[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]
There shall be in the Town of Cortlandt a department
known as the "Department of Purchasing."
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]
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.
[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]
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]
[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:
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]
This article shall be known as "the Town of Cortlandt Best Value
Contract Award Law."
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.
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
