LL# 06-2012NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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.
❑ County
❑ City of Wappinger
O Town
❑ Village
Local Law No.
0
of the year 20 122
A local law entitled "Local Law No. 6 of the Year 2012 Amending Chapter 46,
(Insert 77t/e)
the Procurement Policy of the Town of Wappinger",
Be it enacted by the Town Board of the
(Name of i egistative y
❑ County
❑ City of
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
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 H: 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, as authorized by
amendments to General Municipal Law § 103.
Section M. Amendments to Specific Sections and Paragraphs of Chanter 46.
Procurement Policy.
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,
- 1 -
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)
$1,000.00 to $2,500.00
$2,500.00 to $7,500.00
$7,500.00 to $20,000.00
$20,000.00 and over
-2-
Discretion of purchaser.
Voucher or Purchase Order signed
by Highway Superintendent; no
counter -signature required of
Supervisor.
Oral request for the goods and
oral/fax quotes from two vendors;
Voucher or Purchase Order signed
by Department Head and
countersigned by Supervisor.
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.
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.
Formal bid pursuant to General
Municipal Law § 103.
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 Discretion of purchaser.
(Highway Department only) 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
-3-
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 N: 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
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: Numbering 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 -lettered 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.
-5-
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.) 6 of 20 12 of
I hereby certify that the local law annexed hereto, designated as local law No.
the M00h*)WXA(Town)(WAffl of Wappinger was duly passed by the
Town Board on April 9, 20 1? __ in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.) of 20 of
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer")
on 20 — in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 _and was (approvedX not approved)
(Elective Chief Executive Officer")
on 20
Such local law was submitted 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
on
(Name of Legislative Body)
was duly passed by the
20 — and was (approved)(not approved)
(repassed after disapproval) by theon 20 Such local
(Elective Chief Executive Officer*)
law was subject to 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.
Page 2 of 3
DOS -239 (Rev. 05/05)
5. (City local law concerning Charter revision proposed by petition.) of 20 of
I hereby certify that the local law annexed hereto, designated as local law No.
pursuant to he
ot
37) of
City of having been submitted to r e nda ma ority of thetqualprovisions of section if ed electors of such (city (
the Cry voting
the Municipal Home Rule Law, and having received the affirmative v20 � became operative.
thereon at the (special)(general) election held on
6. (County local law concerning adoption of Charter.) of 20 of
I hereby certify that the local law annexed hereto, designated as local law No.
State of New York, having been submitted to the electors at the General Election of
the County of 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
November____ of the qualified electors of the cities of said county as a unit and a majority of the
received the affirmative vote of a majority
said county considered as a unit voting at said general election, became operative.
qualified electors of the towns of
If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
e same is a
I further certify that i have compared the preceding local nalVwith
law, andnal on filin was finally ad 'soffice ted in the mannehat h indicated n
correct ifanscript therefrom and of the whole of such ongi
paragraph above.
Clerk of the county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
C
Date:
Village Attorney or other
County Attorney; Corporation Counsel, Town Attorney,
(Cer�ifioatiii��to_be executed by tY
authorized attorney of locality.)
STATE OF NEWYORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing I tains the correct text and that all proper proceedings have been
had or taken .for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts - Town Attorney
Title
XXL!(*
f Wappinger
_Town
Mift
lam,
Date:
DOS -239 (Rev. 05/05)
Page 3 of 3