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1
VILLAGE OF FUNDY ALBERT
FINANCIAL MANAGEMENT & PROCUREMENT POLICY
PURPOSE STATEMENT
The purpose of this policy is to:
-
promote a consistent understanding of the authority, roles, and responsibilities of those
with delegated purchasing authority in most situations.
-
outline clear delegations of financial authority to enable effective financial management
for the municipality.
-
ensure financial accountability in the management of financial resources entrusted to the
municipality.
-
define the municipalities approach to procurement, pursuant to the provincial legislation
and regulations.
-
clarify roles and responsibilities to ensure adequate financial oversight and operational
effectiveness.
DEFINITIONS
"Act" means the New Brunswick Procurement Act, S.N.B, 2012, c.20.
"Authorized purchaser or signing authority" means a municipal employee or
representative with delegated authority to make financial transactions on behalf of the
municipality, pursuant to this Policy.
"Chief Administrative Officer/Clerk" means the head of the municipal administration.
The individual is the only employee who reports directly to Council "CAO".
"Treasurer" means the employee appointed to oversee financial and accounting
procedures, pursuant to section 74(1) and 76(1) of the Local Governance Act, SNB 2018,
c.18.
"Construction" means, in the context of procurement, a construction, reconstruction,
demolition, repair or renovation of a building, structure, road or other civil engineering or
architectural work and includes site preparation, excavation, drilling, seismic
investigation, the supply of products and materials, the supply of equipment and
machinery if they are included as an incidental to the construction, and the installation
and repair of fixtures of a building, structure, road or other civil engineering or architectural
work, but does not include professional consulting services related to the construction
contract unless they are included in the procurement.
"Goods" means in relation to procurement, moveable property (including the costs of
installing operating, maintaining, or manufacturing such moveable property) and includes
raw materials, equipment and other physical objects of every kind and description
whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a
general construction contract.
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"Purchasing Card(s)" means any municipal and departmental credit card used for the
purposes of regular purchases.
"Services" means, in the context of procurement, all services including but not limited to
printing, garbage collection, snow removal, janitorial services, studies, utilities, consulting,
professional services.
"Unbudgeted expense" means expenditures that are not included in the budget and are
unplanned at the time of the budget being passed and approved by council.
PURCHASING THRESHOLDS
Purchasing thresholds outline the approval authority of budgeted expenditures. The
following applies to expenses projected in the operating or capital budget, as approved
annually by Council:
Purchasing thresholds outlined the approval authority of budgeted expenditures. The
following applies to expenses projected in the operating or capital budget, as approved
annually by Council.
Total cost, excluding HST
Approving Authority
$up to $2000
Department Head
$up to $30,000
Chief Administrative Officer
$30,000+
Council
Pursuant to the CAO Policy, the Chief Administrative Officer is permitted to authorize
unbudgeted expenses of up to $3000. All unbudgeted expenses exceeding $3000 require
authorization from Council before purchase.
Authorization is required for the purchase of all goods, services, or construction. Before
goods are purchased, authorization must be provided by the appropriate authorized
purchasing agent. Upon receipt of goods, the invoice must be signed by the appropriate
approvers prior to payment. For all expenses over the $30,000 threshold, the motion of
Council serves as the proper authorization for the expense(s).
PURCHASING CARD(S)
- Approval thresholds outlined in this policy are also applicable to purchases made
on purchasing cards.
- All purchases of goods and services must be accompanied by an original receipt
outlining the product(s) purchased. Employees authorized for the purchase are
required to sign the original receipt and indicate the general ledger (GL) account
for the charge to be reconciled to and if the receipt does not provide a description,
note the good that was purchased.
- If the total amount, before taxes, exceeds the employee's approval threshold,
signature is required from the appropriate signing authority pursuant to this policy.
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- Department Heads are responsible for ensuring their purchasing card receipts are
maintained and provided to the Treasurer by the end of each month to reconcile
with the appropriate monthly statement.
- Credit card statements, along with supporting approval documents, will be
prepared by the Treasurer and submitted to the CAO for approval monthly before
reconciliation occurs.
INVOICE AUTORIZATION & PAYMENTS
- Department Heads are responsible for ensuring that goods and services are
received prior to authorizing payments.
- All Vendor invoices should be sent to [email protected] for payment. If an
invoice is sent to an employee and/or Department Head, it should be forwarded to
[email protected] to ensure payment.
- Employees authorized to approve expenses are required to provide their signature
on the invoice to serve as approval that goods/services have been delivered and
approved and must indicate the appropriate general ledger (GL) for the invoice to
be charged to.
- Cheques and/or EFT reports, along with supporting approval documents, will be
prepared by the Treasurer and submitted to the CAO as required.
COMPETIVE PROCURMENT
Procurements that exceed a value of $3000 are shall always be subject to competitive
procurement practices. Procurements below $3000 should be subjected to competitive
procurement practices when it is in the best interests of Fundy Albert to do so. Department
Heads, in consultation with the Chief Administrative Officer as required, are responsible
for determining the most appropriate method of procurement of goods, materials,
supplies, and equipment based on factors such as cost, quantity, availability, etc. The
following indicates the bid solicitation and award process, based on cost(s) excluding
HST:
Goods or services under $3000: can be charged to the corporate card(s), pursuant to
the appropriate approval authorities.
Goods or services between $3000 and $10,000: telephone quotations or request for
quotes are to be sought with the basis of the award going to the lowest bidder.
Goods or services between $10,000 and $121,199: bidding process to be determined
by the Chief Administrative Officer in consultation with the Department Heads. The basis
of the award will be pursuant to the Procurement Act and requires authorization of
Council.
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Goods or services exceeding $121,200 or construction expenses exceeding
$100,000: open, public competitive bidding process required as stipulated in the Act and
requires authorization from Council.
While soliciting RFPs or using alternative procurement methods, a minimum of three (3)
Vendors should be solicited where sufficient competition is available. In no circumstances
can expenses be split or modified with the intent to avoid competitive procurement
processes in this Policy.
SUPPLIERS & VENDORS
The municipality aims to provide transparent and fair bidding opportunities for municipal
contracts and services, pursuant to the Act and this Policy. During the procurement
process, tenders serve to notify prospective suppliers of the municipality's intentions to
buy and are advertised on the New Brunswick Opportunities Network (NBON).
In the event of alternative methods of procurement, when official tenders are not required,
vendors can be solicited or invited to bid by the municipality or submit expression of
interest. If a vendor(s) of a product would like to be added to a roster of prospective
suppliers, they must send an overview of their products and/or services to
[email protected]. This list is maintained by Administration. Inclusion on this list does
not guarantee services with the municipality as contracts will be awarded pursuant to this
Policy.
The municipality reserves the right to use a supplier's record of performance when
evaluating the potential for the provision of good and services for the municipality.
It is in the best interest of the municipality to secure professional services with vendor(s)
on a retainer basis and/or that enable long-term relationships with the municipality. The
following are services amongst those deemed to favor the municipality when long-term
relationships are maintained with vendors:
1. Legal services;
2. Insurance;
3. Banking and purchasing cards;
4. Auditing services;
5. Financial services;
6. Communications and public relations services (not campaign or project-specific);
7. Engineering services.
When vendor(s) are secured on retainer, the services should be put out for competitive
proposals, suggested every five (5) years.
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No bidder or potential vendor shall contact any member of municipal administration,
included elected official(s), in attempt to influence the outcome of a contract award. Any
attempt to influence the procurement process may result in the disqualification of the
bidder on the project(s) that are deemed to have been influenced (or attempted to be
influenced) by the bidder(s).
METHODS OF PROCURMENT
Tender
A tender is considered a competitive bid document with detailed specifications and
drawings, which is used to solicit pricing from Vendors and typically requires a
performance surety. Tenders are awarded to the lowest bidder meeting the specifications.
As outlined in the New Brunswick Procurement Act, procurement of goods or services
more than the following amounts require public tenders:
Tender Type
Estimated Value
Minimum Advertising Time
Goods
$121,200 or more
Ten calendar days
Services
$121,200 or more
Ten calendar days
Construction
$100,000 or more
Ten calendar days
Tenders may also be issued for projects under the threshold if a tender is deemed the
most appropriate method of procurement.
Request for Quotes (RFQ)
A request for quotation (RFQ) is when a quote from a supplier for the purchase of specific
products or services is requested. RFQs generally means the same thing as call for bids
and invitation for bid. The lowest bid that meets the specifications is awarded the contract.
Request for Proposals (RFP)
An RFP is an invitation where criteria other than just the price are used to evaluate
responses and where the award is made based on the highest compliant score. Proposals
are the bids received in response to RFPs. RFPs are generally used to purchase complex
goods or services where the method of completing a project is usually left up to the
suppliers Under tendering law, a Request for Proposals (RFP) is a tender.
Sole-Source
A sole-source contract award can occur when there is an inability to obtain competitive
bids, as only one (1) Vendor possesses the unique ability or capability to supply a
particular good or service.
1. The goods and services required are in short supply due to market conditions.
2. The goods and services are required without delay, such as repair(s) to protective
services equipment.
3. The goods and services are required considering an emergency.
4. The nature of the assignment or service is confidential and requesting quotes could
jeopardize the confidentiality of the service.
5. The goods or services are required and/or being sought on a trial/pilot basis.
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6. Following a competitive bidding process, no other bids were received or met the full
specifications.
7. The Vendor(s) possesses unique ability to supply a particular good or service.
8. With approval from the CAO, using the Sole Source Request Form, this method can
be used in the following circumstances:
a. Standardization of goods and services is required.
b. Compatibility with existing goods and services or facilities is a paramount
consideration (i.e.: a good/service is compatible with an existing software and
securing another product will require additional goods/services to be purchased).
c. The Vendor possesses unique or singularly available capability, experience, skills,
or knowledge to meet the requirements.
d. To facilitate and encourage supporting local, the vendor is the only vendor within
the municipal limits or immediate area.
e. There is an inability to attain competitive bids, due to the market conditions.
Emergency Purchases
An emergency purchase can warrant a sole-source award in consultation with a
Department Head and when possible, in consultation with the CAO. An emergency
means a present or imminent event that requires the coordination of actions concerning
persons or property to protect the health, safety, and welfare of people or to limit damage
to property or the environment. Such events generally occur due to fire, flood, water
breaks, equipment repairs that could jeopardize level(s) of service, or unexpected
infrastructure failure.
Considering repairs that are occasionally required to protective services equipment, such
as fire trucks, repairs that are required and are in the best interest of safety of personnel
and residents, are considered emergency purchases pursuant to this Policy.
If an emergency purchase is required (including repairs to protective services equipment
that may exceed other Authorizations in this Policy), the CAO and Department Head must
report to Council at the next Council meeting upon the cessation of the emergency
circumstance to provide rationale AND note the purchase(s) in the presentation of the
following monthly statements.
Telephone Quotations
Telephone Price Quotations (and/or pricing comparisons with online vendors) may be
utilized to expedite procurement of low value goods or services or where an emergency
exists. Pricing shall be solicited and recorded from a minimum of three (3) Vendors where
sufficient competition is available. To ensure due diligence, recorded quotations through
this method of procurement must be approved by the CAO.
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SIGNING AUTHORITY
The following outlines the financial related signing authorities:
Item
First Signature
Second Signature
Cheques
NOTE: In all cases where
the
Alternate
signing
authority signs a cheque,
they shall forthwith advise
the
Primary
signing
authority in writing that they
have done so, stating the
relevant particulars.
Primary: Treasurer
OR
Alternate: CAO/Clerk (when
required)
Primary: Mayor
OR
Alternate: Deputy Mayor,
or delegate when required
Formal intergovernmental
agreements, service level
agreements, or reciprocal
agreements,
contracts
pursuant
to
spending
authority limits
CAO/Clerk
OR
Designated individual under
Local Governance Act
Mayor
Operational Agreements
CAO/Clerk
Department Head
Grant funding applications,
grand funding agreements
CAO/Clerk
Mayor
(if a formal resolution of
Council is required)
Bank Account
Authorization
Treasurer
Mayor, through resolution
of Council
RESPONSIBILITY OF EMPLOYEES
- No employees are permitted to engage in any activity that may create, or appear
to create, a conflict of interest. Such activities may include accepting gifts or
favours, providing preferential treatment to vendors, providing additional
information or context during the competitive bidding process to only select
vendors, publicly endorsing vendors.
- No municipal employee can use their employment and/or position with the
municipality in the acquisition of goods and services for personal gain.
- Department Heads are responsible for ensuring that procurement within their
service areas is made in accordance with this Policy.
- The Chief Administrative Officer is responsible for ensuring that organizational
procurement practice is in accordance with the values of procurement and in
alignment with application legislation and regulations.
- All employees and representatives making purchases on behalf of the municipality
are required to ensure impartial, economical, cost-effective, fair/transparent, and
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lawful purchases pursuant to provincial legislation, the municipal purchasing
policies, and regulations in place, and in accordance with procurement and
financial management best practices.