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HomeMy WebLinkAboutResolution_02-22_1/13/2022RESOLUTION 02-22 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING AND ADOPTING REVISED PURCHASING POLICIES AND PROCEDURES, PROVIDING GUIDANCE AND INSTRUCTION FOR STAFF; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, staff is submitting to the Village Council a revised purchasing policy, attached hereto as "Exhibit A", establishing administrative policy for the Village of Tequesta; and WHEREAS, the revised policy updates the Village's current practices and procedures, and brings the Village into compliance with purchasing "best practices" and establishes the overall procedures for purchasing -related activities; and WHEREAS, an adequate purchasing policy serves as sound guidance to ensure that the Village's taxpayers receive the best value for Village purchases; and to establish proper controls, cooperative assistance and lawful practices that are efficient and effective in obtaining the goods and services needed for Village operations; and WHEREAS, the attached "Exhibit A", from time to time, will be modified, updated and amended by the Village Council, based upon policies as determined by Village Council, statutory and other compliance requirements, changing market conditions, and/or recommendations and proposed modifications from Village Management. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Resolution 02-22, revising the purchasing policies and procedures of the Village of Tequesta, Florida is hereby approved and adopted as submitted and attached hereto as "Exhibit A". Section 2: This Resolution shall become effective immediately upon passage. EXHIBIT A VILLAGE OF TEQUESTA, FLORIDA PURCHASING POLICIES AND PROCEDURES Directive No. 07-18/19 Effective Date January 13, 2022 Table of Contents I. OBJECTIVE......................................................................................................................1 II. EXCEPTION......................................................................................................................1 III. RESPONSIBILITY................................................................................................................1 IV. DEFINITIONS....................................................................................................................1 V. ETHICAL CONDUCT........................................................................................................5 VI. AUTHORITY AND RESPONSIBILITY...................................................................................6 A. User Department................................................................................................................ 6 B. Finance Department.........................................................................................................7 C. Designees............................................................................................................................ 7 VII. PURCHASE REQUISITION/PURCHASE ORDERS..............................................................7 A. Purchase Requisitions.........................................................................................................7 B. Purchase Orders.................................................................................................................a VIII. LEASE AGREEMENTS.......................................................................................................9 IX. CONTRACTS....................................................................................................................9 X. PROCUREMENT THRESHOLDS........................................................................................9 A. Discretionary Procurement...............................................................................................9 B. Informal Procurement........................................................................................................9 C. Formal Procurement..........................................................................................................9 D. Competitive Procurement................................................................................................9 XI. METHODS OF ACQUISITION — COMPETITIVE PROCUREMENT...................................10 A. Sealed Competitive Bids.................................................................................................10 B. Request for Proposals/Requests for Qualifications......................................................10 C. Invitation to Negotiate....................................................................................................10 D. Requests for Information.................................................................................................1 1 E. Submissions........................................................................................................................11 F. Evaluation Procedures.....................................................................................................11 G. Village's Reservation of Rights........................................................................................13 XII. ADDITIONAL REQUIREMENTS.......................................................................................13 XIII. EXCEPTIONS..................................................................................................................14 A. General Exceptions from Procurement Threshold Requirements..............................14 B. Utilization of Other Governmental Entities' Contracts................................................14 C. Cooperative Acquisitions................................................................................................15 D. Sole Source and Village Standard.................................................................................15 E. Emergency Acquisitions..................................................................................................15 F. Best Interest Acquisitions.................................................................................................16 XIV. VILLAGE COUNCIL APPROVAL...................................................................................16 XV. PROTEST PROCEDURES.................................................................................................16 A. Standing.............................................................................................................................16 B. Procedure..........................................................................................................................16 XVI. CHANGE ORDERS........................................................................................................19 A. Village Council Approved Contracts............................................................................19 B. Village Manager approved contracts........................................................................19 XVII. REVENUE GENERATING CONTRACTS..........................................................................19 XVIII. AUTHORITY TO DEBAR OR SUSPEND...........................................................................20 A. Authority............................................................................................................................20 B. Decision............................................................................................................................. 20 C. Criteria...............................................................................................................................20 D. Finality of Decision............................................................................................................20 E. Appeal...............................................................................................................................20 F. Reinstatement...................................................................................................................21 XIX. CONE OF SILENCE........................................................................................................22 A. Prohibited Communication............................................................................................22 B. Effective Dates..................................................................................................................22 C. Notice................................................................................................................................22 D. Permitted Communication.............................................................................................23 E. Violations...........................................................................................................................23 XX. LOCAL BUSINESS PREFERENCE PROGRAM.................................................................23 XXI. FEDERAL AND STATE PROJECTS; FEDERAL GRANTS...................................................25 XXII. PRE -QUALIFICATION OF BIDDERS - CONSTRUCTION PROJECTS; BONDS................25 XXIII. PAYMENT.......................................................................................................................25 XXIV. CREDIT MEMOS............................................................................................................27 XXV. ADVANCING PERSONAL FUNDS.................................................................................27 XXVI. FISCAL YEAR-END PROCEDURES.................................................................................27 Village of Tequesta, Florida PURCHASING POLICIES AND PROCEDURES Directive Number 07-18/19 I. OBJECTIVE This directive will apply to all purchases of the Village irrespective of the funding source. This directive is designed to ensure that the Village procures all items at the lowest and best price consistent with the quality of materials, workmanship or level of service performance required. No purchase of items shall be authorized unless adequate funds have been appropriated. II. EXCEPTION Grant agreements may contain provisions or requirements related to purchasing procedures, the disposition of fixed assets, etc., that differ from the Village's procedures. In the event that there is a conflict between a grant provision/requirement and a Village procedure, the grant provision/requirement will take precedence over the Village procedure. III. RESPONSIBILITY It shall be the responsibility of the Village Manager and all employees involved in the purchasing process to comply with all procedures, guidelines and instructions as set forth in this directive. IV. DEFINITIONS AGREEMENT - see contract. APPROPRIATION -An act of the Village Council that authorizes the expenditure of specific dollar amounts for various purposes including the purchase of items. AUTHORIZATION - An act by an authorized officer, approving the expenditure of Village funds. For the originating department, the authorizing officer is the Department Director or designee. For the Finance Department, the authorizing officer is the Finance Director or designee. For all purchases over $10,000.00, authorization must also come from the Village Manager or designee. AWARD — Award means the acceptance of a bid, offer, or proposal by the proper governmental authority. CHANGE ORDER -A modification to an original contractor change in contract scope, which occurs during the provision of contractual services which may result in an increase or decrease in contract cost and/or contract time. COMPETITIVE PROCUREMENT - The use of an invitation to bid, a request for proposals, a request for qualifications, or an invitation to negotiate. CONSULTANT'S COMPETITIVE NEGOTIATIONS ACT or ("CCNA") - The common name for F.S. 287.055, as may be amended, concerning the procurement of architectural, professional engineering, landscape architecture, and registered land surveying and mapping services, as defined by state law. CONTINUING CONTRACT A contract for architectural, professional engineering, landscape architecture or registered land surveying and mapping services entered inaccordance withthe Consultants Competitive Negotiations Act (F.S. 287.055) whereby the firm or individual provides the professional services to the Village on an on -going basis. CONTRACT - A written commitment between the Village and a vendor, which obligates the Village to pay the vendor a specific dollar amount for the provision of specific items or services. CONTRACTOR — any person or entity currently under contract with the Village. DESIGNEE - An individual appointed by an authorized officer to approve expenditures. ELECTRONIC — Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. ELECTRONIC SIGNATURE — a manual or electronic identifier or the electronic result of an authentication technique attached to, or logically associated with, a record that is intended by the person using it to have the same full force and effect as a manual signature. EMERGENCY PURCHASE - As used in this purchasing directive and procedures document, an emergency is a circumstance in which damage to Village facilities, personnel or serious damage to Village programs will result if prompt action is not taken. An emergency purchase would be required by a sudden and unexpected turn of events (acts of God or uncontrollable circumstances) which involves, orcould involve, athreatto the health, safety and welfare of citizens, and which can be rectified in whole or in part by the immediate purchase of items or services. Emergency purchase orders are considered on their individual merits. They will be processed as emergencies only when the Village Manager determines that it is necessary, based on the originating department's written explanation. ENCUMBRANCE - Reservation of Village funds that have been authorized for a purchase that has not yet been completed. K EVALUATION COMMITTEE — a group of persons appointed as provided for herein to recommend a vendor or vendors to provide goods or services, or both, for a particular project by ranking them in preferential order or by some other method. FISCAL YEAR — The period of time beginning on October 1 of any year and ending September 30 of the following year. INVITATION TO BID ("ITB") — a sealed competitive method of soliciting bids which is used when there is no substantial difference between the products or services that meet the specifications of the Village; the only real difference between the submissions is the price. INVITATION TO NEGOTIATE — a sealed competitive method intended to determine the best method for achieving a specific goal or solving a particular problem and identifies one or more responsive vendors with which the Village may negotiate in order to receive the best outcome. Evaluation of the responses is based on prior established criteria, which may include, but may or may not be totally limited to price. LAW ENFORCEMENT TRUST FUNDS (Forfeiture Funds) - Those funds governed as to their use by Chapter 932, F.S. These funds may only enter the purchasing process after a recommendation of funding use is provided by the Chief of Police and approved by the Village Council. LOCAL BUSINESS — a business which, at least one year prior to the release date of the initial solicitation, has a valid local business tax receipt issued by the Village to do business in the Village and a physical business address located within the limits of the Village from which its business is conducted. Post office boxes are not verifiable and shall not be used for the purpose of establishing said physical address. MINOR IRREGULARITY — a variation from the sealed competitive method, which does not affect the proposed price or give the offeror an advantage or benefit not enjoyed by other offerors, or does not adversely affect the fundamental fairness of the sealed competitive method. OFFEROR — a bidder, proposer, vendor, or other person or entity who submits a response to a sealed competitive method or written quotations method. PERSON - any natural person or entity including, but not limited to, a corporation, partnership, sole proprietorship, an estate, trust, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. PREPAYMENT - to pay an agreed upon sum before receiving the item(s). PURCHASE — the acquisition of goods or services including construction. 3 PURCHASE ORDER - a document issued by a buyer to a seller indicating descriptions, types, quantities, agreed prices, date of performance or shipment for items and other associated terms and conditions the seller will provide to the buyer. PURCHASE REQUISITION - a request to proceed with a purchase. It is also called a purchase order request. It is originated and approved by the department requiring the items. A purchase requisition is owned by the originating department and should not be changed without obtaining approval from the originating department. A purchase requisition is not a purchase order and should not be used to purchase items or be used as an authorization to pay an invoice from a supplier or service provider. REQUEST FOR INFORMATION ("RFI") — a non -binding method whereby input from interested parties for an upcoming solicitation is solicited to obtain comments, feedback or reactions from potential suppliers prior to the issuance of a solicitation. Generally, price or cost is not required. Feedback may include best practices, industry standards, technological issues, etc., in order to assist in the finalization of the technical specifications, design specifications, or statements of work. REQUEST FOR PROPOSALS ("RFP") — an evaluation based sealed competitive method used to solicit proposals from prospective offerors for goods and services. An RFP is characterized by description of the desired results (scope of work) and the evaluation of proposals based on a predetermined set of evaluation criteria, including price; however, price need not be the primary factor. RFP's provide for the negotiation of all terms, including price, prior to contract award and may include a provision for the negotiation of best and final offers from all proposers. RFP's may be a single-step or a multi -step process. REQUEST FOR QUALIFICATIONS ("RFQ") — a sealed competitive method for selecting a pool of pre -qualified vendors whereby all vendors are invited to submit statements of qualifications and state their interest in performing a specific job or service. From these statements of qualifications, the Village evaluates based on a set of pre -determined criteria and determines which vendors shall be selected and pre -qualified for a subsequent invitation to bid or formal quote process. RESPONSE — a bid, proposal, statement of qualifications or other type of response submitted by an offeror in response to a sealed competitive method or written quotations method issued by the Village. RESPONSIVE BIDDER OR PROPOSER — an offeror who has submitted a response which conforms in all material respects to a competitive solicitation. A response of a responsive offeror must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the competitive solicitation by the due date and time. 4 SOLESOURCE- Theacquisition of items that for all practical purposes can only be obtained from a single vendor, usually because of limiting technology, technological compatibility with existing systems or items already in use by the Village or other unique qualities of the items that preclude a competitor's price comparison. The Village Manager must approve all sole source purchases. SUSPENSION — action taken by the Village to temporarily disqualify a vendor from Village contracts. VENDOR — a person or entity that is currently supplying any goods or services to the Village; that has supplied any goods or services to the Village within the current or prior two fiscal years; or has, by submitting a response to a currently open sealed competitive solicitation method, expressed an interest in supplying any goods or services to the Village. V. ETHICAL CONDUCT A. Any attempt by Village employees to realize personal gain by conduct inconsistent with proper discharge of their duties is a breach of public trust. Any effort to influence any public employee to breach the standards of ethical conduct set forth in this Policy is also a breach of ethical standards. The provisions of Village ordinances, county ordinances and state statutes shall be strictly enforced to preserve the public trust. Village personnel shall comply with the Palm Beach County Code of Ethics as well as the State of Florida Code of Ethics. B. The Village shall not execute a contract if there has been a violation of this section, any ethics provision of a procurement solicitation, or any local, state, or federal law, including, but not limited to: 1. Conflicts of interest; 2. Kickbacks, 3. Solicitation of procurement by payment of a gratuity or offer of employment; 4. Acceptance of a gratuity or offer of employment resulting from solicitation of procurement; 5. Violations of the cone of silence; 6. Any other improper or unlawful attempt to influence the outcome of a procurement. C. Unauthorized purchasing practices. An unauthorized purchase occurs when any employee of the Village orders, contracts for or buys any services, materials or supplies outside the purview of the Village Charter and/or this Policy. Any individual making an unauthorized purchase may be subject to disciplinary action as appropriate, which may include termination and/or prosecution. The following are unauthorized purchasing practices: 6 1. Artificially dividing purchases into multiple segments in an attempt to issue single orders below the dollar threshold requirements as established herein (also known as "stringing" or "splitting purchase orders") is prohibited. 2. Purchasing any supplies or services above the thresholds delineated herein directly from a vendor. 3. Committing to a purchase without issuance of an authorized purchase order, when one is required. 4. Obtaining items available on an existing Village term contract when one is required. 5. Providing false information such as false quotations (without actually contacting and obtaining a quotation, bid or proposal from a vendor). 6. Adding unauthorized purchases to previously approved purchase orders without approval of the appropriate approval authority and subsequent modification of the purchase order. D. Any contracting entity, including subcontractors, who is involved with developing or drafting the specifications, requirements, statement of work, invitation for bids or requests for proposals shall be excluded from competing for such procurements. VI. AUTHORITY AND RESPONSIBILITY The Village has determined that purchasing and contracting decisions are made most effectively by the end -user of the items. This approach requires that employees involved at every stage ofthe purchasing process take responsibility for understanding the Village's policies and procedures regarding purchasing and vendor relations. Employees must be authorized to commit the Village's resources to make a purchase and are subject to disciplinary action up to and including the termination of employment if proper authorization is not obtained. The Finance department has the right to review and question any purchasing transaction. A. User Department Department personnel are responsible for the following: 1. Ascertaining needs and determining the bonafide business purpose of the transaction. 2. Conducting price or cost analysis to ensure the Village is making the most efficient, effective and economical purchases reasonably possible. 3. Monitoring department's budget and verifying funding is available prior to committing to the purchase. 4. Selecting a vendor in a fair, impartial and consistent manner when competitive procurement is not required. 5. Initiating a purchase requisition/purchase order. 6. Verifying that all purchases for their department follow the Village's purchasing policies and procedures. 7. Ensuring the proper receipt of ordered items. 8. Reviewing invoices or purchases, verifying that the receipt of ordered purchases agrees with the purchase order and forwarding approved invoices to the Finance Department in a timely manner for payment. 9. Negotiating and resolving disputes with vendors. B. Finance Department The Finance Department is responsible for: 1. Reviewing all purchase requisitions for completeness and for proper usage of accounts as well as ensuring that funding is available in the applicable budget. 2. Reviewing all purchase requisitions to ensure compliance with current purchasing policies and procedures. 3. Preparing purchase orders from completed purchase requisitions for issuance to vendors. 4. Paying invoices. C. Designees Department Directors are ultimately responsible for the purchasing activities of their departments and must sign all purchase requisitions. Directors may delegate requisition approval authority to another employee within their department by completing a Delegation of Authority Form and sending it to the Finance Department where it will be kept on file. Directors are responsible for ensuring that their designees have access to and are knowledgeable of current purchasing policies and procedures. VII. PURCHASE REQUISITION/PURCHASE ORDERS Purchase requisitions and purchase orders are required for acquisitions of items with a total purchase price of $10,000.00 or more. A. Purchase Reauisitions 1. The originating department will be responsible for completely and accurately preparing the requisition. The purchase requisition must include descriptions, prices, quantities, terms, delivery, vendor, contract numbers, charge (account) codes and any other standard or 7 special instructions or explanations 2. Purchase requisitions may not be approved for any purchase that would result in spending in excess of amounts authorized in the annual budget. 3. Departments may take advantage and "piggyback" a State or other government entities' purchasing contract as long as the contract is current and was procured with the same level of formality as the Village would have otherwise required. Purchase requisitions for piggyback contract items must comply with the specifications of the piggyback contract listing. 4. If circumstances do not allow for or require competitive procurement (e.g. emergencies, sole -source, piggyback, etc.), reasons for the exception to directive must be fully documented and approved by the Village Manager. B. Purchase Orders 1. All purchase orders are to be processed prior to the purchase of goods or services from outside vendors. 2. Blanket Purchase Orders - Blanket purchase orders permit multiple purchases from the same vendor using the same index, and may be used when the originating department: a. Needs to purchase specific items or services repetitively over a specified time period (usually one(1) year; or b. Needs to frequently purchase low dollar goods or services and can obtain more favorable pricing through volume commitments. 3. Blanket purchase orders should not be used when: a. A price agreement or business terms are not negotiated with the vendor; or b. Control over the department's expenditures would be weakened significantly. 4. The Finance Department will generate the purchase orderonce the Village Manager and the appropriate directors or designees have approved the requisition. Orders must be placed only for items included on the approved requisition. 5. Splitting orders, or even failing to combine orders when this logically should be done in the interest of economy, for the purpose of keeping total cost of each order below purchase order and/or bid limits, will be construed as a deliberate evasion of this directive, subjecting the violator to discipline per Village policy. N Vill. LEASE AGREEMENTS Department Directors are required to submit a copy of all lease agreements associated with their department to the Finance Department at the beginning of each fiscal year or when entered into during the fiscal year. No lease agreement invoice will be processed without this supporting documentation. The originating department will prepare an annual requisition and the Finance Department will create and issue purchase orders from properly approved purchase requisitions. These purchase orders shall not exceed the end of the fiscal year in which they were issued. Lease invoices will then be paid by the Finance Department each month oras noted in the signed lease agreement. IX. CONTRACTS All contracts of $10,000.00 or greater, and all progress payments will be entered through the purchasing system as a purchase order so that the entire contract amount for the fiscal year is encumbered in the accounting system immediately. Contracts in progress will need to be requisitioned at the beginning of a new fiscal year. X. PROCUREMENT THRESHOLDS In order to ensure that all items are procured in the most efficient, effective and economical manner available, the Village of Tequesta uses a four (4) tiered procurement process: A. Discretionary Procurement Purchases of less than $10,000.00 are at the discretion of department staff. The department staff member making the purchase is required to make a reasonable attempt to ensure that the Village receives the lowest and best price that is consistent with the desired quality of items, physical convenience/distance, workmanship and/or level of performance. B. Informal Procurement Purchases of $10,000.00 but less than $25,000.00 require at least three written quotes ("written quotations method"), which will be on company letterhead, and attached to the purchase requisition. C. Formal Procurement Purchase of $25,000.00 but less than $200,000.00 require public notice and at least three written quotes, which will be on company letterhead and attached to the purchase requisition. D. Competitive Procurement Purchases of $200,000.00 or more require the use of a Competitive Procurement process. 17 XI. METHODS OF ACQUISITION — COMPETITIVE PROCUREMENT Acquisitions of or contracts for non -real property, goods or services where the annual expenditure by the Village (excluding expenditures relating to change orders) is estimated to be $200,000 or greater shall be subject to a sealed competitive method, unless the Village utilizes one of the other purchasing methods established in Section X. A. Sealed Competitive Bids Sealed competitive bids are utilized where price, responsiveness, and responsibility are the sole determining factors. B. Request for Proposals/Requests for Qualifications Requests for proposals and requests for qualifications are utilized where price, responsiveness, and responsibility are not the sole determining factors. An evaluation committee, appointed by the Village Manager, shall review the submissions received by the Village in response to requests for proposals and requests for qualifications and make a recommendation to the Village Council. The evaluation committee shall terminate upon the award of the contract, cancellation of the sealed competitive method, or such other time as determined by the Village Council. C. Invitation to Negotiate When the Village Manager or designee determines that procurement by an invitation for bids, request for proposals or request for qualifications or other solicitation method, is not in the best interest of the Village, and that negotiation may be necessary for the Village to receive the best value, the Village Manager or his designee may acquire or contract for non -real property, goods, or services by competitive sealed replies through an invitation to negotiate ("ITN"). This section shall not apply to procurements governed by the CCNA. 1. Evaluation criteria. The ITN shall state the criteria to be used in the evaluation of the replies and shall include the relative importance of the criteria. Price may or may not be included and can be reserved for the negotiation phase. 2. Negotiations. The Village Manager shall appoint a negotiator or a negotiation team. Negotiations may be conducted with one or more respondents. Negotiations may be either sequential or concurrent as determined by the Village Manager. 3. Award. Contract award shall be made to the responsive and responsible respondent determined to offer the best value to the Village and who is determined to be most capable of assisting the Village in achieving the 10 objectives of the procurement, taking into consideration the evaluation criteria set forth in the ITN. D. Requests for Information When it is deemed necessary by the Village Manager to assess the market, feasibility of a proposed project, service, or commodity, or when vendor input to specifications or a scope of work would result in a more competitive and fair sealed competitive method, a request for information ("RFI") may be issued requesting submission of unpriced offers, products, or scopes of services, which may be followed by subsequent sealed competitive method that is not limited to those firms who responded to the RFI. E. Submissions It shall be the sole responsibility of the bidder, proposer, or responder to have the bid, proposal, or response submitted to the Village as required in the solicitation document before the specified closing date and time. Bids, proposals, or responses received after the closing date and time shall not be considered. The time clock specified in the solicitation documents shall govern. All bids, proposals, and responses submitted pursuant to a sealed competitive method shall remain sealed until they are opened publicly on the date and time and location stated in the notice to bidders, proposers, or responders, or as may be amended by addendum. F. Evaluation Procedures 1. All timely submitted responses will be reviewed for responsiveness/responsibility, which may include the following: a. Whether the bidder/proposer has the required licenses or certifications; b. Litigation history; c. Contractual disputes; and d. Whether all required forms have been submitted. 2. An evaluation committee appointed by the Village Manager or designee shall be established consisting of at least one member from the user department, but shall not consist of all members of the user department, and others who have expertise that will assist in the necessary evaluation of responses. To the extent a committee member becomes unable to serve, the Village Manager may appoint a replacement member. The evaluation committee shall have a minimum of three members and no more than seven members. All meetings of the evaluation committee shall be conducted in a manner consistent with the Sunshine Law and all proposers shall receive notice of public evaluation meetings by electronic communication. A quorum of the committee must be present at 11 scheduled evaluation meetings where official acts are to be taken. A majority of the committee members shall constitute a quorum, except that in no event shall a quorum be fewer than three members. All members shall be free of any conflicts of interest as set forth in F.S. Ch. 112. 3. The evaluation committee shall evaluate all responsive responses based on the evaluation criteria, which shall be stated in the sealed competitive method document and if the evaluation criteria is weighted, such information shall also be included in the solicitation document. The procedure for reviewing and scoring the responses shall provide for an initial independent evaluation by each evaluation committee member and that each evaluation committee member have equal weight in the scoring and ranking of the responses. The evaluation committee may discuss the responses at publicly held evaluation committee meetings and reserves the right to amend their initial scores based on the discussions held. 4. The evaluation committee may reduce the number of firms after the initial evaluation and ranking to a short list of a minimum of three (provided at least three firms applied) based on the ranking. The evaluation committee may hold discussions, interviews, presentations or other similar proceedings with all short-listed firms at a subsequent meeting. The evaluation committee reserves the right to amend their scores and re -rank short-listed firms based on the discussions, interviews, presentations, or other proceedings held. In re -ranking the short-listed firms, the evaluation committee shall attempt to select the best qualified firm(s) for the particular project based upon the information provided during the discussions or interviews with the offerors or the presentations given by the offerors, and the materials presented and the responses. 5. The evaluation criteria, in addition to price when applicable, at a minimum, shall include the following: a. The ability, capacity and scale of the bidder/proposer to perform the contract; b. Whether the bidder/proposer can perform the contract in the time specified, without delay or interference; c. The character, integrity, reputation, judgment and experience and efficiency of the bidder/proposer; d. The quality of performance on previous public or private contracts of a similar nature; e. The previous and existing compliance by the bidder/proposer with laws and ordinances relating to the contract. 12 f. Alternate or additional criteria may be used in the discretion of the Village Manager based upon his/her determination of the factors that will enable the Village to obtain the goods or services requested at the best value and in the most efficient and cost effective manner. This section does not apply to sealed competitive methods issued pursuant to the CCNA. For CCNA solicitations, the criteria shall be consistent with the requirements of F.S. § 287.055. 6. The evaluation committee's rankings and recommendations shall be reported to the Village Council. The Village Council, by majority vote, has the option to either (1) approve the evaluation committee's ranking/evaluation and recommendation; (2) reject all submittals based upon a stated reason; or (3) send the ranking/evaluation back to the evaluation committee to conduct further evaluations consistent with the requirements of the sealed competitive method and the evaluation committee may either ratify the ranking/evaluation or re -rank the firms. G. Village's Reservation of Riqhts The Village may utilize a sealed competitive method for any acquisition that the Village deems appropriate regardless of the estimated cost of the acquisition. The Village Manager may waive minor irregularities in the sealed competitive method process. The Village, in its discretion, reserves the right to reject all proposals at any point in the process prior to the full execution of an agreement with the selected vendor. XII. ADDITIONAL REQUIREMENTS All contracts shall be approved by the Village Attorney as to form and legal sufficiency. All contracts with a value less than the threshold amounts set by Resolution of the Village Council may be signed and executed by the Village Manager, providing that such contracts are presented to the Village Council after execution. All contracts exceeding the threshold amount as set by Resolution of the Village Council must be approved by the Village Council before being signed and executed. The procurement of engineering, architecture, landscape architecture and surveying services that exceed thresholds set by state law for planning and construction activities shall be pursuant to the requirements of the Consultants Competitive Negotiations Act ("CCNA") (287.055, F.S.). It is an express violation of this directive (policy) to intentionally "split" contracts or purchase orders or otherwise manipulate them for the purpose of avoiding dollar 13 limitations or any of the Village's purchasing policies. XIII. EXCEPTIONS A. General Exceptions from Procurement Threshold Requirements The following procurements shall be exempt from the Village's various procurement threshold requirements: Contracts for utilities (water, sewer, gas, electrical and other utility services); artistic services; academic program reviews; lectures; legal services; travel, education and training; health services; services for persons with mental or physical disabilities; Medicaid services; family placement services; prevention services (mental health, child abuse, drug abuse and runaway services); workers' compensation related training services; contracts entered into with other government agencies, and contracts with other persons possessing a high degree of professional skill shall be exempt from the Village's various procurement threshold requirements. The Finance Director and Village Manager's authorization, as evidenced by a manual signature, shall not be required for any normal and customary payroll related expenditure. The approval of the Village Council shall not be required for any interim payment when the full cost has been previously approved. Changes to purchases previously approved may be authorized by the Village Manager provided the total dollar amount and other substantial matters do not exceed previously authorized maximum limits granted by the Village Council. B. Utilization of Other Governmental Entities' Contracts 1. The Village may acquire or contract for non -real property, goods, or services without utilizing a sealed competitive method where the desired non -real property, goods, or services are the subject of a contract with state governments, their political subdivisions, or other local governmental entities within the United States, with associations affiliated with state and/or local governmental entities or departments (such as the Florida Sheriffs Association and the Florida Fire Chiefs' Association), or with the United States government, provided that the contract was awarded based strictly on competitive bidding, and provided that the form of the contract is acceptable to the Village Attorney. 2. Utilization of other government entities' contracts shall only be permitted during the term of the other governmental entity's contract. 14 The term of the Village's contract shall extend no more than six months from the expiration date. including expiration of any renewals, of the other governmental entity's contract. C. Cooperative Acquisitions The Village may acquire or contract for non -real property, goods, or services where the Village participates in joint procurement of non -real property, goods, or services with other public entities, including, but not limited to, acquisitions made pursuant to interlocal agreements entered into with other governmental entities in accordance with F.S. Ch. 163. D. Sole Source and Village Standard 1. Sole source. The Village may acquire or contract for non -real property, goods, or services that are available to the Village from only one source without utilizing the sealed competitive method or written quotations method. Sole source acquisitions where the annual expenditure by the Village (excluding expenditures relating to change orders) is estimated to be $25,000.00 or greater shall be subject to approval by the Village Council. 2. Village standard. Where the Village has determined that a particular style, brand, make, or model is the only type that meets the Village's requirements for performance, consistency, compatibility, or other salient characteristics, and the Village Council has approved such standard, and such determination has resulted in there being only one source available to the Village, the Village may acquire or contract for such goods without utilizing a sealed competitive method. Village standard acquisitions where the annual expenditure by the Village (excluding expenditures relating to change orders) is estimated to be $25,000.00 or greater shall be subject to approval by the Village Council. E. Emergency Acquisitions It is the intent of the Village Council to grant the Village Manager the authority to act during an emergency to protect the public health, safety and welfare, in certain circumstances, without the prior approval of the Village Council, including the execution of required contracts. For the purposes of this subsection a non -declared emergency shall mean an adverse condition or circumstance in which the public health, safety or welfare is immediately and significantly threatened. A significant interruption or delay in the provision of municipal services shall be deemed an immediate threat to the public welfare. A declared emergency shall be such emergency as declared by the appropriate federal, state or local official. 15 F. Best Interest Acquisitions The Village may acquire or contract for non -real property, goods, or services without utilizing a sealed competitive method or the other purchasing methods prescribed herein where the Village Council declares by a majority affirmative vote that the sealed competitive method or the other procurement methods (i.e., obtaining written quotations) is not in the best interest of the Village, and that such acquisition without utilizing a sealed competitive method or the written quotations method will not inure to the financial disadvantage of the Village. The Village Council shall make specific factual findings that support its determination, and such contracts shall be placed on the regular Village Council agenda. XIV. VILLAGE COUNCIL APPROVAL Acquisitions of $25,000.00 or greater. Acquisitions of or contracts for non -real property, goods, or services where the expenditure by the Village (excluding expenditures relating to change orders) is estimated to be $25,000.00 or greater during the initial contract term, shall be subject to prior approval by the Village Council, except for budgeted direct acquisitions made pursuant to Section XIII herein. Multiple acquisitions from vendor exceeding $25,000.00 in any fiscal year. Acquisitions of or contracts for non -real property, goods, or services from the same person exceeding the aggregate sum of $25,000.00 (whether by a single department or multiple departments) during the course of any fiscal year shall not be permitted from the same person, unless the acquisition is first approved by the Village Council or is a budgeted direct acquisition made pursuant to Section XIII herein. XV. PROTEST PROCEDURES A. Standing Parties that are not actual bidders, proposers, or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this section. B. Procedure Protest of failure to qualify. Upon notification by the Village that a bidder, proposer, or responder is deemed non -responsive and/or non - responsible, the bidder, proposer, or responder who is deemed non- responsive and/or non -responsible may file a protest with the Village Clerk by close of business on the fifth business day after notification (excluding the day of notification) or any right to protest is forfeited. It 16 shall be the sole responsibility of such bidder, proposer, or responder to verify the operating hours of the Village of Tequesta. 2. Protest of award of agreement. After a notice of intent to award an agreement is posted, any actual bidder, proposer, or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Village Clerk by close of business on the fifth business day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of the Village of Tequesta. 3. Content and filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the protest bond are received by the Village Clerk. The time stamp clock located in the Village Clerk's Office shall govern when the protest was received, if such a protest is not submitted electronically. 4. Protest Fee. Any bidder, proposer, or responder filing a protest shall simultaneously provide a protest fee to the Village in the form of a cashier's check or payment bond. The protest fee will be based on the estimated contract amount. The estimated contract amount shall be based upon the pending award amount submitted by the recommended bidder/proposer. If no contract amount was submitted, the estimated contract amount shall be the Village's estimated contract price, in the Village's sole opinion. If the protest is decided in the protester's favor, the entire protest fee shall be returned to the protester. If the protest is not decided in the protester's favor, the protest fee shall be forfeited to the Village. The amount of the protest fee shall be as follows: a. For term contracts that provide for an annual expenditure amount, the protest fee shall be in the amount of (i) $1,000.00 for pending estimated contract awards in the annual amount of $100,000.00 or less, or (ii) one percent of the annual amount of the pending award for estimated contract amounts that exceed $100,000.00 per year, with a maximum deposit of $10,000.00. b. For all other contracts, the protest fee shall be in the amount of (i) $1,000.00 for pending estimated contract awards in the amount of $200,000 or less, or (ii) one percent of the total 17 amount of the pending award for the estimated contract amounts that exceed $200,000, with a maximum deposit of $10,000. c. Costs_ Any and all costs incurred by a protesting party in connection with a protest pursuant to this Policy shall be the sole responsibility of the protesting party. 5. Protest Committee. The protest committee shall review all protests. The Village Manager shall appoint the members of the protest committee. No member of the Village Council shall serve on the protest committee. The Village Attorney or designee shall serve as counsel to the committee. The meeting of the protest committee shall be opened to the public and all of the actual bidders, responders, or proposers shall be notified of the date, time, and place of the meeting. If the protest committee determines that the protest has merit, the Village Manager shall direct that all appropriate steps be taken. If the protest committee denies the protest, the protester may appeal to the Village Council. All of the actual bidders, responders, or proposers shall be notified of the determination by the protest committee. The protest committee shall terminate upon the award of the contract, cancellation of the sealed competitive method, or such other time as determined by the Village Council. 6. Stay of award of agreement or sealed competitive method. In the event of a timely protest, the Village Manager shall stay the award of the agreement or the sealed competitive method unless the Village Manager determines that the award of the agreement without delay or the continuation of the sealed competitive method is necessary to protect any substantial interest of the Village. The continuation of the sealed competitive method or award process under these circumstances shall not preempt or otherwise affect the protest. 7. Appeals to Village Council. Any actual bidder, proposer, or responder who is aggrieved by a determination of the protest committee may appeal the determination to the Village Council by filing an appeal with the Village Clerk by close of business on the third business day after the protester has been notified (excluding the day of notification) of the determination by the protest committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the Village Clerk. 8. Failure to file protest. Any actual bidder, proposer, or responder that does not formally protest or appeal in accordance with this 18 section shall not have standing to challenge the award recommendation or the Village Council's award. XVI. CHANGE ORDERS A. Village Council Approved Contracts Beyond the scope of work. Any change order that materially expands or alters the scope of the work in a Village Council approved contract shall be subject to prior approval by the Village Council, unless the Village Council approved contract authorizes the Village Manager to approve such expansion or alteration of the scope of work. 2. Within the scope of work. The Village Manager may approve a change order provided that it does not materially expand or alter the scope of the work or result in an increase in the contract amount of $25,000.00 or more in a Village Council approved contract. 3. Construction contracts. Notwithstanding subparagraphs (1) and (2) above, the Village Manager may approve a change order increasing the cost of a construction contract up to $25,000.00 or ten percent of the original construction contract amount, whichever is greater, provided that sufficient budgeted funds are available. 4. Extension of project completion dates. Any change order that extends the original substantial or final completion date of a project of a Village Council approved contract shall be subject to prior approval by the Village Council, unless the Village Council approved contract authorizes the Village Manager to extend the completion date of the contract. B. Village Manager approved contracts. The Village Manager is authorized to approve a change order to a contract that did not require Village Council approval, provided that the change order does not cause the total acquisition from the vendor to exceed the aggregate sum of $25,000.00 during the course of any fiscal year. XVII. REVENUE GENERATING CONTRACTS Contracts with any person where the Village estimates the Village will receive revenue in the amount of $25,000.00 or greater over the term of the contract shall require approval by the Village Council and shall be subject to a sealed competitive method. This section shall not apply to the purchase, sale or lease of the Village's real or non -real property or Village -sponsored events. 19 XVIII. AUTHORITY TO DEBAR OR SUSPEND A. Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Village Manager, after consultation with the requesting department and the Village Attorney, may debar a person for cause from consideration for award of contracts. The debarment shall not exceed three years. B. Decision. The pertinent Department Director shall issue a written recommendation to debar or suspend to the Village Manager. The Village Manager shall decide whether to accept the Department Director's recommendation. The recommendation and decision shall: 1. State the reasons for the action taken; and 2. Inform the debarred or suspended person involved of their rights to administrative review, as provided in this section. C. Criteria. 1. A material misrepresentation to the Village; 2. Breach of contract with the Village; 3. Felony convictions, convictions for crimes involving moral turpitude, or "public entity crime convictions" of a "person" or "affiliate" of a person, as defined in Section 287.133, F.S. 4. Failure to comply with the cone of silence; or 5. A finding of violation of the state ethics law or a county or municipal ethics ordinance. D. Finality of Decision. A decision under this section shall be final and conclusive, unless the debarred or suspended person appeals to the Village Council in accordance with subsection (E). E_ Appeal. 1. Right to appeal. Any person that has been debarred or suspended and is aggrieved by the Village Manager's determination may appeal the determination to the Village Council by filing a notice of appeal within seven calendar days of the notice of the Village Manager's determination to debar or suspend. 2. Hearing date. Within 30 calendar days from the receipt of the notice of appeal, the Village shall schedule a hearing before the Village 20 Council, at which time the person shall be given the opportunity to demonstrate why the decision of the Village Manager should be overturned. 3. Hearing procedure. The procedure for any hearing required by this section shall be as follows: a. The Village shall cause to be served upon the person a notice of hearing, stating the date, time and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the person's mailing address on file with the Village. b. The person shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination, and to impeach any witness regardless of which party first called him to testify. c. In any hearing before the Village Council, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the state courts. d. At the conclusion of the hearing, the Village Council will make a determination regarding the appeal. Within 30 calendar days after the hearing, a written notice of the Village Council's determination will be provided to the person who requested the hearing. F. Reinstatement. 1. Grounds. Requests for reinstatement shall be made in writing based upon the following grounds: a. Discovery of new and material evidence not previously available; b. Dismissal of the indictment or reversal of the conviction; or c. Bona fide change in ownership or management sufficient to justify a finding of present responsibility. 2. Procedures. The request for reinstatement shall be forwarded to the Village Manager for a determination on reinstatement. The determination whether to reinstate shall be based on the written submission of evidence, without further hearing. Upon consideration 21 of the written submission and any response from the pertinent Department Director, the Village manager shall make a determination as to whether or not reinstatement is warranted based on the grounds set forth above. XIX. CONE OF SILENCE A. Prohibited Communication. Except as set forth in subsection (d), during the course of a sealed competitive method, a cone of silence shall be in effect between: 1. Any person or entity that seeks a contract, contract amendment, contract renewal, award, recommendation, or approval related to a sealed competitive method or that is subject to being evaluated or having its response evaluated in connection with a sealed competitive method, including a person or entity's representative; and 2. Any Village Council member, the Village Manager or any person or group of persons appointed or designated by the Village Council or the Village Manager to evaluate, select, or make a recommendation to the Village Council or the Village Manager regarding a sealed competitive method, including any member of the evaluation committee. B. Effective Dates. A cone of silence shall begin and shall end for a sealed competitive method as follows: 1. A cone of silence shall be in effect during a sealed competitive method process beginning upon the advertisement for the sealed competitive method or during such other procurement activities as declared by the Village Council. 2. The cone of silence shall terminate at the time the Village Council takes final action or gives final approval of a contract, rejects all bids or responses to the sealed competitive method, or takes other action that ends the sealed competitive method process. C. Notice. When the cone of silence becomes effective for a particular sealed competitive method, the Village Manager or designee shall provide notice of the cone of silence to the Village Council. The solicitation document for the goods or services shall generally disclose the requirements of this section. 22 D. Permitted Communication. 1. The cone of silence shall not apply to written or oral communications with legal counsel for the Village or Village staff acting in the capacity as purchasing agent for the Village. 2. Nothing contained in this section shall prohibit any person or entity subject to this section from: a. Making public presentations at pre -bid conferences or at an evaluation or negotiation meeting related to the sealed competitive method. b. Engaging in contract negotiations with the individual or entity selected to negotiate the terms of the agreement. c. Engaging in contract negotiations with the Village Council during a public meeting. d. Making a public presentation to the Village Council during any public meeting related to the sealed competitive method. e. Communicating with the person or persons designated in the sealed competitive method as the contact person for clarification or information related to the sealed competitive method. The contact person shall not be a member of the evaluation committee or the person designated to negotiate the agreement, except as otherwise provided for in subsection (D)(1) above. 3. The Village's purchasing agent (Finance Department staff) and the Village Attorney shall accept written communications from persons or entities subject to this section during the time a cone of silence is applicable to a sealed competitive method. E. Violations. Any action in violation of this section shall be cause for disqualification of the bid or the proposal. The determination of a violation and the penalty shall be made by the Village Council. XX. LOCAL BUSINESS PREFERENCE PROGRAM Except where prohibited by federal, state or Village law, or funding source restriction mandates to the contrary, in the purchase of goods or general services governed by the procurement policy, preference shall be awarded to local businesses in the following manner: 1. When a responsive, responsible nonlocal business submits the lowest 23 price bid, and the bid submitted by one or more responsive, responsible local businesses is within five percent of the bid submitted by the nonlocal business, then such local businesses shall have the opportunity to submit, within five calendar days of notification by the Village Manager, or designee a best and final bid equal to or lower than the amount of the low bid previously submitted by the nonlocal business. Thereafter, contract award shall be made to the responsive, responsible business submitting the lowest and best and final bid. In the case of a tie in the best and final bid between a local business and a nonlocal business, contract award shall be made to the local business. 2. For all other sealed competitive methods where the objective factors used to evaluate the responses from proposers are assigned point totals. Where evaluation of criteria, including and beyond price, is the determining factor for award, the total score of each individual evaluation committee member's total points of the local vendor will adjust upward by five percent. 3. The determination as to whether a bidder or proposer is a local business shall be made by Village staff based upon documentation submitted by the bidder or proposer at the time of bid or proposal submission as verified by staff. This section shall not apply to professional services procured pursuant to the State of Florida Consultants Competitive Negotiations Act. An eligible bidder or proposer must satisfy the criteria set forth below. The Village has sole discretion in determining whether a business meets the following criteria to qualify for a local business preference: 1. A bidder or proposer shall complete, fully execute and provide all required information contained in the sealed competitive method related to the local business preference program requirements; and 2. In order to qualify for local bidder preference an offeror seeking local vendor preference shall have no history within the prior three years of non-performance, delinquent fees, liens or code violations. In accordance with 2 CFR Sec. 200.319(b), the Village's local business preference program shall not apply to solicitations utilizing federal funding sources. 24 XXI. FEDERAL AND STATE PROJECTS; FEDERAL GRANTS FEMA grant and cooperative agreements requirements ($25, 000.00 or more). Contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non -procurement Debarment and Suspension). These regulations restrict awards, sub -awards and contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, Paragraph I; and Chapter IV, Paragraph 6.d and Appendix C, Paragraph 2. A contract award must not be made to parties listed in the SAM Exclusions (www.sam.gov). SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. XXII. PRE -QUALIFICATION OF BIDDERS — CONSTRUCTION PROJECTS; BONDS The Village Manager, with the recommendation of the department head in charge of the construction project, shall make a determination as to whether the construction project should be bid using the two-step prequalification process. If such a determination is made, the prequalification of bidders shall follow the request for qualifications process. The recommended list of pre -qualified bidders shall include, at a minimum, the three top ranked bidders, assuming three responded to the RFQ. Upon approval of the pre -qualified list of bidders by the Village Council, Village staff may issue an invitation to bid to the pre -qualified bidders. Only those bidders who have been so prequalified may then bid on the project. The Village Council may award the bid to the prequalified bidder who submits the lowest responsive, responsible bid. Bonds. Contractor shall be required to provide a payment and performance bond as provided in Sec. 255.05, F.S., as amended. XXIII. PAYMENT By issuing a purchase order in advance of the purchase, funds are properly encumbered and set -aside to pay these obligations. The encumbrance is not a contract but ensures that the required funding is available to meet the financial obligations. Accounts payable pays invoices for the Village including those for external vendor purchases, employee business travel and entertainment reimbursements, and payments to non -employee independent contractors. 25 It is the originating department's responsibility to approve invoices and submit them to the Finance Department/Accounts Payable within the proper timeframe. Every vendor's invoice is due for payment within some period of time after it is generated. This is normally computed as a number of days after the invoice date. The Village's standard for payment of vendor's invoices is within thirty days of the invoice date. The Village must pay its obligations in a timely manner. Failure to comply with payment terms often leads to: ■ Credit holds, where a vendor refuses to fill any subsequent order until the outstanding obligation has been paid; or ■ Stiffer terms where the vendor may even demand payment in advance -,or ■ Higher prices on future purchases. The Finance Department does what is necessary to prevent any of the above from happening while acting within sound financial controls. Departments must ensure that purchases are properly accounted for to enable the invoice to be paid once it is received by the Finance Department. The Finance Department pays against approved original invoices - not statements, proposals or quotations. The accounts payable staff will match invoices submitted against purchase orders and will give highest payment priority to original invoices supported by properly issued and approved purchase order and confirmation of receipt of items. Payment on Construction Service Contracts: Pursuant to the Florida Prompt Payment Act (F.S. 218.735), payment requests under contracts for construction services shall be paid within 20 days after being stamped "received" bythe Village department (unless an agent is used to approve the payment request, in which case the payment request shall be paid within 25 days after being stamped "received" by the Village department). The payment request may be rejected in writing bythe Village department within 20 days after being stamped "received" by the Village department, in which case the contractor shall revise the payment request and re- submit it for payment, which must then be paid within 10 days after being stamped "received" by the Village department. See the Florida Prompt Payment Act (F.S. 218.735) for additional requirements. 26 XXIV. CREDIT MEMOS If a department believes it is entitled to a credit from a vendor or receives a credit memorandum that is deemed to be valid, thedepartment should notify accounts payable and send all credit memos to Finance for processing. XXV. ADVANCING PERSONAL FUNDS Individuals, as a general rule, should not advance their own funds to purchase supplies and services on behalf of the Village. Purchases should be made through established purchasing policies and procedures. The Village should deal directly with vendors to arrange forthe receipt of items and the payment of obligations. In limited instances, most often related to business travel and entertainment expenses, the department or individual may pay for the item and be reimbursed. If it is necessary that an individual advance money to purchase items for Village business, the immediate supervisor must first authorize the purchase. The reimbursement request must be supported by the business purpose of the transaction, bona -fide proof of payment AND must include the signatures of the purchaser AND of a direct supervisor who can attest to the receipt of the supplies or services by the department. Requests for reimbursement lacking these signatures will be returned to departments. The immediate supervisor should always review and approve a reimbursement request. This is a basic financial control pursuant to Generally Accepted Accounting Principles. XXVI. FISCAL YEAR-END PROCEDURES The Finance Department seeks to close the fiscal year, complete rate change calculations and prepare the Village of Tequesta's financial statements in a timely manner. In order to accomplish this goal, all purchase orders must be received in the Finance Department by August 31 st in order to be processed in the fiscal year ending September 30t'. Any purchase orders received after August 31 st will be held and processed inthefollowing fiscal year and encumbered against the following fiscal year budget. Village of Tequesta Purchasing Policy and Procedures Revised and Approved by Village Council on January 13, 2022. 27 RESOLUTION Date 02-22 01-13-2022 Motion Council Member Bruce Prince Second Council Member Molly Young FOR AGAINST ABSENT CONFLICT Mayor Frank D'Ambra, III ®x 1:1 Vice -Mayor Kyle Stone ®x ® r Council Member Laurie Brandon ©x 0 0 Council Member Molly Young ®x Council Member Bruce Prince ©x The Mayor thereupon declared the Resolution duly passed and adopted MAYOR OF TEQUESTA: v-3 mA M0amie vie ATTEST: Lori McWilliams, MMC Village Clerk vPGpRPOq Q .,NCSEq L CRATED 4. 1