the purchasing policy; also considered subdividing purchases.
3.3 FLEET VEHICLES & ASSOCIATED EQUIPMENT:
Purchase of fleet vehicles and associated equipment shall not require Council approval when
the purchases have been approved in the budget for the then current fiscal year. However, no
vehicle designated as a replacement for any vehicle then currently owned by the City of Dover
shall be purchased or ordered for purchase unless and until the then currently city-owned
vehicle has been mechanically evaluated and determined by Fleet Maintenance to be no longer
reliable for use in its then current capacity. All items within the amount budgeted must have
a vehicle/equipment replacement request completed and forwarded to the City Manager for
approval. Council approval is always required when the purchase is from sole source
procurement, when the vendor is not the low bidder, or when the purchase price is higher than
the budgeted amount for that vehicle and the overage cannot be made up through savings on
other vehicles and equipment. To qualify as low bidder, the bid must meet the bid
specifications. The City Purchasing Agent is authorized to purchase vehicles and equipment
through the State of Delaware and other cooperative contracts when in the best interest of the
City.
3.4.1 EQUIPMENT PURCHASES $25,000 - $199,999 AND OVER:
Budgeted equipment specifically identified in the Capital Improvement Plan does not need
Council approval unless the purchase is sole vendor, sole source procurement, greater than
budget or not low bid. The purchase does not require construction or ancillary services.
Equipment purchases $200,000 or greater requires Council approval.
3.4.2 EQUIPMENT PURCHASES $200,000 AND OVER:
Cooperative Purchasing will not be permitted for any vehicles or equipment valued $200,000
and over. Sealed bids will be required.
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3.5 PURCHASING THRESHOLD TABLE:
PURCHASING THRESHOLDS
Less than $5,000 $10,000 $5,000 to$24,999 $10,000 to $25,000 $50,000 & Over
$49,999.99
Open market; Department Head Department Head solicit no less than Formal Invitation to Bid (ITB) or Request for
discretion to obtain quotes three (3) written quotations; if fewer Proposal (RFP); no less than three (3) potential
than three (3) quotations, justification vendors email addresses supplied to
must be included within the Procurement/Inventory by requesting
requisition in Tyler/Munis Department
Purchases will be made by Quotations and support Pre-Solicitation Meeting recommended of the
designated personnel documentation are to be attached to respective Department & Procurement
requisition in Tyler/Munis; use the Manager to discuss appropriate procedures and
quotation worksheet in Appendix F specifications
Approved invoices are to be Requires requisition and purchase Public sealed bid or sealed proposal procedures
entered in Tyler/Munis for order through Tyler/Munis as outlined in Appendix B
payment
Purchases under existing City All purchases will be made by Public Advertising at least once a week for two
contracts shall be made in soliciting Department utilizing a (2) consecutive weeks in publication with
accordance with the terms of such Purchase Order circulation in each county of the State;
contract additional advertising discretionary
Supplies available from Award shall be made to the lowest Public Bid/Proposal Opening; time and date of
warehouse stock should not be and the best quotation; vendor public bid opening shall be stated in the notice
procured from third party vendors references may be checked for bids; delivered to Procurement/Inventory,
710 William Street, Dover, DE 19904
Item numbers, quantities, unit Item numbers, quantities, unit cost, Faxed bid is not acceptable for this category;
cost, and extension must be and extension must be completed on sealed bids may be emailed to
completed on every purchase every purchase order for materials or bids@dover.de.us or as agreed to with the
order for materials or paying for paying for contracted labor at hourly Department Head
contracted labor at hourly rates rates
Approval assigned at Department Fax and email quotations are Lowest and/or most responsive bid will be
Head Level acceptable accepted; vendor references may be checked to
verify ability to meet contract requirements
Departmental approval assigned by Bid Bond or certified check in the amount
Department Head; Electronic equivalent to ten percent (10%) of the bid
Approval – Asst. City Manager/City amount for items/contracts over $25,000
Manager & Controller/Treasurer $50,000; can be waived by Purchasing Agent
and Department Head
Purchase Order to include: Performance Bond required for construction
Unit Cost $; account number; project work
number if applicable; brief description
of item or service when not identifiable;
quotes from each vendor in comments
NOTE – Changes to Purchase Orders Purchases exceeding $25,000 $50,000 shall
are to be completed through the require Council approval for sole source
financial systems. Purchase Orders procurement, greater than budget and not low
received with manual changes to bidder. Committee/Council Action Forms to
amounts/unit cost will not be include: budget $, P. O. $ or unit cost $, account
processed by the Finance Department number, project number, page number in budget,
bid/RFP number if applicable, if unit cost was
bid include cost comparison, if blanket bid or
proposal is for recurring services provide average
annual cost for past three years for the service
and description and recommended action
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3.6 COOPERATIVE PURCHASING:
The City of Dover is permitted to use cooperative contracts to purchase material once it has
been determined that the procedures outlined within this policy will not be violated. To use
cooperative purchasing the quantities and timing of the materials must be coordinated with
the partnering entity to insure cost savings through economies of scale. Any deviation from
this policy for cooperative purchasing must be approved by the City Manager and
Controller/Treasurer prior to entering into any purchase agreement.
3.7 STANDARD FORMS:
All purchasing related forms and bid documents are developed and standardized for the City
of Dover by Procurement/Inventory. No substitutions of the City of Dover Purchase Order
form or other standardized forms will be permitted. Where applicable, unit(s) of measure and
unit cost must be included in the purchase order. Purchase orders with the quantity of one (1)
will not be accepted unless the quantity is truly one (1).
3.8 INSPECTION AND FULL PAYMENT:
Upon receiving materials and equipment and upon completion of construction, the City of
Dover shall cause a detailed inspection. Full payments for the purchases will be made only
upon the Department Head's complete satisfaction as to the fulfillment of all the conditions of
the contract. The department will authorize final payment for materials and equipment upon
completion of construction.
3.9 WARRANTIES:
The department requesting the material or service shall monitor and maintain all warranties.
3.10 AUTHORIZED PERSONNEL:
Only authorized personnel can purchase goods for the City of Dover. The authorized
signature must appear on the invoice(s). The original Authorized Signature Form must be
kept in the Finance Office – Accounts Payable. This form must be updated if a new employee
will be signing invoices and purchase orders. The form can be found in Public Docs.
3.11 CHANGE ORDERS:
If, after a purchase order is awarded, it becomes necessary to add items/work because of
unforeseen findings or a scheduled change, a change order can be issued without Council
approval as follows:
A) For purchases of $5,000 - $24,999 $10,000 to $49,999.99 the Procurement Manager
is authorized to sign purchase order changes up to and including 15% of the original purchase
amount when the total dollar value of the purchase does not exceed $25,000 $50, 000 and the
amount of the item is still within the amount budgeted for that item.
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B) For purchases of $25,000 $50,000 or greater, the City Manager and
Controller/Treasurer are authorized to approve change orders as follows:
15% of the original purchase amount when the purchase is made on a unit cost basis,
the purchase is within the approved (project) budget and/or the approved Council
Action Form.
SECTION 4 - PROFESSIONAL SERVICES GUIDELINES
Professional Services are normally solicited by use of a Request for Proposal. This section provides
the guidelines and procedures for the procurement of professional services that are not covered by
Section 5 – Public Works & Utility Type Contracts and Certain Professional Services.
Examples of the professional services covered under this section are: consulting for rate studies, audit
services, financial services, and computer related consulting. These are only examples, and the scope
of the provisions of this section is not limited to these examples.
4.1 REQUEST FOR PROPOSALS:
Evaluation of proposals must adhere to the following guidelines:
1. Determine what proposals are acceptable and unacceptable
2. A determination that a proposal is unacceptable shall be in writing, state the basis for the
determination and be retained in the procurement file
3. The offeror shall not be afforded an opportunity to modify its offer
Negotiation with individual offerors:
1. The department can negotiate with individual offerors after their proposals are opened
2. The department shall develop formalized procedures to be consistently applied to each
offer
3. Disclosure of one offerors price to another is prohibited
4. The department must send a written request for best and final offers setting forth the date,
time, and place for submission of best and final offers
5. The department must inform the offerors that if they do not submit a notice of withdrawal
or a best and final offer, their immediate previous offer will be construed as their best and
final
Final Award:
1. The contract shall be awarded within 90 days of the closing date
2. The department shall award a contract to the offeror whose proposal is determined in
writing to be most advantageous to the City
3. The determination shall explain the basis of the award
4. Procurement/Inventory shall notify each unsuccessful offeror in writing of the award
4.2 TOTAL COST LESS THAN $50,000 $100,000:
Professional services covered under this section may be obtained using open market prices.
It is the Department Head’s discretion to require written proposals from the service providers.
The decision to award the contract for professional service shall be based on performance
track records, fees, time schedule and known quality of work. Fax and email proposals are
acceptable for this category.
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4.3 TOTAL COST $50,000 $100,000 AND GREATER:
For procuring professional services covered under this section, the department shall use the
"Request for Proposal" method and in conjunction with the Procurement/Inventory Manager
or authorized purchaser send requests for proposals to available service providers. The
request for proposal will clearly include the following:
1. scope of work
2. schedule for work
3. request to provide fees, expenses, and payment schedules
4. last date for submitting the proposal
5. evaluation method
6. address, contact person, and phone number
The services procured under this provision must have the approval of the department head. A
purchase order must be issued to include, but not limited to the above, the total amount,
providing details and a reference of the professional services agreement number, if any, and
the location. Email proposals are acceptable for this category. For professional services with
fees and expenses totaling more than $50,000 $100,000, or those greater than budget, the City
Council’s approval is required.
4.4 SUBDIVIDING THE PURCHASES OF SERVICES:
The City of Dover departments shall NOT subdivide the purchase or the contract for
professional services to avoid the requirements of this purchasing policy.
4.5 DOCUMENTATION:
If a firm/consultant under contract to the City of Dover issues a bid/proposal as part of their
contract, the original documents must be provided to the City. The final determination for all
awards shall rest with the City.
4.6 CHANGE ORDERS:
The same procedures as outlined in paragraph 3.10 11 will apply to Professional Services
regarding change orders.
SECTION 5 - PUBLIC WORKS & UTILITY TYPE CONTRACTS AND
CERTAIN PROFESSIONAL SERVICES
"Public Works Contract" means any contract for the construction, reconstruction, alteration or repair
of any public building, road, street, highway, water utility, wastewater utility, electric utility or other
public improvement, the cost of which will be paid with public funds. Any project materials and
supplies purchased by the City, and not a Contractor or Service Provider, are to be procured under
Section 3 of this policy.
"Certain Professional Services" means those services within the scope of the practice of architecture,
professional engineering, professional land surveying, landscape architecture and geology.
All Public Works and Utility contracts entered for less than $100,000 $150,000 that are specifically
identified in the Capital Improvement Plan do not need Council approval unless the purchase is sole
vendor, sole source procurement, greater than budget or not low bid. Procurement $100,000 $150,000
or greater requires Council approval.
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Public Works & Utilities
Less than $50,000 $50,000 - $99,999 $149,999.99 $100,000 $150,000 & Over
Open market Solicit three (3) written quotations – Formal Bidding – Purchaser
MANDATORY
$0 - $24,999 quotations optional Bids/Contract Admin. discretionary Public Advertising
$25,000-$49,999; Solicit three (3) Specifications and/or plans Specifications and/or plans
phone quotes (attach to requisition in discretionary
Tyler/Munis)
Specifications and/or plans Bid bond discretionary Bid Bond discretionary
discretionary
Public Opening discretionary Public Opening
Formal Contract discretionary Formal Contract
Performance Bond discretionary Performance Bond
Purchase Order to include: Unit Cost $; Account number; project number if applicable; Brief description of item or service
when not identifiable; Quotes from each vendor attached to requisition in Tyler/Munis
Committee/Council Action Forms to include: Budget $, or Unit Cost $; Account number; project number; page number in
budget; Bid/RFP number if applicable. If unit cost bid includes cost comparison. If blanket bid or proposal is for recurring
services, provide average annual cost for past three years for the service. Description and recommended action. The Action
Form should be scanned into the Tyler/Munis system when processing Requisitions/PO’s
Footnote – When a project is partially or wholly funded by the State of Delaware: prevailing wage rates apply to
projects over $45,000 for repairs, alterations, rehabs, demolition, or reconstruction or $500,000 for new construction.
Public Works & Utilities – Certain Professional Services
Less than $50,000 $100,000 $50,000 $100,000 & Over
Open Market Formal RFP Process
Use same procedure as Section 4.2 Public Advertising; use same
procedure as Section 4.3
Professional Services for Public Works & Utilities includes services within the scope of practice of architectural,
professional engineering, professional land surveying, landscape architectural services and geology.
PRE-QUALIFICATION OF BIDDERS
Prequalification of Bidders is permitted to screen potential vendors in which such factors as financial
capability, reputation and management are considered to develop a list of qualified vendors. The
vendors should provide background information on their company, implementation methods, and
references. Once the list of qualified vendors is established a Request for Proposal will be developed
to include clear specifications, expectations and clearly outlined evaluation criteria. A price range
may be requested but is not necessary. Detailed information will be provided during the RFP process.
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SECTION 6 – EXCEPTIONS
6.1 SOLE SOURCE PROCUREMENT:
Sole source procurement is not permissible unless a requirement is available from only a
single supplier/manufacturer. A requirement for a propriety item does not justify sole source
procurement if there is more than one potential bidder or offeror for that item. The following
are examples of circumstances which could necessitate sole source procurement:
• Where the compatibility of equipment, accessories, or replacement parts is the
paramount consideration; items of comparable quality and equal function are not to
be considered under sole source procurement
• Where the sole supplier’s item is needed for trial use or testing
If the purchase is over $25,000 $50,000 it must be presented to Council for approval. Sole
suppliers/manufacturers must be justified in writing by the Department Head Director and be
approved by the City Manager.
6.2 WAREHOUSE STOCK:
Items placed on annual or multi-year contracts for warehouse stock shall not be subject to
Council approval as these items are purchased as individual units and not in blocks. Increases
in unit prices greater than 15% shall be communicated to the respective Department.
6.3 NEGOTIATIONS:
Negotiations are authorized during the Request for Proposal evaluation process, when sole
source has been pre-approved or when a material specification or scope of work change occurs
after the award of a competitively bid contract.
6.4 USED MATERIALS AND EQUIPMENT:
For the purchase of used or surplus materials or equipment, the provisions of this policy may
not apply. Purchases of $25,000 $50,000 or greater must be presented to Council for their
approval.
6.5 CONTINUITY OF SERVICE:
When there is an abrupt discontinuation of service due to breakdown, accident, or other
similar event and it is necessary to obtain materials or equipment to continue service to the
citizens, the provisions of this policy may be waived by the City Manager. For no other reason
should a purchase order be issued for this exception.
6.6 EMERGENCY:
An emergency condition is a situation which creates a threat to public health, welfare, or safety
such as may arise. The existence of such condition creates an immediate and serious need for
supplies, services, or construction that cannot be met through normal procurement methods
and the lack of which would seriously threaten one or more of the following:
1. The functioning of the City government
2. The preservation or protection of property
3. The health or safety of any person
Emergency procurement shall be limited to those supplies, services, or construction items
necessary to meet the emergency. The Mayor or City Manager will be responsible for
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deciding as to the existence of the emergency.
6.7 MINORITY OWNED VENDOR PREFERENCE:
Minority owned vendor preference shall be three percent (3%) of the value of the award. The
vendor must identify qualification and claim to the preference on the submitted bid
documents. The vendor must provide authoritative proof of minority ownership such as
identification in the certification directory maintained by the State of Delaware, Office of
Management and Budget, Office of Supplier Diversity, to qualify for this preference. This
preference is to be considered as a stand-alone and cannot be added to any other preference
that may be allowed. This preference shall not apply to sub-contractors.
6.8 LOCAL VENDOR PREFERENCE:
Local vendor preference shall be considered for materials, equipment, construction contracts,
and utility contracts. Local vendor preference shall be three percent (3%) of the value of the
award. A local vendor is a vendor with a “remit to” address or physical store location in the
local area as identified below. The term local vendor is defined as a gradually increasing
range with preference assigned as follows:
Rule 1: Vendor located within the city limits of the City of Dover
Rule 2: Vendor located within Kent County (if no vendor qualifies under Rule 1)
Rule 3: Vendor located within the State of Delaware (if no vendor qualifies under Rules
1 & 2)
If no vendor qualifies under rules 1, 2, or 3 no local vendor preference shall be awarded. The
vendor must identify qualification and claim to the preference on the submitted bid
documents. This preference shall not apply to sub-contractors.
SECTION 7 - RECEIVING
7.1 No employee shall pick up or receive goods without his or her supervisor's authorization. In
the case of a special project, stock material deliveries may be made to the job site but should
be coordinated through Procurement/Inventory. Procurement/Inventory will take charge of
the delivery ticket for file and paying of the invoice for stock material only.
Packing slips (proof of receipt) when appropriate are to be attached to the invoice or payment
will not be disbursed until these conditions are met. If only an invoice is provided by the
vendor, then the employee receiving the item shall sign the invoice as proof of receipt. Proof
of receipt must have who received the item and the date the item was received.
7.2 While taking delivery of items the individual accepting the item will sign any one of these
documents: Receiving/payment copy of the purchase order, vendor's invoice, delivery slip or
packing ticket. The person receiving the goods and signing the receipt document must verify
the quantity and item description/part number with the purchase order or any other document
and must check the condition of the items/packages to make reasonably sure that there are no
problems with the delivery. If problems are observed, the notes must be made on the receiving
documents or the delivery must be returned. Partial delivery is acceptable. The original
receipt of all documents must be forwarded to Procurement/Inventory for stock material only.
7.3 No City employee will sign for any item or service, which is not received.
7.4 Payment for the goods will be made only to the extent the goods are received by the City.
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SECTION 8 - CREDIT CARD PURCHASES
8.1 The City does not encourage credit card purchases.
8.2 The City has a very limited number of credit cards for stores where the purchases are more
easily made with a credit card or where vendors do not bill the City and credit cards are
necessary.
8.3 The employee using a store credit card must make sure of the purchase price, quantity, quality
and the necessity of the item. The person must sign as required and turn in the purchaser's
copy of the credit card receipt to their department for processing and send to Accounts Payable
upon receipt of credit card statement.
8.4 The credit card must be used only by authorized personnel and cannot be used for personal
business.
8.5 All credit cards shall be handled through the Finance Department as outlined in Procedure
F346.
8.6 The City does not encourage use of personal credit cards for business purchases. Where use
of a personal credit card is necessary to complete City of Dover business in a timely and/or
efficient manner, the employee is not authorized to approve their own reimbursement request.
The reimbursement request must be approved by other authorized personnel.
SECTION 9 - INVOICES AND PAYMENTS
9.1 For payment purposes, the original invoices must carry the following: approval stamp,
authorized signature, G/L# and date. All employee travel expenditures are to be processed
with a purchase order including other reimbursements. Purchases over $5,000 of $10,000 and
over must also include a purchase order. Employee travel requires a requisition / purchase
order if the amount of travel is over $5,000. Each department will be entering their own
invoices and requisitions into Tyler/Munis. Batches will be released and/or approved by
departments before Accounts Payable will review and process payments to vendors. Delay
in submission of invoices will result in delay of payment to vendors. All supporting
documentation must be attached to invoice(s) in Tyler/Munis. Departments are responsible
for ensuring invoice processing is completed, approved, and submitted for payment prior to
forwarding vendors to Finance for payment inquiries.
9.2 Vendors must be registered in Tyler/Munis for invoices $600.00 or more per calendar year.
A completed new vendor form and IRS Form W-9, both available in public
documents/forms/accounts payable, must be forwarded to Finance to have the vendor
established in Tyler/Munis. All purchases less than $600.00 per calendar year will be
considered a one-time vendor and not require a W-9.
9.3 It is the City's policy to pay the invoices on time and, therefore, the payment documents must
be process in Tyler/Munis as soon as possible.
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SECTION 10 – GREEN PROCUREMENT
10.1 The City of Dover is committed to using and purchasing energy efficient/environmentally
preferable products in the most cost effective and environmentally responsible manner
possible. Purchasing energy efficient products reduces energy costs without compromising
quality. Purchases should be based on:
1. Consideration on the impact to the environment, economy, and human health and
well-being.
2. Consideration of specification compliance, delivery time and price.
3. Preference given to environmentally preferable materials when they perform
satisfactorily and can be obtained at a reasonable price.
10.2 The US Government in Executive Order 12873 defined environmentally preferable products
as “products or services that have a lesser or reduced effect on human health and the
environment when compared with competing products or services that serve the same
purpose.” This should include items that are energy efficient, conserve water, reduce toxins,
conserve natural resources, have recycled content, or minimize waste.
10.3 The Procurement Manager shall establish a price preference of up to ten percent (10%) for
recycled and other environmentally preferable products. This price preference must be
established in advance of any bid and must be included in the bid specifications, cover letter
or evaluation criteria. This percentage may be modified from time to time at the discretion of
the Procurement Manager with the objective of maximizing the City’s purchase of
environmentally preferable products.
10.4 LIFE CYCLE COST ANALYSIS:
The requesting department shall perform lifecycle costing analysis on equipment that has the
potential to reduce operating, maintenance or energy costs over the useful life of the
equipment. Based on said analysis, the contracting agency shall incorporate specifications in
the contract for equipment that has the lowest total cost of ownership and operation over the
useful life of the equipment. The use of lifecycle costing analysis may be waived by the
department head, in writing, if the equipment is not appropriate for lifecycle costing analysis.
10.5 ENERGY EFFICIENT PRODUCTS:
A) The City shall purchase Energy Star products, as designated by the federal
Environmental Protection Agency, when such products are available. The department may
include non-Energy Star rated equipment as an alternate in the bid documents to enable
lifecycle costing analysis to be performed as part of the analysis of responsive bids. The
department shall be required to award a contract that includes the procurement of Energy Star
rated equipment unless they can demonstrate, in writing, to the satisfaction of the City
Manager, that the interests of the city would be better served by procuring non-Energy Star
rated equipment.
B) Prior to initiating a request for procurement of any product, the department shall
review the specifications for such product to determine whether an Energy Star product is
available. If an Energy Star product is available, the department is required to include in its
bid specifications the requirement that the product be an Energy Star product unless it can be
demonstrated, in writing, to the satisfaction of the department head, that a product with an
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Energy Star rating meets at least 1 of the following criteria:
1. The product is not available competitively
2. The product is not available within a reasonable time frame
3. The product does not meet appropriate performance standards
SECTION 11 – DEBARMENT OF VENDORS FOR CONSIDERATION OF AWARDS
11.1 Any vendor who fails to perform as outlined in the established contract may be subject to
suspension or debarment. Once a problem with a vendor/contractor is discovered, the
Department responsible for the contract will document the problem and all attempts at
resolution. The vendor/contractor will be held in breach of contract. The responsible
Department must submit a recommendation of debarment to the City Manager and the
Procurement Manager. If enough cause is determined, the City Manager (with advice from
the City Solicitor, if necessary) and/or the Procurement Manager will provide reasonable
notice to the Vendor and allow a reasonable time for that vendor to be heard. The City
Manager shall have the authority to debar a vendor/contractor for cause from consideration
for award of contracts. The debarment shall not be for a period of more than three years.
11.2 The causes for debarment include:
A) Conviction of or civil judgment for commission of a fraud or a criminal offense in
connection with obtaining or attempting to obtain or performing a public or private contract
or subcontract
B) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other offense
indicating a lack of business integrity or business honesty
C) Conviction under state or federal antitrust statutes arising out of the submission of
bids or proposals
D) Violation of contract provisions, as set forth below, of a character which is regarded
by the City Manager to be so serious as to justify debarment action:
i. Deliberate failure without good cause to perform in accordance with the
specifications or within the time limit provided in the contract
ii. A recent record of failure to perform or of unsatisfactory performance in
accordance with the terms of one (1) or more contracts; if failure to perform or
unsatisfactory performance caused by acts beyond the control of the contractor shall not be
a basis for debarment
E) Any other cause the City Manager determines to be as serious and compelling as
to affect responsibility as a City contractor, including debarment by another
governmental entity for any cause listed in this article
F) For violation of the ethical standards set forth in Section 2 of this policy or Dover
Code, Chapter 30
11.3 The City Manager is authorized to suspend a person from consideration for award of
contracts pending his/her decision if there is probable cause to believe that the person has
engaged in any activity which might lead to debarment. The suspension shall continue
until the debarment decision has been made. The City Manager shall notify the person to
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be debarred in writing and set forth the basis for the action. A copy of the notification shall
be sent to the Mayor and Council. The written notification shall be delivered to the person
to be suspended either in person or by certified mail. The decision shall state the basis for
the action taken.
11.4 Before the award of any contracts utilizing federal funds, the department must exclude any
vendors listed on the Federal Government’s Excluded Parties Listing located
atwww.sam.gov.
SECTION 12 - COMMITTEES/COMMISSIONS
12.1 All City of Dover appointed Committees and Commissions are required to follow the City of
Dover purchasing policy, unless otherwise directed by City Council.
12.2 The Committee Chair or designated City staff member is authorized to purchase materials.
12.3 A list of the names of the individuals authorized to make purchases along with each authorized
individuals’ signature are to be submitted to the Finance Department.
12.4 A proposed work plan or budget will be required prior to disbursement of funds.
12.5 The Finance Department will give each Committee Chairperson a purchasing orientation and
provide a copy of the Purchasing Policy.
EFFECTIVE DATE
Adopted by City Council December 8, 2008
Amended by City Council February 28, 2011
Amended by City Council October 22, 2018
Amended by City Council September 28, 2020
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APPENDIX A
STANDARDS OF ETHICAL CONDUCT AND ETHICS COMMISSION
ARTICLE II – STANDARDS OF ETHICAL CONDUCT
Chapter 30, Section 30-20. - Established.
High ethical standards among public officials and employees are essential to gain and maintain the
confidence of the people, because such confidence is essential to the conduct of free government.
Public officials and employees are agents of the people and hold office for the benefit of the public.
They are bound to observe in their official acts the highest standards of morality and to discharge
faithfully and impartially the duties of their offices, regardless of personal considerations,
recognizing that the public interest must be their primary concern. Their conduct in both their
official and private affairs should be above reproach. These standards of ethical conduct are
adopted in order to secure this desired high level of public trust, ensure the impartiality of public
officials and employees, and impose standards of accountability.
(a) General responsibilities of officials and employees.
(1) Officials and employees have the common obligation of serving the public. In
performing their duties, they shall treat the public and each other with respect,
concern, and responsiveness, recognizing that their common goal of exceptional
public service can only be achieved by working together. Disputes that arise among
public servants shall be resolved at the lowest possible level; keeping in mind that
public money spent on resolving these disputes is money not spent on important
public needs.
(2) Officials and employees shall treat their position as a public trust, with a fiduciary
duty to use the powers and resources of public office only to advance the public
interest and not to obtain personal benefits or pursue private interests.
(3) Officials and employees shall conduct themselves in a manner that justifies the
confidence placed in them by the people, at all times maintaining the integrity and
discharging ethically the high responsibilities of public service.
(4) Full disclosure of real or potential conflicts of interest shall be a guiding principle
for determining appropriate conduct. At all times, reasonable efforts shall be made
to avoid undue influence and abuse of office in public service.
(5) No official or employee may request or receive, and no person may offer any
money, thing of value or promise thereof, other than any city pay received, that is
conditioned upon or given in exchange for promised performance of an official act.
(b) Appearance of violation. Each city employee and official shall endeavor to pursue a
course of conduct which will not raise suspicion among the public that he is engaging in
acts which are in violation of his public trust and which will not reflect unfavorably upon
the city and its government.
(c) Private interest; gifts. No city employee or official shall have any interest in any private
enterprise, nor shall he incur any obligation of any nature which is in substantial conflict
with the proper performance of his duties in the public interest. No city employee or
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official shall accept other employment, any compensation, gift, payment of expenses or
any other thing of monetary value under circumstances in which such acceptance may
result in any of the following:
(1) Impairment of independence of judgment in the exercise of official duties;
(2) An undertaking to give preferential treatment to any person;
(3) The making of a governmental decision outside official channels; or
(4) Any adverse effect on the confidence of the public in the integrity of the
government of the city.
(d) Interest in private enterprise. No city employee or official shall acquire a financial
interest in any private enterprise which he has reason to believe may be directly involved
in decisions to be made by him in an official capacity on behalf of the city.
(e) Prohibitions relating to conflicts of interest. No councilman or other official or
employee, whether paid or unpaid, shall engage in any business or transaction or shall
have a financial or other personal interest, direct or indirect, which is incompatible with
the proper discharge of his official duties in the public interest or would tend to impair
his independence of judgment or action in the performance of his official duties. Personal
as distinguished from financial interest includes an interest arising from blood or marriage
relationships or close business or political association provided, that upon request from
any person with official responsibility with respect to the matter, any such person who
has such a personal or private interest may nevertheless respond to questions concerning
any such matter.
(1) Restrictions on exercise of official authority.
a. Prohibited participation. No city employee or official may participate on behalf
of the city in the review or disposition of any matter pending before the city in
which he has a personal or private interest, provided that, upon request from any
person with official responsibility with respect to the matter, any such person
who has such a personal or private interest may nevertheless respond to
questions concerning any such matter. A personal or private interest in a matter
is an interest which tends to impair a person's independence of judgment in the
performance of his duties with respect to that matter.
b. Impairment of judgment. A person has an interest which tends to impair his
independence of judgment in the performance of his duties with respect to any
matter when:
i. Any action or inaction with respect to the matter would result in a financial
benefit or detriment to accrue to the person or a close relative to a greater
extent than such benefit or detriment would accrue to others who are
members of the same class or group of persons; or
ii. The person or a close relative has a financial interest in a private enterprise
which enterprise or interest would be affected by any action or inaction on
a matter to a lesser or greater extent than like enterprises or other interests
in the same enterprise.
c. Statutory responsibility. In any case where a person has a statutory responsibility
with respect to action or inaction on any matter where he has a personal or
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private interest and there is no provision for the delegation of such responsibility
to another person, the person may exercise responsibility with respect to such
matter, provided that, promptly after becoming aware of such conflict of interest,
he files a written statement with the ethics commission, fully disclosing the
personal or private interest and explaining why it is not possible to delegate
responsibility for the matter to another person.
(2) Restrictions on representing another's interest before the city.
a. Prohibited. No city employee or official may represent or otherwise assist any
private enterprise with respect to any matter before the city.
b. Exception. This subsection shall not preclude any city employee or official from
appearing before the city or otherwise assisting any private enterprise with
respect to any matter in the exercise of his official duties.
(3) Restriction on contracting with the city.
a. Prohibited. No city employee or official shall benefit from any contract with the
city, nor solicit any contract, and shall not enter into any contract with the city
(other than an employment contract).
b. Ownership of enterprise. No private enterprise in which a city employee or
official has a legal or equitable ownership of more than ten percent (more than
one percent in the case of a corporation the stock of which is regularly traded on
an established securities market) shall enter into any contract with the city (other
than an employment contract) unless such contract was made or let after public
notice and competitive bidding.
(f) Postemployment restrictions. No person who has served as a city employee or official
shall represent or otherwise assist any private enterprise on any matter involving the city,
for a period of two years after termination of his employment or elected or appointed
status with the city, if he gave an opinion, conducted an investigation or otherwise was
directly and materially responsible for such matter in the course of his official duties as a
city employee or official, nor shall any former city employee or official disclose
confidential information gained by reason of his public position, nor shall he otherwise
use such information for personal gain or benefit.
(g) Unauthorized disclosure of confidential information. No person shall disclose any
information required to be maintained confidential by the ethics commission under
section 30-3(b), 30-73 or 30-74.
(h) Abuse of office.
(1) Political contributions. No elected city official shall agree to sponsor legislation,
or to influence in any manner the formulation or passage of legislation, in exchange
for political contributions or promises thereof.
(2) Substantial interest. No elected city official shall vote for, or promote in any manner
whatsoever, legislation affecting any subject matter in which he has a substantial
interest. Any such interest shall be disclosed by said elected official prior to a vote
on any such legislation and said elected official shall vote "abstain" when called upon
to vote.
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(3) Use of city property. No city official or employee shall request or permit the use of
city-owned vehicles, equipment, materials, or property for personal convenience or
profit, except when such services are available to the public generally or are provided
for the use of such official or employee in the conduct of official business as a matter
of municipal policy.
(4) Personal gain. No city official or employee shall utilize the influence of his office
or position for personal pecuniary gain, or to avoid the legal consequences of his
personal conduct.
(i) Criminal sanctions.
(1) Penalties. Any person who knowingly or willfully violates any provision of this
section shall be guilty of a misdemeanor, punishable for each such violation by
imprisonment of not more than one year and by a fine as provided for in
Appendix F—Fees and Fines.
(2) Time limitations. A prosecution for a violation of this section shall be subject to the
time limitations of 11 Del. C. § 205.
(j) Contracts voidable by court action. In addition to any other penalty provided by law,
any contract entered into by any city agency in violation of this chapter shall be voidable
by the city agency; provided that in determining whether any court action should be taken
to void such a contract pursuant to this subsection, the city agency shall consider the
interests of innocent third parties who may be damaged thereby. Any court action to void
any transaction must be initiated within 30 days after the city agency involved has, or
should have, knowledge of such violation.
(k) Private gain. No city employee or official shall use his public office to secure
unwarranted privileges, private advancement or gain.
(l) Confidential information; prohibited activity. No city employee or official shall engage
in any activity beyond the scope of his public position which might reasonably be
expected to require or induce him to disclose confidential information acquired by him
by reason of his public position.
(m) Disclosure of information. No city employee or official shall, beyond the scope of his
public position, disclose confidential information gained by reason of his public
position, nor shall he otherwise use such information for personal gain or benefit
(n) Ex parte communications. No official or employee shall encourage, make or accept any
ex parte or other unilateral application or communication that excludes the interests of
other parties in a matter under consideration when such application or communication is
designed to influence official decision or conduct of the official or other officials,
employees or agencies in order to obtain a more favored treatment or special
consideration to advance the personal or private interests of himself or herself or others.
The purpose of this provision is to guarantee that all interested parties to any matter shall
have equal opportunity to express and represent their interests.
Any written ex parte communication received by an official or employee in matters where
all interested parties should have equal opportunity for a hearing shall be made part of the
record by the recipient.
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Any oral ex parte communication received under such conditions should be written down
in substance by the recipient and also made a part of the record.
A communication concerning only the status of a pending matter is not regarded as an ex
parte communication.
(o) Sexual favors. No city employee or official, in the course of his public responsibilities,
shall use the granting of sexual favors as a condition, either explicit or implicit, for an
individual's favorable treatment by that person or a city agency.
ARTICLE III. - ETHICS COMMISSION
Sec. 30-71. - Established; composition; removal; terms of office; vacancies; chairperson; quorum;
compensation; legal counsel.
(a) Established; composition; removal. The city ethics commission is hereby established to
administer and implement this chapter. The ethics commission shall consist of five
members appointed by the mayor and confirmed by the city council. No member of the
commission shall hold any elected or appointed office under the government of the United
States or the state, county, or city. Members of the ethics commission may be removed
by the mayor, with the concurrence of the city council, for substantial neglect of duty,
gross misconduct in office or a violation of this chapter.
(b) Terms of office; vacancies. A member of the ethics commission shall be appointed for
a term of office of five years and until his successor has been appointed and has qualified.
The members shall be appointed for staggered terms of office, and until their successors
have been appointed. When a vacancy occurs in the membership of the ethics
commission, it shall be filled by appointment for the unexpired portion of the term in the
same manner as the original appointment.
(c) Chairperson; quorum. The ethics commission shall elect a chairperson from among its
membership. Three members of the ethics commission shall constitute a quorum and, if
a quorum is present, a vacancy on the ethics commission shall not impair the right of the
remaining members to exercise all the powers of the ethics commission. Disciplinary
hearings may be conducted and sanctions may be imposed only by the affirmative action
of at least three members; otherwise, the ethics commission may delegate authority to the
chairperson to act for the ethics commission between meetings.
(d) Compensation. Members of the ethics commission shall receive no compensation.
(e) Legal counsel. The city solicitor shall provide legal counsel to the ethics commission
and shall be the legal representative of the ethics commission in connection with its duties
hereunder, on a case-by-case basis, or determine that outside counsel is needed and obtain
such outside counsel for a particular matter.
Sec. 30-72. - Powers and duties.
(a) The powers and duties of the ethics commission shall be:
(1) Standards of ethical conduct. To recommend to the mayor and council, from time
to time, such rules of conduct for public employees and officials as it shall deem
appropriate.
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(2) Advisory opinions. To issue written advisory opinions, upon the request of any city
employee or official, as to the applicability of this chapter to any particular factual
situation.
(3) Referrals to solicitor. To refer to the city solicitor for investigation any alleged
violation of this chapter and, after notice and hearing, to recommend such
disciplinary action as it may deem appropriate to such appropriate official or agency
as the ethics commission shall determine, or to take such other disciplinary action as
authorized by section 30-73(o) or other provisions of the city Charter or this Code.
The ethics commission may dismiss, without reference to the city solicitor, any
complaint which the ethics commission determines is frivolous or fails to state a
violation.
(4) Report of crimes. To report to the appropriate federal, state or city authorities any
substantial evidence of a violation of any criminal law which may come to its
attention in connection with any proceeding, whether advisory or disciplinary.
(5) Records. To maintain a file of its proceedings, waiver decisions and advisory
opinions with a view toward achieving consistency of opinions and
recommendations subject to the confidentiality requirements of sections 30-74 and
30-73(s).
(6) Procedures. To follow the procedural rules specified in section 30-73 and to
establish such other procedural rules as shall be consistent with the rules prescribed
therein.
(7) Witnesses, evidence. To subpoena witnesses, compel their attendance and
testimony, administer oaths and affirmations, take evidence and require, by
subpoena, the production of books, papers, records or other evidence needed for the
performance of the ethics commission's duties or exercise of its powers.
(8) Assistance to city personnel. To provide assistance to any city employee, official
or agency in administering the provisions of this chapter.
(9) Provide information. To prepare any necessary reports and studies to advance the
purpose of this chapter, to provide any necessary materials explaining the duties of
individuals covered by this chapter, and to supply instructions and public information
materials to facilitate compliance with, and enforcement of, this chapter.
(10) Request city agencies for assistance. To request appropriate city agencies to
provide such professional assistance as it may require in the discharge of its duties.
Sec. 30-73. - Rules of procedure; complaints; hearings; dispositions.
(a) Any person, either personally or on behalf of an organization or governmental body,
may file a sworn complaint for the ethics commission with the city clerk. The complaint
must be in writing, be signed, and show the address of the person who submitted it. The
complaint must state that, to the best of the person's knowledge, information, and belief
formed after reasonable reflection, the information in the complaint is true. The complaint
must describe the facts that constitute the violation of the standards of ethical conduct in
sufficient detail so that the ethics commission and the person who is the subject of the
complaint can reasonably be expected to understand the nature of any offense that is being
alleged. The commission may request any additional information deemed necessary to
screen the complaint or to render a decision. No complaints shall be accepted or
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considered which relate to actions that took place more than one year prior to the date of
filing. The individual filing the sworn complaint has 60 days from the date that the issue
is brought to his or her attention to file a complaint.
(b) After the sworn complaint has been filed, none of the parties or their representatives
may communicate on an ex parte basis with any commission members pertaining to the
complaint. All communications pertaining to the complaint shall be submitted to the city
clerk.
(c) Within seven days of receiving a sworn complaint the city clerk shall send copies of the
complaint to each member of the ethics commission, the city solicitor, and the official or
officials against whom such complaint has been filed. Hereinafter, the complaining party
shall be referred to as the "complainant" and the official against whom a complaint has
been lodged shall be referred to as the "respondent."
(d) The commission recognizes that distribution to the public of a sworn complaint prior to
screening by the commission as required below could harm the reputation of an innocent
person and is contrary to the public interest; therefore, the public release of the complaint
is prohibited until the screening process has been completed. The commission shall
consult in confidence to screen the complaint within 14 days of receiving the complaint.
The commission may immediately dismiss a complaint if:
(1) It has no jurisdiction; or
(2) The alleged violation, if true, would not constitute a violation of the standards of
ethical conduct; or
(3) The alleged violation is a minor or de minimis violation; or
(4) The complaint is, on its face, frivolous, groundless, or brought for purposes of
harassment; or
(5) The matter has become moot because the person who is the subject of the complaint
is no longer an officer, official or employee; or
(6) The respondent had obtained an advisory opinion under section 30-74(c) permitting
the conduct; or
(7) The appointing authority of the respondent has already taken action as a result of
finding a violation and the commission believes the action was appropriate.
(e) In issues regarding standards of ethical conduct violations, the enforcement process is
intended to be corrective rather than remedial unless the violation is a repeated offense.
In the event the ethics commission determines a standards of ethical conduct violation
has occurred, and it is minor in nature, with the concurrence of the complainant and the
subject of the sworn complaint, the commission may dispense with the hearing process
and conduct a more informal mediation process in lieu of a hearing.
(f) If the sworn complaint is not dismissed or otherwise resolved pursuant to subsection 30-
73(d), the city clerk shall promptly contact the members of the ethics commission, the
city solicitor, the complainant, and the respondent in order to ascertain a date and time
when a hearing can be convened on such complaint. As soon as a date and time have been
agreed upon for a hearing before the ethics commission, the city clerk shall send written
notice of such scheduling and a copy of the rules of procedure to the complainant and to
the respondent. No copies of the complaint shall be provided to any other parties before
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the respondent receives the complaint. The city solicitor shall be the prosecuting attorney
in all disciplinary proceedings before the ethics commission. In any such investigation or
proceeding, a defendant shall be given an opportunity to be heard after notice, to be
advised and assisted by legal counsel, to produce witnesses and offer evidence, and to
cross examine witnesses. A transcript of any such proceeding shall be made and retained,
subject to the confidentiality requirements of this chapter.
(g) The commission may dismiss a complaint if the complainant does not appear at the
hearing and if, in the opinion of the commission, it would be unfair to the respondent not
to have the opportunity to examine the complainant.
(h) As promptly as possible after the close of the hearing, the commission shall deliberate
to determine if the allegations have been proven by clear and convincing evidence. Only
ethics commission members who have been present for the hearing may participate in the
deliberations, and any findings and recommendations must be adopted by a majority of
the commission. The commission may consider, when making findings and
recommendations, the severity of the offense, the presence or absence of any intention to
conceal, deceive, or mislead, whether the violation was deliberate, negligent or
inadvertent, and whether the incident was isolated or part of a pattern.
(i) Within seven days of the conclusion of deliberations, the commission shall issue an order
setting forth its findings and recommendations. In the alternative, the commission where
it deems it appropriate, may issue an advisory opinion in lieu of making findings and
recommendations.
(j) If the respondent is an employee, the commission may, if it determines corrective action
is necessary, notify the city manager or the council president and recommend that action
be taken, including discipline.
(k) If the respondent is a city official, the commission may propose actions to the city
council that are appropriate to the finding as specified in section 30-73(o).
(l) The commission shall send a written copy of its findings and recommendations to the
respondent and the complainant.
(m) Proceeding relating to member. A member of the ethics commission shall be ineligible
to participate, as a member of the ethics commission, in any ethics commission
proceeding relating to his conduct. A member of the ethics commission who has been
found by the ethics commission to have violated this chapter shall be ineligible to serve
again as a member of the ethics commission.
(n) Self-disqualification. A member of the ethics commission may disqualify himself from
participating in any investigation of the conduct of any person upon submission, in
writing and under oath, of an affidavit or disqualification stating that he cannot render an
impartial and unbiased decision in the case in which he seeks to disqualify himself.
(o) Actions by ethics commission. With respect to any violation with which a person has
been charged and which the ethics commission has determined as proved, the ethics
commission may take any one or more of the following actions:
(1) Reprimand. Issue a written reprimand or censure of that person's conduct.
(2) Discipline. With respect to a city employee, remove, suspend, demote or take other
appropriate disciplinary action with respect to that person, without regard to any
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limits imposed by this chapter, but within the limits of the constitution, the laws of
the state, the Charter of the city, and ordinances and existing collective bargaining
agreements.
(3) Recommend removal. With respect to an appointed official, recommend that
appropriate action be taken to remove the official from the appointed position.
(4) Recommend fine. With respect to an elected city official, recommend that such
official be fined in an amount recommended by the ethics commission.
(p) Rights of person charged. In any proceeding before the ethics commission, upon the
request of any person charged with a violation of this chapter, such person shall be
permitted to inspect, copy or photograph books, papers, documents, photographs or other
tangible objects which will be used as evidence against that person in a disciplinary
hearing and which are material to the preparation of his defense.
(q) Exculpatory information. In any proceeding before the ethics commission, if the city
solicitor or ethics commission at any time receives any exculpatory information
concerning an alleged violation against any person, it shall forthwith make such
information available to such person.
(r) Subpoenas. Any person charged with a violation of this chapter may apply to the ethics
commission for the issuance of subpoenas for the appearance of witnesses and for the
production of documents on his behalf. The application shall be granted upon a concise
showing by such person that the proposed testimony or evidence is relevant (or is
reasonably calculated to lead to the discovery of relevant evidence) and is not otherwise
available. The application shall be denied if not made at a reasonable time or if the
testimony or evidence would be merely cumulative.
(s) Confidentiality of proceedings.
(1) City employee. All proceedings before the ethics commission relating to a violation
of this chapter by a city employee shall be maintained confidential by the ethics
commission, unless:
a. Public disclosure is requested, in writing, by the person charged; or
b. The ethics commission determines after a hearing that a violation has occurred.
(2) City official. All proceedings before the ethics commission relating to a violation
of this chapter by a city official, appointed or elected, shall be maintained
confidential by the ethics commission, unless:
a. Public disclosure is requested, in writing, by the person charged; or
b. The ethics commission determines after a hearing that a violation has occurred.
(t) Appeals; public inspection. Notwithstanding the confidentiality requirements of
subsections (s)(1) and (2) of this section, the ethics commission shall make available for
public inspection the record of all proceedings relating to any decision of the ethics
commission which is appealed to the superior court and the ethics commission shall report
to appropriate federal, state and/or city authorities any substantial evidence of a violation
of any criminal law which comes to its attention in connection with any proceeding under
this chapter.
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(u) Confidentiality procedures. The chairperson of the ethics commission shall, with the
approval of the ethics commission, establish such procedures as, in the chairperson's
judgment, may be necessary to prevent the disclosure of any record of any proceedings
or other information received by the ethics commission, except as permitted by this
chapter.
Sec. 30-74. - Waivers of restrictions and advisory opinions.
(a) Authority of ethics commission. Notwithstanding the provisions of section 30-20, upon
the written request of any city agency or of any individual who is or was a city employee
or city official, the ethics commission may grant a waiver to the specific prohibitions
contained therein if the ethics commission determines that the literal application of such
prohibition in a particular case is not necessary to achieve the public purposes of this
chapter or would result in an undue hardship on any employee or official. Any such
waiver may be granted only by written decision of the ethics commission. Any person
who acts in good faith reliance upon any such waiver decision shall not be subject to
discipline or other sanction hereunder with respect to the matters covered by the waiver
decision, provided there was a full disclosure to the ethics commission of all material
facts necessary for the waiver decision.
(b) Waiver information confidential; exceptions. Any application for a waiver, any
proceeding and any decision with respect thereto shall be maintained confidential by the
ethics commission, provided that:
(1) Applicant's request. Public disclosure shall be made by the ethics commission upon
the written request of the applicant;
(2) Violations. The ethics commission may make such public disclosure as it
determines is required in connection with the prosecution of any violation of this
chapter;
(3) Evidence of crime. The ethics commission shall report to appropriate federal, state
and/or city authorities substantial evidence of any criminal violation which may
come to its attention; and
(4) Public record. In the event that a waiver is granted, the waiver decision and the
record of all proceedings relating thereto shall be open to public inspection.
(c) Advisory opinion authorized. Upon the written request of any city employee or official,
the ethics commission may issue an advisory opinion as to the applicability of this chapter
to any particular fact or situation. Any person who acts in good faith reliance upon any
such advisory opinion shall not be subject to discipline or other sanction hereunder with
respect to the matters covered by the advisory opinion, provided there was a full
disclosure to the ethics commission of all material facts necessary for the advisory
opinion.
(d) Advisory opinion confidential; exceptions. Any application for an advisory opinion, any
proceeding and any decision with respect thereto shall be maintained confidential by the
ethics commission, provided that:
(1) Applicant's request. Public disclosure shall be made by the ethics commission upon
the written request of the applicant;
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(2) Violations. The ethics commission may make such public disclosure as it
determines is required in connection with the prosecution of any violation of this
article; and
(3) Evidence of crime. The ethics commission shall report to appropriate federal, state
and/or city authorities substantial evidence of any criminal violation which may
come to its attention.
Sec. 30-75. - Judicial review.
In the event that the ethics commission finds that any person has violated any provision of this
chapter, said person shall have a right of appeal to the superior court of any such finding, and of
any sanctions imposed with respect thereto, by filing a notice of appeal with the superior court
within 30 days of the final action by the ethics commission in a particular case. The appeal shall
be on the record without a trial de novo. If the court determines that the record is insufficient for
its review, it shall remand the case to the ethics commission for further proceedings on the record.
The court's review, in the absence of actual fraud, shall be limited to a determination of whether
the ethics commission's decision was supported by substantial evidence on the record. The burden
of proof in any such appeal shall be on the appellant.
(Ord. No. 2017-14 , 12-11-2017)
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APPENDIX B
INVITATION TO BID AND REQUEST FOR PROPOSAL PROCEDURES
Departments will use the chart below to determine the appropriate solicitation method. Advance
coordination with the Purchaser is required.
Competitive Sealed Bids VS Competitive Sealed Proposals
Activity Description Competitive Sealed Bids Competitive Sealed Proposals
Specifications Specific as to End results oriented by Scope of Work.
performance/design Proposer must develop and provide solution.
Opening Public – all data available to Public – only names of proposers are read;
other bidders and the public no pricing or other data made available
Evaluation Based strictly on Technical Based on quality with multi-member Criteria
Specifications – NO material Evaluation Committee assigning weighted
changes allowed values to various parts of each proposal
Discussion None Individual discussions with each proposer to
determine understanding of proposal
requirements
Changes None Each proposer can re-submit a Best and Final
Offer that might change the solution and the
price
Award Lowest Responsive and Best Value Proposal – not necessarily the
Responsible Bidder lowest price
I. COMPETITIVE SEALED BIDS
A. Preparing Specifications
• The department requesting the purchases through Procurement/Inventory will
prepare the complete specifications, with the assistance of the Purchaser (if
requested) and submit them to Procurement/Inventory.
• All specifications shall be written in such a manner as to describe the
requirements to be met, without having the effect of exclusively requiring a
proprietary supply, service, or construction item, or procurement from a sole
source, unless no other manner of description will suffice.
• Where a brand name or equal specification is used in a solicitation, the
solicitation shall contain explanatory language that the use of a brand name is
for describing the standard of quality, performance, and characteristics desired
and is not intended to limit or restrict competition.
• It is the general policy of the City to procure standard commercial products
whenever practicable. In developing specifications, accepted commercial
standards shall be used and unique requirements shall be avoided, to the extent
practicable.
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B. If only one responsive bid is received in response to an invitation to bid or request
for proposal, an award may be made to the single bidder if the Department Director
having operational authority over the funds to be expended determines that the price
submitted is fair and reasonable, and that either other prospective bidders had
reasonable opportunity to respond, or there is not adequate time for re-solicitation.
Otherwise the bid/proposal may be rejected and new bids or offers may be solicited
or the proposed procurement may be cancelled.
C. Bids are to be delivered to Procurement/Inventory, 710 William Street, Dover,
Delaware 19904. They will be opened in the presence of the Purchaser or her/his
designee. All bids shall become public record and shall be available for public
inspection after it has been determined that there is no proprietary information
within the bids. Copies of bids will not be provided to competing vendors. All
purchasing related records must be kept for the period described in the State Bureau
of Archives Retention Schedule by Procurement/Inventory. Copies of all
evaluation forms and signed contracts/award letters must be forwarded to
Procurement/Inventory for retention.
D. For materials, supplies, equipment, and construction work, the department
requesting the solicitation will supply Procurement/Inventory with clear bid
specifications. Such specifications should rigorously meet the need of the City of
Dover, but not be so all inclusive as to effectively eliminate all but one vendor.
E. The City reserves the right to pre-qualify bidders. This pre-qualification does not
prohibit the City from determining, in its sole opinion, the most suitable bid for the
product or projects.
F. For purchases $25,000 $50,000 and greater, vendor references may be checked. This
will be done to verify the bidder's ability to perform the contract requirements, the
quality of work and the ability to meet obligations in case of non-fulfillment of the
contract.
G. The bid notice prepared by Procurement/Inventory shall provide the specifications or
details of how vendors can obtain specifications. The bid notice shall also specify the
closing date, time and place for receiving the bids, opening of the bids, where potential
bidders may obtain contract documents, and the fee for each contract. A fee in an
amount capable of recovering the cost of preparation of the specifications may be
charged when specifications are picked up by the vendor.
H. A bid bond or certified check in the amount equivalent to ten percent (10%) of the bid
amount should be required with each bid for construction work, materials, supplies,
or equipment over $25,000 $50,000. The requirement for a bid bond may be waived
by the Procurement/Inventory Manager and Department Head when the bid is for
items being purchased for stock. A bid bond may be required by the requesting
department regardless of the dollar value of the bid. Acceptable bid security shall be
limited to a bid bond in a form satisfactory to the City underwritten by a company
licensed to issue bid bonds in this state or a bank certified check. If a bid does not
comply with security requirements, it shall be rejected as being non-responsive. The
required bid bond shall be in substantially the format as identified in APPENDIX C.
The check or bid bond of the bidder to whom the contract is awarded will be forfeited
to the City of Dover as liquidated damages in case the contract and performance bond
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are not executed within fifteen days after receiving official notification of award.
I. A performance bond shall be required from the successful bidder for a construction
contract. Such a bond shall be for the full amount of the contract. If the contractor
fails to provide such a bond or a binder within fifteen days of the award of the contract,
the award of the contract or the contract shall be void. The required performance bond
shall be in substantially the format as identified in APPENDIX D.
Other insurance or bonds as required by State and/or Federal laws shall be furnished
by the contractor. The amounts and the types of the bonds and insurance required
shall be disclosed in the bid specifications. The bond shall be released by the City of
Dover upon successful completion of the contract and upon a detailed inspection of
the contracted work.
J. The City of Dover shall have the right to reject any or all bids if deemed to be in the
best interest of the City.
K. All bids submitted to the City of Dover shall be such as to comply with the applicable
local, state and federal requirements.
II. COMPETITIVE SEALED PROPOSALS
Evaluation of proposals must adhere to the following guidelines:
a. Determine what proposals are acceptable and unacceptable
b. A determination that a proposal is unacceptable shall be in writing, state the basis for
the determination and be retained in the procurement file
c. The offeror shall not be afforded an opportunity to modify its offer
Negotiation with individual offerors
a. The department can negotiate with individual offerors after their proposals are opened.
b. Formalized procedures should be established and consistently applied to each offer
c. Disclosure of one offerors price to another is prohibited
d. The department must send a written request for best and final offers setting forth the
date, time, and place for submission of best and final offers
e. The department must inform the offerors that if they do not submit a notice of
withdrawal or a best and final offer, their immediate previous offer will be construed
as their best and final
Final Award
a. The contract shall be awarded within 90 days of the closing date
b. The department shall award a contract to the offeror whose proposal is determined in
writing to be most advantageous to the City
c. The determination shall explain the basis of the award
d. Procurement/Inventory shall notify each unsuccessful offeror in writing of the award
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APPENDIX C
SAMPLE BID BOND
Bond No. _________________
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, hereinafter called the Principal and [Bonding Company] (hereinafter called the "Surety"), a corporation
duly authorized to transact business in and having its principal office at
_______________________, are held and firmly bound unto the City of Dover, for the sum of
_____________Dollars ($ ), for payment of which sum well and truly to be made, the said
Principal and said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for [Identify project by number and brief description].
NOW, THEREFORE, if the City of Dover shall accept the bid of the Principal and the Principal shall enter into a
Contract with the City of Dover in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such
Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the
failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the City of
Dover the difference not to exceed the penalty hereof between the amount specified in said bid and such larger
amount for which the City of Dover may in good faith contract with another party to perform work covered by said
bid or an appropriate liquidated amount as specified in the Invitation for Bids then this obligation shall be null and
void, otherwise to remain in full force and effect
Signed and sealed this _________ day of ____________________, 20 _______.
Witness of Attest: (Witness)
By: (Principal)
By: (Surety)
IMPORTANT: Surety Companies executing BONDS must appear on the Treasury Department's most current list
(Circular 570 as amended) and be authorized to transact business in the state where the project is located.
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APPENDIX D
SAMPLE PERFORMANCE BOND
Bond No. _________________
KNOW ALL MEN BY THESE PRESENTS, that [Here insert the full name and address or legal title of
the contractor] as Principal, hereinafter called Contractor, and [Bonding Company] (hereinafter called the
"Surety"), a corporation duly authorized to transact business in and having its
principal office at _______________________, are held and firmly bound unto the City of Dover, as
Obligee, in the amount of [Here insert a sum equal to the total amount of the contract price] Dollars ($ ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated ___________________, 20 _____, entered into a
contract with the City of Dover for [Describe project and insert project number] in accordance with
drawings and specifications prepared by [Here insert full name and address or legal title of Architect]
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Contractor shall
promptly and faithfully perform said Contract then this obligation shall be null and void; otherwise it
shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of
time made by the City of Dover and its obligation is not affected by any such alteration or extension
provided the same is within the scope of the contract. Whenever the Contractor shall be, and is declared
by the City of Dover to be in default under the Contract, the City of Dover having performed the City of
Dover’s obligations thereunder, the Surety may promptly remedy the default or shall promptly:
1) Complete the Contract in accordance with its terms and conditions; or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and
upon determination by the City of Dover and the Surety jointly of the lowest responsive,
responsible bidder, arrange for a contract between such bidder and the City of Dover, and make
available as work progresses sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages for which the Surety may be
liable hereunder the amount set forth in the first paragraph hereof. The term “balance of the
contract price,” as used in this paragraph, shall mean the total amount payable by the City of
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Dover to the Contractor under the Contract and any amendments thereto, less the amount
properly paid by the City of Dover to the Contractor. No right of action shall accrue on this bond
to or for the use of any person or corporation other than the City of Dover or successors of the
City of Dover.
Signed and sealed this _________ day of ____________________, 20 _______.
Witness of Attest: (Witness)
By: (Principal)
By: __ (Surety)
IMPORTANT: Surety Companies executing BONDS must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the project
is located.
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APPENDIX E
GLOSSARY
“Addendum/Addenda” A written change, addition, alteration, correction, or revision to a bid,
proposal, or contract document. Commonly, the name given to the document used to revise a
solicitation. Addendum/addenda may be issued following a pre-bid/pre-proposal conference or
as a result of a specification or work scope change to the project.
“Award” The acceptance of a bid or proposal; the presentation of a purchase agreement or
contract to a bidder or proposer.
“Best and Final Offer” A process requested from one proposer or short-listed proposers for
their best price(s) for a specific solicitation prior to determining of contract award.
“Best Value” 1) A procurement method that emphasizes value over price. The best value might
not be the lowest cost. Generally achieved through the Request for Proposals (RFP) method. 2)
An assessment of the return that can be achieved based on the total life cycle cost of the item;
may include an analysis of the functionality of the item; can use cost-benefit analysis to define
the best combinations of quality, services, time, and cost considerations over the useful life of the
acquired item.
“Bid” The response submitted by a bidder to an Invitation to Bid (ITB).
“Bid Bond” An insurance agreement, accompanied by a monetary commitment, by which a
third party (the surety) accepts liability and guarantees that the bidder will not withdraw the bid.
The bidder will furnish bonds in the required amount and if the contract is awarded to the bonded
bidder, the bidder will accept the contract as bid, or else the surety will pay a specific amount.
“Bid Protest” A written objection made against the selection methods employed or decisions
made by a public agency leading to the award of a contract or purchase.
“Brand Name or Equivalent” One or more manufacturers’ brand names, with identifying
model numbers, used in a specification to invoke certain quality, performance, and other salient
characteristics needed to meet the solicitation requirements.
“Brand Name Specification” A specification using one or more manufacturers’ brand names,
with identifying model numbers, to describe the acceptable items; all other items will be
excluded.
“Buyer” A purchaser or procurer of products and services. This title may also refer to an
individual who is responsible for the procurement activities of an entity, also commonly referred
to as a purchasing or procurement agent.
“Capital Asset” An asset with a life cycle of more than one year with a value of more than a
certain prescribed limit set by accounting standards or by governmental policy. For the City, this
amount is $4,999.
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“Certain Professional Services” means those services within the scope of the practice of
architecture, professional engineering, professional land surveying, landscape architecture and
geology.
“Change Order” A written alteration that is issued to modify or amend a contract or purchase
order. A bilateral (agreed to by all parties) or unilateral (government orders a contract change
without the consent of the contractor) request that directs the contractor to make changes to the
contracted scope of work or specifications. In reference to construction contracts, it relates
primarily to changes caused by unanticipated conditions encountered during construction not
covered by the drawings, plans, or specifications of the project.
“Clarification” A communication with a proposer for the sole purpose of eliminating minor
irregularities or apparent clerical mistakes in a proposal; may be initiated by either proposer or
purchaser; does not give the proposer an opportunity to revise or modify its proposal, except to
the extent the correction of apparent clerical mistakes results in revision.
“Combination Specification” Has the features of both design specifications and performance
specifications.
“Commodity” A marketable item produced to fulfill a need or want, and references both goods
and services.
“Commodity Code” A system of words or numbers designed to identify and list commodities or
services by classes or sub-classes. For the City, the commodity code is the first three numbers of
stock code and the sub-commodity is the second three numbers of the stock code. A list can be
printed from HTE.
“Competitive Sealed Bidding” Method of acquiring goods, services, and construction for
public use in which the award is made to the lowest responsive and responsible bidder, based
solely on the response to the criteria set forth in the Invitation to Bid (ITB); does not include
discussions or negotiations with bidders.
“Contract” 1) A legally binding promise, enforceable by law. 2) An agreement between parties,
with binding legal and moral force, usually exchanging goods or services for money or other
consideration. 3) An obligation, such as an accepted offer, between competent parties upon a
legal consideration, to do or abstain from doing some act. The essential elements of a contract
are an offer and an acceptance of that offer; the capacity of the parties to contract; consideration
to support the contract; a mutual identity of consent; legality of purpose; and definiteness.
“Contract Modification” Any written alteration in specifications, delivery point, frequency of
delivery, period of performance, price, quantity, or other provision of any contract, accomplished
by mutual agreement of parties to the contract.
“Depreciation” 1) An accounting term that denotes a loss or decrease in the acquired value over
a specified period of time. Usually applies to a loss of value of a fixed asset (capital equipment).
2) The systematic transfer of the cost of a capital expenditure (an asset on the balance sheet) to
expense (on the income statement). 3) To diminish in price or value. 4) The consumption of
capital in the production process. 5) The wearing out of plant and equipment over a specified
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time.
“Designee” A duly authorized representative.
“Design Specification” A type of specification that establishes the characteristics an item must
possess, including details indicating how it is to be manufactured. May include engineering plans
or drawings, and blueprints. It states to the contractor in prescriptive terms what the contractor
must provide to the buyer.
“Economic Order Quantity (EOQ)” An inventory calculation used to determine stock-level
reorder point. The calculation is based on costs of acquisition, storage, handling, and inventory
investment to determine the most cost-effective time and quantity to reorder.
“Emergency Purchase” A purchase made due to an unexpected and urgent request where health
and safety or the conservation of public resources is at risk. Usually formal competitive bidding
procedures are waived.
“F.O.B. Destination” Title changes hands from the supplier to the public entity at the
destination of the shipment when the public entity signs for the goods; the supplier owns the
goods in transit, assumes responsibility for carrier selection, and files any claims for damages
incurred during this period. It does not address the responsibility for the cost of transportation
(freight charges), which must be specified with the inclusion of additional language.
“Functional Specification” A specification setting forth the results required from the supply or
service.
“Indemnify” 1: To protect against hurt or loss, to exempt from incurred penalties or liabilities.
2: To compensate or pay for damage.
“Informal Bid/Proposal” A competitive bid, price quotation, or proposal for supplies or
services that is conveyed by a letter, fax, e-mail, or other manner that does not require a formal
sealed bid or proposal, public opening, or other formalities. Generally relegated to requirements
that may be considered low value or fall under a stipulated price/cost threshold.
“Invitation to Bid” A formal request to prospective vendors soliciting price quotations or bids;
contains, or incorporates by reference, the specifications or scope of work and all contractual
terms and conditions.
“May” Denotes the permissive in a contract clause or specification.
“Non-responsible” A contractor, business entity, or individual that responds to a solicitation that
does not have the ability or capability to fully perform the requirements of the solicitation. A
business entity or individual who does not possess the integrity and reliability to assure
contractual performance.
“Non-responsive” A bid that does not conform to the mandatory or essential requirements
contained in the invitation to bid.
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“Open Market Purchase” A purchase, usually of a limited monetary amount, from any
available source.
“Performance Bond” An instrument executed, subsequent to award, by a successful bidder that
protects the public entity from loss due to the bidder’s inability to complete the contract as
agreed. A risk mechanism that secures the fulfillment of all contract requirements. May be
referred to as a completion bond.
“Performance Specification” A type of specification that describes the desired outcome or
intended use of a commodity and how the commodity will perform (e.g., number of items,
distance to travel, time required).
“Pre-Bid/Pre-Proposal Conference (Meeting)” A meeting held by the buyer with potential
bidders/proposers prior to the opening of the solicitation for the purpose of answering questions,
clarifying any ambiguities, and responding to general issues to establish a common basis for
understanding all of the requirements of the solicitation. May result in the issuance of an
addendum to all potential providers. In certain situations, a mandatory conference may be
advisable.
“Prequalification (of Bidder/Proposer)” The screening of potential suppliers/contractors in
which such factors as financial capability, reputation, and management are considered to develop
a list of qualified businesses who may then be allowed to submit bids/proposals.
“Procurement” Purchasing, renting, leasing, or otherwise acquiring any supplies, services, or
construction; includes all functions that pertain to the acquisition, including description of
requirements, selection and solicitation of sources, preparation and award of contract, and all
phases of contract administration. The combined functions of purchasing, inventory control,
traffic and transportation, receiving, inspection, storekeeping, and salvage and disposal
operations.
“Professional Services” Services rendered by members of a recognized profession or possessing
a special skill. Such services are generally acquired to obtain information, advice, training, or
direct assistance (i.e. architectural & engineering services).
“Public Works and Utilities Contract” means any contract for the construction, reconstruction,
alteration or repair of any public building, road, street, highway, utility system or other public
improvement, the cost of which will be paid with public funds.
“Reasonable Cost” A cost that by its nature or amount does not exceed what would normally be
incurred by an ordinarily prudent person in the conduct of competitive business. Often used in
the context of “fair and reasonable” cost/price.
“Request for Proposal (RFP)” The document used to solicit proposals from potential providers
(proposers) for goods and services. Price is usually not a primary evaluation factor. Provides for
the negotiation of all terms, including price, prior to contract award. May include a provision for
the negotiation of best and final offers. May be a single-step or multi-step process.
“Request for Quotation (RFQ)” The document used to solicit proposals from potential
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providers (proposers) for goods and services. Price is usually not a primary evaluation factor.
Provides for the negotiation of all terms, including price, prior to contract award. May include a
provision for the negotiation of best and final offers. May be a single-step or multi-step process.
“Responsible Bidder/Proposer” A business entity or individual who has the integrity and
reliability as well as the financial and technical capacity to perform the requirements of the
solicitation and subsequent contract.
“Responsive Bid/Proposal” A bid or proposal that fully conforms in all material respects to the
Invitation to Bid (ITB)/Request for Proposals (RFP) and all of its requirements, including all
form and substance.
“Restrictive Specification” Specifications that unnecessarily exclude a potential bidder or
proposer from competing for a procurement. Precludes full and open competition. Specifications
that are written around a specific product or service.
“Shall” Denotes an imperative in contract clauses or specifications.
“Small Purchase” Any procurement not exceeding a given upper monetary limit, as established
by law or regulation, executive order, etc. Usually applies to purchases of small dollar amounts
under a certain monetary threshold.
“Single Source Procurement” A contract for the purchase of goods and services entered after
soliciting and negotiating only with one source, usually because of the technology required or
uniqueness of the service provided.
“Sole Source Procurement” A non-competitive method of procurement used when only one
supplier possesses the unique ability or capability to meet the particular requirements of the
entity or because only one supplier is practicably available. The entity may require a written
justification from the end user explaining why only this supplier can fulfill the requirement.
“Specification” A precise description of the physical characteristics, quality, or desired
outcomes of a commodity to be procured, which a supplier must be able to produce or deliver to
be considered for award of a contract. See Brand Name Specification, Brand Name or Equal
Specification, Combination Specification, Design Specification, Performance Specification,
Restrictive Specification, Standard Specification.
“Standard Specification” A specification that is to be used for all or most purchases of an item;
describes all required physical and functional characteristics of a good, service or construction.
“Statement of Work” A written description in the contract detailing performance expectations
and deliverables between the contracting parties. After a supplier has been selected, the
statement of work becomes the basis for the contract and must provide sufficient information to
meet the entity’s needs and achieve successful outcomes, describe and define the expectations of
the parties, set price and payment schedules, and mitigate or avoid disputes.
“Term Contract” A type of contract in which a source of supply is established for a specified
period for specified services or supplies; Usually characterized by an estimated or definite
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minimum quantity, with the possibility of additional requirements beyond the minimum, all at a
predetermined unit price.
Source of Definitions: Dictionary of Purchasing Terms published by the National Institute of
Governmental Purchasing.
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APPENDIX F
CITY OF DOVER QUOTATION WORKSHEET
(To be used for purchases between $5,000.00 and $24,999.99 $10,000 and $49,999.99)
Department: ___________________________ Division: _________________________
Department Contact (Name & number): _______________________________________
Item/Service: ____________________________________________________________
Estimated Dollar Value: ___________________________________________________
Account Code: _________________________________ Project Code: ______________
Vendors (At least three vendors must be used. Include at least one minority or women owned
vendor, if available. Use of more than one minority or women owned vendor is encouraged):
1. Go to https://business.delaware.gov/osd/ .
2. Click on “Directory of Certified Businesses” button.
3. Search by keyword i.e. Electrician, Construction, Furniture
List keyword(s) used: _________________________________________________
4. Each company displayed will have its assigned NAICS code listed.
List NAICS Code(s) used: _____________________________________________
5. Refine search by NAICS Code if necessary.
6. Were Vendors Found: YES NO If so, how many: ____________________
7. If no vendors were found, please explain: _________________________________
___________________________________________________________________
Vendor 1: _______________________________________________________Minority
Vendor 2: _______________________________________________________Minority
Vendor 3: _______________________________________________________Minority
If more than three vendors are used, list them on the reverse of this form.
Date sent out for quotes: __________________________
Date due back: _________________________
Date of award: _____________________
Vendor receiving the award: ________________________________________________
Was the 3% minority vendor preference applied in the evaluation? YES NO
Was this a minority vendor? YES NO
Date and initials of employee who verified vendor was not on the debarment list on the
www.sam.gov website: Date:_________________ Initials:______
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Total dollar amount of purchase or estimated total contract value: $_________________
Purchase Order produced: YES NO PO Number: ________________________
Additional vendors used for this purchase
Vendor 4: _______________________________________________________Minority
Vendor 5: _______________________________________________________Minority
Vendor 6: _______________________________________________________Minority
Vendor 7: _______________________________________________________Minority
Vendor 8: _______________________________________________________Minority
Vendor 9: _______________________________________________________Minority
Vendor 10: ______________________________________________________Minority
Attach completed form to requisition in Tyler/Munis.
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Item 7.
CITY OF DOVER
TRAINING, CONFERENCE & TRAVEL POLICY
A. INTRODUCTION
1. Purpose
The purpose of this policy is to provide guidelines under which City of Dover employees, public
officials, and appointees will be reimbursed for authorized travel expenses incurred in the conduct
of business for the City of Dover, hereinafter referred to as “City.” In addition to the guidelines,
specific procedures regarding incurring and reporting related expenses are provided.
2. Scope
This policy shall apply to employees of the City of Dover, elected officials, boards, commissions
and others, who are engaged in authorized travel and who expend City funds for travel purposes.
The Mayor and Members of City Council are not required to submit a Travel Request & Itinerary
or Travel Expense Report Form but are required to follow the financial and budget requirements
of this policy.
While this policy does not cover every possible situation, it establishes adequate guidelines for
employees and officials to make appropriate and consistent judgments regarding the expenditure
of City funds for reimbursable expenses. The City of Dover will provide flexibility to meet the
special needs and requirements of their employees during travel.
It remains the responsibility of city management to control and approve travel-related
expenditures. The City Manager and Controller/Treasurer may impose more stringent rules when
deemed appropriate or necessary.
The City Manager and Controller/Treasurer will review every three years the implementation of
this Policy and will provide policy interpretations and assistance to ensure effective and efficient
implementation. Any exceptions will be subject to approval by the City Manager and
Controller/Treasurer. The City Manager and Controller/Treasurer may also, on a case-by case
basis, approve reimbursements exceeding the guideline amounts referenced in this policy. In any
such instance, a detailed explanation and substantiation (a receipt) is required. Enforcement of
this policy will be the responsibility of the Controller/Treasurer.
3. Responsibility
a. Employee, Public Official, or Appointee
· Traveler should be made aware of and comply with all provisions of this policy.
· Obtain the necessary approvals in advance for overnight travel and out-of-state
use of City vehicles. Provide a copy of the approval with the travel prepayment
made by direct voucher.
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Training, Conference & Travel Policy Page 2 of 16
· All expenses incurred in the course of City business are to be in accordance with
the City’s Administrative Policies and Rules of Ethics and must be paid solely
from appropriated funds.
· Comply with the ten (10) working-day rule.
b. Department Director/City Manager/Council Designee
· Ensure compliance with this policy.
· Review and approve each of their employee’s/official’s travel approval requests
and reimbursable expenses.
· Ensure sufficient funds are available for all anticipated expenses.
c. Signatures on the Travel Expense Report (City of Dover Form 030 Exhibit B) certify that
the expenses were incurred by the employee/official requesting reimbursement for
official City business, are reimbursable in accordance with this policy, and have not been
reimbursed except as indicated on this form.
Required signatures for expenses are:
· Employee
· Department Director or Council Designee
B. TRAINING AND CONFERENCE REGISTRATION FEES
1. Request for payment of registration fees shall be accompanied by the registration form.
2. City Council, Planning Commission and the Mayor are offered opportunities to attend courses
designed for governmental officials. Any member of Council wanting to take advantage of
these courses offered by the following organizations will submit to the City Clerk’s office
their request for registration.
- Delaware League of Local Governments
- National League of Cities
- US Conference of Mayors
- International City Managers Association
- Government Finance Officers Association (GFOA)
- American Public Power Association (APPA)
- American Public Works Association (APWA)
- American Planning Association
- Organizations that provide Continuing Education credits for professional license
renewals of applicable staff.
Any courses not offered by these organizations will be submitted to the City Manager and
Controller/Treasurer for concurrence.
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C. TRAVEL AUTHORIZATION
All out-of-state travel that extends beyond one day shall be approved by the Department Head
/Director City Manager. All requests shall be made on the "Travel Request and Itinerary Estimate
Form” (City of Dover - Form 047 Exhibit A). A copy of the conference or meeting program must
be attached to the form. The form should must be submitted to the Department Head / Director
City Manager at least 30 days prior to travel unless an explanation is given and approved.
The Department Head, Director or City Manager may impose specific requirements as to the time
the form must be submitted prior to travel. Employees and Officials traveling on official City
business should be aware that the approval is for travel only, and is not a blanket approval of the
expenses incurred.
A travel packet including the Travel Request and Itinerary Estimate form, the meeting
program/itinerary, and the purchase order(s) if over $5,000, for advanced costs must be submitted
to the Accounts Payable Department for audit prior to being keyed by department for
reimbursement. Once the travel audit has been completed, Accounts Payable will scan and email
the authorized packet to the department responsible for processing the travel costs. The department
admin will then process the reimbursement request for payment. The Purchase Orders for the
advanced costs should include the necessary supporting documentation. It does not require the
submission of duplicate information.
Please note: Purchase Orders (if required based on Purchasing Policy) for registration costs must
include the Registration form. Submission for hotel and airfare costs must include documentation
of the individual costs. Cancellation and changes to travel should be done in a timely manner to
avoid loss of City money. If travel cannot be refunded back to City, an explanation is required.
D. TRANSPORTATION: COMMON CARRIER
1. General
All trips requiring the use of common carrier (airline, rail or bus) must be pre-approved by the
appropriate approval authority.
The mode of travel must be justified on the basis of the most economical use of time of the
personnel involved, the cost of optional travel modes, and the requirements of the trip.
All common carrier reservations must be consistent with reasonable business travel planning,
common carrier will be booked at the lowest available fare. If the lowest available fare is turned
down by the traveler, the traveler's explanation for the denial is to be provided with the travel
authorization request.
Travelers should be advised to make travel reservations as far in advance as possible to attain the
lowest fares, including non-refundable tickets. Travelers may not specify particular airlines or
other carriers to accumulate mileage on promotional plans such as frequent flyer programs.
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Training, Conference & Travel Policy Page 4 of 16
To take advantage of special discount rates (supersaver fares, etc.), reimbursement to an employee
may be made prior to a trip being taken under the following conditions:
a. Documentation of the substantial savings that will accrue to the City (e.g.,
supersaver discounts).
b. Employee's proof of payment on a statement from the airline, other than credit card
receipts.
Most airlines will not give refunds or partial refunds for supersaver airfares.
It is encouraged to examine the advantage of fares requiring early trip departure or delayed return.
However, it is important to consider the additional cost of meals and lodging for the required extra
day(s) stay when comparing cost.
2. Air Travel
a. Accommodations - When commercial airlines are used as a mode of travel,
accommodations shall be coach/economy class unless some other class
accommodations are more economical. Costs of baggage should be considered along
with accommodations to achieve the lowest total cost for travel.
b. Routing of Travel - All travel will be by the most economical and direct routes.
In the event that a person travels by an indirect route for personal convenience, the
extra expense shall be the responsibility of the individual. Reimbursement for
expenses shall be based only on the cost of the most economical and direct route.
c. Conference Airfare Arrangements
When attending a conference, always check conference materials to see if special
airline discounts are offered. When a special airline discount rate is offered and
conferees are instructed to go directly to an airline to obtain the discount fare, the
employee should compare the conference rates through the internet with all other
airline rates available before scheduling airline reservations. The employee should
always book the lowest fare possible. (See Section F.3. for Conference Lodging
Arrangements).
*City will not pay for, nor reimburse priority boarding, preferred seating, or
overweight baggage for personal preference. Detailed explanation and receipt is
required. *
3. Rail Travel
a. Accommodations – When it has been determined that rail travel is the most appropriate
mode of transportation, the most economical class accommodations shall be utilized.
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E. TRANSPORTATION: PASSENGER VEHICLES
1. City-Owned Vehicles
City-owned vehicles should be utilized for both in-state and out-of-state travel when such use is
the most practical and economical mode of transportation, including the cost of tolls, fuel and
parking.
2. Use of Privately-Owned Vehicles
a. The use of privately owned vehicles for any City travel (both in state and out-of-state)
should only be used when a City Vehicle is not available. The use of a privately owned
vehicle for City travel shall require the prior approval of the City Manager or and
Department Head/ Director. Reimbursement of private vehicle expenses shall be at
the Council approved rate as indicated on Exhibit B for actual and necessary miles
traveled. Beginning and ending odometer readings are required for the reimbursement
for mileage or a printout from MapQuest, Google Maps or other reputable internet
mapping application showing the quickest or shortest route.
b. In considering approval for use of personal vehicles, the approval authority shall take
into consideration the cost of alternative modes of travel and the cost of meals and
lodging for the additional travel/transit days. Mileage reimbursements shall not
exceed the cost of airfare plus travel to/from the airport.
c. When two or more employees travel in a privately owned vehicle, only one mileage
reimbursement will be allowed at times when one vehicle is sufficient to carry all
passengers.
3. Rental Cars
a. General
The use of a rental car when traveling out of state must be justified as an economical
need and not as a matter of personal convenience. Prior approval by the Department
Head / Director or and City Manager is required before arranging for car rental. All
rentals should be at the most economical rate per day including government rates or
special rate agreements. When traveling in groups, sharing of cars, when practical,
must be done to minimize costs. The city will not pay for the use of a rental car to
accommodate family members or non-business associates traveling with the
employee, public official, or appointee.
b. Vehicle Size
Whenever possible, compact cars shall be rented or reserved. However, if a larger
size vehicle is more economical or more than two city travelers are traveling together
the larger vehicle may be appropriate. Any representative of the City requesting an
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Training, Conference & Travel Policy Page 6 of 16
upgrade of the size of a rented vehicle shall provide a written explanation of their
reasons to the City Manager or Department Head / Director. A receipt is always
required.
c. Insurance
(1) The optional insurance coverage offered by the car rental agency must be
declined when the traveler charges the rental car. The traveler will
automatically receive primary coverage under the City blanket insurance
policy for travel. When insurance is declined, the policy covers collision
damage, theft, fire and vandalism. Reimbursements for additional or
optional insurance coverage will not be allowed.
(2) Other. Travelers not covered under the blanket insurance policy may be
covered by their personal automobile insurance policy or other personal
credit cards. Travelers should check their automobile policy and credit card
policy for business travel coverage and accept or decline additional
coverage accordingly. Reimbursement for additional or optional insurance
coverage will not be allowed.
d. Refueling Before Return
To avoid a refueling surcharge, all rental cars shall be refueled before returning the
vehicle to the rental company. Any surcharges billed to the employee, public
official, appointee, or City shall be explained in the reimbursement request.
e. Reservations
Approved car rental reservations shall be made in advance whenever possible. The
employee should compare car rental rates and always look to reserve the lowest
rental.
F. PER DIEM EXPENSES
The City uses per diem expenses as set by the U.S. General Services Administration
(GSA) for official travel within the United States. M&IE Rates can be found at:
http://www.gsa.gov/perdiem.
G. LODGING
1. General
City travelers are expected to seek accommodations that are comfortable, convenient, meet
business and personal needs and offer good value. Employees are expected to compare local
lodging rates in the area prior to reserving lodging.
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2. Accommodation
a. Lodging accommodations for reasonably priced single occupancy rooms are
reimbursable when the traveler is away from home overnight due to official travel.
b. Accommodations shared with family members or others not on official City business
are reimbursable at the single occupancy rate only.
c. Accommodations shared with other City travelers should be billed and reimbursed to
one traveler. When required, reimbursements to more than one traveler shall be based
on a pro rata share as reported on each reimbursement request.
3. Conference Lodging Arrangements
When hotel rooms are blocked for a conference, seminar, etc., and a special discounted conference
hotel rate provided, the employee/official should compare conference rates with the rates for other
local hotels within a three (3) block radius of the conference. The employee is urged to reserve
hotel accommodations that offer the best value to the City. This includes conference rate,
government rate or lower rate, for the employee/official. If a lower rate is not available, the
conferees should make their lodging arrangements directly utilizing the conference instructions.
Conference lodging will be considered to accommodate persons with special circumstances.
4. Occupancy/Sales Tax
The City is exempt from the tax on occupancy of hotel, motel and tourist home rooms within
Delaware only. When instate overnight accommodations are necessary, the employee should be
provided with a copy of the Occupancy Tax Exemption Certificate (see Exhibit C) to be presented
to the lodging facility. Tax on occupancy of hotels in other states must be paid. Out of state hotels
shall be asked about their sales tax exemption policies and the traveler shall provide documentation
to avoid applicable sales taxes whenever possible.
H. MEAL ALLOWANCES
1. General
a. The City will pay for or reimburse an employee/official for the necessary and
reasonable cost of meals and incidental expenses incurred during out of state travel
requiring overnight lodging.
Additional meal costs incurred over and above those provided as part of a conference, lodging, or
airfare fee are not reimbursable, unless justified as a special circumstance and approved by the
City Manager and/or Controller/Treasurer (e.g. special meeting or diet restrictions). Exceptions
are to be pre-approved by the City Manager and/or Controller/Treasurer.
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There will not be any reimbursement for meals when the meals are provided as part of the
conference/training or by the host organization and when meals are provided as part of the hotel
service and/or airfare.
If an employee is traveling partial days on any calendar day, the City will prorate the applicable
advanced M&IE rate based upon time and location of meal. “Breakfast per diem is paid for travel
extending after midnight until 10 am. Lunch per diem will be paid for travel thate extends after
10 am and until 3 pm. Dinner reimbursement is paid for travel extending after 3 pm of the final
day of travel. Travel begins when you leave your home, office or the last location before you
proceed to the travel destination or transportation center (e.g. airport, train station). This applies to
both day of departure and day of return.
When meals are provided at the conference or by the host, the meal allowance will be reduced
by 25% for each meal provided. Continental Breakfast provided by the hotel or at the conference
is counted as a meal, unless justified as a special circumstance and approved by the City Manager
and/or Controller/Treasurer (e.g. special meeting or diet restrictions). Example of breakdown for
M&IE rates can be found at: http://gsa.gov.perdiem.
2. Day Trips, In-state Travel and Before or After Hours
The meal allowance for day trips out of the City will be reimbursed at actual cost, if it does
not exceed 25% of the normal per diem per the M&IE Allowance. The meal allowance for
working before or after hours as a general rule are not encouraged, but may be approved by the
City Manager and/or Controller/Treasurer on a case-by-case basis. At no time can the amount
exceed the allowances established. A receipt is required.
I. CASH ADVANCES AND ADVANCE PAYMENT
General/Blanket travel advance checks may not be issued to employees, public officials, or
appointees. Employees, public officials, and appointees will be reimbursed for specific travel
related expenses after the trip or event has been completed.
Department Head / Directors should use their City credit card for business travel. Department
Head / Directors may use their departmental travel credit card when arranging employee travel.
Under urgent situations, and with prior approval, employees and officials can also use a personal
credit card and request reimbursement when they return.
The City will pay specific travel and lodging costs in advance, as long as the request deadlines are
met. Employees, public officials, and appointees shall use a City purchase order (if necessary)
when requesting travel cost advances.
Please note: The same procedure for Travel Authorization, as identified in Part C (above) will be
required, with the exception that the travel packet must be submitted to the Accounts Payable
Department a minimum of 20 days prior to travel.
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The City will pay in advance the following costs:
a) Conference/Training registration fees. Such payment will be made payable directly
to the organization. A copy of the registration form describing the specific event must
be attached to the travel packet.
b) Airfare. Airfare is normally reserved on-line through the internet and paid with a City
credit card after travel approval has been received. (See City Credit Card Policy)
c) Lodging. Upon receipt of the approved Travel Request and Itinerary Estimate Form,
the department may submit a purchase order (if necessary) for lodging. The check
will be made payable to the hotel and will be given to the person for whom the lodging
arrangements are made. The department must provide supporting documentation
including the daily lodging rates and applicable taxes along with the travel packet.
Lodging reservations can be held with the use of a City credit card. (See City Credit
Card Policy)
d) Meal allowance. An advance for the M&IE Allowance, which includes meals, tax and
tips expenses, will be permitted for meals not provided by the conference, lodging or airfare
as indicated in Section H (1) above. Only per diem rates as set by the Federal Government
for official travel will be provided for M&IE Allowance. No purchase order is required
for employee travel advance if the amount is less than $5,000.00. M&IE Rates can be
found at: http://www.gsa.gov/perdiem.
J. TRAVEL EXPENSE REIMBURSEMENT
1. General
Travel Expense Report (City of Dover Form 30) is due to Accounts Payable for final audit
within ten (10) working days after travel or an expense is incurred (Ten working-day rule).
Travel Expense Reports will be scanned and emailed to the remitting department for entry.
Paper copies will remain in Finance.
a. Timely reimbursement can be assured only if an accurate, properly substantiated
Travel Expense Report is received by to Accounts Payable ten (10) working days
after completion of the trip.
b. Failure to submit timely Travel Expense Reports after the completion of a trip will
result in administrative action, such as notification to the Department Head /
Director and denial of future travel requests.
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Training, Conference & Travel Policy Page 10 of 16
Travel Expense Reports for local travel and related expenses are to be submitted monthly.
Explanation is required if over 30 days and approved by Controller/Treasurer Department
Head / Director and/or City Manager. Failure to file for reimbursement for
travel/conference/training related expenses within the 30-day window may result in denial
of the reimbursement request.
Note: This section pertains to only those travel expenses paid by the traveler; not to travel expenses
directly billed to/paid by the City.
2. Receipt Requirements and Other Reimbursement Criteria
a. Tickets booked on common carriers (airline, rail or bus) require original copy of the
paid invoice or email confirmation containing total travel costs for arrangements
booked on-line.
b. Hotel/motel bills shall be the original copy of hotel/motel billing marked paid.
c. Ground transportation, including airport shuttle, taxi or public transit requires a
receipt.
d. Car rental reimbursements require paid invoice from the rental company.
e. All Meals DO NOT will require itemized receipts and are not reimbursable above
the maximum daily/partial day per diem meal allowance. Meals receipts must not
exceed the daily M&IE meal allowance. Tax and tips are included in the M&IE
Allowance and will not be reimbursed separately. When more than one City
employee, public official, or appointee’s meals are being reimbursed, each employee
must submit a separate Travel Expense Reimbursement for their allowance. Any
advance M&IE and allowances not accounted for in the expense report will be
considered overpayment and shall be returned to the City. Reimbursement will be
for the actual aggregate eligible expenses for the day of travel or the maximum per
diem per day, whichever is the lesser amount.
f. Hotel/motel related expenses should be documented identifying the date and the cost
for each category with the following requirements:
(1) Out-of-pocket costs for incidental items such as tips, baggage handling and maid
service are not individually reimbursable by the City of Dover. Costs included
under this category are included in the M&IE per diem rate. Only per diem rates
as prescribed by the Federal Government for official travel will be provided for
M&IE allowance.
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(2) City-business related telephone calls are reimbursable as incurred and require a
receipt from the telephone service provider or included on the hotel/motel billing
invoice.
g. Lodging at campgrounds using traveler’s camper or recreational vehicle is
reimbursable at the actual cost, not to exceed the equivalent cost of hotel/motel
lodging. Receipt is required.
h. Other Reimbursement Categories
Reimbursement for the following categories should be submitted on a schedule
identifying the date, the cost and the category. All supporting receipts must be
attached:
1) The City will reimburse employees for hotel and airport self-parking. The City
encourages all employees to seek ‘economy and budget parking’.
2) The City will not reimburse employees for Valet parking, unless prior approval
has been granted by the City Manager and Controller.
3) The City will reimburse employees the cost of tolls for interstates, turnpike,
bridges and/or ferries. All travel expenses require a receipt.
4) The City will reimburse employees for necessary airport baggage fee. A receipt
is required.
i. Gasoline and/or Other Supplies require a receipt.
In extenuating circumstances where a receipt is not able to be procured for
gasonline/fuel purchase(s), a copy of the credit card statement can be substituted for
the receipt. The transaction date should reflect a range within the dates of travel.
Need for emergency repairs incidental to using a City-owned vehicle shall require a
Vendor receipt.
j. Department Head / Director pre-approval is required to receive reimbursement for
Internet Access Costs for city business. These costs must be substantiated with
receipts.
k. While traveling overnight out-of-state, the City will reimburse employees for the
cost of up to two (2) personal telephone calls not to exceed $8 per trip. A receipt is
required for reimbursement.
l. Reimbursements for travel expenses incurred without required receipts, as outlined,
is strictly prohibited. A "no receipt - no reimbursement" policy applies, except in
extenuating circumstances in fuel purchase(s) referenced in (i) above.
* Any advance M&IE and allowances not accounted for in the expense report will
be considered overpayment and shall be returned to the City.
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Item 7.
Training, Conference & Travel Policy Page 12 of 16
3. Non- Reimbursable Expenses
The City shall not reimburse expenses for the following:
a. Alcoholic beverages.
b. In-room movies or pay television.
c. Theater tickets or nightclub entertainment.
d. Laundry.
e. Babysitting.
f. Related expenses of spouse, children and other persons accompanying the
authorized employee or official.
g. Pleasure, historic or other tour related expenses. Expenses for business
related tours would be reimbursed.
h. Donations and gifts made while at training, conference, or meeting.
i. Loss or damage of personal items.
j. Meals for other conference attendees.
k. Purchase of personal items.
l. Any parking or moving violation fines.
m. Any personal or pleasure travel while on City business.
K. CHARTER AND CODE OF CONDUCT
All City of Dover policies are subject to the City of Dover Charter Part 1, Subpart A, Article II,
Section 12 “Compensation and expenses - Mayor and Council and other elected or appointed
officials”, whereas, “Members of the council, mayor and other elected or appointed officials shall
receive reimbursement for actual and necessary expenses incurred when on official business as
prescribed by city ordinance or policy” and; Part
II Code of Ordinances Chapter 2, Article 1, Division 4 “Code of Conduct”, which is “applicable
to all elected and appointed officials and to all employees of the City of Dover.”
L. INTERNAL REVENUE CODE - DEFINITION OF PUBLIC OFFICIAL
Generally, if there is any provision in a public law which authorizes the employment of the
individual, and the individual is hired or elected under this authority, the individual is considered
an employee of the State or political subdivision to which the provision applies.
The following factors indicate that an office is a “public office.”
The office was created by the constitution or through legislation, or by a municipality
or other body with authority conferred by the legislature.
The office was delegated a portion of the powers of the government body.
The powers conferred and the duties to be discharged are defined either directly or
indirectly law or through legislative authority.
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Training, Conference & Travel Policy Page 13 of 16
The duties are being performed independently and without control of a superior power
other than the law.
The office has some permanency and continuity, and the officer takes an official oath.
Examples of public officers are: the president and vice president, a governor or mayor,
the secretary of state, a member of a legislative body, such as a state legislature, county
commission, city council, school board, a judge, a justice of the peace, and members of
advisory boards and committees.
M. REVIEW & REVISION
The City of Dover Travel Policy will be reviewed every three years by the City Manager and
Controller/Treasurer and City Clerk to provide recommended changes to City Council for
approval.
EXHIBITS
Exhibit A - COD Travel Request and Itinerary Estimate Form (Form 47)
Exhibit B - COD Travel Expense Report Form (Form 30)
Exhibit C - COD Exemption Certificate Form 99A
REVISION RECORD
Revised: November 24, 2003
Revised: February 9, 2004
Revised: July 24, 2006
Revised: March 23, 2009
Revised: January 23, 2012
Revised: February 23, 2015
Revised: February 26, 2018
Revised: February 24, 2020
Revised: May 10, 2022
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Training, Conference & Travel Policy Page 14 of 16
EXHIBIT A
CITY OF DOVER
TRAVEL REQUEST AND ITINERARY ESTIMATE
EMPLOYEE TRAVELING REQUEST DATE
BUSINESS PURPOSE
DEPARTMENT TRAVEL DESTINATION TRAVEL DATES
ESTIMATE ITEMIZED EXPENSES AND TRAVEL ADVANCES
NOTE: ITINERARY AND PROOF FOR ALL TRAVEL ADVANCE REQUESTS BELOW ARE REQUIRED PRIOR TO TRAVEL.
* APPROVAL FOR SPECIAL REQUESTS ARE REQUIRED FROM FINANCE-CONTROLLER/TREASURER OR CITY MANAGER PRIOR TO TRIP *
ESTIMATED COST:
REGISTRATION FEE: MEALS PROVIDED BY CONFERENCE MUST BE DEDUCTED FROM M & IE RATE.
MODE OF TRAVEL AND COSTS:
AIRLINE ONE WAY ROUND TRIP 0.00
AIRPORT PARKING PER DAY TOTAL DAYS 0.00
TRAIN ONE WAY ROUND TRIP 0.00
BUS ONE WAY ROUND TRIP 0.00
* RENTAL CAR ONE WAY ROUND TRIP 0.00
* PERSONAL CAR TOTAL MILEAGE 0.40 PER MILE 0.00
* TOLLS ONE WAY ROUND TRIP 0.00
CITY VEHICLE " IS ADVISE TO BE USED INSTEAD OF PERSONAL CAR"
LODGING EXPENSES: BREAKFAST PROVIDED BY HOTEL MUST BE DEDUCTED FROM M & IE RATE
HOTEL PER NIGHT TAXES NUM OF NIGHTS 0.00
* SHUTTLE PER TRIP TAXES TOTAL TRIP 0.00
* TAXI PER TRIP TAXES TOTAL TRIP 0.00
* PARKING PER DAY TAXES TOTAL DAYS 0.00
M&IE RATE (MEALS & INCIDENTAL EXPENSES) MEALS ARE PRORATED FOR PARTIAL DAYS AND
MEALS: REDUCED BY 25% FOR EACH MEAL PROVIDED BY HOST. SEE TRAVEL POLICY.
SUN MON TUE WED THUR FRI SAT
DATES:
PERDIEM RATE:
TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
$0.00
TOTAL EXPENSE
EMPLOYEE SIGNATURE DATE
DEPARTMENT HEAD APPROVAL DATE
ACCOUNTS PAYABLE APPROVAL DATE
CITY MANAGER OR COUNCIL DESIGNEE APPROVAL DATE
Form 047
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Training, Conference & Travel Policy Page 15 of 16
EXHIBIT B
CITY OF DOVER
TRAVEL EXPENSE REPORT FORM
NAME OF EMPLOYEE DEPARTMENT TRIP TAKEN TO (CITY)
PURPOSE OF TRIP
Please attach receipts for hotels, tolls, transportation, etc., and show all costs on this form.
Please use a separate form for each week.
Please note incidental expenses (tips) are included in M & IE Rate.
EXPENSES MON TUES WED THUR FRI SAT SUN TOTAL
DATE
REGISTRATION FEES $ -
TRANSPORTATION - AIR/TRAIN/BUS $ -
PERSONAL AUTO
$ -
Miles @ .40 cents a mile
AUTO RENTAL $ -
PARKING FEES / TOLLS / GAS $ -
TAXI / SHUTTLE / PUBLIC TRANSIT $ -
HOTEL / MOTEL $ -
TELEPHONE $ -
BAGGAGE / MISC. EXPENSES $ -
MEALS (M & IE RATE) $ -
MEAL ALLOWANCE OVERAGE $ -
TOTALS $ - $ - $ - $0.00 $0.00 $ - $ - $ -
EMPLOYEE INCURRING EXPENSE DATE TOTAL EXPENSES INCURRED ABOVE $ -
LESS AMOUNT PAID BY CITY BELOW: $ -
DEPARTMENT HEAD SIGNATURE DATE
(For Certification) REGISTRATION
CHECK / CITY CC
HOTEL
CHECK / CITY CC
FINANCE DEPARTMENT - AUDIT DATE
AIRFARE
CHECK / CITY CC
FINANCE - FINAL ACTION DATE MEALS
CHECK#
MISC:
CHECK / CITY CC
GL ACCOUNT NUMBER
REIMBURSEMENT AMOUNT DUE EMPLOYEE
AMOUNT DUE CITY
Form 30
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Item 7.
Training, Conference & Travel Policy Page 16 of 16
EXHIBIT C
C ITY OF DOVE R
DEPARTM EN T OF FINANC E
E XEM P TION CER TIFICAT E
T AX ON OCCUP ANC Y OF HOTE L AND MO TEL AND TO UR IS T HOM E ROOM S
In accordance w ith Internal Revenue C ode Section 5253(I), no tax sha ll be im posed under section
4251 upon any paym ent received for services or facilities furnished to the governm ent of any State,
or any political subdivision thereof, or the District of Columb ia.
T his Part to be C ompleted by the Operator
Nam e of Hotel, M otel, or Tourist Hom e Fed. E I or SS number
Address C ity State Z ip Code
T his Part to be C ompleted by the Occupant
T his is to certify that I, the unders igned, am a representative of the C ity of Dover, De laware; t hat the
charges for the occupancy at the above establ ishm ent on t he dates set forth below has been or w ill
be paid for by the C ity of Dover, a government unit; and that such charges are incurred in the
performance of my officia l duties as a representative or employee of the governm ental unit.
Nam e (P lease type or print) S ignature
City of D o ve r 51 -6 00 00 92
Governm ental Unit Tax I.D. # Title
P .O. Box 475 Dover DE 19903- 0475
Address C ity State Z ip Code
Date(s) of Occupancy
If additional inform ation is needed, please contact the C ity of Dover F inance D irector at (302) 736-
7018.
NO TE : A separate Exem ption C ertificate is required for each occupancy and for each representative
or emp loyee.
T H IS E XEM P TIO N CER TIFICAT E IS TO B E R ETAINED B Y TH E O PERAT O RS O F
H O TELS , M O TELS , AND TO URIST H OM ES AS EVIDENCE O F EXEM PT OCCUPANCY.
\\Dover_1 \fina nce\FO RMS\D OCUM ENT S\FO RM99 A.wp d
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Item 8.
Sec. 102-183. Tax exemption for disabled property owners and senior citizens.
(a) Authority. This section is adopted to implement 22 Del. C. § 1001 et seq., granting exemptions from
municipal taxation on real property for persons 65 years of age or over. Compliance must be made with such
chapter 10 and this section in order to qualify for such exemption.
(b) Qualifications for participation.
(1) Totally disabled and able to document said disability by meeting the definition of "totally disabled" as
defined by social security disability or by filing certified copies of award letters from government
agencies indicating that the applicant is totally disabled regardless of age; or
(2) Sixty-five years of age or older at the beginning of the tax year for which the application is made.
(3) An individual may only apply for inclusion in this program under one of the two provisions above.
(c) Program qualifications. The exemption shall be for real property owners 65 years of age or over unless total
disability documentation is provided. If qualified, their real property shall be exempt from municipal taxation
to the extent of the first $50,000.00 of assessed valuation. This exemption shall be subject to the following:
(1) Owner resides alone. If the income of a property owner who resides alone exceeds the sum of
$18,000.00 (2021) for the income tax year immediately preceding the date of making an application for
the exemption, then the exemption shall not be granted. The maximum income limit stated in the
preceding sentence shall increase each year by the same percentage as the cost of living adjustment
granted to recipients of Social Security retirement benefits.
(2) Spouses reside together. If the income of a property owner and spouse who reside together exceeds
the sum of $24,750.00 (2021) for the income tax year immediately preceding the date of making an
application for the exemption, then the exemption shall not be granted. The maximum income limit
stated in the preceding sentence shall increase each year by the same percentage as the cost of living
adjustment granted to recipients of Social Security retirement benefits.
(3) Exclusion from income. In computing income of the property owner in order to determine entitlement
for the deduction, Civil Service Retirement System (CSRS) benefits up to 150 percent of the Social
Security maximum benefit, Social Security benefits and railroad pensions shall not be considered as
income.
(4) Location, use of property. The real property must be located within the limits of the city and must be
used exclusively for residential purposes. The residence may not be a rental unit.
(5) Residence. The real property must be the legal residence of, and be occupied in whole or in part, by the
property owner for five years immediately preceding the tax year for which the application is being
made.
(6) Owner of record. The property owner must be the owner of record of said real property as of
December 31 of the calendar year immediately preceding the date of making application for the
exemption.
(7) Time when age attained. The property owner must have attained the age of 65 years by March 1 of the
year in which the exemption application is filed.
(8) Filing applications. Applications for exemption shall be filed in accordance with regulations adopted by
the city council and for cause shown. The city assessor, city manager or his/her designee may accept
and act upon applications received after any established application filing date; May 31.
(9) Refund. The city assessor, city manager or his/her designee is empowered to refund taxes paid by a
qualified applicant who is entitled to an exemption and successfully files for the same.
Created: 2022-04-13 10:34:12 [EST]
(Supp. No. 36, Update 1)
Page 1 of 2
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Item 8.
(d) Determination of eligibility.
(1) The city assessor, city manager or his/her designee shall be authorized to require any applicant to
submit documentation substantiating income reported for determination of eligibility for the
exemption.
(2) No application shall be approved unless all property taxes and outstanding city charges have been paid
in full by the application submission deadline.
(3) The city assessor, city manager or his/her designee may deny applications where requested income
verification and appropriate documentation is not submitted by the applicant.
(4) Property owners who qualified for the senior citizen or disability exemption for tax year 2021 may
continue to qualify for exemptions despite the age qualification and residency qualifications until which
time the property is sold. Property owners in this category must renew their application annually.
(e) Denial; appeals; termination of eligibility.
(1) Denial of exemptions by the city assessor, city manager or his/her designee and any other complaints
regarding the exemption process may be appealed by the taxpayer directly to the board of assessment
appeals. The board of assessment appeals shall have the power to affirm, overrule or remand the
decision of the city assessor, city manager or his/her designee.
(2) Termination of eligibility; eligibility under this article shall terminate automatically when the applicant
fails to meet any of the conditions stated herein.
(f) Interest; retroactive exemptions. Qualified disabled property owners and senior citizens who fail to exercise
their property tax exemption application shall not be entitled to any interest payments on said exemption
amount; nor shall unexercised property tax exemptions be retroactive beyond the current tax year.
(g) Penalties. Penalties assessed to delinquent property tax accounts that are eligible for a disabled property
owners and senior citizen exemption that have not been exercised shall not be excused.
(h) Council review. City council will review these numbers at the conclusion of each reassessment.
(Code 1981, § 19.5-52; Ord. of 3-12-2001; Ord. of 5-23-2005; Ord. of 4-28-2008(1); Ord. NO. 2010-06, 3-22-2010;
Ord. No. 2012, 3-12-2012; Ord. No. 2021-18 , 9-27-2021; Ord. No. 2021-20 , 10-11-2021)
Charter reference(s)—Tax exemptions, subpart B, § 3.
State law reference(s)—Tax exemptions, Del. Const. art. VIII, § 1.
Created: 2022-04-13 10:34:12 [EST]
(Supp. No. 36, Update 1)
Page 2 of 2
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Item 8.
Income Qualification
City / Town County Senior / Disability Exemption Single Married COLA Increase Documentation Requirements Website / Form Link
Dover Kent Both 19062 26210 Yes Proof of income / 1040 (adjusted gross income), government determination of diability https://evogov.s3.amazonaws.com/media/27/media/48222.pdf
Camden Kent Senior 15000 30000 Yes Proof of Income/1040 (adjusted gross income) https://www.camdende.gov
Milford Kent / Sussex Senior 15000 25500 Yes Proof of Income/1040 (adjusted gross income) https://www.milfordde.gov
Rehoboth Sussex n/a-do not give exemptions https://www.rehobothde.gov, also called to verify
Seaford Sussex Senior 9000 13000 Yes Proof of Income/1040 (adjusted gross income) https://www.seafordde.gov
Smyrna N/C Senior 30000 35000 Yes Proof of Income/1040 (adjusted gross income) https://www.smyrnade.gov
Wilmington N/C Both 15000 19000 Yes Proof of Income/1040,(adjusted gross income government determination of disability https://www.WilmingtonDE.gov
Newark N/C Senior 19400 25900 Yes Proof of Income/1040 (adjusted gross income) https://www.newarkde.gov
Sussex Both 6000 7500 No Proof of Income/1040 (adjusted gross income),government determination of disability https://www.sussexcountyde.gov
N/C Both 15000 19000 No Proof of Income/1040 (adjusted gross income),government determination of disability https://www.newcastlecountyde.gov
Kent Both 18000 24750 No Proof of income / 1040 (adjusted gross income), government determination of diability https://co.kent.de.us/media/1042095/2022-EXEMP-APP-updated.pdf
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Item 8.
Staff recommendation: keep the current income guidelines in place for the following reasons: (1)
comparable to other municipalities in the State and (2) the City plans to use the County guides moving
into the future as well as the County reassessment figures for property values.
Research
The rates below demonstrated HUD’s Access Individual Income Limits for Section 8 in addition to the
Access Individual Median Family Income for Kent County Delaware. These are not income rates used for
home ownership. I’ve also pulled data for FHA loans. Per their website, they do not use income limits
for homeownership, but rather take applicants debt to income ratio into consideration instead.
Historically, real estate tax exemptions are meant for low to moderate income individuals. The
exemptions are not intended for high wage earners. The challenge is to present a fair statement for
wages in our application process. Per council’s direction the City chose to use the County’s stated
income levels with an annual increase for COLA. Kent County’s rates are Single: $18,000.00
Married: $24,750.00.
In calendar year 2022 the Social Security Administration announced a COLA increase of 5.9% as such the
City increased their income limits to: Single $19,062.00 and Married $26,210.00, which is only second to
that of Smyrna who uses the income levels of Single $30,000.00 and Married $35,000.00 according to
our research. (attached)
Using the County rates, former Assessor, Cheryl Bundek, estimated that the City would expand its
exemption list at an additional cost of $3,500.00 per year. Expanding the income guidelines could
potentially have a larger impact on City tax revenues and overall operating budget.
HUD FY2022 Income Limits Documentation System
Using the 50% guide below a Single families income level for low income individuals would be
$27,050.00. A Married families income level would be $30,900.00.
The 80% guide below shows a Single family income level of $43,250 and Married to be $49,400
https://www.huduser.gov/portal/datasets/il/il2022/2022summary.odn
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Item 8.
https://www.fha.com/fha_article?id=571
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Item 9.
Diversity | Equity | Inclusion
CITY OF DOVER
DE&I INITIATIVE
UPDATE
May 10, 2022
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Background
Item 9.
(A Quick Recap)
➢City of Dover
➢Initiated an internal audit of our operations through a DE&I lens (2019)
➢City Manager and Assistant City Manager leading this effort
➢Turnover in leadership occurred due to unforeseen circumstances
➢Formed an employee DE&I Committee with some departments represented
➢Several false starts, impact of transitions, little progress had been made
➢The Ivy Group
➢The Ivy Group conducted an internal assessment of City of Dover
➢Received a detailed report with recommendations
➢Included a drafted action plan outlining goals and strategies
➢No action taken on the recommendations
➢We pressed “reset” button
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Item 9.
DE&I Initiative
(Updates)
Partnered with United Way of Delaware
Since 2021, working through the
Fusion Alliance/Delaware Racial Justice Collaborative
under the guidance of Eddee Boone Consulting LLC
DE&I Committee
Re-engaged a 25-member committee
Our goal is to have all departments (and voices) represented
Meeting monthly with more structure and framework
Finalized our charter outlining expectations on how the
committee will operate
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Item 9.
Overview of DE&I Initiative
Employee Survey and Action Planning Process
Step Status
01 Develop Employee Survey
02 Launch Employee Survey
03 Collect, Review & Analyze Employee Survey Results
04 Communicate Survey Results via Employee Listening Sessions
05 Share Employee Survey Results with City Council & Department Meetings
06 Through Designated City of Dover Leadership Team and Engagement of Employee-Led
DE&I Subcommittees, Create Action Plans Outlining Specific, Measurable, Attainable,
Relevant & Timebound (S.M.A.R.T.) Goals and Accountabilities
07 Align Resources – Time (Commitment), Talent (People), and Treasures ($s) to Achieve Goals
08 Execute Implementation Plans & Monitor Progress to Goals
09 Periodically Evaluate Efforts and Share Updates Broadly for Accountability & Transparency
10 Repeat Employee Survey Periodically – i.e.: Every Year (Minimally 2 Years)
All Complete In Progress No Action
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Item 9.
Diversity | Equity | Inclusion
CITY OF DOVER
INITIATIVE UPDATE
LISTENING SESSIONS
Held May 4, 2022
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Overview
Item 9.
➢Purpose
➢Held two sessions (10 a.m. and 1 p.m.)
➢About 40-50 employees attended in all
➢Transparent in sharing survey results
➢Gleaned further insight/upgrades through the sessions
➢Respondents & Format
➢Total of 146 of 474 full/part-time employees (31%) participated
➢Used both Qualitative and Quantitative methodology
➢Results went directly to a third-party, independent consultant
➢Path Forward
➢Expectations (Leadership and Employees)
➢Accountability / Transparency
➢Communication
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Themes that Emerged
Item 9.
Culture | Morale
Communication
Transparency
Human Resources Leadership | Listen Compensation-Pay
Hiring - Staffing Accountability Benefits – Incentives
Process & Criteria Respect - Favoritism Pay Disparities
Get Better Acquainted
Diversity, Equity Inclusion, Belonging
Equality, Fairness
Training & Development
Succession & Advancement
Environment | Equipment 160
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Item 9.
Survey Quantitative Feedback
”All people have an opportunity to succeed in the City of Dover”
Percentage
Strongly Agree 17%
51%
Agree 34%
Strongly Disagree 10%
29%
Disagree 19%
Neutral 17%
20%
Do Not Wish to Answer or Left
Blank 3%
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Item 9.
Survey Quantitative Feedback
“I trust the City of Dover to be fair to all employees”
Percentage
Strongly Agree 10%
33%
Agree 23%
Strongly Disagree 13%
38%
Disagree 25%
Neutral 25%
29%
Do Not Wish to Answer or Left
Blank 4%
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Item 9.
Survey Quantitative Feedback
”There are leaders here that I can relate to”
Percentage
Strongly Agree 14%
65%
Agree 51%
Strongly Disagree 5%
13%
Disagree 8%
Neutral 19%
22%
Do Not Wish to Answer or Left
Blank 3%
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Survey Quantitative Feedback Item 9.
”Department directors are prepared to effectively manage
a culturally diverse workforce”
Percentage
Strongly Agree 9%
51%
Agree 42%
Strongly Disagree 3%
23%
Disagree 20%
Neutral 23%
26%
Do Not Wish to Answer or Left
Blank 3%
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Item 9.
Survey Quantitative Feedback
”The people I work with treat each other with respect”
Percentage
Strongly Agree 27%
67%
Agree 40%
Strongly Disagree 4%
13%
Disagree 9%
Neutral 17%
20%
Do Not Wish to Answer or Left
Blank 3%
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Item 9.
Survey Quantitative Feedback
”I am included in decisions that affect my work”
Percentage
Strongly Agree 13%
50%
Agree 37%
Strongly Disagree 12%
21%
Disagree 9%
Neutral 25%
29%
Do Not Wish to Answer or Left
Blank 4%
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Item 9.
Survey Quantitative Feedback
”I can be my authentic self at work”
Percentage
Strongly Agree 18%
67%
Agree 49%
Strongly Disagree 3%
11%
Disagree 8%
Neutral 18%
22%
Do Not Wish to Answer or Left
Blank 4%
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Item 9.
Survey Quantitative Feedback
”City of Dover staff values diverse opinions and ideas”
Percentage
Strongly Agree 8%
47%
Agree 39%
Strongly Disagree 5%
20%
Disagree 15%
Neutral 29%
33%
Do Not Wish to Answer or Left
Blank 4%
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Survey Quantitative Feedback Item 9.
”During team meetings, all members are encouraged to speak up and share
their thoughts and ideas”
Percentage
Strongly Agree 17%
72%
Agree 55%
Strongly Disagree 4%
10%
Disagree 6%
Neutral 14%
18%
Do Not Wish to Answer or Left
Blank 4%
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Survey Quantitative Feedback Item 9.
”I feel comfortable speaking up about problems/issues in the workplace with my
immediate manager”
Percentage
Strongly Agree 30%
66%
Agree 36%
Strongly Disagree 10%
16%
Disagree 6%
Neutral 14%
18%
Do Not Wish to Answer or Left
Blank 4%
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A Few Comments or Testimonials
Item 9.
(What Employees Said)
“Increase public outreach, the public needs to know what it
takes to run a City, this will produce a level of respect from the
residents.”
“Hold more collective events for the entire City Staff, this would
provide an opportunity to meet the other team members and
start relationships.”
“The changes that were/are needed are already in motion and it
will take time to see if they take hold and bear fruit.”
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Recap of Employee Feedback During
Item 9.
Our Listening Sessions on May 4, 2022
Communication IS Key
Define DE&I to ensure common understanding
Communicate the end goal (North Star) of DE&I efforts
Who (The Messenger & Audience), what, when, where, why) matters
Inaction & nonverbal communication also send messages to employees
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Recap of Employee Feedback During
Item 9.
Our Listening Sessions on May 4, 2022
Survey Tool
Define terminology to create common language
Some questions were too broad / left up to interpretation of individual
Include comment box for employees to add examples/offer context
Breakdown results by department to target opportunities for improvement
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Recap of Employee Feedback During
Item 9.
Our Listening Sessions on May 4, 2022
General/Other
Some processes (i.e.: Five unions, different negotiations & packages)
may have contributed toward employees
concerns over pay & benefit disparities
Breakdown siloes between departments
Progress & results matter
Perception is reality
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Where Do We Go From Here?
Item 9.
Next Steps in the DE&I Process
Step Status
01 Develop Employee Survey
02 Launch Employee Survey
03 Collect, Review & Analyze Employee Survey Results
04 Communicate Survey Results via Employee Listening Sessions
05 Share Employee Survey Results with City Council & Department Meetings
06 Through Designated City of Dover Leadership Team and Engagement of Employee-Led
DE&I Subcommittees, Create Action Plans Outlining Specific, Measurable, Attainable,
Relevant & Timebound (S.M.A.R.T.) Goals and Accountabilities
07 Align Resources – Time (Commitment), Talent (People), and Treasures ($s) to Achieve Goals
08 Execute Implementation Plans & Monitor Progress to Goals
09 Periodically Evaluate Efforts and Share Updates Broadly for Accountability & Transparency
10 Repeat Employee Survey Periodically – i.e.: Every Year (Minimally 2 Years)
All Complete In Progress No Action
We are currently reviewing The Ivy Report findings/recommendations and determining how to incorporate it into the updated City of Dover DE&I Action Plan
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