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Page 1 of 3 At a regular meeting of the Village Board of Trustees for the Village of Fair Haven held on February 12, 2018 PROCUREMENT POLICY WHEREAS, Section 104-b of the General Municipal Law (GML) requires every village to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirements of GML, Section 103 or any other law; and WHEREAS, general discussion has been held between village board trustees and/or the village representatives leading to a formation of a procurement policy; NOW, THEREFORE, on motion duly made by Trustee Holley Webster-Goolden and seconded by Trustee Judith Dunaway, be it RESOLVED: That the Village of Fair Haven does hereby adopt the following procurement policies and procedures: Guideline 1. Every prospective purchase of goods or services shall be evaluated to determine the applicability of GML, Section 103 which said section among other matters, states that all contracts for public work involving an expenditure of more than $35,000.00 and all purchase contracts involving an expenditure of more than $20,000.00 shall be awarded through the lowest responsible bidder after advertisement for sealed bids. Those officers, employees and/or officials with the authority to purchase on behalf of the Village, as set forth on the attached List of Authorized Purchasers, (hereinafter “Purchaser” or “Purchasers”) shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year. That estimate shall include the canvas of other village departments and past history to determine the likely yearly value of the commodity to be required. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity. Guideline 2. All purchases of a) supplies or equipment which will exceed $20,000.00 in the fiscal year or b) public works contracts over $35,000.00 shall be formally bid pursuant to GML, Section 103. Guideline 3. All estimated purchases of: a. Less than $20,000.00 but greater than $10,000.00, may be bid at the option of the village board, or in the alternative, shall require written and/or faxed quotes from at least three or more vendors where available. b. Less than $10,000.00 but greater than $499.00, may be bid at the option of the village board, or the alternative, require an oral request for the goods and written and/or faxed quotes from not less than two vendors where available. c. Less than $500.00 are left to the discretion of the Purchaser, but shall be documented by invoice for future reference. All Estimated Public Works Contracts of: d. Less than $35,000.00 but greater than $19,999.00, may be bid at the option of the village board, or in the alternative, shall require written and/or faxed proposals from three contractors where available. e. Less than $20,000.00 but greater than $9,999.00, may be bid at the option of the village board or shall require a written and/or faxed proposal from not less than two contractors where available. ---PAGE BREAK--- Page 2 of 3 f. Less than $10,000.00 may be bid at the option of the village board or shall be left to the discretion of the Purchaser providing adequate documentation by invoice or otherwise as supplied for future reference. Guideline 4. Minority-and Women-Owned Business Enterprise (M/WBE) Business Participation in Procurement and Contracting: In an effort to affirmatively increase procurement and contracting opportunities for minority-and women-owned business enterprises, the Village will solicit up to three MBEs and/or WBEs as part of its procurement process, when appropriate. Solicitation may be undertaken via advertisements in minority publications or direct outreach by letter or email to identified State-certified M/WBEs, or by working with a clearinghouse such as the Syracuse Minority Business Development Center. The above purchase/contracting thresholds will apply. For the purpose of the above, the M/WBE must be certified by Empire State Development (ESD) through the Division of Minority and Women Business Development The Village will keep documentation of M/WBE solicitation in its records and any response(s) thereto. Business Participation in Procurement and Contracting: For federally funded projects or activities subject to Section 3 of 24 CFR Part 135 of the Housing and Urban Development Act of 1968, as amended, the Village will to the greatest extent feasible, facilitate participation of Section 3 residents and Section 3 businesses in the procurement of goods and services pursuant to its Section 3 Participation Plan. Solicitation may be undertaken via advertisements in local publications encouraging Section 3 participation, or direct outreach by letter or email to identified Section 3 businesses or individuals included on the Department of Housing and Urban Development’s Section 3 Businesses Registry. The above purchase/contracting thresholds will apply. The Village will keep documentation of Section 3 solicitation in its records and any response(s) thereto. Labor Surplus Area Business Participation in Procurement and Contracting: The Village will solicit bids of quotes for federally funded projects from at least one business located in a labor surplus area (LSA) as defined by the US Department of Labor. The Village will access information on eligible labor surplus areas for the most current time period through the NYS Department of Labor. Quotes or bids from a business or businesses in an LSA or LSAs will be solicited directly by phone, email or letter. The above purchase/contracting thresholds will apply. The Village will keep documentation of LSA solicitation in its records and any response(s) thereto. Guideline 5. Any purchaser shall compile a list of all vendors from whom written, fax, or oral quotes have been requested and/or offered, and all information gathered and complying with the procedures of this Guideline shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract. Guideline 6. The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the Purchaser whether village board or not, prepares a written justification and providing reasons why it is in the best interest of the village and its payers to make an award to other than the lowest bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement, where available. ---PAGE BREAK--- Page 3 of 3 Guideline 7. 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 shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement. Guideline 8. Except when directed by the village board, no solicitation of written proposals or quotations shall be required under the following circumstances: a. Acquisition of professional services; b. Emergencies; c. Sole source situations; d. Goods purchased from agencies for the blind or severely handicapped; e. Goods purchased from correction facilities; f. Goods purchased from another governmental agency; g. Goods purchased at auction; and h. Goods purchased under state bid; goods purchased under County bid. Guideline 9. Cumulative purchases of goods or services during a single transaction exceeding the applicable thresholds shall require approval prior to purchasing. Guideline 10. This policy shall be reviewed annually by the village board at its organizational meeting or as soon thereafter as is reasonably practicable. The motion having been put to a vote of the members present, this Policy is adopted on a motion by Deputy Mayor Walter Krehling and a second by, Trustee Judith Dunaway a vote of 4 in favor, 0 opposed, and 1absent in accordance with the following vote: Voting on Resolution Yes No Absent/Abstained James Basile, Mayor [ ] [ ] [ ] Walter Krehling, Deputy Mayor [ ] [ ] [ ] Holley Webster-Goolden, Trustee [ ] [ ] [ ] Judith Dunaway, Trustee [ ] [ ] [ ] Pete Hanford, Trustee [ ] [ ] [ ] Dated: February 12, 2018 Terri M. DiGregorio, Clerk-Treasurer List of Authorized Purchasers Village of Fair Haven 1. Mayor 2. Village Clerk 3. Department of Public Works Superintendent