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Home My WebLink AboutLL 03 of 2013 Best Value Procurement StandardAndrew M. Cuomo Governor State of New York Department of State One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 Cesar A. Perales Secretary of State March 20, 2013 Paulette Terwilliger Town Clerk 215 N Tioa Street Ithaca NY 14850 RE: Town of Ithaca, Local Law 3 2013, filed on March 20, 2013 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.nv.aov. Sincerely, State Records and Law Bureau (518)474-2755 VWWV.DOS.NY.GOV E-mail: info@dos.ny.gov NEW YORK STATE DEPARTMENT OF STATE Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. □ County □ City Ithaca i) Town a Village Local Law No. ^ of the year 20 A loRfll law 3<^ding Chapter 57 of the Town of Ithaca Code, Entitled "Procurement"(Insert Title) """" to Authorize Use of the Best Value Procurement Standard Be it enacted by the ^o^n Board (Name of Legislative Body) ~~ □ County nf Ithaca as follows: IB Town □ Village See attached (If additional space is needed, attach pages the same size as this sheet, and number each.) DOs-239 (Rev. 05/05) Page 1 of 3 (Complete the certification in the paragraph that applies to the fiiing of this locai law and strike out that which is not applicable.) \ 1. (Final adoption by local legislative body only.) . I hereby certify that the local law annexed hereto, designated as local law No. of 20 2013 of the (County)(City)(Town)(\/illage) of was duly passed by the Town Board on March 11, 20 1? , in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of ^the (County)(City)(Town)(Village) of was duly passed by the .on 20 , and was (approved)( not approved) 'Name of Legislative Body) jepassed after disapproval) by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 ,. in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of — was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 (Rev. 05/05)Page 2 of 3 C:\Documents and Settings\sbova\Desktop\0239.WPD - 0239-f-l.pdf http://www.dos.ny.gov/forms/corporations/0239-f-l.pdf (City local law concerning Charter revision proposed by petition.) hereby certify that the local law annexed hereto, designated as local law No of 20 of « City of having been submitted to referendum pursuant to the provisions of section (36)(37) of e Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting loereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please orovide an appropriate certification.) I further certify that I have compared the preceding local law with the original-w flfejnjiis office and that the same is a correct transcript therefrom and of the whole of such original local law, in indicated in paragraph. | above. Ciefk/of iSem or Village Clerk or officer designated m local legl^ativ^odv CSeaO Date: DOS-0239-f-l (Rev. 06/12) Pag^ ot^ 4 Of 4 3/13/2013 4:01PM Adopted 3-11-2013 TOWN OF ITHACA LOCAL LAW NO. 3 OF THE YEAR 2013 A LOCAL LAW ADDING CHAPTER 57 OF THE TOWN OF ITHACA CODE, ENTITLED “PROCUREMENT”, TO AUTHORIZE USE OF THE BEST VALUE PROCUREMENT STANDARD Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town of Ithaca Code is hereby amended by adding new Chapter 57, entitled “Procurement”, reading as follows: “Chapter 57 §57-1 Authority and purpose. New York General Municipal Law § 103(1) allows the Town to authorize, by local law, the award of certain purchase contracts (including contracts for services) subject to competitive bidding under General Municipal Law § 103 on the basis of “best value” as defined in § 163 of the New York State Finance Law. The “best value” option may be used, for example, if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder or offerer if factors such as lower cost of maintenance, durability, higher quality and longer product life can be documented. §57-2 Award based on best value. The Town Board may award purchase contracts, including contracts for services, on the basis of best value, as that term is defined in New York State Finance Law § 163. All awards based on best value shall require Town Board approval. §57-3 Applicability. The provisions of this chapter apply to Town purchase contracts, including contracts for services, involving an expenditure of more than $20,000, but excluding purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the New York Labor Law and any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of New York General Municipal Law § 103 are increased or decreased in the future by the State Legislature, the dollar thresholds set forth herein shall be deemed simultaneously amended to match the new General Municipal Law thresholds. Adopted 3-11-2013 §57-4 Standards for best value. Goods and services procured and awarded on the basis of best value are those that the Town Board determines optimize quality, cost and efficiency, among responsive and responsible bidder or offerers. Where possible, the determination shall be based on an objective and quantifiable analysis of clearly described and documented criteria as they apply to the rating of bids or offers. 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. §57-5 Documentation. Whenever any contract is awarded on the basis of best value instead of lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented. §57-6 Procurement policy superseded where inconsistent. Any inconsistent provision of the Town’s procurement policy, as adopted prior to the effective date of this chapter by resolution of the Town Board, or as amended thereafter, shall be deemed superseded by the provisions of this chapter.” Section 2. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State.