HomeMy WebLinkAboutDocumentation_Regular_Tab 25_5/11/2023Agenda Item #25.
Regular Council
a
STAFF MEMO
Meeting: Regular Council -May 11 2023
Staff Contact: Jeffery Snyder, Finance Director Department: Finance
LTITLE
RESOLUTION 09-23, 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.
The advent of COVI D-19 and all of the ancillary issues caused by the pandemic, i.e. inflation, supply
chain issues, shortages, etc., it has become very apparent that the Village needs to revisit the
purchasing policy to meet these changes. Construction costs have increased substantially, the
difficulties obtaining new fleet vehicles, and the Fire Department's lead time for bunker gear all point to
the need for the Village to update/increase the purchasing thresholds to increase our ability to procure
necessary items more efficiently.
Village Council adopts annually an operating and capital budget which details the spending plan for the
year, by appropriating funds. The Village Council is also asked occasionally to amend this spending
plan based upon emergencies, price increases, changes in priorities, etc. In order for the Village's staff
to purchase goods and services there must be an approved budget. The budget is an intensive process
whereby Village Council attends two to three comprehensive workshops followed by two budget
hearings to ensure that the budget they adopt is accomplishing their strategic plan, their goals, and
their objectives. Raising these purchasing thresholds does not reduce the scrutiny of the operations
and capital plan nor does it change how much is appropriated for purchasing.
The revised purchasing policy will apply to all purchases of the Village, irrespective of the funding
source. This revised policy 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.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
PROJECT NAME: BUDGET: N/A ENCUMBERED: N/A
Proposed: Projected Remaining:
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Agenda Item #25.
N/A
N/A
Staff requests that the Village Council pass the resolution to amend the purchasing policy.
Revised Purchasing Policy Reso. 09-23 ADA
Draft Purchasing Policy V5 - Strike Through Version
Draft Purchasing Policy - Final
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Agenda Item #25.
RESOLUTION 09-23
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 09-23, 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.
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Agenda Item #25.
EXHIBIT A
VILLAGE OF TEQUESTA, FLORIDA
PURCHASING POLICIES AND PROCEDURES
110ronfiup AinMM%ff, n7%WE_�1 QMWE1� a policy Resolution 02-22
Effective Date
wl%r"'%in, 1 3 2022 May 11, 2023
�. -
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Agenda Item #25.
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...............................................................................................................7
B.
Finance Department........................................................................................................7
C.
Designees...........................................................................................................................7
VII.
PURCHASE REQUISITION/PURCHASE ORDERS..............................................................8
A.
Purchase Requisitions.......................................................................................................8
B.
Purchase Orders................................................................................................................9
VIII.
LEASE AGREEMENTS........................................................................................................9
IX.
CONTRACTS..................................................................................................................10
X.
PROCUREMENT THRESHOLDS.......................................................................................10
A.
Discretionary Procurement............................................................................................10
B.
Informal Procurement.....................................................................................................10
C.
Formal Procurement.......................................................................................................10
D.
Competitive Procurement.............................................................................................10
XI.
METHODS OF ACQUISITION —COMPETITIVE PROCUREMENT...................................10
A.
Sealed Competitive Bids................................................................................................1
1
B.
Request for Proposals/Requests for Qualifications......................................................1
1
C.
Invitation to Negotiate...................................................................................................1
1
D.
Requests for Information................................................................................................1
1
E.
Submissions.......................................................................................................................12
F.
Evaluation Procedures....................................................................................................12
G.
Village's Reservation of Rights.......................................................................................14
XII.
ADDITIONAL REQUIREMENTS........................................................................................14
XIII.
EXCEPTIONS...................................................................................................................14
A.
General Exceptions from Procurement Threshold Requirements..............................15
B.
Utilization of Other Governmental Entities' Contracts................................................15
C.
Cooperative Acquisitions...............................................................................................1
b
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Agenda Item #25.
D.
Sole Source and Village Standard................................................................................16
E.
Emergency Acquisitions.................................................................................................16
F.
Best Interest Acquisitions................................................................................................16
XIV.
VILLAGE COUNCIL APPROVAL....................................................................................17
XV.
PROTEST PROCEDURES.................................................................................................17
A.
Standing...........................................................................................................................17
B.
Procedure........................................................................................................................17
XVI.
CHANGE ORDERS.........................................................................................................19
A.
Village Council Approved Contracts...........................................................................20
B.
Village Manager approved contracts........................................................................20
XVII.
REVENUE GENERATING CONTRACTS..........................................................................20
XVIII.
21
XIX.
AUTHORITY TO DEBAR OR SUSPEND............................................................................21
A.
Authority...........................................................................................................................21
B.
Decision............................................................................................................................21
C.
Criteria..............................................................................................................................21
D.
Finality of Decision ..............
E.
Appeal.............................................................................................................................21
F.
Reinstatement.................................................................................................................22
XX.
CONE OF SILENCE........................................................................................................23
A.
Prohibited Communication...........................................................................................23
B.
Effective Dates................................................................................................................23
C.
Notice...............................................................................................................................23
D.
Permitted Communication............................................................................................24
E.
Violations..........................................................................................................................24
XXI.
LOCAL BUSINESS PREFERENCE PROGRAM.................................................................24
XXII.
FEDERAL AND STATE PROJECTS; FEDERAL GRANTS...................................................26
XXIII.
PRE -QUALIFICATION OF BIDDERS - CONSTRUCTION PROJECTS; BONDS ................26
XXIV.
PAYMENT.......................................................................................................................26
XXV.
ADVANCING PERSONAL FUNDS..................................................................................29
XXVI.
FISCAL YEAR-END PROCEDURES.................................................................................29
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Agenda Item #25.
Village of Tecluesta, Florida
PURCHASING POLICIES AND PROCEDURES
Resolution 02-22
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.
11. 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 �� policy.
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$25,000, 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 contract or change in contract
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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 in accordance with the 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 Gnmmi+mon1.
+ hobA,00n document signed by a
representative of the Village and a representative of the vendor, which
obligates the Village to pa.y fhoyeenrinr a �nonifir+ cdellar ame ink ...Ifnr th�
nrniic nn of cnoamfin items nr "as purchase goods, services, or
construction projects over time. These contracts can be price specific, volume
specific or a specified construction project.
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, weather events, or other
uncontrollable unexpected circumstances) which involves, or could involve, a
threat to the health, safety and welfare of citizens, and which can be rectified in
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Agenda Item #25.
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. Unless the situation is an imminent risk to health, life,
property or environment and requires immediate action.
ENCUMBRANCE - Reservation of Village funds that have been authorized for a
purchase that has not yet been completed.
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 e4fe.,Fers proposer an
advantage or benefit not enjoyed by other proposers, or does not
adversely affect the fundamental fairness of the sealed competitive method.
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Agenda Item #25.
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 onall ,cl;nn r+nn�+r am
generally an exchange transaction where the Village procures these goods or
services one time from an individual, firm, or corporation.
PURCHASE ORDER - a legal 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 over time. A purchase order is utilized to help ensure that
the Village gets the number of items promised, at the price promised, for as
long as it has been promised, and to monitor the ongoing spend for
contracted items.
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.
RESPONSE — a bid, proposal, statement of qualifications or other type of
response submitted by an proposer in response to a sealed competitive
method or written quotations method issued by the Village.
RESPONSIVE BIDDER OR PROPOSER — a proposer who has
submitted a response which conforms in all material respects to a competitive
solicitation. A response of a responsive proposer 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.
SINGLE SOURCE — A Single Source company is one in which two or more
vendors can supply the commodity, technology, and/or perform the services
required by the Village, but the department selects one vendor over another. The
acquisition of items that for all practical purposes can only be obtained from a
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Agenda Item #25.
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 single source purchases.
SOLE SOURCE Thin nnQlas
-- - - - - - - - - --ni --
-- - - - - - -- - -- - - - - - - --
. _ AIMAIN . . _ . _ .
.... .. ._ ._ 11 . ._ .• .. . _ .. _ . _ . . _
A Sole Source company means that only one supplier, to the best of the
requester's knowledge and belief, based upon thorough research, is capable
of providing the required product or service. A Sole Source company may
provide a sole source letter to use for backup. If there is a need to verify
accuracy of the sole source the Village mayplaced on Demand Star or like
web page for five days
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
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Agenda Item #25.
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 s purchases 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:
1. Intentionally and knowingly 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 purchases") is prohibited.
2. IP rn inn Ir��+innAli , and knnlAtnnrl.i purchasing any supplies or
services above the thresholds delineated herein directly from a vendor.
3. Committing to a purchase without the 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
ma managed most effectively by the end -user of the items. This approach
requires that employees involved at every stage of the 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.
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Agenda Item #25.
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 purchase or contract has a
bonafide business purpose of+% r► r=QPtnnj4.
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
invoices and/or receipts 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 and/or receipts.
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
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Agenda Item #25.
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
mfiQMQ Ulo t� +Al p, 1rahase rrir+e of 1 nnnn.nn or mere on continuing
1 4.contracts which are not one time purchases of items which will be delivered
over time and purchased in allotments, construction contracts, continuing
contracts such as landscaping, cleaning, etc. This will ensure that the
department does not pay more than the agreed upon price nor purchase more
than agreed upon volume.
Vendors may uest a purchase order for any item for any amount and it is
the discretion of the department director or designee to issue the purchase
requisition.
A. Purchase Requisitions
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 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.
If circumstances do not allow for or require competitive procurement
(e.g. emergencies, sole -source, single source, piggyback, etc.),
reasons for the exception to directive must be fully documented and
approved by the Village Manager. Emergency purchases may be
documented after the fact and receive formal approval after the
need for the emergency has been rectified. Verbal approval by the
Village Manager beforehand is highly recommended.
B. Purchase Orders
1. All purchase orders are to be processed prior to the purchase of
goods or services from outside vendors, when necessary.
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Agenda Item #25.
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.
6. Purchase orders for which contracts have been signed, goods or
services have been ordered will roll (carry forward) into the following
year, amending the budget. The Finance Department will ensure that
the Village Council is presented with the purchase orders that have
rolled in an open public meeting.
VIII. 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.
Were Icc��Lease invoices will then be paid by the Finance Department each
month or as detailed in the signed lease agreement.
IX. CONTRACTS
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Agenda Item #25.
All on contracts ZI
where the Village receives partial
orders and all progress payments wi4 should 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 as a means of monitoring budgets.
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$25,000 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$25,000 but less than 75 000 require at
least three written quotes ("written quotations method"), which will be on
company letterhead or from the company's email system, and attached to
the purchase requisition.
C. Formal Procurement
Purchase of 75 000 but less than $200,000 require public notice
and at least three written quotes, which will be on company letterhead and
attached to the purchase requisition or accounts payable as necessary_.
D. Competitive Procurement
Purchases of $200,000 or more require the use of a Competitive
Procurement process.
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
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Agenda Item #25.
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 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
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Page 1719 of 2350
Agenda Item #25.
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 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
12
Page 1720 of 2350
Agenda Item #25.
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
proposers or the presentations given by the effewrerns proposers,
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.
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.
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Page 1721 of 2350
Agenda Item #25.
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 Rights
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�� purchases with a value less than the threshold amounts set by this
Resolution of the Village Council may be signed and executed by the Village
Manager, providing that such purchases 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
limitations or any of the Village's purchasing policies.
XI 11. EXCEPTIONS
A. General Exceptions from Procurement Threshold Requirements
The following procurements shall be exempt from the Village's various
procurement threshold requirements:
14
Page 1722 of 2350
Agenda Item #25.
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 in the Village's
Adopted or Amended Budget. 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. 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
15
Page 1723 of 2350
Agenda Item #25.
property, goods, or services with other public entities, including, but not
limited to, acquisitions made pursuant to ; or"^n::11 inter -local 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 , 75 000 or greater shall be
subject to prior 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 75 000 or greater shall be subject to
prior 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.
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
16
Page 1724 of 2350
Agenda Item #25.
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 $75,OOO--00 or greater. Acquisitions of or purchases
for non -real property, goods, or services where the expenditure by the Village
(excluding expenditures relating to change orders) is estimated to be $253,n.
$75,000 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 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 (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
1. 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 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
17
Page 1725 of 2350
Agenda Item #25.
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�9
for pending estimated contract awards in the annual amount of
$100,000or less, or (ii) one percent of the annual amount
of the pending award for estimated contract amounts that
exceed $100,000per year, with a maximum deposit of
$101000�9.
b. For all other contracts, the protest fee shall be in the amount
of (i) $1)000 for pending estimated contract awards in the
amount of $200,000 or less, or (ii) one percent of the total
amount of the pending award for the estimated contract
amounts that exceed $200,000, with a maximum deposit of
$101000.
W
Page 1726 of 2350
Agenda Item #25.
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
section shall not have standing to challenge the award
19
Page 1727 of 2350
Agenda Item #25.
recommendation or the Village Council's award.
XVI. CHANGE ORDERS
A. Village Council Approved Contracts
1. 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
$251000 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 $25,000or
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 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 75 000 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.
20
Page 1728 of 2350
Agenda Item #25.
XVIII.
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
debarred or suspended person
accordance with subsection (E).
E. Appeal.
be final and conclusive, unless the
appeals to the Village Council in
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
21
Page 1729 of 2350
Agenda Item #25.
of appeal, the Village shall schedule a hearing before the Village
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
22
Page 1730 of 2350
Agenda Item #25.
submission of evidence, without further hearing. Upon consideration
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.
23
Page 1731 of 2350
Agenda Item #25.
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
24
Page 1732 of 2350
Agenda Item #25.
lowest 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 effe,rGr proposer
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.
XXI. FEDERAL AND STATE PROJECTS; FEDERAL GRANTS
25
Page 1733 of 2350
Agenda Item #25.
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 ongoing contracts and purchases
of goods or services utilizing a blanket purchase or over time, funds are
properly encumbered and set -aside to pay these obligations. The
encumbrance ensures that the required funding is available to meet the
financial obligations. Accounts payable pays invoices/detailed receipts
which prove and validate each and every transaction (providing information
on what was purchased, how many was purchased, for how much for each
item, when it was purchased and the total of the purchase) for the Village
26
Page 1734 of 2350
Agenda Item #25.
including those for external vendor purchases, employee business travel
and entertainment reimbursements, and payments to non -employee
independent contractors.
It is the originating department's responsibility to approve invoices
detailed receipts submit them to the Finance Department/Accounts Payable
within the proper timeframe.
Every vendor's invoice/receipt 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 internal controls.
Departments must ensure that purchases are properly accounted for to
enable the invoice/receipt to be paid once it is received by the Finance
Department. The Finance Department pays against approved original
invoices/receipts - not statements, summary receipts (promise to pay a
certain amount), proposals, or quotations. The accounts payable staff will
match invoices/receipts submitted against purchase orders and will give
highest payment priority to original invoices/receipts 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" by the 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 maybe rejected in writing by the 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
27
Page 1735 of 2350
Agenda Item #25.
days after being stamped "received" by the Village department.
See the Florida Prompt Payment Act (F.S. 218.735) for additional
requirements. 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, the department should notify
accounts payable and send all credit memos to Finance for processing.
XXIV. 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.
XXV. 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 September 15th in order to be
processed in the fiscal year ending NA11allQt 21st September 30th. Any
purchase orders received after llaust 31&t September 15t" will be held and
processed in the following fiscal year and encumbered against the following
fiscal year budget.
1st Revised and Approved by Village Council on January 13, 2022.
2nd revision Approved by Village Council on May 11, 2023. (??)
Page 1736 of 2350
Agenda Item #25.
EXHIBIT A
VILLAGE OF TEQUESTA, FLORIDA
PURCHASING POLICIES AND PROCEDURES
Policy Resolution 02-22
Effective Date
May 11, 2023
Page 1737 of 2350
Agenda Item #25.
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...............................................................................................................b
B.
Finance Department........................................................................................................7
C.
Designees...........................................................................................................................7
VII.
PURCHASE REQUISITION/PURCHASE ORDERS..............................................................7
A.
Purchase Requisitions.......................................................................................................7
B.
Purchase Orders................................................................................................................8
VIII.
LEASE AGREEMENTS........................................................................................................9
IX.
CONTRACTS....................................................................................................................9
X.
PROCUREMENT THRESHOLDS.........................................................................................9
A.
Discretionary Procurement..............................................................................................9
B.
Informal Procurement.......................................................................................................9
C.
Formal Procurement.......................................................................................................10
D.
Competitive Procurement.............................................................................................10
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....................................................................................................1
l
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
Page 1738 of 2350
Agenda Item #25.
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.
ADVANCING PERSONAL FUNDS..................................................................................27
XXV.
FISCAL YEAR-END PROCEDURES.................................................................................27
Page 1739 of 2350
Agenda Item #25.
Village of Tecluesta, 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.
11. 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 policy.
IV. DEFINITIONS
AGREEMENT - see contract.
APPROPRIATION — An act by 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 $25,000, 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 contract or change in contract
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Agenda Item #25.
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 in accordance with the 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 document signed by a representative of the Village
and a representative of a vendor, which obligates the Village to purchase
goods, services, or construction projects overtime. These contracts can be
price specific, volume specific or a specified construction project.
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, weather events, or other
uncontrollable unexpected circumstances) which involves, or could involve, a
threat to 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
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Agenda Item #25.
will be processed as emergencies only when the Village Manager determines
that it is necessary. Unless the situation is an imminent risk to health, life,
property or environment and requires immediate action.
ENCUMBRANCE - Reservation of Village funds that have been authorized for a
purchase that has not yet been completed.
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 proposer an advantage
or benefit not enjoyed by other proposers, 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
3
Page 1742 of 2350
Agenda Item #25.
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 generally an exchange
transaction where the Village procures these goods or services one time from an
individual, firm, or corporation.
PURCHASE ORDER - a legal 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 over time. A purchase order is utilized to help ensure that
the Village gets the number of items promised, at the price promised, for as
long as it has been promised, and to monitor the ongoing spend for
contracted items.
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.
RESPONSE — a bid, proposal, statement of qualifications or other type of
response submitted by an proposer in response to a sealed competitive
method or written quotations method issued by the Village.
RESPONSIVE BIDDER OR PROPOSER — a proposer who has submitted a
response which conforms in all material respects to a competitive solicitation. A
response of a responsive proposer 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.
SINGLE SOURCE — A Single Source company is one in which in which two or
more vendors can supply the commodity, technology, and/or perform the services
required by the Village, but the department selects one vendor over another. The
acquisition 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
4
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Agenda Item #25.
other unique qualities of the items that preclude a competitor's price
comparison. The Village Manager must approve all single source purchases.
SOLE SOURCE —A Sole Source company means that only one supplier, to
the best of the requester's knowledge and belief, based upon thorough
research, is capable of providing the required product or service. A Sole
Source company may provide a sole source letter to use for backup. If there
is a need to verify the accuracy of the sole source the Village may be placed
on Demand Star or like web page for five days
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 purchases any services,
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Page 1744 of 2350
Agenda Item #25.
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:
1. Intentionally and knowingly 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 purchases") is prohibited.
2. Intentionally and knowingly purchasing any supplies or services above
the thresholds delineated herein directly from a vendor.
3. Obtaining items available on an existing Village term contract when one
is required.
4. Providing false information such as false quotations (without actually
contacting and obtaining a quotation, bid or proposal from a vendor).
5. 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
managed most effectively by the end -user of the items. This approach
requires that employees involved at every stage of the 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 purchase or contract has a
bonafide business purpose.
2. Conducting price or cost analysis to ensure the Village is making the
most efficient, effective and economical purchases reasonably possible.
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Page 1745 of 2350
Agenda Item #25.
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
invoices and/or receipts 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 on
continuing contracts which are not one time purchases of items which will be
delivered over time and purchased in allotments, construction contracts,
continuing contracts such as landscaping, cleaning, etc. This will ensure that
the department does not pay more than the agreed upon price nor purchase
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Agenda Item #25.
more than agreed upon volume.
Vendors may request a purchase order for any item for any amount and it is
the discretion of the department director or designee to issue the purchase
requisition.
A. Purchase Requisitions
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 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. Emergency purchases may be documented
after the fact and receive formal approval after the need for the
emergency has been rectified. Verbal approval by the Village
Manager beforehand is highly recommended.
B. Purchase Orders
1. All purchase orders are to be processed prior to the purchase of
goods or services from outside vendors, when necessary.
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:
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Agenda Item #25.
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.
6. Purchase orders for which contracts have been signed, goods or
services have been ordered will roll (carry forward) into the following
year, amending the budget. The Finance Department will ensure that
the Village Council is presented with the purchase orders that have
rolled in an open public meeting.
VIII. 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.
Lease invoices will then be paid by the Finance Department each month as or as
detailed in the signed lease agreement.
IX. CONTRACTS
All on going contracts where the Village receives partial orders and all progress
payments may 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 as a means of monitoring budgets.
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 $25,000 are at the discretion of department staff. The
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Agenda Item #25.
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 $25,000 but less than $75,000 require at least three written
quotes ("written quotations method"), which will be on company letterhead or
from the company's email system, and attached to the purchase requisition.
C. Formal Procurement
Purchase of $75,000-00 but less than $200,000 require public notice and at
least three written quotes, which will be on company letterhead and attached
to the purchase requisition or accounts payable as necessary.
D. Competitive Procurement
Purchases of $200,000 or more require the use of a Competitive
Procurement process.
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
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Agenda Item #25.
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 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
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Agenda Item #25.
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 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,
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Agenda Item #25.
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
proposers or the presentations given by the proposers, 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.
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 Rights
The Village may utilize a sealed competitive method for any acquisition that
the Village deems appropriate regardless of the estimated cost of the
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Agenda Item #25.
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 purchases with a value less than the threshold amounts set by this Resolution
of the Village Council may be signed and executed by the Village Manager,
providing that such purchases 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
limitations or any of the Village's purchasing policies.
XI 11. 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
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Page 1753 of 2350
Agenda Item #25.
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 in the Village's
Adopted or Amended Budget. 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. 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 inter -local 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 $75,000 or greater shall be subject to prior
approval by the Village Council.
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Page 1754 of 2350
Agenda Item #25.
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 $75,000 or greater shall be subject to prior 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.
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 $75,000 or greater. Acquisitions of or purchases for non -real
property, goods, or services where the expenditure by the Village (excluding
expenditures relating to change orders) is estimated to be $75,000 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
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Page 1755 of 2350
Agenda Item #25.
herein.
Multiple acquisitions from vendor exceeding $75.,000 in any fiscal
year. Acquisitions of or contracts for non -real property, goods, or services from
the same person exceeding the aggregate sum of $75,000 (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
1. 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 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.
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Agenda Item #25.
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 for
pending estimated contract awards in the annual amount of
$100,000 or less, or (ii) one percent of the annual amount of
the pending award for estimated contract amounts that exceed
$100,000 per year, with a maximum deposit of $10,000.
b. For all other contracts, the protest fee shall be in the amount
of (i) $1,000 for pending estimated contract awards in the
amount of $200,000 or less, or (ii) one percent of the total
amount of the pending award for the estimated contract
amounts that exceed $200,000, with a maximum deposit of
$107000.
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
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Agenda Item #25.
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
section shall not have standing to challenge the award
recommendation or the Village Council's award.
XVI. CHANGE ORDERS
A. Village Council Approved Contracts
1. 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 or more in a Village Council approved contract.
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Agenda Item #25.
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 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 $100,000.00 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.
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
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Agenda Item #25.
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
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.
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Agenda Item #25.
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
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
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Agenda Item #25.
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.
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.
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Agenda Item #25.
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 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.
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Page 1763 of 2350
Agenda Item #25.
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 a proposer 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.
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Agenda Item #25.
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 ongoing contracts and purchases
of goods or services utilizing a blank purchase, or over time, funds are
properly encumbered and set -aside to pay these obligations. The
encumbrance ensures that the required funding is available to meet the
financial obligations. Accounts payable pays invoices/detailed receipts
which prove and validate each and every transaction (providing information
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Agenda Item #25.
on what was purchased, how many was purchased, for how much for each
item, when it was purchased and the total of the purchase) for the Village
including those for external vendor purchases, employee business travel
and entertainment reimbursements, and payments to non -employee
independent contractors.
It is the originating department's responsibility to approve invoices or
detailed receipts submit them to the Finance Department/Accounts Payable
within the proper timeframe.
Every vendor's invoice/receipt 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 internal controls.
Departments must ensure that purchases are properly accounted for to
enable the invoice/receipt to be paid once it is received by the Finance
Department. The Finance Department pays against approved original
invoices/receipts - not statements, summary receipts (promise to pay a
certain amount), proposals, or quotations. The accounts payable staff will
match invoices/receipts submitted against purchase orders and will give
highest payment priority to original invoices/receipts 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" by the 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 by the Village department
within 20 days after being stamped "received" by the Village
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Agenda Item #25.
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. 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, the department should notify
accounts payable and send all credit memos to Finance for processing.
XXIV. 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.
XXV. 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 30th. Any purchase orders received after
August 31st will be held and processed in the following fiscal year and
encumbered against the following fiscal year budget.
1st Revised and Approved by Village Council on January 13, 2022.
2nd revision proposed May 11, 2023
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