Bill Text: NY A07212 | 2009-2010 | General Assembly | Introduced

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Bill Title: Authorizes the city of Auburn to grant a preference to local businesses located in Cayuga county in awarding city contracts for public works and purchases, when such contracts do not exceed $100,000.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-04-13 - held for consideration in local governments [A07212 Detail]

Download: New_York-2009-A07212-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7212
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 26, 2009
                                      ___________
       Introduced  by  M.  of  A. FINCH, KOLB -- Multi-Sponsored by -- M. of A.
         CROUCH -- read once and referred to the Committee on Local Governments
       AN ACT to amend the general municipal law, in  relation  to  authorizing
         the city of Auburn to prefer businesses located in the county of Cayu-
         ga in awarding public contracts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 103 of the general municipal  law,
    2  as  amended  by  chapter  741 of the laws of 2005, is amended to read as
    3  follows:
    4    1. Except as otherwise expressly provided by an act of the legislature
    5  or by a local law adopted prior to  September  first,  nineteen  hundred
    6  fifty-three,  all  contracts for public work involving an expenditure of
    7  more than twenty thousand dollars and all purchase  contracts  involving
    8  an  expenditure  of  more than ten thousand dollars, shall be awarded by
    9  the appropriate officer, board or agency of a political  subdivision  or
   10  of any district therein including but not limited to a soil conservation
   11  district, to the lowest responsible bidder furnishing the required secu-
   12  rity  after advertisement for sealed bids in the manner provided by this
   13  section; PROVIDED, HOWEVER, THAT IN THE CITY OF AUBURN, FOR PUBLIC WORKS
   14  AND  PURCHASE  CONTRACTS  UP  TO  ONE  HUNDRED  THOUSAND  DOLLARS,  SUCH
   15  CONTRACTS  MAY  BE AWARDED TO THE RESPONSIBLE BIDDER WHOSE BID IS WITHIN
   16  FIVE PERCENT OF THE BID OF THE LOWEST  RESPONSIBLE  BIDDER  AND  IF  THE
   17  PRINCIPAL  PLACE OF BUSINESS OF SUCH BIDDER IS LOCATED WITHIN THE COUNTY
   18  OF CAYUGA.  In any case where a  responsible  bidder's  gross  price  is
   19  reducible  by  an  allowance for the value of used machinery, equipment,
   20  apparatus or tools to be traded in by a political subdivision, the gross
   21  price shall be reduced by the amount of such allowance, for the  purpose
   22  of  determining  the  low  bid.  In  cases where two or more responsible
   23  bidders furnishing the required security submit  identical  bids  as  to
   24  price,  such  officer,  board or agency may award the contract to any of
   25  such bidders.  Such  officer,  board  or  agency  may,  in  his  or  its
   26  discretion,  reject  all bids and readvertise for new bids in the manner
   27  provided by this section. For purposes of this section,  "sealed  bids",
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00833-01-9
       A. 7212                             2
    1  as that term applies to purchase contracts, shall include bids submitted
    2  in  an electronic format, provided that the governing board of the poli-
    3  tical subdivision or district, by resolution, has authorized the receipt
    4  of  bids in such format. Submission in electronic format may not, howev-
    5  er, be required as the sole method for  the  submission  of  bids.  Bids
    6  submitted in an electronic format shall be transmitted by bidders to the
    7  receiving  device  designated  by the political subdivision or district.
    8  Any method used to receive electronic bids  shall  comply  with  article
    9  three of the state technology law, and any rules and regulations promul-
   10  gated  and  guidelines  developed thereunder and, at a minimum, must (a)
   11  document the time and date of receipt of  each  bid  received  electron-
   12  ically;  (b)  authenticate  the  identity  of the sender; (c) ensure the
   13  security of the information transmitted; and (d)  ensure  the  confiden-
   14  tiality  of  the bid until the time and date established for the opening
   15  of bids. The timely submission of an electronic bid in  compliance  with
   16  instructions  provided for such submission in the advertisement for bids
   17  and/or the specifications shall be the  responsibility  solely  of  each
   18  bidder or prospective bidder. No political subdivision or district ther-
   19  ein  shall  incur  any  liability from delays of or interruptions in the
   20  receiving device designated for the submission and receipt of electronic
   21  bids.
   22    S 2. Subdivision 1 of section 103 of the  general  municipal  law,  as
   23  amended  by  chapter  413  of  the  laws  of 1991, is amended to read as
   24  follows:
   25    1. Except as otherwise expressly provided by an act of the legislature
   26  or by a local law adopted prior to  September  first,  nineteen  hundred
   27  fifty-three,  all  contracts for public work involving an expenditure of
   28  more than twenty thousand dollars and all purchase  contracts  involving
   29  an  expenditure  of  more than ten thousand dollars, shall be awarded by
   30  the appropriate officer, board or agency of a political  subdivision  or
   31  of any district therein including but not limited to a soil conservation
   32  district, to the lowest responsible bidder furnishing the required secu-
   33  rity  after advertisement for sealed bids in the manner provided by this
   34  section. In any case where a responsible bidder's gross price is reduci-
   35  ble by an allowance for the value of used machinery, equipment,  appara-
   36  tus or tools to be traded in by a political subdivision, the gross price
   37  shall  be  reduced  by  the amount of such allowance, for the purpose of
   38  determining the low bid. In cases where two or more responsible  bidders
   39  furnishing the required security submit identical bids as to price, such
   40  officer,  board or agency may award the contract to any of such bidders.
   41  Such officer, board or agency may, in his or its discretion, reject  all
   42  bids  and  readvertise  for  new  bids  in  the  manner provided by this
   43  section; PROVIDED, HOWEVER, THAT IN THE CITY OF AUBURN, FOR PUBLIC WORKS
   44  AND  PURCHASE  CONTRACTS  UP  TO  ONE  HUNDRED  THOUSAND  DOLLARS,  SUCH
   45  CONTRACTS  MAY  BE AWARDED TO THE RESPONSIBLE BIDDER WHOSE BID IS WITHIN
   46  FIVE PERCENT OF THE BID OF THE LOWEST  RESPONSIBLE  BIDDER  AND  IF  THE
   47  PRINCIPAL  PLACE OF BUSINESS OF SUCH BIDDER IS LOCATED WITHIN THE COUNTY
   48  OF CAYUGA.
   49    S 3. This act shall take effect immediately, provided that the  amend-
   50  ments  to subdivision 1 of section 103 of the general municipal law made
   51  by section one of this act shall be subject to the expiration and rever-
   52  sion of such subdivision pursuant to subdivision (a) of  section  41  of
   53  part  X  of  chapter  62 of the laws of 2003, as amended, when upon such
   54  date the provisions of section two of this act shall take effect.