Town of Cortlandt, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cortlandt as indicated in article histories. Subsequent amendments noted where applicable.]
[Adopted 6-17-1975 by L.L. No. 3-1975]

§ 85-1 Department established.

There shall be in the Town of Cortlandt a department known as the "Department of Purchasing."

§ 85-2 Powers and duties.

The functions, duties and powers of the Department of Purchasing shall be as follows:
A. 
General. The Department shall provide professional direction in all areas of purchasing, bidding and inventory control to the Cortlandt Town Board and all departments within the Town of Cortlandt, under the supervision of the Town Supervisor, maintaining the same channels of responsibility to the Town Board as are prescribed by state law.
B. 
Specific duties. The Department shall:
(1) 
Furnish the Town Supervisor such information and date as the Supervisor may require for the purpose of enabling him to exercise his powers and perform his duties or make reports required by law.
(2) 
Make all purchases and all contracts for supplies, materials and equipment of every nature for the Town and for any Town department, board or agency for which the Town may in any event be liable and for any special improvement district within such town, except for a district having a separate Board of Commissioners, in compliance with procedures hereafter listed.
(3) 
Shall supervise and coordinate all aspects of technology implementation and maintenance within the Town. These duties shall include full responsibility for the Web page of the Town, the acquisition of new equipment, the education and training of all employees in the utilization of said equipment, the maintenance of said equipment, and the implementation of the GIS mapping system within all departments of the Town.
[Added 2-4-1986 by L.L. No. 2-1986; amended 1-15-2002 by L.L. No. 1-2002]

§ 85-3 Director of Purchasing; appointment and term.

There shall be appointed by a majority of the Town Board of the Town of Cortlandt a Director of Purchasing for a term of two years as a non-civil-service employee.

§ 85-4 Qualifications of Director.

[Amended 2-8-1986 by L.L. No. 2-1986]
A. 
Training and experience. The Director shall have:
(1) 
A bachelor's degree in business administration and two years' experience in purchasing;
(2) 
Five years' experience in business administration, including purchasing, inventory control and logistics;
(3) 
Ten years' experience in general business administration, including experience on the managerial level; or
(4) 
Any combination of the above.
B. 
Knowledge, skills and abilities. The Director of Purchasing should have a thorough knowledge of purchasing practices as dictated by state law and sound business practice and be able to relate to fellow department heads and workers as well as suppliers of the town. He should be able to administer the systems established for purchasing and correlate the activities of the various departments.
C. 
In addition to the above, the Director of Purchasing shall have the thorough knowledge of and have the ability to supervise technology within the Town, including its installation, maintenance and coordination of education for other employees as required.
[Added 1-15-2002 by L.L. No. 1-2002]

§ 85-5 Organization of Department; duties.

The Department of Purchasing shall be organized as follows:
A. 
Director of Purchasing. The Director of Purchasing shall be charged with the implementation and enforcement of a central purchasing procedure as described in § 85-6 of this chapter. He shall also maintain up-to-date files on state contract prices and lists of vendors and prices charged. He shall accumulate all similar purchasing and, when required by law, will request bids on specific products and services.
B. 
Purchasing Clerk. The Purchasing Clerk shall maintain all purchasing records and shall assist the Director of Purchasing in his duties.
C. 
Assistant Director of Technology. The Town Board may appoint an Assistant Director for Technology who shall assist the Director of Purchasing in coordinating the technology requirements and duties of the department.
[Added 1-15-2002 by L.L. No. 1-2002]

§ 85-6 Purchasing procedure.

[Amended 10-18-1983 by L.L. No. 4-1983]
A. 
Purpose. The Cortlandt Town Board establishes the following standard purchasing procedure, to be followed by all Town departments, for the following purposes:
(1) 
To establish a uniform method for authorizing the commitment of Town funds for the purchase of equipment, materials, supplies and services.
(2) 
To provide a method of fiscal approval, control and recording of funds committed.
B. 
Scope. This procedure applies to the commitment of funds through authorized purchases of equipment, materials, supplies and services. It is not intended to include the commitment and expenditure of funds for personal services of the Town employees, travel expenses, conferences, auto mileage, debt service, employee benefits and jury fees.
C. 
Responsibilities.
(1) 
Department heads. It will be the responsibility of each department head to requisition all purchases through the Director of Purchasing within the limits of his budgeted appropriations and to adhere to the procedures described herein. It will also be his responsibility to requisition on a timely basis so that the services and materials required will be received when needed.
(2) 
Comptroller. It will be the responsibility of the Comptroller to approve payments of all claims upon audit and to give the Town Board monthly reports of claims paid and also request budget transfers and revisions as are required by the various departments.
(3) 
Town Board. It will be the responsibility of the Town Board to review all transfer requests and either accept or reject them.
(4) 
Director of Purchasing. It will be the responsibility of the Director of Purchasing to properly administer the ordering of goods as stated heretofore and notify the Comptroller of any requests that would exceed a budget line.
[Adopted 3-12-2015 by L.L. No. 1-2015]

§ 85-7 Title.

This article shall be known as "the Town of Cortlandt Best Value Contract Award Law."

§ 85-8 Finding and intent.

A. 
The state legislature and Governor amended General Municipal Law, § 103 (A08692/S6117) on January 27, 2012 to provide local governments greater flexibility in awarding contracts by authorizing the award of purchase contracts, including contracts for service work, on the basis of best value. The state legislation requires towns with the population of less than one million to pass a local law authorizing the use of the best value award process.
B. 
From Assembly Bill memo A08692: Enactment of this legislation provides additional procurement options to localities in ways that may expedite the procurement process and result in cost savings. The "best value" standard for selecting goods and services vendors, including janitorial and security contracts, is critical to efforts to use strategic sourcing principles to modernize the supply chain and ensure that taxpayers obtain the highest quality goods and services at the lowest potential cost, while also ensuring fairness to all competitors. The federal government, approximately half of the state and many localities have added best value selection processes to their procurement options, in recognition of these advantages. With the increased complexity of the goods and services that municipalities must obtain in order to serve taxpayers, it is critical to consider selection and evaluation criteria that measure factors other than cost in the strictest sense. Taxpayers are not well served when a public procurement results in low unit costs at the outset, but ultimately engenders cost escalation due to factors such as inferior quality, poor reliability and difficulty of maintenance. Best value procurement links the procurement process directly to the municipality's performance requirements, incorporation selection factors such as useful lifespan, quality and options and incentives for more timely performance and/or additional services. Even if the initial expenditure is higher, considering the total value over the life of the procurement may result in a better value and long-term investment of public funds. Best value procurement also encourages competition and, in turn, often results in better pricing, quality and customer service. Fostering healthy competition ensure that bidders will continue to strive for excellence in identifying and meeting municipalities' needs, including such important goals as the participation of small, minority and women-owned businesses, and the development of environmentally preferable goods and service delivery methods. Best value procurement will provide much-needed flexibility in obtaining important goods and service at favorable prices, and will reduce the time to procure such goods and services.

§ 85-9 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BEST VALUE
The basis for awarding contracts for services to the offerer with optimized quality, cost and efficiency, among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerers that are small businesses or certified minority- or women-owned business enterprises as defined in subdivision one, seven, 15, and 20 of section 310 of the executive law to be used in evaluation of offers for awarding of contracts for services.

§ 85-10 Requirements.

A. 
Where the basis for award is the best value offer, the Director of Purchasing shall document, in the procurement record and in advance of the initial receipt of offers, the determination of the evaluation criteria, which whenever possible, shall be quantifiable, and the process to be used in the determination of best value and the manner in which the evaluation process and selection shall be conducted.
B. 
The Director of Purchasing shall select a formal competitive procurement process in accordance with guidelines established by the Town and document its determination in the procurement record. The process shall include, but is not limited to, a clear statement of need; a description of the required specification governing performance and related factors; a reasonable process for ensuring a competitive field; a fair and equal opportunity for offerers to submit responsive offers; and a balanced and fair method of award. Where the basis for the award is best value, documentation in the procurement record shall, where practicable, include a quantification of the application of the criteria to the rating of proposals and the evaluation results, or, where not practicable, such other justification which demonstrates that best value will be achieved.
C. 
The solicitation shall prescribe the minimum specifications or requirements that must be met in order to be considered responsive and shall describe and disclose the general manner in which the evaluation and selection shall be conducted. Where appropriate; the solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be considered by the Town in its determination of best value.
D. 
The Director of Purchasing shall develop procedures that will govern that award of contracts on the basis of the best value. These procedures shall be included in the solicitation and reviewed annually by the Town Attorney in conjunction with its annual review and approval of the Town Procurement Policy.