[HISTORY: Adopted by the Board of Trustees of the Village of Groton 2-20-1989 by resolution. Amendments noted where applicable.]
All claims for payment of invoices which are submitted to the Village of Groton for payment must be approved by the Board of Trustees. The commissioner or committee chairman of each department will initial the invoice presented, thus approving such invoice for payment. The Mayor will initial bills that do not fall under a specific department or in the absence of the appropriate commissioner or committee chairman.
The Board of Light Commissioners is hereby authorized to audit and order the payment of claims for the Village of Groton Municipal Electric Department.
Upon approval of claims for payment, the Village Treasurer shall disburse checks for payment of such claims in an expeditious manner.
In the discretion of the Village Administrator, the following claims may be paid prior to completion of the audit and approval process:
[Amended 6-20-2005 by L.L. No. 2-2005]
Weekly and monthly payrolls;
Employee expenses, such as conference expenses, mileage and other reimbursable expenses incurred in the performance of their day-to-day duties;
Reimbursement of petty cash funds;
Service contracts for a fixed monthly or annual amount;
Postage meter costs;
Debt service, including lease or lease-purchase payments; and
Insurance premiums when such payment would avoid an additional payment fee or penalty or to avoid compromising coverage.
[Amended 1-20-1992 by L.L. No. 1-1992; 5-16-1994 by L.L. No. 2-1994; 12-20-2010 by L.L. No. 2-2011]
No purchase order shall be required for purchases on behalf of the Village of Groton which do not exceed $500. For purchases in excess of $500 and not exceeding $2,500, a purchase order must be completed and signed by either the department head for which such order is being executed, the Village Clerk, Village Treasurer or Village Mayor.
Methods of purchasing; documentation.
Competitive bidding initial determination.
Every purchase to be made that is anticipated to exceed $20,000 must initially be reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good-faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year.
The decision that a purchase is not subject to competitive bidding will be documented, in writing, by the individual making the purchase. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how the source makes the item or service exempt, a memo from the purchaser detailing the circumstances which lead to an emergency purchase, documentation that the item will be purchased through state or county bid or any other written documentation that is appropriate.
Once an initial determination is made as to whether or not a purchase is subject to competitive bidding, the following method of purchase will be used:
Public works contracts.
[Amended 1-19-2015 by Ord. No. 1-2015]
A good-faith effort shall be made to obtain at least two quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall failure to obtain the proposals be a bar to procurement.
Documentation is required for each action taken in connection with a procurement.
Documentation and an explanation are required whenever a contract is awarded to other than the lowest responsible offeror. This documentation will include an explanation of how the award will achieve savings or how the offeror was not responsible. A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances.
Pursuant to General Municipal Law § 104-b, Subdivision 2f, this purchasing policy may contain circumstances when or types of procurement for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interests of the Village. In the following circumstances, it may not be in the best interests of the Village of Groton to solicit quotations or document the basis for not accepting the lowest bid:
Professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen on accountability, reliability, responsibility, skill, education and training, judgment, integrity and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures. Such services include but are not limited to services of an attorney, services of a physician, technical services of an engineer, securing insurance coverage or services of an insurance broker, services of a certified public accountant, investment management services, actuarial services, services of a fiscal advisor, computer software or programming services for customized programs, services of a consultant for the writing of grant applications and/or administration of grant funds, etc.
Emergency purchases pursuant to § 103, Subdivision 4, of the General Municipal Law. Due to the nature of this exception, these goods or services must be purchased immediately, and a delay in order to seek alternate proposals may threaten the life, health, safety or welfare of the residents. This section does not preclude alternate proposals if time permits.
Purchases of surplus and secondhand goods from any source. This exception is due to the difficulty of comparing prices of used goods where a lower price may indicate an older product.
Goods or services of $2,500 or less.
Minority- and women-owned business enterprise (M/WBE) participation in procurement and contracting.
[Added 1-19-2015 by Ord. No. 1-2015]
In an effort to affirmatively increase procurement and contracting opportunities for minority- and women-owned businesses, the Village will attempt to solicit at least one minority and/or women business enterprises and encourage section 3 business participation as part of its procurement process, when appropriate. The above purchase/contracting thresholds will apply.
For purposes of the above, the M/WBE must be certified by Empire State Development (ESD) through the Division of Minority and Women Business Development (DMWBD). The Village will keep documentation of the M/WBE and/or Section 3 solicitation in its records and any response(s) thereto.
Because the state does not have a Section 3 business database available, the Village will encourage Section 3 businesses to participate in bidding, where appropriate. It will be incumbent on the business to self-certify its status as a Section 3 business and the Village may rely upon such self-certification in maintaining its records.
Editor's Note: This local law also provided for the redesignation of former Subsection B(6) as Subsection B(7).
This section of the Code shall be reviewed annually by Village Board members and department heads.
Goods and services that require verbal quotations, as stated in Subsection B above, must have the prior approval of either the commissioner, committee chairman or the Village Clerk/Treasurer.
A job order or brief description of what the purchased item(s) is (are) being used for must be included on the purchase order copies that are delivered to the Village Clerk and retained by the originator of the purchase order.
The Village Clerk will attach copies of purchase orders to the invoice, once received. This will enable the Village Board of Trustees to audit compliance with this policy.
In the interest of obtaining items and/or materials in the most expeditious manner, where appropriate, purchase orders may be delivered to the Village Clerk's office by FAX transfer or e-mail. The Village will not be liable to any party due to errors or delays in receipt in the transmission by FAX machine of forms, orders, offers to sell or provide services, etc.
The Village Clerk/Treasurer shall be designated to ensure that the provisions of this purchasing policy are complied with. Further, the Village Clerk/Treasurer shall maintain a file of documentation on quotations and proposals for goods and services when required.
No board member, officers or employees of the village or their families shall be interested financially in any contract entered into by the Board of Trustees. This shall also preclude acceptance of any gratuities, financial or otherwise, by any of the above persons from any supplier of materials or services to the village.
Budget planning. Budget planning shall be an integral part of program planning so that the budget may effectively express and implement all programs and activities of the village. Budget planning shall be a year-round process involving Board participation by board members, department heads and other personnel throughout the village, as well as interested citizens.
In developing each operating annual budget, it will be the policy of the Board to provide optimum service for residents of the village consistent with the taxpayers' ability to support such a program and efforts to achieve a balanced budget.
Before presenting the budget, the Board will scrutinize it thoroughly so that, once adopted, it can be adhered to as presented.
The village will follow its adopted budget as closely as possible in the expenditure of funds. To this end, the Board of Trustees shall require that it approve in advance all expenditures of funds in excess of amounts budgeted for each category in the annual budget.
The Board of Trustees authorizes the Budget Officer to make transfers of funds between and within functional unit appropriations. Transfers made during a given month must appear on a budget status report which is submitted to the Board for information at the next regular business meeting of the Board.
In addition, the Budget Officer will accompany this budget status report with a supplementary report which identifies:
Transfers which significantly change the intent of the use of budgeted money.
Significant overspending or underspending of an account.
Transfers into or out of an account in which Board members have expressed a special interest.
Other information that he believes will contribute to the Board's understanding of the budget status.
The Budget Officer will require a budget transfer form to be used by department heads when initiating a request for transfer of funds. This budget transfer form will provide: