[Adopted 1-12-1994; amended
in its entirety 1-26-2011 by Res.
No. 54-2011]
The intent of this article is that goods and services, which
are not required by law to be procured pursuant to competitive bidding,
must be procured in a manner to assure the prudent and economical
use of the public moneys, in the best interest of the taxpayers, to
facilitate the acquisition of goods and services of maximum quality
at the lowest possible cost, under the circumstances, and to guard
against favoritism, improvidence, extravagance, fraud and corruption.
To further these objectives, the governing board is adopting internal
policies and procedures governing all procurement of goods and services,
which are not required to be procured pursuant to the competitive
bidding requirements of General Municipal Law § 103 or of
any other general, special or local law.
Documentation of actions taken in connection with each such
method of procurement is required as follows:
A. 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 are offered.
B. All
information gathered in complying with the procedures of this section
shall be preserved and filed with the documentation supporting the
subsequent purchase or public works contract. Attached to the purchase
documents (i.e., invoices, voucher, bills, etc.) shall be notes of
any verbal quotes and notations of or copies of any written quotes,
any requests for proposals responses, or other proposals, contracts,
or other documentation of the not-bid procurement process. If full
compliance with this provision is not practical, a written note of
explanation shall be made and placed with the purchase records.
C. It
is the purpose of this policy to assist Town of Horseheads officials
in obtaining the best value for the Town of Horseheads, New York,
consistent with the stated purpose of the resolution. It is acknowledged
that perfect compliance is not always practical. In such cases, consistent
with the requirement of General Municipal Law § 104, the
reasons for any deviations shall be noted with the purchase files.
The lowest responsible proposal or quote shall be awarded the
purchase or public works contract unless the purchaser prepares a
written justification providing reasons why it is in the best interests
of the Town and its taxpayers to make an award to other than the low
bidder. If the bidder is deemed not responsible, acts supporting that
judgment shall also be documented and filed with the record supporting
the procurement.
Comments concerning the policies and procedures shall be solicited
from officers of the political subdivision or district therein involved
in the procurement process prior to the enactment of the policies
and procedures, and will be encouraged at all times hereafter.
The Town Board shall annually review these policies and procedures.
The Town Supervisor shall be responsible for conducting an annual
review of the internal control structure established to ensure compliance
with the procurement policy. It is contemplated that the annual review
will be made during annual budget preparation, or such other time
as the Town Supervisor may designate.
The unintentional failure to fully comply with the provisions
of General Municipal Law § 140-b shall not be grounds to
void action taken or give rise to a cause of action against the Town
of Horseheads or any officer or employee thereof.
[Adopted 6-8-2022 by Res.
No. 94-2022]
It is the policy of the Town of Horseheads not to discriminate
on the basis of disability. The Town of Horseheads has adopted an
internal grievance procedure providing for prompt and equitable resolution
of complaints alleging any action prohibited by Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. § 794) of the U.S.
Department of Health and Human Services regulations implementing the
Americans with Disabilities Act (the "Act"). Section 504 prohibits
discrimination on the basis of disability in any program or activity
receiving federal financial assistance. The law and the Town of Horseheads
regulations may be examined in the office of the Town Clerk of the
Town of Horseheads, Section 504 Coordinator, (845) x 302, who has
been designated to coordinate the efforts of the Town of Horseheads
to comply with Section 504.
Any person who believes she or he has been subjected to discrimination
on the basis of disability my file a grievance under this procedure.
It is against the law for the Town of Horseheads to retaliate against
anyone who files a grievance or cooperates in the investigation of
a grievance.
The Town of Horseheads will make appropriate arrangements to
ensure that disabled persons are provided other accommodations, if
needed, to participate in this grievance process. Such arrangements
may include, but are not limited to, providing interpreters for the
deaf, providing taped cassettes of material for the blind, or assuring
a barrier-free location for the proceedings. The Section 504 Coordinator
will be responsible for such arrangements.