RESOLUTION
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP ROBINSON, MINORITY LEADER BREEN, COUNCILMEMBERS PINEDA-ISAAC, DIAZ, AND MERANTE:
RESOLUTION OF THE CITY COUNCIL CONFIRMING THE CITY OF YONKERS’ COMPLIANCE WITH THE REQUIREMENTS OF SECTION 104-B OF THE GENERAL MUNICIPAL LAW AND ADOPTING THE PROCUREMENT POLICY
body
WHEREAS, Section 104-b of the General Municipal Law of the State of New York (hereinafter, Section 104-b) provides that goods and services which are not required by law to be procured by political subdivisions and districts therein pursuant to competitive bidding requirements must, nonetheless, be procured in a manner to assure the prudent and economical use of public moneys in the best interests of taxpayers and to guard against favoritism, improvidence, extravagance, fraud and corruption; and
WHEREAS, to further these objectives, Section 104-b requires the governing boards of all political subdivisions, by resolution, to adopt internal policies and procedures governing all procurements of goods and services, which are not required to be made pursuant to competitive bidding requirements’ and
WHEREAS, the policies and procedures must at a minimum: (1) prescribe procedures for determining whether a procurement is subject to competitive bidding and, if it is not, documenting the basis for such a determination; (2) provide that, with certain exceptions (i.e., purchases under county or State contracts, purchases from preferred sources, procurements for which the policies and procedures provide that solicitation of proposals or quotations will not be in the best interest of the political subdivision), when competitive bidding is not required by law, alternative proposals or quotations will be secured by written requests for proposal, written or verbal quotations or any other method of procurement which furthers the purposes of Section 104-b; (3) set forth when each method of procurement will be used, taking into account which method best furthers the purposes of Section 104-b and the cost-effectiveness of the method; (4) require adequate documentation of actions taken; (5) if a contract is awarded to other than the lowest responsible dollar offered, require justification and documentation of the reasons such award furthers the purposes of Section 104-b; and (6) set forth any circumstances when, or types of procurements for which, in the sole discretion of the governing board, the solicitation of alternative proposals or quotations will not be in the best interest of the political subdivision or district; and
WHEREAS, the City Council has reviewed the procurement policy attached hereto as Schedule A and solicited comments on the policies and procedures from officers involved in the procurement process prior to the adoption of the policies and procedures set forth herein.
NOW, THEREFORE, BE IT RESOLVED, that Schedule A attached hereto is adopted as the Procurement Policy for the City of Yonkers; and be it further
RESOLVED, where any conflict exists between any prior resolution and this Resolution, this Resolution shall take precedence; and be it further.
RESOLVED, that this resolution will take effect immediately.