[Adopted 6-28-2011 by L.L. No. 2-2011]
The local law setting forth the duties and authority of the
Chair of the Legislature does not set forth the procedure for emergency
purchases or emergency contracts for services other than to say that
the Chair "shall be the day-to-day administrative head of County government."
This Legislature has in the past incorporated limited emergency authority
in resolutions dealing with specific issues but needs to have in place
a local law setting forth an emergency procedure for purchases or
contracts.
The Chair of this County Legislature (or the Vice Chair if he/she
is not available) is hereby authorized to make emergency purchases
and/or emergency contracts for services as follows:
A. The department head (or other suitable person in the department if
he/she is not available) and the County Administrator shall jointly
present the request for emergency purchases or emergency contracts
for services on an emergency authorization form to be developed by
the County Administrator.
B. If the amount involved is under $500 or the emergency is such that
irreparable harm will take place if the procedure set forth in the
next paragraph is followed, the Chair of the County Legislature (or
the Vice Chair if he/she is not available) may make the decision.
C. Otherwise, the purchase or contract shall be approved by: the Chair
of the County Legislature (or the Vice Chair if the Chair is not available),
the Chair of the Ways and Means Committee, Chair of the applicable
Oversight Committee, the Majority Leader and the Minority Leader.
If a legislator is not available or if any of said legislator positions
is not filled at the time, then another legislator with the most seniority
on the committee or in the party shall be consulted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. A meeting shall not be necessary. Contact and approval by telephone
or email is sufficient.
E. Any such emergency purchase or contract, whichever subsection above
it was done under, shall be reported to the County Legislature at
its next meeting.
An emergency is defined as a situation which may result in harm
to person or property or cause the County significant operational
difficulty or significant potential expense if the matter was to wait
for a meeting to be called or for the next Legislature meeting.
[Adopted 7-28-2020 by L.L. No. 5-2020]
It is the intent of this article, consistent with the powers
granted to County government pursuant to County Law § 400(a),
the Municipal Home Rule Law, and such other laws as may be applicable,
to:
A. General Municipal Law § 103 ("Section 103") sets forth
the general rules applicable to the awarding of contracts for public
works and contracts for purchase by a municipality.
B. Section 103 requires that contracts for public work involving an
expenditure of more than $35,000 and all purchase contracts involving
an expenditure of more than $20,000 shall be awarded by the appropriate
officer, board or agency of a municipality to the lowest responsible
bidder furnishing the required security after advertisement for sealed
bids.
C. Section 103 further provides that a municipality may award purchase
contracts (including contracts for service work, but excluding any
purchase contracts necessary for the completion of a public works
contract pursuant to article eight of the labor law) on the basis
of best value, provided that the municipality implement such authority
by local law.
D. The Cayuga County Legislature hereby determines that it is in the
best interest of the County of Cayuga and its residents for the appropriate
officer, board or agency of Cayuga County, consistent with the purchasing
policy established (and as may be amended from time to time) by the
Legislature, to have the authority to award purchase contracts on
the basis of best value, as defined herein.
For purposes of this article, the following terms shall be deemed
to have the meaning set forth:
BEST VALUE
The basis upon which a contract may be awarded after a competitive
bid for the purchase or goods or services to the bidder which optimizes
quality, cost and efficiency, among responsive and responsible bidders.
Such basis shall reflect, wherever possible, objective and quantifiable
analysis. Such basis may also identify a quantitative factor for bidders
that are small businesses or certified minority- or women-owned business
enterprises, as defined in Subdivisions 1, 7, 15 and 20 of § 310
of the Executive Law, to be used in evaluation of offers for awarding
of contracts for services. Factors that may be used to determine the
best value and to award a contract to other than the lowest bidder
include, but are not limited to:
A.
Cost of maintenance for good(s) or service(s);
B.
Durability of good(s) or service(s);
C.
Quality of good(s) or service(s); or
D.
Product life of good(s) or service(s).
PURCHASING AGENT
The appropriate officer, board, legislative committee or
agency of Cayuga County, consistent with or as defined by the Cayuga
County Procurement Policy, established, and as may be amended from
time to time, by the Cayuga County Legislature, to have the authority
to award purchase contracts on the basis of best value as defined
herein.
If any portion of this article shall be adjudged by the courts
to be invalid, it is the intention of the Legislature that said judgment
shall not affect the remainder thereof if the remainder is sufficient
to carry out the intent of this article.
This article shall take effect immediately upon filing with
the New York State Secretary of State.