LL #01-2005Local] T aw Filing NEW YORK STATE DEPARTMENT OF STATE
L L L 1 G 41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new, matter.
CEW of ---- WaPP &er-------------
Town
Local Law No. -------- t1 ---------------- _-------- of the year 20_Dd_
A local law _entitled _"Local Law No. of the Year , Amending the
- - - - - ------ -------------------------20p�-------------------------------------
0—I Tide)
-Procurement Policy of the Town of Wappinger" ---- -- - - ------ - - --
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Be it enacted by the ______Town. Board_ _ _ _ ________ of the
-------------------------------------
(Nmnc
Bay
My
My of----WapFing�---------------------------------------------------------------------- as follows:
Town
ARISM*e
TEXT COMMENCES ON THE NEXT PAGE
(If additional space is needed, attach pages /the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99) `lJ
LOCAL LAW #1 OF THE YEAR 2005
A Local Law entitled "Local Law No. #i _ of the Year 2005Amending the Procurement
Policy of the Town of Wappinger".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1. Title:
This Local Law shall be known and cited as "Local Law No. #1 of The Year 2005 Amending
the Procurement Policy of the Town of Wappinger".
Section 2. Legislative Intent:
The Town Board of the Town of Wappinger has reviewed its annual Procurement Policy
as required by § 104-b of the General Municipal Law and has determined that it is in the best
interests of the Town to increase the limits set forth in the Procurement Policy.
Section 3 Amendment to Procurement Policy:
Chapter 46 (Procurement Policy) is hereby amended as follows:
"A. Every purchase made will be initially 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 or project is not subject to competitive bidding, taking into account past -
purchases and the aggregate amount to be spent in a year.
The following items are not subject to competitive bidding pursuant to §103 of
the General Municipal Law and are addressed further in Section G herein:
• Purchase contracts under Ten Thousand Dollars ($10,000.00);
• Public Works contracts under Twenty Thousand Dollars
($20,000.00);
• Emergency purchases and contracts pursuant to General Municipal
Law §103(4);
Goods purchased from agencies for the blind and severely
handicapped;
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• Goods purchased from correctional institutions;
• Purchases under State and County contracts;
• Surplus and second-hand purchases from another governmental
entity; and
• Professional and technical services.
B. The decision that a purchase is not subject to competitive bidding will be
documented in writing by the Department Head making the purchase.
This documentation should include at a minimum written or verbal quotes
from vendors, a memo from the purchaser indicating how the decision was
arrived at, a copy of the contract indicating the source which makes the
item or service exempt or a memo from the purchaser detailing the
circumstances which led to an emergency purchase.
C. All goods and services, except those goods and services purchased
through a County or State contract, from agencies for the blind or severely
handicapped, from correctional institutions or purchases pursuant to
Subsection G of this policy, will be secured by use of written requests for
proposals, written quotations, verbal quotations or any other method that
assures that goods will be purchased at the lowest price and that favoritism
will be avoided.
D. Method of Purchase.
(1) The following method of purchase will be used in order to achieve the
highest savings for purchase contracts under Ten -Thousand Dollars
($10,000.00) and public works contracts under Twenty- Thousand
Dollars ($20,000.00), except for goods purchased from agencies for
the blind or severely handicapped; goods purchased from correctional
institutions; purchases under State and County contracts, or except for
purchases or services pursuant to Subsection G of this policy:
Estimated Amount
Of Purchase Contract Method
$0 to $500.00 Purchase Order signed only
by Department Head.
$501.00 to $1,250.00 Purchase Order signed by
Department Head and
countersigned by Town
Supervisor; no counter-
signature of Supervisor is
required for Highway
Department purchases if
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Purchase Order is signed by
Highway Superintendent.
$1,250.01 to $5,000.00 2 verbal quotations; Purchase
Order signed by Department
Head and counter -signed by
Supervisor
$5,000.01 to $9,999.99 3 written/fax quotations or
written request for proposals;
Purchase Order signed by
Department Head and
counter -signed by Supervisor
$10,000.00 and over formal bid pursuant to
General Municipal Law § 103
Estimated Amount of
Public Works Contract Method
$0 to $500.00 Purchase Order signed only
by Department Head.
$501.00 to $1,250.00 Purchase Order signed by
Department Head and
countersigned by Town
Supervisor; no counter-
signature of Supervisor is
required for Highway
Department purchases if
Purchase Order is signed by
Highway Superintendent.
$1,250.01 to $5,000.00 2 verbal quotations; Purchase
Order signed by Department
Head and counter -signed by
Supervisor
$5,000.01 to $10,000.00 3 written/fax quotations or
written request for proposals;
Purchase Order signed by
Department Head and
counter -signed by Supervisor
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$10,000.01 to $19,999.99 3 written/fax quotations or
written request for proposals;
Purchase Order signed by
Department Head and
counter -signed by Supervisor
$20,000 and over Formal bid pursuant to
General Municipal Law §103
(2) A good faith effort shall be made to obtain the required number of
alternate proposals. If the purchaser is unable to obtain the required
number of alternate proposals, the purchaser will document the attempt
made at obtaining the proposals. But, in no event, shall the failure to
obtain the proposals be a bar to the procurement.
E. Documentation is required of each quotation or proposal taken in
connection with each procurement.
F. Documentation and an explanation
sonsrequired
b dderwhenever
This doccontract
umentation
awarded to other than the lowest resresponsible
will include an explanation of how the award will achieve savings. The
purchaser will be responsible for determining if the bidder is responsible.
the
tion
G. Pursuant to General Municipal
uotat o s will n t be0requ(ired�inthe best anteres
aalternative proposals or q t
of the municipality in the following circumstances where proper
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:
(1) Professional services or services requiring special or technical skill,
training or expertise. The individual or company must be chosen
based on accountability, reliability, responsibility, skill, education and
training, judgment, integrity and moral worth.
In determining whether a service shall fit into this category, the
individual making the purchase shall take into consideration the
following guidelines:
(a) whether the services are subject to state licensing or
testing requirements;
(b) whether substantial formal education or training is a
necessary prerequisite to the performance of the
services; and
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(c) whether the services require a personal relationship
between the individual and municipal officials.
Professional and technical services shall include but not be limited to
the following: services of an attorney; services of a physician;
technical services of an engineer or architect or surveyor engaged to
prepare plans, maps and estimates; securing insurance coverage and/or
services of an insurance broker; services of a certified public
accountant/ auditors; investment management services; financial
advisors; emergency medical/ambulance operators; labor negotiators;
printing services involving extensive writing, editing or artwork;
management of municipally owned property; planning consultants;
and computer software or programming services for customized
programs or services in substantial modification and customizing of
pre-packaged software.
(2) Emergency purchases pursuant to §103(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 life, health, safety or welfare of the residents.
This section does not preclude alternate proposals if time permits.
(3) Purchases of surplus and second-hand goods from any source. If
alternate proposals are required, the Town is precluded from
purchasing surplus and second-hand goods at auctions or through
specific advertised sources where the best process are usually
contained. It is also difficult to try to compare process of used goods
and a lower price may indicate an older product.
(4) Goods under $500.00 and public works contracts less than $1,000.00.
The time and documentation required to purchase through this policy
may be more costly than the item itself and therefore not be in the best
interest of the taxpayer. In addition, it is not likely that such de
minimis contracts would be awarded based on favoritism.
H. No portion of this Local Law shall be construed as preventing the
competitive bidding of purchase contracts under $10,000 or public works
projects under $20,000; if so desired.
I. This policy shall be reviewed annually by the Town Board at its
organizational meeting or as so thereafter as is reasonably practicable.
This Local Law shall take effect immediately."
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Section 4. Separability:
If any part or provision of this Local Law or application thereof to any person or
circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part of the provision or application directly involved in
the controversy in which judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this Local Law or the application thereof to other persons or
circumstances, and the Town of Wappinger hereby declares that it would have passed this Local
Law or the remainder thereof had such invalid application or invalid provision been apparent.
Section 5. Effective Date:
This Local Law shall take effect immediately upon filing in the office of the Secretary of
State in accordance with Section 27 of the Municipal Home Rule Law.
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(Complete the certification in the paragraph that applies to the tiling of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. --------t 5_
!----------------------- of 200_
of the (Town)(V ) of-----WaPP1nger.-------------------------------- ------ was duly passed by the
TQi P--J3R rd______________________ on _Jan :_ 24 _____ 200.x_, in accordance with the applicable provisions of .law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of -------------------- - was duly passed by the
------------------------------------------ -
on ------------------ 20 --- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -----------------------------------=-------------- and was deemed duly adopted on ------------------ 20--=-,
(Elective Chief Executive Officer')
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------ 20----, and was (approved)(not approved)(repassed after
(Name ofLegislative Body)
disapproval) by the -----------------------------------------------
-- on------------------- 20----.
Such local law was submitted
(Elective Chief Executive Officer')
to the people by reason of a (mandatory)(permissive) referendum, and received'the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on------------------ 20---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City) (Town) (Village) of ----------------- ------------------------------------------------ was duly passed by the
on------------------ 20----, and was (approved)(not approved)(repassed after
(Name o/Legislative Body)
disapproval) by the -------------------------------------------------- on ------------------ 20---
. Such local law was subject to
(Elective Chief Executive Officer')
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20---- , in
accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)*
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20------
of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of
------------
section (36)(37) of. the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20------
of the County of ------------------------------------------------ --- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph -----1-----, above. " 't " -;I ") /� �_�/
Clerk -f the County leg'islati�+ body, City own or Village Clerk
or officer designatii6 by loa legislative,body
GLORIA MORSE; To Clerk
(Seal) Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF Du chess.
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the ]
Albert P. Roberts — Attorney to the Town
Title
(bm of Wappinger
Town
Date:
(3)