Village of Perry, NY
Wyoming County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Perry 8-14-1995. Amendments noted where applicable.]
104a Quote Form for Purchase Over $250

§ 104-1 General policy statement.

A. 
Pursuant to requirements of the General Municipal Law (§ 100 et al.), the purpose of this Purchasing Policy is to bring together, in one document, comprehensive policy and procedural guidelines for the purchasing function, including all facets of the purchasing process: vouchers, abstracts, approvals, filing, etc.
B. 
All Village purchasing decisions should be designed to procure needed commodities of the desired quality at the lowest total cost to the Village.
C. 
Documentation requirements should be followed to act as evidence that the Village obtained the needed commodities of the desired quality at the lowest total cost to the Village and that purchasing procedures complied with state and Village laws, rules, regulations and policies.

§ 104-2 Review, update and distribution.

A. 
This policy shall be reviewed annually at the organizational meeting of the Village Board of Trustees and revised and/or updated as necessary.
B. 
It will be the responsibility of the Mayor or designee to distribute the current copy to responsible department heads (Department of Public Works Superintendent, Chief of Police, Treasurer, Justice, Sewer Plant, and Water Plant).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 104-3 State-mandated bidding.

A. 
It is the policy of this Board that all purchases and services over New York State bidding thresholds (currently $10,000 and $20,000) will be publicly advertised for competitive bids.
(1) 
Aggregation. All anticipated purchases of a like commodity or commodity group will be aggregated to determine if the Village will exceed the threshold. Each department head will be responsible to continually monitor his usage patterns to be aware of commodities that over a period of time will exceed the thresholds.
(2) 
Time period. The time period of aggregation will be the Village fiscal year or, if more appropriate, the normal purchase season for the commodity group (example: winter months for road salt, etc.).
(3) 
Advertising. Advertising will comply with state guidelines (i.e. published at least five days prior to bid opening and published in the legal newspaper, the Perry Herald).
(4) 
Bid files. All bid files will be filed with the Village Clerk within marked folders indicating item bid and date, per item.
(5) 
Bid reviews. The applicable department head and the Village Board will review bid compliance for each submittal. Compliance for each bid specification will be noted on the bid submittal for each vendor.
(6) 
Bid specifications. Bid specifications shall include all conditions that will be used to evaluate compliance, including but not limited to product description, quality, alternatives and options, trade-in, delivery, mileage allowances, repair needs, etc. Considerations that are not listed in the specifications list cannot be used as the basis to measure compliance with the proposals and the award of the contract. Also each bid submittal shall require a statement of noncollusion by the vendor.
(7) 
Bid award. After compliance and price review, the Board will make a determination of which vendor is the lowest responsible bidder meeting bid specifications and award the contract accordingly. This determination will be entered as a resolution in the minutes and, if the award is to other than the apparent low bidder, such resolution will specify in what material respects the low bidder(s) did not comply with specifications.
B. 
Exception for purchases under state and county contracts.
(1) 
The Village is not required to perform its own advertising for competitive bids if the purchases are properly made under a state or county contract.
(2) 
The purchase must be the same commodity, price, conditions and vendor as under the state or county contract.
(3) 
Each department head shall attach a copy of the applicable state or county award documentation to the claim voucher submitted to the Board for audit and approval.
C. 
Exception for emergency purchases.
(1) 
Emergency purchases are not subject to state-mandated bidding procedures.
(2) 
Prior to making emergency purchases without advertising for bids, the department heads and the Mayor or designee shall determine that an emergency situation exists that immediately threatens the life or health of Village residents or the imminent destruction of Village property.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Such determination will be reviewed and affirmed by resolution of the Village Board at the next scheduled Board meeting, specifying the condition and the threat.
(4) 
The department head will still be required to document the solicitation of at least two informal quotes as outlined in § 104-6, Other purchases not requiring state bidding compliance.
D. 
Exception for professional contracts.
(1) 
Professional services are not subject to state-mandated bidding procedures. Such professional services shall include but not be limited to accounting, legal, insurance coverage, engineering, and computer consulting, etc. Items not classifiable as professional services include, but are not limited to, tree removal, paving, etc. However, it is the policy of this Board that such professional services that will exceed $2,000 during a fiscal year will be subject to request for proposals, if the Board so deems it necessary. Such requests shall include (as specifications) all descriptions, conditions, alternatives and options that shall be used as the basis for making the decision and awarding the contract.
(2) 
The Village Clerk shall maintain separate folders for proposals per item bid with dates indicated.
(3) 
The decision to award such a contract for professional services shall be made by specific resolution of the Village Board.

§ 104-4 Standardization.

A. 
The Board may determine that it is in the best interest of the Village to standardize on a particular commodity.
B. 
Upon the adoption of a resolution by a vote of at least 2/3 of all the members of the Village Board of Trustees stating that, for reasons of efficiency or economy, there is need for standardization, purchase contracts for a particular type or kind of equipment, material or supplies of more than $10,000 may be awarded by the Board to the lowest responsible bidder, after public advertisement for bid for that particular commodity.
C. 
The Board shall set forth in such a resolution specifically how such standardization will result in greater efficiency or economy.
D. 
Standardization of a commodity is not be confused with a sole source purchasing situation.

§ 104-5 Sole source situations.

A. 
If a commodity type can be purchased only from one source, the Village need not go through the process of advertising for competitive bids.
B. 
It is acknowledged that true sole source situations (other than regulated utilities, etc.) are rare and that proper documentation should be provided to back up a sole source assertion. The mere likelihood that a particular vendor appears to be the only vendor known to deal in a commodity is not enough, by itself, to support a sole source assertion.
C. 
Village policy is to publicly advertise for bids in these situations, thereby possibly uncovering other vendors that might solicit Village business for an apparent sole source situation.
D. 
If a commodity purchase is to be made under a sole source situation without advertising for competitive bids, the Village Board shall vote to declare a sole source situation and shall delineate its reasoning for determining a sole source situation exists.
E. 
A sole source situation shall not be confused with a standardization issue.

§ 104-6 Other purchases not requiring state bidding compliance.

[Amended 4-18-2005; 6-19-2006]
Individual purchases over $250 which are not subject to state-mandated bidding procedures will be governed as follows:
A. 
Each department head will fill out a purchase order to verify that there is ample funding in the account to cover to anticipated purchase. The responsible department head must sign the order and the Treasurer must also complete the certification before the purchase is made. All three copies will be returned to the Treasurer and the vendor will receive a photocopy (if necessary). The department head may wish to retain the pink copy or it may remain in the purchase order file.
B. 
In the event that an appropriation balance is insufficient, the Treasurer will notify the department head. An explanation must be submitted as to why the account code should be increased which may be done by Board action at the next regularly scheduled meeting.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The purchase order (white) will be attached to the invoice when it is signed and submitted for payment.
D. 
All purchase order rules must be followed.
E. 
Each such purchase or series of purchases will require the solicitation of at least two informal quotes by the department head doing the purchasing.
F. 
Such quotes will be documented on the quote form and attached to the claim voucher submitted to the Board for audit and review.
G. 
The quote form will indicate:
(1) 
A description of the commodity, including options, etc.
(2) 
Prices and conditions quotes.
(3) 
Date of quote and duration.
(4) 
Contact person.
(5) 
Department head determination of the preferred vendor with his reasons for such a determination.

§ 104-7 Budgetary control.

A. 
Each department head is primarily responsible to monitor his budget each month and to keep his purchases and expenditures within the available budget for each line item.
B. 
If it appears that there is not enough budget money, he should either:
(1) 
Restrict spending; or
(2) 
Recommend an appropriate budget adjustment to the Board.
C. 
The Treasurer should also monitor budget compliance. Based on the monthly budget report, he/she should alert the Board to any accounts that appear to be nearing or exceeding the budget. He/she could also advise or recommend remedies, such as restricting spending, budget transfers, excess fund balances, or unanticipated excess revenues.
D. 
The Board should also monitor budget compliance on a monthly basis by reviewing the monthly budgetary reports and taking official Board action to implement any proper budgetary actions it deems advisable.
E. 
No purchase can be made until the Board has made available proper budgetary authority to spend.

§ 104-8 Claim vouchers.

A. 
Vendor invoices will be given directly to the responsible department head. The department head will review the invoice to verify the commodities delivered, price and proper accounting. The department head will also fill out and sign a voucher form and attach the invoice and any other departmental purchase orders, counter slips, receiving reports or shipping documents.
B. 
This package will be submitted to the Treasurer on the Wednesday before the Board meeting for processing. The Treasurer will submit these vouchers, along with a tentative summary listing, to the Board for its audit and approval. Upon audit and approval, the Mayor will sign the abstract of audited vouchers prior to the Treasurer preparing the final checks and mailing them to the vendor.
C. 
A Village Trustee that is auditing vouchers for a particular month hereby has the option to direct the Clerk-Treasurer to cause a department to present a purchased item for verification and comparison to the invoice.
[Amended 3-3-2003]