[HISTORY: Derived from Ch. 7 of the 1974 Compilation of the Town
of Cicero. Amendments noted where applicable.]
GENERAL REFERENCES
Procurement policy — See Ch. 38.
This chapter shall be known and may be cited as the "Town
of Cicero Purchasing Ordinance."
For the purpose of this chapter, unless the context or subject matter
otherwise requires, the following terms, phrases, words, and their derivations
shall have the meaning given herein:
The Director of Purchasing of the Town of Cicero, Onondaga County,
New York.
A serially renumbered order in such form as prescribed by the Director
of Purchasing and used to purchase equipment, materials and supplies and/or
services from outside sources.
A request for purchase properly initiated pursuant to the provisions
of this chapter and which is the sole authority for the Director of Purchasing
to take the necessary action resulting in the issuance of a purchase order.
Includes all supplies, materials and equipment.
Any department, agency, commission, bureau or other unit in the town
government using supplies as provided for in this chapter.
A.
Establishment of office. There is hereby established
in the Town of Cicero a Director of Purchasing.
B.
Powers and duties generally. The Director of Purchasing
shall have all powers and shall perform all duties prescribed by the provisions
of § 41-a of the Town Law[1] and shall have the powers and duties prescribed by this chapter.
[1]
Editor's Note: Said § 41-a of the Town Law was renumbered
to § 41-b of the Town Law by L. 1995, c. 142, § 1.
A.
Purchasing powers and duties of Director of Purchasing.
The Director of Purchasing shall have the power and it shall be his duty:
(1)
To purchase or contract for all supplies needed by any
using agency which derives its support wholly or in part from the town, in
accordance with purchasing procedures as prescribed by this chapter and such
general specifications as the Director of Purchasing shall adopt and such
other rules and regulations as shall be prescribed by the Town Board.
(2)
To establish and maintain uniform purchasing practices
in the town.
(3)
To distribute all materials and equipment purchased by
the town to the officers and employees thereof who shall require their use.
(4)
To prepare or review plans and specifications for contracts
and for materials and equipment to be purchased; prepare advertising for invitation
to bids.
(5)
To preside at the opening of bids and submit reports
relating thereto to the Town Board or appropriate department.
(6)
To examine, where practicable, all materials and equipment
purchased to determine that the same conform to specifications.
(7)
Requisitions shall be processed by the Director of Purchasing
and converted into purchase orders only when bearing the signature of the
originator and the approval of the department head or his duly authorized
representative. No further approvals shall be required.
(8)
Purchase orders shall be issued and declared valid only
when certified by the Town Comptroller as to the availability of funds and
approved by the Director of Purchasing.
B.
Additional duties of Director of Purchasing. In addition
to the purchasing authority conferred in Subdivision A above and in addition
to any other powers and duties conferred by this chapter, the Director of
Purchasing shall:
(1)
Act to procure for the town the highest quality in supplies
at least expense to the town.
(2)
Discourage uniform bidding and endeavor to obtain as
full and open competition as possible on all purchases and sales.
(3)
Establish and amend the general specifications as defined
herein.
(4)
Keep informed of current developments in the field of
purchasing, prices, market conditions and new products, and secure for the
town the benefits of research done in the field of purchasing by other governmental
jurisdictions, national technical societies, trade associations having national
recognition, and by private businesses and organizations.
(5)
Prescribe and maintain such forms as he shall find reasonably
necessary to the operation of this chapter.
(6)
Prepare, adopt and maintain a vendors' catalog file.
Said catalog shall be filed according to materials and shall contain descriptions
of vendors' commodities, prices and discounts.
(7)
Exploit the possibilities of buying "in bulk" so as to
take full advantage of discounts.
(8)
Act so as to procure for the town all federal and state
tax exemptions to which it is entitled.
(9)
Have the authority to declare vendors who default on
their quotations irresponsible to bid and to disqualify them from receiving
any business from the municipality for a stated period of time.
(10)
The Director of Purchasing shall have the full authority
to inquire into the quality, quantity and type of material requested and require
the submission of any additional data he may require in order that the best
interests of the town may be served.
C.
Requisitions and estimates. All using agencies, either
by or with the authorization of the department head under which the using
agency operates, shall file with the Director of Purchasing detailed requisitions
or estimates of their requirements in supplies in such manner, at such times,
and for such future periods as the Director of Purchasing shall prescribe.
D.
Unforeseen needs. A using agency shall not be prevented
from filing, in the same manner, with the Director of Purchasing at any time
a requisition or estimate for any supplies, the need for which was not foreseen
when the detailed estimates were filed.
E.
Competitive bids. All purchases of and contracts for
supplies shall be based wherever possible on competitive bids.
F.
Formal bidding. Unless otherwise provided by the provisions
of the General Municipal Law, all supplies, except as otherwise provided herein,
when the estimated cost thereof shall exceed a sum specified by the Town Board
by separate resolution, shall be purchased by formal, written contract from
the lowest responsible bidder, after due notice inviting proposals.
[Amended 12-11-2000 by L.L.
No. 9-2000]
G.
Notice inviting bids. Notice inviting bids shall be published
once in at least one newspaper published in the town and at least five days
preceding the last day set for the receipt of proposals.
H.
Contents of notice. The newspaper notice required herein
shall include a general description of the articles to be purchased, shall
state where bid blanks and specifications may be secured, and the time and
place for opening bids.
I.
Invitations to bid. The Director of Purchasing may also
solicit bids from all responsible prospective suppliers who have requested
their names to be added to a "bidders' list" which the Director of Purchasing
shall maintain. In any case, invitations to bid are to be sent to such suppliers.
J.
Posting notice on town bulletin board. The Town Clerk
shall also advertise all pending purchases by a notice posted on the public
bulletin board in the Town Hall.
K.
Bid deposits. When deemed necessary by the Town Clerk,
bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful
bidders shall be entitled to the return of surety where the Director of Purchasing
has required such. A successful bidder shall forfeit any surety required by
the Town Clerk upon failure on his part to enter a contract within 10 days
after the award.
All purchases and contracts for supplies, materials or equipment shall
be made by the Director of Purchasing in compliance with the provisions of
the Town Law and the General Municipal Law relating to the advertising and
competition bidding and according to the following regulations:
A.
Bids shall be submitted to the Town Clerk.
B.
Bids shall be opened in public at the time and place
stated in the public notices.
C.
A tabulation of all bids received shall be available
for public inspection in the Town Clerk's office.
D.
The Town Clerk shall have the authority to reject all
bids, parts of all bids, or all bids for any one or more supplies, when the
public interest will be served thereby, in accordance with the general specifications
of the town.
E.
The Town Clerk shall present a tabulation of all bids
received to the Town Board for final acceptance.
The Director or Purchasing shall, wherever possible, solicit bids by:
All purchases of supplies of not more than the estimated value of $1,500
shall be made in the open market, without newspaper advertisement and without
observing the procedure prescribed herein for the award of formal contracts.
The Director of Purchasing shall prescribe by rules and regulations
the procedure under which emergency purchases by department heads of using
agencies may be made.
