Full Text
Local Law Filing ' ' New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue • , Albany, NiV 12231-0001 www.dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) ji Text of law should be given as arnended. Do not include matter being eli^ip^tic&nd do pot use italics or underlining to indicate new matter. underlining g] Cou nty • C ity DTown • Vi I lage (Select one:) of Cortland Local Law No. 6 ofthe year 2016 A local law Authorizing the Use of Best Value Ayvard Methodology for Purchase Contracts • (InsertTitle) ' ^ ' ~ Be itenacted by the ' ofthe (Name of Legislative Body) [xjCounty QCity QTown •Village (Selectone:) of Cortland as follows: See attached (If additional space is needed, attach pages the same sIze as this sheet, and number each.) DOS-0239-f-l (Rev. 02/10) Page 2 of 4 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is notapplicabie.) ji 1. (Final adoption by local legislative body only.) R 'I I hereby certify that the local law annexed hereto, designated as local law No. • ; L of 2 0 l ^ of the (County)(C.ity)(Tnwn)(Village).of , was ddly passed by the Cortland County Legislature . Jarxuary 28 . 2 0 ^ , in accordance vyith the applicable (Name of Legislative Body) ' ' provisions of law.. - , I 2. (Passage by local legislative body WIth no disapproval or repassage afterdisapproval^ by the Elective Chief Executive Officer*.) i . I hereby certify that the local law annexed^ hereto, designatecj as local law No. . i of 20 of the (County)(City)(Town)(Village) of ' . was duly passed bythe • : on • • ^ 20 , and was approved) (Name of Legislative Body) ji (repassed after disapproval) by the ; : and was deemed duly "adopted - (Elective Chief Executive Officer*) , jI on 201 I I, in accordance w ith the applicable provisions of law. i 3. (Final adoption by referendum.) i! 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) • , 'j (repassed after disapproval) by the • ' on 20 . . ' (Elective Chief Executive Officer*) Such local law was'submitted to the people by reason ofa (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 Bbdy) (repassed after disapproval) by the : on . 20_J . Such local (Elective Chief Executive Officer*) ' \ law was subject to permissive referendum and no valid petition requesting such referendum was filed as of J 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-0239-f-l (Rev. 02/10) . , . • , Page 3 of 4 ---PAGE BREAK--- 5. (City local lawconcerning Charter revision proposed by petition.) 1 hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of sbction (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20- .becameoperative. jl 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. November _State of New York, having been submitted to the electors at the General Election of 20. pursuantto subdivisions 5 and 7 of section 33 ofthe 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 ajimajority 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 provide ah appropriate certification:) I further certify that I have compared the preceding local'law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original locaMaw, and was finally adopted in th^^anner indicated in paragraph ^ above. (Seal) Clerk ofti officer de; Date: unty'legislative body. City, Town or Village Clerk or nated by local legislative body 1 l/2n^. (Certification to be executed by County Attorney, Corporation Cbunsel, Town Attorney, Village Attorney or other authorized attorney of locality.) I STATE OF NEW YORK ' ' " . . - ' . . ' COUNTY OF Cortland • . . I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken forthe eriactment of thelocal law annexed hereto. Signature Coilland County Attorney • i! Title County City Cortland Town ~ " Village' . • Date: ' DOS-0239-f-l (Rev. 02/10) Page 4 of 4 ---PAGE BREAK--- ON MOTION OF KEVIN WHITNEY RESOLUTION NO. 57-16 Adopt Local Law 6 of 2016 Authorizing the Use*of Best Value Award Methodoiogy for Purchase Contracts i • • • • ' . - ^ • • • ' 1 WHEREAS, New York State General Municipal Law §103 has been amended to provide local governments greater flexibility in awarding contracts by authorizing the award of 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 La\y), on the basis of best value; « ' - ' • ' NOW THEREFORE, BE IT ENACTED by the Legislature of the County of as follows: - i Section 1 Legislative Intent ' . I With the increased complexity of the goods and services that the County must obtain in order to serve taxpayers, it is critical to consider selection and evaluation criteria which measure factors other than cost in the strictest sense. Best value procureinent links the procurernenf process directly to the County's performance requirements, including, but not limited ,to, selection factors such as useful lifespan' quality, and options and incentives' for more tiniely performance and/or additional services. Best value procurement can provide- much-needed flexibility in obtaining important goods and services at favorable prices, and can reduce the time to procure such goods and services. ' Section 2 Definitions ' , ' y. ' li ' . - ' 'i As used in this local law, the following terms shall have the following meanings: i A. "Best Value" means the basis for awarding contracts, for services to the offerer that optimizes quality, cost and efficiency, among responsive offerers. Such tjasis shall reflect, wherever possible, objective and quantifiable analysis. Such basis limay also identify a quantitative factor for offerers that are small businesses or certified rninority or women-owned business enterprises as defined in Executive Law §310 subdivisions 1, 7, 15 and 20 to be used in.evaluation of offers for avvarding of'contracts for services. (New York State Finance Law §163 • ' ' B. Factors which may be used to determine "best value" and to award a contract to other than the lowest bidder, are as follows: • , I ---PAGE BREAK--- 1. Cost of maintenance;-. 2. Product life; ' , . 3. Warranties; : . 4. Past performance, reliability, or durability, and current or past experience with the provision of similar goods/services; ' ' . jj 5. Organization, staffing (particular abilities and/or experience), and ability to undertake the type and complexity of the work; I 6. Financial capability; ' I 7. Record of compliance with all federal, state and-local laws, rules, andIIlicensing requirements; or > 8. Ability to meet County needs in a timely and accountable fashion. C. "Lowest Price" means the basis for awarding contracts for commodities among responsive and responsible offerers. (New York State Finance Law §163 D. "Procurement Record" fheans dociraientation of the decisions made and theiapproach taken in the procurement process. (New York State Finance Law §163(l.)(f)) Section 3 Best Value Award Methodology Requirements ' > . - - ' ' . • • ' • • I ' Where the basis for an award of a purchase contract will be the best value offer, the purchaser shall, in all instances: • , I A. Document in the procureinent: record as a component of the competitive award process and in advance of the initial receipt of offers, the determination of the evaluation criteria, which, whenever possible; shall be quantifiable, and the process to be used in the determination of best value and the manner in which the evaluation process and selection shall be conducted. !i . . - - • • ) . . . ' - - - . ' - . ' - . * B. The solicitation shall prescribe the minimum specifications or requirements that must be met in order to be considered responsive and shall describe, and disclose the general marmer in which the evaluation and selection shall be conducted. Where appropriate, the solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be considered by the County in its determination of best valine. , - , • • ' . • ' . I C. Select a forrhal competitive prociirement process in accoi'dance with New Y[ork State General Mimicipal Law and other state law and the guidelines established under Cortland County's Purchasing Policy and document the deterniination in the proeuremeiht record. The process of selection shall include, but may not necessarily be limited to: 1. a clear statement of need: , ii ---PAGE BREAK--- 2. a description of the required specifications goveming performance arid related factors; ' - ] ' . . < ' 3. a reasonable process for ensuring a competitive field; • i! 4. a fair and equal opportunity for offerers to submit responsive offers; \ 5. a balanced and fair method of award. , „ : ^ D. Where the basis for the award is best value, documentation in the prOcuremeint record shall, where practicable, include a quantification of the application of the criteria to the rating of proposals and the evaluation results, or, where not practicable, such other justification which demonstrates that best value will be achieved. Each individual purchaser (County Department) shall maintain and retain^ all documentation used in the award process. Il . • • : ! E. The determination to award a contract on the basis of best value shall be m^ide by the Cortland County Legislature. Such.detenninatiori shall include the specific criteria applied in determining best value which shall reflect, wherever possible, objective and quantifiable analysis. The Legislature should use a cost-benefit analysis or ot\iev similar process to demonstrate quantifiable value or savings from non-price factors thatijoffset the price differential of lower price offers. i jI F. In the event that no best value election is made, purchase contracts will continue to be . awarded to'the lowest responsible bidder furnishing required security. ; • ' ' ' ' ; ' ' I G. This local law does not apply to purchase contracts for the:following: Any purchase contract necessary for the completion-of a public works contract ' - • ' • - ' !i pursuant to Article 8 of the New York State Labor Law; and (ii) Any purchase or procurement of goods and/or services otherwise excluded by law from best value purchasing standards, whether novv existing or hereafterI arising. Section 4 Severability ' • ] ' ' ' • - • . - If any clause, sentence, paragraph, subdivision, section, or part' of this law or the .application thereof to any person, individual,'corporation, firm, partnership,'entity or circumstance shall be • • • i , • ii adjudged by any court of competent jurisdiction to be invalid or imconstitutional, such order or judgment shall riot affect, impair, effect or invalidate the remainder thereof, but shall be confined in its operation to the clause; sentence, paragraph, subdivision, section or part of this law or in its application to the person, individual, corporation, firm, partrijership, entity or circumstance ---PAGE BREAK--- directly involved in the controversy in which such order or judgment shall be rendered Section 5 Effective Date This local law shall take effect irrimediately upon adoption by the Cortland County Legislature and filing with the New York State Secretary of State. j . ; STATE OF NEW YORK) SS: j COUNTY OF CORTLAND) This is to certify.that!, the undersigned. Clerk of the Cortland County'Legislature; have compared the foregoirig copy with the original now on file in this office, and that the aboye actions were passed by the' Cortland County Legislature on the 28th day of January, 2016 and that the same is a correct and true transcript of such actions taken. . j IN WITNESS] WHEREOF I have hereunto; set my hand and the official seal of the CORTLAND COUNTY LEGISLATURE; this 28th day of January, 2016. Eric J.jIMulvihill Clerk ofthe Cortland Couiity li'egislature