[HISTORY:[1] Adopted by the Board of Trustees of the Village of Dundee
as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 24, Substance-Free Workplace
and Substance Testing, adopted 12-20-1995, was repealed 2-26-2013
by L.L. No. 1-2013.
[Adopted 4-14-2015 by L.L. No. 2-2015]
This article shall hereafter be known as the "Village of Dundee
Best Value Local Law."
A.
The intent of this article is to allow the Board of Trustees of the
Village of Dundee to authorize the awarding of purchase contracts
on the basis of best value.
B.
Section 103 of the General Municipal Law (GML) previously required
competitive bidding for purchase contracts and public works contracts
and has historically required that such bids be awarded to the lowest
responsible bidder whose bid meets the requirements of the specifications
for the project.
C.
Section 103 of the GML was recently amended to provide that by enacting
a local law so providing, municipalities may award purchase contracts,
which would otherwise be subject to the "lowest bidder" rule, on the
basis of best value, as defined in § 163 of the State Finance
Law, to a responsive and responsible bidder or offeror.
D.
The Village of Dundee hereby determines that it is in the best interests
of the Village and its residents for the Board of Trustees to have
the authority to award purchase contracts on the basis of best value.
E.
This article is enacted pursuant to the provisions of the Municipal
Home Rule Law of the State of New York.
A.
On and after the effective date hereof, the Board of Trustees of
the Village of Dundee may award purchase contracts, including contracts
for service work, but excluding any purchase contracts necessary for
the completion of a public works contract pursuant to Article 8 of
the Labor Law, on the basis of best value, as defined in § 163
of the State Finance Law, to a responsive and responsible bidder or
offeror.
B.
The election to award any such contract on the basis of best value
shall be made by the Board of Trustees.
C.
In the event that no such election is made, purchase contracts will
continue to be awarded to the lowest responsible bidder furnishing
the required security.
[Adopted 1-8-2019 by L.L.
No. 2-2019[1]]
[1]
Editor's Note: This local law was adopted as Ch. 22A, but
was renumbered to maintain the organization of the Code.
Any officer, employee or agent of the Village of Dundee who
is authorized to make a procurement on behalf of the Village of Dundee
may make such procurement through Yates County or any other county
within the State of New York, provided that the provisions of § 408-a
of the County Law of the State of New York have been complied with
by such county, and further provided that the procurement policy of
the Village of Dundee has been complied with. Such procurement shall
be subject to audit and inspection by the Board of Trustees.
Any officer, employee or agent of the Village of Dundee who
is authorized to make a procurement on behalf of the Village of Dundee
of apparatus, materials, equipment or supplies, or to contract for
services related to the installation, maintenance or repair of apparatus,
materials, equipment or supplies, may make such procurement through
the use of a contract let by the United States of America or any agency
thereof, any state or any political subdivision or district of such
state, provided that such contract was let to the lowest responsible
bidder or on the basis of best value in a manner consistent with § 103
of the General Municipal Law of the State of New York and such contract
was made available for use by other governmental entities. Such procurement
shall be subject to audit and inspection by the Board of Trustees.
Prior to any procurement pursuant hereto, the officer, employee
or agent of the Village of Dundee making such procurement shall consider
whether such procurement will result in cost savings, after considering
all factors, including charges for service, materials and delivery.
The provisions hereof shall not relieve any obligation to comply
with any applicable minority and/or women-owned business enterprise
program mandates and the preferred source requirements of § 162
of the State Finance Law of the State of New York.
