[Ord. No. 2023-19, 11-13-2023]
The Village of Sunrise Beach Board of Trustees and its appointed officers and employees are stewards of the public funds and trust, and shall endeavor at all times to spend public funds wisely and in the most efficient and cost-effective manner possible. It is therefore the policy of the Village of Sunrise Beach (hereinafter "Village") that all reasonable efforts shall be made to find the lowest and best price for all goods, services, materials and equipment and other items procured by the Village. Preference shall be given to local businesses and contractors where practicable and when determined to be in the Village's best interest. The Village recognizes that Missouri law, with limited exceptions, does not contain strict bidding and procurement provisions for municipalities, and that the purchasing rules and regulations as established herein are as ordained by the Board of Trustees and may be waived by the Board of Trustees for good cause, in the Board's sole discretion. Notwithstanding the above, all expenditures of the Village shall be subject to approval by the Board of Trustees.
[Ord. No. 2023-19, 11-13-2023]
A. 
All contracts, vendor quotations and proposals, purchase orders, invoices and other procurement documentation must be in writing. The Village shall endeavor to create checks and balances in its procurement practices to ensure that all expenditures are reviewed and approved by multiple officers of the Village, subject to the final review and approval authority of the Board of Trustees. The elected and appointed officers of the Village shall promulgate purchasing policies and procedures not inconsistent with or in conflict with the provisions of this Chapter. Unless otherwise provided, all bills shall be paid on a monthly basis, subject to approval by the Board of Trustees.
B. 
Notwithstanding the above, the Village recognizes that certain bills and invoices shall be paid upon receipt, to include, though not necessarily be limited to, the following:
1. 
Utility invoices, to include electric, water and sewer, natural gas, telephone and Internet/data service.
2. 
Payroll, to include payments for fringe benefits such as health, dental and vision insurance, retirement (LAGERS) and other associated payroll expenses.
3. 
Loan payments, provided the loans have been previously approved by the Board of Trustees.
4. 
Sales tax payments and other payments as required by the State of Missouri.
5. 
Court costs, fees and other expenses as incurred by order of the Municipal Court.
6. 
Credit card bills, provided that all expenditures have been made within the provisions of this Chapter and approved purchasing policies and procedures.
C. 
Use Of Village Credit/Debit Cards. The Village may issue credit/debit cards through its depository bank, or other bank if necessary. Use of Village credit/debit cards shall generally be limited to online purchases and other instances in which use of purchase orders is not practicable. Credit/debit card purchases in excess of five hundred dollars ($500.00) shall require written approval of the Village Administrator. Credit/debit card purchases in excess of two thousand five hundred dollars ($2,500.00) shall require prior approval of the Board of Trustees.
D. 
Affirmative Action And Local Preference.
1. 
Whenever possible, qualified small, minority and women-owned businesses shall be included in the solicitation lists for bids or non-bid purchases.
2. 
If the purchase is federally funded in whole or in part, minority and women-owned businesses must be included in the solicitation lists and all other affirmative action requirements outlined in the grant provisions must be followed.
3. 
The Village may exercise a preference for local businesses for purchases funded exclusively by the Village but only if such a preference does not result in unreasonable prices or rates due to a lack of competition. For purchases funded in whole or in part with Federal funding, the Village may not exercise a preference for local businesses.
[Ord. No. 2023-19, 11-13-2023]
A. 
Department Head Procurement Authority. Department heads of the Village, to include the Chief of Police, Public Works Director and Village Clerk, may make purchases, within established budget authorization and limits, up to the amount of five hundred dollars ($500.00). Such purchases shall generally be limited to routine operation and maintenance expenditures and shall be made in accordance with the approved purchasing policies and procedures. All such purchases shall be approved by the Board of Trustees.
B. 
Purchases exceeding five hundred dollars ($500.00) shall generally require at least three (3) competitive written quotations or proposals, though this provision may be waived in instances when the Village has an established relationship with vendors, suppliers and contractors who provide regular and ongoing services to the Village. All such purchases shall be approved by the Board of Trustees.
C. 
Village Administrator Procurement Authority. In addition to any other authority that may be granted by the Board of Trustees or specific ordinance, the Village Administrator is authorized to enter into contracts for and make purchases of goods or services on behalf of the Village in an amount not exceeding five thousand dollars ($5,000.00), provided such goods or services are within the scope and remaining amount available from an authorized budget line item within the adopted Village Budget. Any such purchase shall be made in accordance with the approved purchasing policies and procedures.
D. 
Purchases Costing Five Thousand Dollars ($5,000.00) Or More. Any purchase or contract in the amount of five thousand dollars ($5,000.00) or more shall be subject to approval by the Board of Trustees. For any such purchase or contract, the Village Administrator shall submit at least three (3) competitive written quotations or proposals to the Board of Trustees for consideration. The Board of Trustees shall award the bid or contract to the lowest responsible bidder, except as may be otherwise provided.
E. 
Items Costing Over Fifty Thousand Dollars ($50,000.00). Whenever any contemplated purchase or contract for goods or services is for the sum of more than fifty thousand dollars ($50,000.00), the officer, employee or agent of the Village shall cause to be published in at least one (1) issue of a newspaper of general circulation in the Village a notice inviting bids. Said notice shall be published at least ten (10) business days prior to the date set for the receipt of the bids. The officer, employee or agent of the Village may allow more time for the preparation and submittal of bids whenever the contemplated purchase of goods or services indicates that a longer period of time will be required for vendors to complete and submit bids. The notice herein required shall include a general description of the articles to be purchased or services performed and the time and place for opening bids. In addition, the officer, employee or agent of the Village shall post a notice inviting bids in Village Hall, and may also mail to all responsible perspective suppliers of the items to be purchased or services performed a copy of the notice inserted in the newspaper hereinbefore required. Upon opening of the sealed bids, the officer, employee or agent of the Village shall review and investigate all bids received and shall then make a recommendation to the Board of Trustees based upon said investigation as to which bidder has submitted the lowest responsible bid. The Board of Trustees shall have authority to reject any and all bids and parts of all bids and re-advertise or re-solicit bids whenever it is deemed to be in the best interest of the Village. All such purchases shall be approved by the Board of Trustees.
1. 
Notwithstanding the above, the Village may elect to require sealed bids for purchases costing less than fifty thousand dollars ($50,000.00), when determined to be in the best interest of the Village.
2. 
Notwithstanding the above, nothing herein shall be construed to require the Board of Trustees to accept the lowest bid and the Board of Trustees may reject all bids, negotiate for more favorable terms or waive any purchasing requirement herein as may be determined in the public interest.
[Ord. No. 2023-19, 11-13-2023]
A. 
It is the responsibility of the officer, employee or agent of the Village to review and investigate all bids received and to make a recommendation thereon regarding award to the lowest responsible bidder for the entire purchase or contract or for any part thereof. In determining the lowest responsible bidder, the officer, employee or agent of the Village shall consider:
1. 
The ability, capacity and skill of the bidder to perform the contract or provide the services required.
2. 
Whether the bidder can perform the contract to provide the services promptly or within required time periods without delay or interference.
3. 
The quality of performance of previous contracts or services.
4. 
The previous and existing compliance by the bidder with laws and ordinances of the Village.
5. 
The financial resources and the ability of the bidder to perform the contract or provide the service.
6. 
The quality, availability and adaptability of the supplies or services.
[Ord. No. 2023-19, 11-13-2023]
A. 
Exclusive Or Sole Service. In the event that there is only one (1) firm or company or individual capable of providing a particular service or commodity and said services or commodities cannot be secured from other persons or companies, then the bidding requirements contained herein shall not be applicable and the officer, employee or agent of the Village is authorized to proceed with the purchase of such services or commodities as are required by the Village, but cannot be secured through the normal bidding process. Exclusive service purchases for amounts exceeding ten thousand dollars ($10,000.00) must be preapproved by the Board of Trustees.
B. 
Performance Bond. The officer, employee or agent of the Village shall have the authority to require a performance bond in cash or otherwise for such amount that he/she may deem sufficient to secure the execution of the contract for furnishing goods or services for the best interests of the Village.
C. 
Emergency Purchases. In case of an emergency which requires immediate purchase of supplies or services and time is of the essence, the agent shall be empowered to authorize the purchase or to secure the services needed without complying with the procedures as set forth in this Article. This Section shall also apply to any natural disaster or civil emergency requiring an immediate response on the part of the Village. A full report, in writing, of the circumstances requiring an emergency purchase shall be filed by the agent with the Board of Trustees each time an emergency purchase is made.
D. 
For the procurement of architectural, engineering, or land surveying services the Village will use the Request for Qualifications process as set forth in Sections 8.285 to 8.291, RSMo.
E. 
Professional Services. The competitive bidding requirements of this Chapter shall not apply to professional services, and the requirements herein shall not be required in the employment of professional services, including, but not limited to, physicians, attorneys, engineers, certified public accountants, planners, and auditors. The officer, employee or agent of the Village is authorized and encouraged, however, to require proposals from capable professionals within a required discipline, whenever time and/or circumstances warrant.
F. 
Cooperative Purchasing. This Chapter, and the requirements herein, shall not apply to purchases made through or with the State of Missouri or any other governmental jurisdiction which operate a cooperative procurement program and will allow the Village to purchase goods or services that the jurisdiction has made available following the completion of its own internal purchasing procedures.
G. 
If the project involves the construction or repair of Village property and the amount is seventy-five thousand dollars ($75,000.00) or more, the specifications shall indicate that prevailing wage requirements must be met.
H. 
If the purchase is for more than five thousand dollars ($5,000.00), the specifications shall indicate that compliance with § 285.530, RSMo., employment of unauthorized aliens.
I. 
The specifications shall require compliance with § 208.009, RSMo. (proof of citizenship required).
J. 
For construction projects over two thousand dollars ($2,000.00) using Federal funds, a statement that contractors will be provided with a copy of the most current wage determination (from the U.S. Department of Labor website) and compliance with the Davis Bacon Act shall be required.
[Ord. No. 2023-19, 11-13-2023]
A. 
Any purchase order or contract within the purview of this Chapter in which the officer, employee or agent of the Village or any officer or employee of the Village is financially interested, directly or indirectly, shall be void, except that before the execution of a purchase order or contract, the Board of Trustees shall have the authority to waive compliance with this Section when it finds such action to be in the best interests of the Village.
B. 
The agent and every officer and employee of the Village shall not directly or indirectly solicit any gift or accept or receive any gift, whether in the form of money, services, loans, promises or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence them, or could reasonably be expected to influence them, in the performance of their official duties, or was intended as a reward for any official action on their part.
[Ord. No. 2023-19, 11-13-2023]
A. 
Transfers. The Village Administrator or his/her designee is hereby authorized to transfer surplus property to other departments.
B. 
Sales. The Village Administrator or his/her designee is hereby authorized to sell all supplies having an estimated value of less than two thousand five hundred dollars ($2,500.00) which have become unsuitable for public use, or to exchange the same for, or trade in the same, on new supplies. Sales under this Subsection shall be made to the highest possible bidder.
C. 
Surplus Property In Excess Of Two Thousand Five Hundred Dollars ($2,500.00). Any items having an estimated value of more than two thousand five hundred dollars ($2,500.00) shall be declared "surplus property" by the Board of Trustees prior to the Village disposing of such property. Sales of surplus property shall be conducted by auction or other similar means which allows the public to have an opportunity to bid on the items. Any such sale of surplus property shall be made to the highest possible bidder.
[Ord. No. 2023-19, 11-13-2023]
A. 
The requirements of this Section shall apply to all purchases using Federal funds.
B. 
Informal Purchases.
1. 
Small Purchases. For purchases below two hundred fifty thousand dollars ($250,000.00) (or the Simplified Acquisition Threshold as defined by FAR at 48 CFR Part 2, Subpart 2.1, whichever is less) but greater than ten thousand dollars ($10,000.00) [two thousand dollars ($2,000.00) in the case of construction projects subject to Davis Bacon requirements] price or rate quotes must be obtained from two (2) or more qualified sources following the affirmative action provision of this policy and all provisions regarding fair and unrestricted competition; provided, however, that if the Village purchasing limits set forth above require a more rigorous process, the Village process shall be followed.
2. 
Micro Purchases. For purchases below ten thousand dollars ($10,000.00), the purchasing employee shall follow the Village policy.
C. 
Large purchases with a value of two hundred fifty thousand dollars ($250,000.00) (the large purchase or simplified acquisition threshold under Federal regulations) or more must follow a sealed bid process as outlined herein.
D. 
Purchases at or exceeding two hundred fifty thousand dollars ($250,000.00) or construction projects of any value that are funded with Federal dollars must follow a sealed bid process as outlined below and also follow any procurement guidance as outlined in the grant agreement. In addition, a pricing analysis must be completed by the purchasing agent or a qualified consultant prior to issuing the request for proposal to ensure that there is a reasonable estimate against which to compare bid proposal pricing.
E. 
For purchases that use Federal funding, no local or State purchasing preference shall be applied.
F. 
Internal Controls.
1. 
The Village will maintain effective internal control over the Federal award providing reasonable assurance that the Village is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award.
2. 
The Village will take prompt action when instances of non-compliance are identified, including non-compliance identified in audit findings.
3. 
The Village will take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or pass-through entity designates as sensitive.
G. 
Certification. To ensure that expenditures are proper and in accordance with the terms and conditions of the Federal award and approved project budgets, the annual and final fiscal reports or vouchers requesting payment under the agreements must include a certification, signed by an official who is authorized to legally bind the Village, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise."
H. 
Advance Payments And Reimbursements.
1. 
Payment methods must minimize the time elapsing between the transfer of funds from the United States Treasury or the pass-through entity and the disbursement by the Village whether the payment is made by electronic funds transfer, or issuance or redemption of checks, warrants, or payment by other means.
2. 
Advanced payments must be limited to the minimum amounts needed and be timed to be in accordance with the actual, immediate cash requirements of the Village to carry out the purpose of the approved program or project. Any advanced payments must be consolidated to cover anticipated cash needs.
3. 
The Village shall minimize the time elapsed between receipt of Federal aid funds and subsequent payment of incurred costs.