[HISTORY: Adopted by the Town Board of the
Town of Fenton 12-30-1992; amended in its entirety 1-30-2019. Subsequent amendments noted where applicable.]
No purchase shall be made on behalf of any officer or department
of the Town government without specific authorization pursuant to
a resolution of the Town Board or general authorization of the Town
Board sufficient to describe the goods or services and the limits
of authority intended thereby.
Action by the Town Board on any application, whether for specific
authorization or general authorization, shall be based on the written
application of the officer or department head seeking the purchase
authority. The application shall describe the goods or services required
and shall certify whether subsequent requirements of similar goods
or services during the Town's current fiscal year are expected
to aggregate any amount which would require competitive bidding under
§ 103 of the General Municipal Law.
Except for procurements made pursuant to General Municipal Law,
§ 103(3) (through county contracts), § 104 (through
state or certain federal contracts) State Finance Law, § 162,
Corrections Law, § 184 and 186 (from "preferred sources,"
including articles manufactured in correctional institutions), or
other items excepted herein (emergency contracts and professional
services), alternate procedures or quotations for goods and services
shall be made only pursuant to the procedures hereinafter set forth.
A.
Outline of procedures. Subject to authorization of the Town Board
as above set forth, purchases of goods and services and public works
contracts are only authorized under the following circumstances:
(1)
Contracts for goods.
|
Dollar Limit
|
Procedure
|
|---|---|
|
$1 to $1,000
|
At the discretion of the officer or department head
|
|
$1,001 to $5,000
|
At the discretion of the officer or department head and preapproved
by the Town Supervisor
|
|
$5,001 to $19,999
|
Documented telephone or email quotes from at least two separate
vendors (if available)
|
|
$20,000 and over
|
Sealed bids in compliance with provisions of § 103
of the General Municipal Law
|
(2)
Public works contracts.
|
Dollar Limit
|
Procedure
|
|---|---|
|
$0 to $5,000
|
Discretion of Officer and Department Head
|
|
$5,001 to $34,999
|
Oral, Email, or Text RFP and a written or email or written quotation
from two contractors
|
|
$35,000 and over
|
Sealed bids in compliance with provisions of § 103
of the General Municipal Law.
|
B.
Any documentation obtained in soliciting quotes should be retained
on files with purchase vouchers.
A.
Whenever it is determined that a contract should be awarded to other
than the lowest bidder, if the contract is more than $3,000 for goods
and services, or $5000 for public works contracts, the contract must
first be approved by resolution of the Town Board.
B.
Pursuant to GML § 103, State Finance Law § 163,
the Town of Fenton may award purchase contracts which would otherwise
be subject to the "lowest bidder" rule on the basis of best value
to a responsive and responsible bidder or offeror. Factors that may
be used to enact the "best value" option where cost efficiency over
time to award the good(s) or services(s) to other than the lowest
bidder, are:
Under no circumstances shall a contract exceed the amount of
the expenditure authorized by the Town Board.
A.
The provision of this chapter shall apply in all circumstances, except
where the department head or responsible Town officer has declared,
in writing, that an emergency exists and the finding is approved,
in writing, by the Town Supervisor.
B.
The Town Board has reserved unto itself the sole right to declare
an emergency with respect to contracts for sums exceeding $3,000 for
quotes and services or $5,000 for public works.
C.
An emergency exists whenever the delay caused by soliciting quotes
would endanger the health, welfare or property of the municipality
or the individual taxpayer.
A.
Professional services or services requiring special or technical
skill, training or expertise. 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.
B.
In determining whether a service fits into this category the Town
Board shall take into consideration the following guidelines: whether
the services are subject to state licensing or testing requirements;
whether substantial formal education or training is a necessary prerequisite
to the performance of the services; and whether the services require
a personal relationship between the individual and municipal officials.
Profession or technical services shall include but not be limited
to the following: services of an attorney; services of a physician;
technical services of an engineer engaged to prepare plans, maps and
estimates; technical services involving information technology, securing
insurance coverage and/or accounting; investment management services;
printing services involving extensive writing, editing or art work;
management of services for customized programs or services involved
in substantial modification and customizing of prepackaged software.
Amounts requiring sealed bids will adjust automatically to the
amounts allowed under § 103 of the General Municipal Law.
