[HISTORY: Adopted by the Town Board of the
Town of Albion 5-12-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Cash disbursement policy — See Ch. 9.
A.
Goods and services that are not required by law to
be procured pursuant to competitive bidding must be procured in a
manner that:
B.
To further these objectives, the Town Board has adopted
internal policies and procedures governing all procurement of goods
and services that are not required to be made pursuant to the competitive
bidding requirements of the General Municipal Law, § 103
or of any other general, special or local law.
C.
In compliance
with the Community Development Block Grant (CDBG) Program, the Town
of Albion will consider in the solicitation of bids or quotes for
services, supplies or contracts to be given to:
[Added 3-8-2010 by L.L. No. 1-2010]
(1)
Small
and/or locally owned businesses, with priority to businesses owned
by or which employ low- or moderate-income persons as defined by HUD;
and
(2)
Qualified
minority and women-owned business enterprises (M/WBE) firms listed
in the directory or ratified minority and women-owned businesses maintained
by the Empire Development Corporation on its website at: http://205.232.252.35
or at http://www.empire.state.ny.us/smalland growingbusinesses/mwbe.asp;
and
(3)
These
provisions shall apply to the procurement of goods and services related
to the implementation of the CDBG-funded programs and activities as
well as to the procurement of goods and services related to the general
conduct of business by the Town of Albion.
The procedures for determining whether a procurement
of goods and services is subject to competitive bidding and documenting
the basis for any determination that competitive bidding is not required
by law is as follows:
A.
Generally the official responsible for making the
particular procurement will make the determination of whether competitive
bidding is required. In making this determination, the following questions
must be considered:
B.
The procuring official must document the basis for
any determination that competitive bidding is not required. This documentation
may include evidence of written or verbal quotes that the price of
the item or service will not exceed the bidding limits. The official
may also document the amount expended in previous years in comparison
with the threshold to show that the bidding will not be required.
The documentation must also state how it was determined whether the
procurement was a purchase or a contract for public work.
The procedures are as follows:
Commodities, Equipment or Goods
| |
Dollar Limit
|
Procedure
|
$1 to $499
|
At the discretion of the Department
|
$500 to $2,999
|
Documented verbal quotes from three vendors
|
$3,000 to $4,999
|
Formal written quotes from at least three vendors
|
$5,000 to $9,999
|
Formal request for proposal (RFP) with a response
from 3 vendors
|
$10,000 and over
|
Sealed bids in conformance with Municipal Law,
§ 103
|
Public Works Projects (Prevailing wage
rates apply to all public works projects)
| |
Dollar Limit
|
Procedure
|
Less than $999
|
At the discretion of the department
|
$1,000 to $4,999
|
Documented verbal quotes from three vendors
|
$5,000 to $9,999
|
Formal written quotes from at least three vendors
|
$10,000 to $19,999
|
Formal request for proposal (RFP) with a response
from 3 vendors
|
$20,000 and over
|
Sealed bids in conformance with Municipal Law,
§ 103
|
Professional Services (recommended not
required)
| |
Dollar Limit
|
Procedure
|
Less than $5,000
|
At the department's discretion
|
$5,000 to $20,000
|
Written quotes from two sources should be obtained
|
Over $20,000
|
Written RFP with response from 3 sources
|
NOTE: Document all quotes (including verbal
quotes) using the summary of quotations form attached to purchase
order.
|
A.
When formal bids are required, specifications will
be prepared by the ordering department and submitted to the Town Board
for approval.
B.
If the Town Board approves the specifications, the
department may place the bid notice and proceed with the bid process.
The Town's general bid specifications and noncollusion clause and
nonresponse form must be incorporated into every bid. Approval or
rejections of bids may only be done by resolution of the Town Board.
Documentation of actions taken in connection
with each such method of procurement is required. Documentation of
quotes must be made on an approved form and maintained by the ordering
department for the same period of time as the corresponding purchase
or contract. Documentation acceptable to the Board must be provided
whenever the required number of quotes is not provided.
The purchasing official must clearly state in
writing on the quotation form the reason for any award made to other
than the lowest price offered.
A.
All commitments or orders in excess of $100 shall
be either by a purchase order or contract (see following procedure
for contracts) signed by the appropriate officials. No contract shall
be recommended or purchase released until after determining that unencumbered
appropriations are sufficient to cover such obligation.
B.
Purchase orders or agreements with a value less than
$500 may be released to the vendor by the ordering department except
for printing. Orders of $500 or more require the approval of the Board
and certification from the Bookkeeper that funds are available before
being released.
C.
The Town Attorney, prior to final approval by the
Town, must review all contracts and agreements with a value of more
than $1,000 or which extend for more than one year. If approved by
the Town Attorney, the agreement then must be signed by the department
head and forwarded to the Town Board for final approval. A properly
completed fact sheet signed by an authorized department representative
must accompany each submission.
D.
The Town Board shall approve all contracts, agreements
and purchase orders for goods and services that have been budgeted,
regardless of the value.
E.
Supplies used by various departments should be uniform
whenever practical. The Board is authorized to require a department
to reconsider specification or quality of material if it appears Town
interests could be better served.
F.
Distribution of the purchase order set shall be as
follows:
G.
Once the order is completed to the department head's
satisfaction, the voucher is signed by the designated department official
and forwarded along with invoices and other related material to the
Clerk. If the payment is for a purchase made from a state bid, a copy
of the appropriate section of the state award must be attached. Any
modifications to an approved order shall be confirmed in writing.
In certain circumstances, orders are placed
with certain vendors numerous times each month. To eliminate the need
for processing many small orders, a department may use a blanket purchase
order. The estimated value of items to be acquired during the month
will be placed on the order prior to release to the vendor. Bookkeeper
copies will be sent to the Bookkeeper for encumbrance. The voucher,
along with all the individual invoices, will be processed at the end
of the month and a new blanket order issued for the following month.
A department desiring to use this system must submit a list of proposed
vendors, estimated average monthly amounts to be authorized and the
reason a blanket order is desired for the approval of the Board. Once
this has been obtained, no further approval of subsequent blanket
orders are necessary even though they may exceed the $500 limit, unless
a single item is over $500.
Vouchers for reimbursement of mileage paid on
a contractual basis. Payment will be made at the same rate as the
current approved rate for Town employees, unless authorized for a
different amount.
A.
A "contract" is a legal obligation between a buyer
and a seller to perform certain duties for a specified price. Technically,
it may be verbal or written. However, the Town recognizes only written
contracts. Generally, a formal (written) contract will be used when
the terms and conditions involved in a commitment are such that a
standard purchase order is not adequate. In addition, there is a formal
contract when:
B.
Because contracts can expose the Town to significant
liability and risks, processes are needed to establish clear controls
and accountability. The contracting process has a number of important
factors, including writing, review, approval and administering. Considering
the complexity of the key issues involved, proper training of all
staff involved in the contract process is necessary. The primary goal
of the contracting process is to establish agreements needed to conduct
Town business in a manner that serves the best interest of the Town.
For Town purposes, an agreement will fall within one of four categories,
each with a different approval process.
(1)
A memorandum of understanding/memorandum of agreement
is an agreement to share information in a structured way in order
to facilitate service delivery that does not involve monetary terms.
All such agreements must include language indicating there is no financial
obligation on behalf of either party to such an agreement. Approval
requires only the department head's signature. Examples include agreements
defining procedures for serving joint clients, for undertaking joint
responsibilities or transfer agreements.
(2)
Department level contracts are contracts that define
standard terms of payment for budgeted services, that include a payment
to or from a Town department that does not exceed $5,000, and that
do not exceed a term of one year. Approval requires the signature
of the department head, a review by the Town Attorney and approval
by the Board. A properly completed fact sheet signed by the department
head must accompany each submission. Examples include annual fire
safety inspection, purchase of services between Town and county departments
that do not exceed $5,000, maintenance agreements, and the like.
(3)
Grant applications must first be approved by the department
head. A detailed fact sheet signed by the department head is then
submitted to the Board. A resolution will then be placed on the agenda
for the Board's consideration. Any agreement for the acceptance of
grant monies must be approved by resolution.
(4)
Insurance company generated contracts are contracts
with health insurance companies where language is standard for a large
line of business and where the negotiation is limited to rate setting.
Approval process is by the Board following consultation with the Board
member(s) assigned to that task.
(5)
For all other contracts, agreements, grant applications
and other commitments not covered elsewhere in this policy, the process
begins with approval by the department head. This is followed by a
review with the appropriate Board Committee. It is then forwarded
to the Town Attorney and then to the Board for its review. It will
then be placed on the agenda for consideration by the Board. A properly
completed fact sheet signed by the department representative may be
required to accompany each submission if the Board or Attorney feel
it is necessary. Examples include grant funding applications.
A.
Purchases of $100 or more require a purchase order.
B.
Purchases of $200 or more require documented comparison
quotes, except for state bid purchases which must have a copy of the
state bid attached with the payment voucher.
C.
The department head may approve purchase orders less
than $500.
E.
The Town Attorney's review is required for all agreements
over $1,000.
F.
Purchases and contracts over $5,000 must be approved
by the Town Board.
G.
The Highway Committee's approval is required (in writing)
for all highway equipment purchases between $1,000 and $5,000. Highway
Department purchases in excess of $2,500 must be approved by the full
Board.
A.
Emergency. An emergency exists only when the delay
caused by soliciting quotes would endanger the health, welfare, or
property of the Town and its citizens. When this situation exists,
the procurement of goods or services will be at the discretion of
the department head. Documentation as to the nature of the emergency
shall be sent to the Supervisor within five working days of such procurement.
B.
Statutory exceptions from policies and procedures.
Except for procurements made pursuant to General Municipal Law § 103(3)
(through county contracts) or § 104 (through state contract,
State Finance Law, § 175-b) (from agencies for the blind
or severely handicapped), Correction Law, § 186 (articles
manufactured in correctional institutions) or the items excepted herein
(see below), alternative proposals or quotations for goods and services
shall be secured by use of written requests for proposals, written
quotations, verbal quotations or any other method of procurement which
furthers the purposes of General Municipal Law § 104-b.
The governing board shall annually review these
policies and procedures. The Town Supervisor shall be responsible
for conducting an annual review of the procurement policy and for
an evaluation of the internal control structure established to ensure
compliance with the procurement policy.
A.
The unintentional failure to fully comply with the
provisions of the General Municipal Law § 104-b shall not
be grounds to void action taken or give rise to a cause of action
against the Town of Albion or any officer or employee thereof. The
intentional failure to fully comply with the provisions of this policy
shall result in disciplinary action, including but not limited to
voiding the action taken and/or disciplinary action against the responsible
party.
B.
This policy shall go into effect March 1, 2007, and
will be reviewed annually.