City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle 2-18-1992 by Res. No. 47. Amendments noted where applicable.]
GENERAL REFERENCES
Bond anticipation notes — See Ch. 12.
Settlement of claims — See Ch. 20.
Depositories for City funds — See Ch. 29.
Investment policy — See Ch. 42.
Unencumbered balances and deficits — See Ch. 75.

§ 62-1 Review of purchases; determination of bidding requirements.

A. 
Every purchase to be made must 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 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:
(1) 
Purchase contracts under $20,000 and public works contracts under $35,000.
[Amended 8-9-2011 by Ord. No. 145-2011]
(2) 
Emergency purchases.
(3) 
Perishable items of food.
(4) 
Goods purchased from agencies for the blind or severely handicapped.
(5) 
Goods purchased from correctional institutions.
(6) 
Purchases under state or county contracts.
(7) 
Surplus and secondhand purchases from another governmental entity.
B. 
The decision that a purchase is not subject to competitive bidding will be documented, in writing, by the department head or deputy department head making the purchase. This documentation may include any combination of the following:
(1) 
One or more written or verbal quotes from vendors.
(2) 
A memo from the purchaser indicating how the determination was made.
(3) 
A copy of the contract indicating the source which makes the item or service exempt.
(4) 
A memo from the purchaser detailing the circumstances which led to an emergency purchase.
(5) 
Any other written documentation that is appropriate.

§ 62-2 Requests for proposals or quotations; exceptions.

[Amended 2-4-2014 by Ord. No. 13-2014]
All goods and services will be secured by use of written requests for proposals, written quotations, faxed quotations, e-mailed quotations or any other method that assures that goods will be purchased at the lowest price or on the basis of best value and that favoritism will be avoided, except in the following circumstances:
A. 
Purchase contracts over $10,000 and public works contracts over $20,000 which require public bid.
B. 
Goods purchased from agencies for the blind or severely handicapped pursuant to § 175-b of the State Finance Law.
C. 
Goods purchased from correctional institutions pursuant to  § 186 of the Correction Law.
D. 
Purchases under contracts pursuant to § 104 of the General Municipal Law.
E. 
Purchases under contracts pursuant to § 103 of the General Municipal Law.
F. 
Purchases pursuant to § 62-6 of this chapter.

§ 62-3 Methods of purchase.

A. 
The following method of purchase will be used when required by this policy in order to achieve the highest savings:
[Amended 8-9-2011 by Ord. No. 145-2011]
(1) 
Other than public works contracts.
Estimated Amount
of Purchase Contract
Method
$500 to $9,999
Three written, faxed or e-mailed quotes or written proposals.
(2) 
Public works contracts.
Estimated Amount
of Public Works Contract
Method
$500 to $19,999
Three written, faxed or e-mailed quotes or written proposals.
B. 
A good faith effort shall be made to obtain the not less than three proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchase will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals to be a bar to the procurement.
C. 
All goods and services may be procured consistent with and allowable under New York State law and the City Code.
[Added 2-4-2014 by Ord. No. 13-2014]

§ 62-4 Documentation required.

Documentation as set forth in § 62-1 hereof is required for each action taken in connection with each procurement.

§ 62-5 Requirements when contract not awarded to lowest bidder.

Documentation and an explanation is required whenever a contract is awarded to other than the lowest responsible offeror. This documentation must include an explanation of how the award will achieve savings or how the offeror was not responsible. A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances.

§ 62-6 Exceptions.

Pursuant to General Municipal law § 104-b2f, the procurement policy may anticipate circumstances when or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the municipality. The determination that such circumstances exist shall, in each case, only be made by either the City Manager or by resolution of the City Council of the City of New Rochelle. In the following circumstances it may not be in the best interests of the City of New Rochelle to solicit quotations or document the basis for not accepting the lowest bid:
A. 
Professional services or services requiring special or technical skill, training or expertise.
(1) 
The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity and moral worth. These 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.
(2) 
In determining whether a service fits into this category the City Manager or City Council 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
(c) 
Whether the services require a personal relationship between the individual and municipal officials.
(3) 
Professional or technical services shall include but not be limited to the following:
(a) 
Services of an attorney.
(b) 
Services of a physician.
(c) 
Technical services of an engineer engaged to prepare plans, maps and estimates.
(d) 
Securing insurance coverage and/or services of an insurance broker.
(e) 
Services of a certified public accountant.
(f) 
Investment management services.
(g) 
Printing services involving extensive writing, editing or art work.
(h) 
Management of municipally owned property.
(i) 
Computer software or programming services for customized programs or services involved in substantial modification and customizing of prepackaged software.
B. 
Emergency purchases pursuant to § 103, Subdivision 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 the life, health, safety or welfare of the residents. This subsection does not preclude alternate proposals if time permits.
C. 
Purchases of surplus and secondhand goods from any source. If alternate proposals are required, the City of New Rochelle is precluded from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods, and a lower price may indicate an older product. Therefore, as set forth in this § 62-6, such purchases may be authorized.
D. 
Goods or services under $500. The time and documentation otherwise required pursuant to § 62-1 to purchase through this policy may be more costly than the item itself and would therefore not be in the best interests of the taxpayer. In addition, it is not likely that such de minimis contracts would be awarded based on favoritism.

§ 62-7 Standardization of purchase.

[Added 5-19-1998 by Ord. No. 135-1998; amended 7-21-1998 by Ord. No. 206-1998; 8-22-2000 by Ord. No. 136-2000; 11-21-2000 by Ord. No. 188-2000; 11-16-2004 by Ord. No. 249-2004; 12-14-2004 by Ord. No. 274-2004; 12-11-2007 by Ord. No. 275-2007; 12-14-2010 by Ord. No. 199-2010; 2-4-2014 by Ord. No. 13-2014]
A. 
The purchase of large full-time usage truck vehicles by the City shall be standardized with the products manufactured by Mack Trucks, Inc., such purchases to be made to the lowest responsible bidder furnishing the required security after advertisement of sealed bids therefor pursuant to § 103 of the General Municipal Law.
B. 
The purchase of front-end loaders by the City shall be standardized with the products manufactured by Caterpillar, such purchases to be made to the lowest responsible bidder furnishing the required security after advertisement of sealed bids therefor pursuant to § 103 of the General Municipal Law.

§ 62-8 When effective; annual review.

This policy shall go into effect January 1, 1992, and will be reviewed annually.