[HISTORY: Adopted by the Town Board of the
Town of Barton 6-24-2019 by L.L. No. 1-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 45,
Procurement Policy, adopted 4-11-1994 by L.L. No. 2-1994.
The Town of Barton does hereby adopt the following procurement
policies and procedures.
Every prospective purchase of goods or services shall be evaluated
to determine the applicability of Section 103 of the General Municipal
Law. Every Town officer, board or department head or other personnel
with the requisite purchasing authority (hereinafter " purchaser")
shall estimate the cumulative amount of the items of supply or equipment
needed in a given fiscal year. That estimate shall include the canvass
of other town departments and past history to determine the likely
yearly value of the commodity to be acquired. The information gathered
and conclusions reached shall be documented and kept with the file
or other documentation supporting the purchase activity.
All purchases of supplies or equipment which will exceed $20,000
in the fiscal year or public works contracts over $35,000 shall be
formally bid pursuant to § 103 of the General Municipal
Law .
A.
Purchases.
(1)
All estimated purchases of less than $20,000 but greater than $5,000
require a written request for a proposal (RFP) and written/fax quotes
from three vendors.
(2)
All estimated purchases of less than $5,000 but greater than $1,500
require approval from the department head and the Town Supervisor.
(3)
For all estimated purchases of less than $1,500, the source is left
to the discretion of the purchaser.
B.
Contracts.
(1)
All estimated public works contracts of less than $35,000 but greater
than $5,000 require a written RFP and fax/proposals from three contractors.
(2)
For all estimated public works contracts of less than $5,000, the
source is left to the discretion of the purchaser and Town Supervisor.
(3)
All contracts of $5,000 or over must be approved by the Town Board.
Contracts less than $5,000 must be approved by the Budget Officer.
(4)
The Town policy for professional services requires that the Town
must seek requests for quotes and also requires that the interested
parties return a written quotation to the Town within the specified
allotted time.
C.
Any written RFP shall describe the desired goods, quantity and the
particulars of delivery. The purchaser shall compile a list of all
vendors from whom written/fax/oral quotes have been requested and
the written/fax/oral quotes offered.
D.
All information gathered in complying with the procedures of this
section shall be preserved and filed with the documentation supporting
the subsequent purchase or public works contract.
The lowest responsible proposal or quote shall be awarded the
purchase or public works contract unless the purchaser prepares a
written justification providing reasons why it is in the best interest
of the Town and its taxpayers to make an award to other than the low
bidder. If a bidder is not deemed responsible, facts supporting that
judgment shall also be documented and filed with the record supporting
the procurement.
A good faith effort shall be made to obtain the required number
of proposals or quotations. If the purchaser is unable to obtain the
required number of proposals or quotations, the purchaser shall document
the attempt made at obtaining the proposals. In no event shall the
inability to obtain the proposals or quotes be a bar to their procurement.
Except when directed by the Town Board, no solicitation of written
proposals or quotations shall be required under the following circumstances:
This policy shall be reviewed annually by the Town Board at
its organizational meeting or as soon thereafter as is reasonably
practicable.
A.
Specific items. The Town of Barton Superintendent of Highways shall
not expend or obligate the Town of Barton to expend more than the
sum of $5,000 without first obtaining the approval of the Town Board
for any one of the follow items or any one category of said items:
equipment, tools, repairs, supplies, maintenance contracts or personal
service contracts.
B.
Such purchases shall not be split or divided in order to award this
requirement.
C.
In addition, no expenditures in excess of the remaining balance of
an appropriation account shall be made without the prior approval
of the Town Board.
D.
General Municipal Law § 103 permits towns to purchase off
state, federal or local government contracts as long as the contract
was let in a manner that is consistent with the competitive bidding
laws. Billing for purchases and contracts off state, county and local
bids must be accompanied with a contract number.
The Highway Superintendent shall bring before the Board his
needs for equipment to be bid. The bids shall be competitive, not
drawn up on one particular make and model.
The Highway Superintendent must give the Town Board an inventory
for insurable equipment as well as inventories for consumable goods
such as tires, oils, grease, etc., as well as inventory of older equipment
and hand tools.
A.
Any sale
of unused equipment and other sales of Town assets, including scrap
metal, must be approved by the Town Board and made a part of the Town
minutes. All payments must be directed to the Barton Town Clerk.
B.
All transactions will be by check only. No cash will be accepted
when selling any Town of Barton property items.
The Highway Superintendent must log fuel purchases and provide
yearly reconciliation statements at the December meeting to the Town
Board.
The invalidity of any clause, sentence, paragraph or provision
of this chapter shall not invalidate any other clause, sentence, paragraph,
and part thereof.
This chapter shall take effect upon filing in the Office of
the New York State Secretary of State.
