[HISTORY: Adopted by the Cayuga County Legislature as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-28-2011 by L.L. No. 2-2011[1]]
[1]
Editor's Note: This local law was subject to permissive referendum and, no petition for referendum having been filed, went into effect 8-11-2011.
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.
A. 
On and after the effective date of this article, the Purchasing Agent 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 Labor Law Article 8, on the basis of best value, as defined in State Finance Law § 163, to a responsive and responsible bidder.
B. 
Where the basis for award is the best value offer, the Purchasing Agent shall document in the procurement record 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.
C. 
Where appropriate, the solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be considered by the Purchasing Agent in their determination of best value.
D. 
The election to award any such contract on the basis of best value shall be made by the Purchasing Agent in consultation with the department head and appropriate Legislative committee. In the event that no such election is made, purchase contracts will continue to be awarded to the lowest responsible bidder furnishing any required security in accordance with the Cayuga County Procurement Policy.
E. 
Notwithstanding the appointive authority of the Cayuga County Legislature, the Legislature may, by resolution, delegate administrative authority and general oversight of the Superintendent of Buildings and Grounds to a County Administrator or Deputy, the Chair of the Legislature, or the Chair of the Oversight Committee to which the Superintendent of Buildings and Grounds shall report.
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.