2012-135
2012-135
Resolution Adopting "Local Law No.6 of the Year 2012 Amending Chapter 46, the
Procurement Policy of the Town of Wappinger"
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on April 9,
2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing proposed "Local Law No. _ of the Year 2012 Amending Chapter 46,
the Procurement Policy of the Town of Wappinger"; and
WHEREAS, the Public Hearing was duly advertised in the Poughkeepsie Journal and the
Southern Dutchess News, the official newspapers of the Town; and
WHEREAS, the Public Hearing was held on April 9, 2012, and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law
or any part thereof; and
WHEREAS, the Town Board determined that the proposed Local Law was not subject to
Environmental Review; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that
it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby adopts "Local Law No.6 of
the Year 2012 Amending Chapter 46, the Procurement Policy of the Town of
Wappinger", a copy of which is attached hereto and made part of this Resolution.
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
and to the Local Law book for the Town of Wappinger and to give due notice of
the adoption of said Local Law to the Secretary of State of New York.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
4/9/2012
The Resolution is hereby duly declared adopted.
c~
CHRISTINE F ON, TOWN CLERK
LOCAL LAW
OF THE YEAR 2012
A Local Law entitled "Local Law No. _ of the Year 2012 Amending Chapter 46, the
Procurement Policy of the Town of Wappinger".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I:
Title:
This Local Law shall be known and cited as "Local Law No.
of The Year 2012
Amending Chapter 46, the Procurement Policy of the Town of Wappinger".
Section II: Lee:islative Intent:
The Town Board of the Town of Wappinger has reviewed its annual Procurement Policy
as required by ~ 1 04-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, as authorized by
amendments to General Municipal Law ~ 103.
Section III. Amendments to Specific Sections and Parae:raphs of Chapter 46.
Procurement Policv.
The specific Sections and Paragraphs of Chapter 46. Procurement Policy are hereby
amended to read as follows:
"~ 46-2. Items not subject to competitive bidding.
A. Purchase contracts under $20,000.00;
B. Public Works contracts under $35,000.00;
** Sub-paragraphs C. through H. remain unchanged.
~ 46-5. Methods of purchase for goods, services and public works contracts.
A. The following methods of purchase will be used in order to achieve the
highest savings for purchase contracts under Twenty Thousand Dollars
($20,000.00) and public works contracts under Thirty-Five Thousand Dollars
($35,000.00), except for goods purchased from agencies for the blind or
severely handicapped, goods purchased from correctional institutions,
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purchases under State and County contracts, or except for purchases or
services pursuant to ~ 46-6.B. of this policy:
Estimated Amount
of Purchase Contract
Method
$0 to $1,000.00
Discretion of purchaser.
Voucher or Purchase Order signed
by Department Head only
and approved by Supervisor
(exclusive of Highway Department).
$0 to $2,500.00
(Highway Department only)
Discretion of purchaser.
Voucher or Purchase Order signed
by Highway Superintendent; no
counter-signature required of
Supervisor.
$1,000.00 to $2,500.00
Oral request for the goods and
oral/fax quotes from two vendors;
Voucher or Purchase Order signed
by Department Head and
countersigned by Supervisor.
$2,500.00 to $7,500.00
Oral request for the goods and
oral/fax quotes from two vendors;
Voucher or Purchase Order signed
by Department Head and
countersigned by Supervisor; no
counter-signature of Supervisor is
required for Highway Department
purchases if Voucher or Purchase
Order is signed by Highway
Superintendent.
$7,500.00 to $20,000.00
A written Request for Proposals
(RFP) and written/fax quotes from
three vendors; Purchase Order signed
by Department Head (including
Highway Superintendent) and
countersigned by Supervisor.
$20,000.00 and over
Formal bid pursuant to General
Municipal Law ~ 103.
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Estimated Amount of
Public Works Contract
Method
$0 to $2,500.00
Discretion of purchaser. Purchase
Order signed by Department Head
only and approved by Supervisor.
$0 to $2,500.00
(Highway Department only)
Discretion of purchaser.
Purchase Order signed by Highway
Superintendent or his Deputy.
$2,500.00 to $15,000.00
Purchase Order signed by
Department Head, Highway
Superintendent or Highway
Superintendent's Deputy and
approved by Supervisor; no approval
of Supervisor is required if Purchase
Order is signed by Highway
Superintendent; approval of
Supervisor is required if Deputy
Highway Superintendent signs
Purchase Order. Written RFP
required with written/fax proposals
from two contractors.
$15,000.00 to $35,000.00
Written RFP and written/fax
proposals from three contractors;
Purchase Order signed by
Department Head, (including
Superintendent of Highways if
Highway Department purchase), and
approved by Supervisor.
$35,000.00 and over
Formal bid pursuant to General
Municipal Law ~ 103.
B. 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.
C. A good faith effort shall be made to obtain the required number of proposals
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or 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 the failure to obtain the proposals
be a bar to procurement.
~ 46-6. Award of contracts to other than lowest bidder.
A. The lowest responsible proposal or quote shall be awarded the purchase or
public works contract unless the purchaser prepares a written specification
providing reasons why it is in the best interest of the Town of Wappinger and
its taxpayers to make an award to other than the low proposer. If a proposer is
not deemed responsible, facts supporting that judgment shall also be
documented and filed with the records supporting the procurement.
B. (4) Goods under $1,000.00 and public works contracts less than $2,500.00.
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.
* * The remaining Sections and Paragraphs of ~ 46-6 remain unchanged.
~ 46-7. Effect on purchase under bid limits.
No portion of this Chapter shall be construed as preventing the competitive bidding
of purchase contracts under $20,000.00 or public works projects under $35,000.00, if
so desired."
Section IV: Reconfirmation and Ratification:
Except as herein specifically modified, the remaining Sections and Paragraphs of Chapter
46. Procurement Policy is hereby reconfirmed and ratified.
Section V: 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
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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 VI: Numberinl!: for Codification:
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of
this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-
sections of this Local Law may be re-numbered or re-Iettered by the Codifier to accomplish such
intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law"
shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and
any such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section VII: 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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