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Village of Ellenville, NY
Ulster County
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Table of Contents
Table of Contents
Code
New Laws (4) Index
[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 1-13-1992. Amendments noted where applicable.]
A. 
Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to § 103 of the General Municipal Law:
(1) 
Purchase contract under $10,000 and public works contracts under $20,000.
(2) 
Emergency purchases.
(3) 
Certain municipal hospital purchases.
(4) 
Goods purchased from agencies for the blind or severely handicapped.
(5) 
Goods purchased from correctional institutions.
(6) 
Purchases under state and county contracts.
(7) 
Surplus and secondhand purchases from another governmental entity.
B. 
The decision that a purchase is not subject to competitive bidding will be documented in writing by the individual making the purchase with approval of the Village Manager, Treasurer or Mayor. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase or any other written documentation that is appropriate.
All goods and services will be secured by use of written requests for proposals, written quotations, verbal quotations or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except in the following circumstances:
A. 
Purchase contracts over $10,000 and public works contracts over $20,000.
B. 
Goods purchased from agencies for the blind or severely handicapped pursuant to § 175-b of the State Finance Law.
C. 
Goods purchased from correctional institutions pursuant to § 186 of the Correction Law.
D. 
Purchases under state contracts pursuant to § 104 of the General Municipal Law.
E. 
Purchases under county contracts pursuant to § 103, Subdivision 3 of the General Municipal Law.
F. 
Purchases pursuant to § 30-6 of this policy.
A. 
The following method of purchase will be used when required by this policy in order to achieve the highest savings reasonably possible for the taxpayers and residents of the Village of Ellenville. Each purchase requisition must be approved by either the Village Manager, Treasurer or Mayor, except in instances where the purchase requisition exceeds $1,500 in cost, whereby there shall be an additional requirement of gaining approval of a majority of the Board of Trustees prior to completing said purchase.
[Amended 12-10-2007 by L.L. No 10-2007; 8-28-2017]
Estimated Amount of Purchase Contract
Method
Under $100
At the discretion of the Purchasing Department or department head
$101 to $2,999
Documented verbal quotations from at least 3 separate vendors (if available)
$3,000 to $9,999
3 written/fax quotations or written request for proposals (if available)
$10,000 and up
Sealed bids in conformance with General Municipal Law § 103
Estimated Amount of Public Works Contract
Method
$100 to $999
At the discretion of the Purchasing Department or department head
$1,000 to $2,999
Documented verbal quotations from at least 2 separate vendors (if available)
$3,000 to $9,999
Written/fax quotations from at least 3 separate vendors (if available)
$10,000 to $19,999
4 written/fax quotations or written request for proposals (if available)
$20,000 and up
Sealed bids in conformance with General Municipal Law § 103
B. 
A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to the procurement.
Documentation is required of each action taken in connection with each procurement. All purchases for good must be accompanied by a signed purchase order and all service invoices must have a signed voucher.
[Amended 7-13-2020 by L.L. No. 4-2020]
A. 
Purpose and intent. New York General Municipal Law § 103 requires 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. This section was amended to provide that, through enactment of a local law so providing, the Village may award purchase contracts and public works contracts on the basis of best value, as defined in the New York State Financial Law§ 163, to a responsive and responsible bidder or offeror. The Board of Trustees hereby determines that it is in the best interest of the Village and its residents for the Board of Trustees to have authority to award purchase contracts and public works contracts on the basis of best value. This best value option may be, but is not required to be, used to award an applicable purchase contract and public works contracts to optimize equality, cost and efficiency among responsive and responsible offerors instead of the lowest responsible bidder.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
BEST VALUE
The basis for awarding purchase contracts and public works contracts to the offeror that optimizes quality, cost and efficiency, among responsive and responsible offerors. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerors that are small businesses or certified minority- or women-owned business enterprises as defined in Subdivisions 1, 7, 15 and 20 of § 310 of the Executive Law to be used in evaluation of offers for awarding of contracts for services and public works.
C. 
Standards for best value. Goods and services procured and awarded on the basis of best value are those that the Board of Trustees determines optimize quality, cost and efficiency, among responsive and responsible bidders or offerors. Such basis shall reflect, wherever possible, objective and quantifiable analysis. The criteria may include, but shall not be limited to, any or all of the following: cost of maintenance, proximity to the end user (if distance or response time is a significant term), durability, availability of replacement parts or maintenance contractors, longer product life, product performance criteria, and quality of craftsmanship.
D. 
Documentation. A quote or proposal received pursuant to standard bidding procedures may be awarded on either a best value or lowest responsible bidder standard. All information gathered in the course of the bidding procedures contained in this chapter shall be filed with the documentation supporting the subsequent purchase or public works contract. Where a contract is awarded on the basis of best value rather than lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.
E. 
Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of such provisions to other persons and circumstances shall not be rendered invalid thereby.
F. 
When effective. This chapter shall take effect immediately upon filing with the Secretary of State.
Pursuant to General Municipal Law § 104-b, Subdivision 2f, the procurement policy may contain circumstances when, or types of procurement for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the municipality. In the following circumstances it may not be in the best interests of the Village of Ellenville to solicit quotations or document the basis for not accepting the lowest bid:
A. 
Professional services or services requiring special or technical skill, training or expertise.
(1) 
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.
(2) 
In determining whether a service fits into this category the Board of Trustees shall take into consideration the following guidelines:
(a) 
Whether the services are subject to state licensing or testing requirements;
(b) 
Whether substantial formal education or training is a necessary prerequisite to the performance of the services; and
(c) 
Whether the services require a personal relationship between the individual and municipal officials.
(3) 
Professional 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; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or art work; management of municipally owned property; and computer software or programming services for customized programs, or services involved in substantial modification and customizing of prepackaged software.
B. 
Emergency purchases pursuant to § 103, Subdivision 4, of the General Municipal Law. Due to the nature of this exception, these goods or services must be purchased immediately and a delay in order to seek alternate proposals may threaten the life, health, safety or welfare of the residents. This section does not preclude alternate proposals if time permits.
C. 
Purchases of surplus and secondhand from any source. If alternate proposals are required, the village is precluded from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods and a lower price may indicate an older product.
D. 
Goods or services under $100. The time and documentation required to purchase through this policy may be more costly than the item itself and would therefore not be in the best interests of the taxpayer. In addition, it is not likely that such de minimis contracts would be awarded based on favoritism.
The unintentional failure to fully comply with the provisions of this chapter shall not be grounds to void actions taken or given rise to a cause of action against the political subdivision or district or any officer or employee thereof.
The Mayor and the Board of Trustees reserves the right to review and amend this policy as required.
This policy shall go into effect January 1, 1992, and will be reviewed annually.