Chapter 1.10
CITY FINANCES
Sections:
1.10.015 City officials, employees and advisory board members – Reimbursable expenses.
1.10.020 Office hours – Certain offices.
1.10.030 Claims – Presentation – Form.
1.10.040 Claims – Final action.
1.10.050 Claims – Issuance of warrants.
1.10.060 Claims – Payment of warrants.
1.10.070 Deeds – Acceptance.
1.10.100 Public works – Contracts – Generally.
1.10.110 Public works – Contracts – Call for bids.
1.10.120 Public works – Plans profiles – Public inspection.
1.10.130 Public works – Contracts – Requisites.
1.10.140 Public works – Contracts – Violations – Forfeiture.
1.10.150 Public works – Contracts – Completion date.
1.10.160 Public works – Contracts – General city liability – Prohibited.
1.10.170 Public works – Use of streets – Safety rules – Repair – Liability.
1.10.180 Public works – Contractor’s employees – Payment by city – When.
1.10.190 Public works – Contractor’s employees – Failure to pay – Effect.
1.10.200 Public works – Contractors – Partial payment.
1.10.210 Public works – Suspension of contract – Continuation by city.
1.10.220 Public works – Performance bonds – Requisites.
1.10.230 Public works – Performance bonds – Approval.
1.10.240 Public works – Contracts – Retention of funds.
1.10.250 Public works – Contracts – Provision.
1.10.260 Use of debit/credit cards for payment of fees and fines.
1.10.015 City officials, employees and advisory board members – Reimbursable expenses.
(1) Deleted by Ord. 2001-01.
(2) In addition to prescribed rates of pay and other allowances provided by law all employees, officials and members of advisory boards of the city of Wenatchee shall be entitled to payment of or reimbursement for the following classes of official expenditures:
(a) Such sum for the authorized use of personal automobiles of such employee, official or member of an advisory board as is allowed by the Internal Revenue Service as a reimbursable expense for the business use of personal automobiles when such employee, official or advisory board member has the prior approval in writing from the superintendent of the department in which the employee is employed, or such superintendent designee.
(b) For incurred expenditures associated with attendance at sessions of the Washington State Legislature or in connection with appearing before or conferring with any individual group or committee of state legislators or other persons at Olympia or elsewhere for the purpose of presenting data, exchanging information and otherwise consulting on matters of mutual concern in the development of intergovernmental understanding and cooperation, for the proper evaluation of legislative programs affecting the municipalities and for such other purposes as may promote or tend to promote the best interests and the general welfare of the city of Wenatchee when prior approval of such attendance has been obtained from the city commission.
(c) The costs of meals lawfully incurred on behalf of or by employees, officials or advisory board members within the city or at other normal areas of employment while they are conferring, consulting, enrolled in educational programs directly related to their association with the city, or otherwise meeting with noncity specialists, technicians, executives or others for purposes generally associated with official duties of such employees, officials or advisory board members, when prior approval of such expense has been approved by the superintendent of the department in which the employee is employed or such superintendent designee.
(3) The amount of expenses allowed for such activities as itemized in subsection (2) of this section shall be:
(a) Meals, tips and incidental costs shall be reimbursed in the amount of $25.00 per full day, (per diem) or prorated for partial days. Reimbursement for expenses exceeding per diem shall be limited to the actual amount incurred, shall be reasonable in amount, and shall be supported by original receipts to substantiate such expense. Proration of meals shall be $7.00 for morning meal, $8.00 for noon meal and $10.00 for evening meal. Tips shall not exceed 15 percent of the actual costs of meals and shall be included in per diem.
(b) Travel, other than by personal automobile, shall be reimbursed at actual costs of travel supported by original receipt. The mode of travel shall be approved prior to any expense being incurred by the superintendent of the department or his designee.
(c) Fares, tolls and other costs directly associated with travel as provided for in this section shall be reimbursement at actual costs supported by receipts which shall be submitted with the request for such reimbursement.
(4) Approval of travel shall be by the superintendent of the department for which the employee is employed as to travel within the state of Washington. In the event of travel outside the state of Washington, approval in writing shall be obtained from the city administrator.
(5) Reimbursement shall not be allowed for personal expenses or entertainment, nor shall any employee encumber funds of the city or in any way obligate the credit of the city of Wenatchee for personal expenses or entertainment. (Ord. 2001-1 § 1; Ord. 3167 § 1, 1996; Ord. 3006 § 1, 1993; Ord. 2788 §§ 2 – 5, 1989; Ord. 2482 § 2, 1982; Ord. 1897 § 1, 1966)
1.10.020 Office hours – Certain offices.
The offices of the city clerk, city treasurer, accounting department, personnel department, and all public works department offices shall be open for the transaction of business with the public Monday through Friday of each week from 9:00 a.m. to 5:00 p.m. and said offices shall be closed on Saturdays, Sundays, and legal holidays. Regular working hours of employees of the city in the above offices shall be from 8:00 a.m. to 5:00 p.m. on those days when the said office is open for the transaction of business. (Ord. 2675 § 1, 1987; Ord. 1636, 1960; Ord. 1231 § 1, 1953)
1.10.030 Claims – Presentation – Form.
All claims or demands against the city of Wenatchee shall be presented to the city clerk in writing, stating the date and nature of each item and verified by the oath of the claimant or his agent to the effect that the items are correct and the amount justly due. It shall then be referred to the commissioner of finance and accounting for his decision. (Ord. 3 § 1, 1893)
1.10.040 Claims – Final action.
Final action on any claim shall not be taken on the same day presented, except by unanimous vote of the commission. (Ord. 3 § 2, 1893)
1.10.050 Claims – Issuance of warrants.
Warrants shall be issued, numbered in order and signed by the mayor and countersigned by the clerk for all claims legally allowed by the commission. (Ord. 3 § 3, 1893)
1.10.060 Claims – Payment of warrants.
The treasurer shall pay warrants out of the funds in the order of their issue. (Ord. 3 § 4, 1893)
1.10.070 Deeds – Acceptance.
All deeds conveying real property to the city of Wenatchee shall be accepted by resolution of the city commission. (Ord. 1428 § 1, 1955)
1.10.100 Public works – Contracts – Generally.
In the erection, improvement and repair of all public buildings and works, in all street and sewer work, and in all work in or about streams, bays or waterfronts, or in or about embankments, or other works for the protection against overflow and in furnishing any supplies or materials for the same, when the expenditure required for the same exceeds the sum of $500.00, the same shall be done by contract and shall be let to the lowest responsible bidder, after due notice, under such regulations as hereinafter in this chapter prescribed; provided, that the city commission may reject all bids presented, and re-advertise, in their discretion, or if in the judgment of the commission such work can be performed or supplies or materials furnished by the city independent of contract cheaper than under the lowest bid submitted, it may cause such work to be performed or supplies or materials to be furnished independent of contract, and provided further that nothing herein contained shall prevent the commission, in its discretion, from letting by contract when the expenditure does not exceed the sum of $500.00. (Ord. 179 § 1, 1907)
1.10.110 Public works – Contracts – Call for bids.
When it shall be decided to do work by contract, the city commission shall advertise a notice for bids, at least two weeks in the official paper of the city of Wenatchee, provided that in all contracts to be awarded in which the probable amount of expenditure would exceed $1,000, the publication of the notice shall be for four weeks, provided that if the city commission shall by resolution declare an emergency, the publication herein may be limited to two weeks. Such advertisements of the notice shall state the general nature and plan of the work, where the plan and specifications may be seen, and a specified day and hour when such bids shall be opened and the contract let and that said city reserves the right to reject all bids presented and re-advertise, in its discretion, and that all bids filed shall be accompanied with a certified check upon some Wenatchee bank in good standing, payable to the order of the city of Wenatchee, in an amount to be fixed by said council in said advertisement, not exceeding 10 percent of the estimated cost of the works which check shall be forfeited to the city in event that the bidder shall neglect or refuse to enter into contract with approved sureties to execute the work for the price mentioned in his bid and according to the plans and specifications, in case the contract shall be awarded to him.
Such bids shall also be accompanied by an affidavit of the bidder that the same is made in good faith and that there is no collusion or understanding between him and the other bidders on such work. Such bids may be handed in any time before the hour designated for opening the same and all bids shall be opened at the hour named in public and in the presence of such persons as may see fit to attend such opening of bids. As soon as the bids are opened, the clerk or other officer with whom the same are filed shall in the presence of the commission open them, record the same in a book kept for that purpose, provided nothing herein shall be construed to prevent the rejection of any and all bids tendered when so deemed proper. (Ord. 179 § 2, 1907)
1.10.120 Public works – Plans profiles – Public inspection.
No proposals or bids shall be advertised for any public work or material without the plan or profile of the work to be done, accompanied with the specifications for doing the same, or the specifications for the material or supplies to be furnished, being on file in the office of the city clerk, which said plan, profile and specifications shall, at all times, be open for public inspection. (Ord. 179 § 3, 1907)
1.10.130 Public works – Contracts – Requisites.
All contracts for work, material or supplies relating to any of the matters under the control of the city commission shall be let by the city commission. All contracts whether for public works, supplies for other purposes, shall be executed in triplicate by the proper officers of the city on the part of the corporation, and by the contractor. One original contract so executed shall be kept on file with the city clerk, one shall be given to the officer under whose supervision the work comes and the third shall be given to the contractor. All contracts and bonds shall be in the name of the city of Wenatchee. (Ord. 179 § 4, 1907)
1.10.140 Public works – Contracts – Violations – Forfeiture.
All contracts entered into on the part of the city shall provide that, in event of the contractor or contractors violating any of the provisions of such contract, the city commission shall ascertain and determine the amount of damages resulting from such violation, which determination shall be conclusive, and that the contractor or contractors shall pay to the city the amount of such damages as ascertained and determined. All contracts executed by the proper officers on behalf of the city shall contain a provision that the city commission shall decide every question which can or may arise between the parties relative to the construction of said contract, and the performance thereof, and that such determination shall be conclusive upon the parties; also, that in case of improper construction or noncompliance with the contract in any manner, the said city commission may suspend said work at any time, or order a partial or complete reconstruction of the same if improperly done, or to declare the contract forfeited and to re-let the same. (Ord. 179 § 5, 1907)
1.10.150 Public works – Contracts – Completion date.
All contracts shall contain a provision that, if the work is not completed within the time specified, the contractor must pay to the city of Wenatchee an amount which the Commission may determine, not less than $10.00 per day for each and every day that the said work remains uncompleted. Such amount to be deducted from the final estimate allowed the contractor. (Ord. 179 § 6, 1907)
1.10.160 Public works – Contracts – General city liability – Prohibited.
All contracts under which the contractor or contractors are to be paid from special assessments shall contain covenants to the effect that the city shall not be liable for the assessment fund, or for any claims or demands whatsoever against such fund, except as trustee thereof; and that the contractor or contractors shall look only to such fund for the payment for the performance of said contract, and shall have no claim against the city therefor, except from such fund. No liability of any kind shall attach to the city by reason of entering into such contract, except as specially provided in the contract. (Ord. 179 § 7, 1907)
1.10.170 Public works – Use of streets – Safety rules – Repair – Liability.
Whenever the city commission or any other city officer, shall let any work or improvement which shall require the digging up, use or occupancy of any street, avenue, alley, public way or public grounds of said city, there shall be inserted for the same, substantial covenants requiring the contractor shall erect and maintain, during the night time, such barriers and lights as will effectually prevent the happening of any accident in consequence of such digging up, use or occupancy of such street, avenue, public way, alley or public grounds, for which the city might be liable; and also such other covenants and conditions as experience may necessitate to save the city harmless from damages; and such contracts shall contain covenants upon the part of the contractor or contractors to save, indemnify, and keep harmless the said city against all liabilities, judgments, costs and expenses which may in any wise accrue against said city in consequence of the failure of said contractor or contractors to perform such contracts in accordance with the terms and conditions thereof or which may in any wise result from the carelessness or neglect of such contractor or contractors, or his or their or its agents, employees or workmen, in any respect whatsoever; and that when any judgment is recovered against said city for any such liability, costs and expenses, such judgment shall be conclusive against said contractor, or contractors and his, their or its sureties, not only as to the amount of damages, but also as to their liabilities; provided that reasonable notice has been given of the pendency of such suit to such contractor or contractors and his, their or its sureties. Such contract shall provide that all work must be done with the least possible inconvenience to the public, and shall contain such provisions as may be best adapted to secure this end. (Ord. 179 § 8, 1907)
1.10.180 Public works – Contractor’s employees – Payment by city – When.
There shall be inserted in every contract by the city with every contractor for public works a provision that, in case such contractor shall discharge any employee (or such employees shall cease work) and give his time check showing the amount of labor performed and the amount due such employee shall file such time check with the city clerk and the amount due upon such time check may be paid the owner thereof from the proceeds due such contractor upon the next succeeding estimate allowed upon the contract under which the work represented by such time check was performed. Every such contract shall provide that a certain percentage (not less than 10 percent) be reserved out of the moneys earned upon the said contract, and that said percentage shall not be payable until such contractor shall satisfy the commission or officer letting the contract, that all workmen have been fully paid. (Ord. 179 § 9, 1907)
1.10.190 Public works – Contractor’s employees – Failure to pay – Effect.
Whenever the city commission shall notify the contractor, by notice personally served, or by leaving a copy thereof at the contractor’s last place of abode that no further vouchers or estimates will be issued, or payments made upon said contract until the workmen and employees have been paid, and the contractor shall neglect or refuse for the space of 10 days after such notice shall have been served to pay such workmen or employees it shall and may be lawful for the city to apply any money due or that may be due, under the contract, to the payment of said workmen and employees without other or further notice to said contractor; but the failure of the city to retain or apply any such moneys, or of the city commission or other officers to order to direct that no vouchers or estimate shall issue or further payments be made, shall not, nor shall the paying over of such reserved percentage without such workmen or employees being first paid, in any way affect the liability of the contractor or his sureties to the city or to any workmen or employees or material men, upon any bond given in connection with such contract. (Ord. 179 § 10, 1907)
1.10.200 Public works – Contractors – Partial payment.
In cases where the contractor or contractors, shall proceed to properly perform and complete their said contracts, the said city commission may, from time to time, as the work progresses, grant to said contractor or contractors, an estimate of the work already earned reserving 10 percent therefrom, which shall when approved by the city engineer and the city commission, entitle the holder or holders to receive the amount that may be due thereon. (Ord. 179 § 11, 1907)
1.10.210 Public works – Suspension of contract – Continuation by city.
In case the prosecution of any work be suspended in consequence of the fault of any contractor, or contractors, or in case the bids for so doing such work shall be deemed excessive, or the person or persons making proposals are not in the opinion of the said city commission responsible or fit to be entrusted with this performance, said city commission, where the emergency of the case and the interests of the city require, may employ workmen to perform or complete any improvement ordered by the city commission provided that the cost and expense thereof shall in no case exceed the amount assessed or the sum appropriated, for completing the same. (Ord. 179 § 12, 1907)
1.10.220 Public works – Performance bonds – Requisites.
Whenever any work or improvement is let by contract to any person or persons, firm or corporation, the officers of the city letting the same shall, in all cases, take a bond from such person, persons, firm or corporation, with some surety company authorized by the laws of the state of Washington, to become surety upon such bonds as surety thereon, in an amount not less than the contract price to be paid for the performance of said contract. Such bond shall be conditioned upon the faithful performance of the contract, in the time and manner therein required and the faithful compliance with all the terms and provisions thereof; also save, indemnify and keep harmless the said city against all liabilities, judgments, costs and expenses which may, in any wise, accrue against said city in consequence of the failure of said contractor or contractors to perform such contract in accordance with the terms and conditions thereof and to comply with the covenants and agreements therein contained, or which may in any wise result from the carelessness or neglect of such contractor or contractors, or his, their or its agents, employees or workmen, in any respect whatsoever; and such bond shall further contain a covenant that whenever any judgment is recovered against the city for any such liability, costs or expenses, such judgment shall be conclusive against the principal and sureties upon the bond, not only as to the amount of the damages, but also for their liability; provided that reasonable notice has been given to such parties of the pendency of such action. Such contractor or contractors shall also make and file such bond or bonds for the protection of the pay of all laborers, mechanics, materialmen and others, as are or may be provided by law. (Ord. 179 § 13, 1907)
1.10.230 Public works – Performance bonds – Approval.
The bonds required by this chapter shall be submitted to the city attorney for examination and certified to their proper and legal execution. They shall, before acceptance, be approved by the mayor. No contract shall take effect until the bond required by this chapter, certified by the city attorney and approved by the mayor, has been filed. (Ord. 179 § 15, 1907)
1.10.240 Public works – Contracts – Retention of funds.
Whenever, in the judgment of the city commission, it is necessary to retain a portion of the sum agreed to be paid the contractor for any period after the completion of the work and acceptance by the city, the city commission may so provide in the contract. (Ord. 179 § 14, 1907)
1.10.250 Public works – Contracts – Provision.
All contracts shall contain a provision that the same is accepted subject to all the conditions and requirements of this chapter. (Ord. 179 § 16, 1907)
1.10.260 Use of debit/credit cards for payment of fees and fines.
(1) Authority to Contract. The finance director is hereby authorized for and on behalf of the city of Wenatchee to execute an agreement or agreements with one or more banks for the use of debit/credit cards for payment by the public of fees and fines imposed by the city of Wenatchee. The agreement shall provide for acceptance of Visa and MasterCard credit cards; may provide for acceptance of other cards; may provide for payment by the city of fees in accordance with the bank’s schedule of fees for accounts of similar volume subject to change from time to time; and may provide for use of equipment provided by the bank. The city reserves the authority to execute agreements with other companies offering credit card services for the payment of city imposed fees and fines.
(2) Authority to Approve Departments and Set Limits. Effective upon execution of the agreement authorized in subsection (1) of this section, the finance director is authorized, in his or her discretion, to approve a city department or departments to accept debit/credit cards for the payment of city-imposed fees and fines. No department shall accept debit/credit cards for the payment of city-imposed fees and fines without such approval. The finance director is further authorized to establish appropriate business practices and set any limitations concerning the acceptance of debit/credit cards on participating departments.
(3) Cost. Each department authorized by the finance director to accept debit/credit cards shall be solely responsible for the costs incurred for accepting debit/credit cards for the payment of city imposed fees and fines that it collects or that are collected on its behalf. The finance department will deduct bank charges from amounts credited to each department’s revenue account. (Ord. 2001-07 §§ 1, 2, 3)