Supervisor pass procurement law

 Supervisors July 26 2021

 

Supervisor pass procurement law

By PETE KLEIN

LAKE PLEASNT

The Hamilton County Board of Supervisors met on July 26 and passed a

Local Law Adopting the Hamilton County Best Value Procurement Law.

The resolution adopting the local law reads as follows: BE IT RESOLVED, that proposed Local Law No. 2 of the year 2021 entitled respectively, “A LOCAL LAW ADOPTING THE HAMILTON COUNTY BEST VALUE PROCUREMENT LAW” be and the same is hereby introduced to the Board of Supervisors, and be it further

RESOLVED, that the copies of the aforesaid proposed Local Law be laid upon the desks of each member of the Hamilton County Board of Supervisors, and be it further

RESOLVED, that the Hamilton County Board of Supervisors shall hold a public hearing on said proposed Local Law at the County Office Complex, Route 8, Lake Pleasant, New York, on the 5th day of August, 2021, at 11:00 a.m., and be it further

RESOLVED, that the Chairman of the County Board of Supervisors publish or cause to be published a public notice in the official newspaper of the County of said public hearing at least five (5) days prior thereto.

Seconded by

PROPOSED LOCAL LAW NO. 2 OF 2021 A LOCAL LAW ADOPTING THE HAMILTON COUNTY BEST VALUE PROCUREMENT LAW

BE IT ENACTED by the County of Hamilton as follows:

SECTION 1. Name of Local Law

This law shall be known as “Hamilton County Best Value Procurement Law”. SECTION 2. Findings and Intent

General Municipal Law § 103 provides local governments greater flexibility in awarding contracts by authorizing the award of purchase contracts, including contracts for service work on the basis of best value. The state requires a local law authorizing the use of the best value award process. 

Enactment of this legislation provides additional procurement options to Hamilton County in ways that may expedite the procurement process and result in cost savings. The “best value” standard for selecting goods and services vendors, including janitorial and security contracts, is critical to efforts to use strategic sourcing principles to modernize the supply chain and ensure that taxpayers obtain the highest quality goods and services at the lowest potential cost, while also ensuring fairness to all competitors. 

The federal government, approximately half of the states and many localities have added best value selection processes to their procurement options, in recognition of these advantages. With the increased complexity of the goods and services that municipalities must obtain in order to serve taxpayers, it is critical to consider selection and evaluation criteria that measure factors other than cost in the strictest sense. 

Taxpayers are not well served when a public procurement results in low unit costs at the outset, but ultimately engenders cost escalations due to factors such as inferior quality, poor reliability, and difficulty of maintenance. Best value procurement links the procurement process directly to the municipality’s performance requirements, incorporating selection factors such as useful lifespan, quality and options and incentives for more timely performance and/or additional services. 

Even if the initial expenditure is higher, considering the total value over the life of the procurement may result in a better value and long-term investment of public funds. Best value procurement also encourages competition and, in turn, often results in better pricing, quality and customer service.  Fostering healthy competition ensures that bidders will continue to strive for excellence in identifying and meeting municipalities’ needs, including such important goals as the participation of small, minority and women-owned businesses, and the development of environmentally

preferable goods and service delivery methods. Best value procurement will provide much needed flexibility in obtaining important goods and services at favorable process and will reduce the time to procure such goods and services.

SECTION 3. Definitions

“Best value” means the basis for awarding contracts for services to the offerer which optimizes quality, cost, and efficiency, among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective, and quantifiable analysis. Such basis may also identify a quantitative factor for offerers that are small businesses or certified minority, or women-owned business enterprises as defined in the executive law to be used in evaluation of offers for awarding of contracts for services.

SECTION 4. The Best Value Award Methodology

When developing solicitation documents for competitive bids for the award of purchase contracts for goods and contracts for service work, a department head may and subject to the requirements herein below set forth and the applicable requirements set forth in the Hamilton County Procurement Policy, determine that an award of a purchase contract or applicable service contract shall be based upon best value methodology.

SECTION 5. Requirements

Where the basis for award of a purchase contract will be the best value offer, the department head shall in all instances:

A. Where the basis for award is the best value offer, the department head 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. 

B. The department head shall select a formal competitive procurement process in accordance with guidelines established by the state procurement council and the Hamilton County Procurement Policy and document its determination in the procurement record. The process shall include, but is not limited to, clear statement of need; a description of the required specifications governing performance and related factors; a reasonable process for ensuring a competitive field; a fair and equal opportunity for offerers to submit responsive offers; and a balanced and fair method of award. Where the basis for the award is best value, documentation in the procurement 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. 

C. 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 manner 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 value. 

SECTION 6. 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 adjudged  by an court of competent jurisdiction to be invalid or unconstitutional, such order or judgement  shall not 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, partnership, entity or circumstance directly  involved in the controversy in which such order or judgement shall be rendered. 

SECTION 7. Effective Date

This local law shall take effect immediately upon filing with the New York State Secretary of State.

Reflections On Mission, Fr. John Barth | Maryknoll Fathers and Brothers

National anthem of the United States of America (lyrics)

Ranger Report July 21 2021

 Ranger Report July 21 2021

Town of Inlet--On July 15 at 1 p.m., DEC Environmental Conservation Police Officer Gates contacted DEC's Ray Brook Dispatch advising that he had overheard radio traffic regarding a 74-year-old subject from Hamburg with an ankle injury near the top of Black Bear Mountain. Four Forest Rangers and one AFR responded to assist, along with resources from Herkimer County. At 4:07 p.m., Forest Ranger Hanno advised that Rangers carried the injured hiker to the trailhead where they were met by EMS. The subject was transferred to a waiting ambulance for transport to a local hospital.

Town of Arietta--On July 16 at 8:30 a.m., Forest Ranger Kerr located the vehicle of a group reported overdue from a camping trip on the French Louis Loop in the West Canada Lake Wilderness Area. Two additional Rangers responded to the trailhead to assist with a search. At 12:30 p.m., Forest Ranger Scott advised he had located the group from Staten Island on the trail in good condition. The hikers took a wrong turn the previous evening, causing them to spend an additional night in the woods. Ranger Scott escorted the group out of the woods and everyone was back to their vehicles by 3:15 p.m.

 Ranger Report July 8 2021

Town of Benson: On June 30 at 10:24 p.m., DEC's Ray Brook Dispatch received a call from the International Emergency Response Coordination Center (IERCC) reporting receipt of a Garmin inReach device activation at Woods Lake in the Silver Lake Wilderness Area.

IERCC received the message from a 30-year-old woman from Winooski, Vermont, who was experiencing chest pain, increased heart rate, dizziness, and nausea. Forest Rangers Thompson and Kerr responded along with the Northville Fire Department and the Greater Amsterdam Volunteer Ambulance Corps. Forest Rangers reached the subject at 11:51 p.m. She was able to walk back out to the trailhead with EMS assistance. Once at the trailhead, the hiker was loaded into an ambulance and transported to a nearby hospital for medical treatment

County authorizes repairs

 Supervisors July 1 2021

County authorizes repairs

By PETE KLEIN

LAKE PLEASANT—When the Hamilton County Board of Supervisors met on July 1, it passed numerous resolutions to include several related to repairing county property.

PAVING AT THE INDIAN LAKE MAIN BUILDING ENTRANCE

WHEREAS the DPW Superintendent needed to pave a section of the parking lot and entryway at the main building at the Indian Lake Building Facility, and 

WHEREAS, the DPW Superintendent had G.H. Wood Co. complete the paving per Hamilton County award for Bid Spec 8-2021 at a cost of $3,869.50, be it 

RESOLVED, the County Treasurer is hereby authorized to make payment of $3,869.50 to G.H. Wood Co., PO Box 650, Lake Pleasant NY 12108 out of Account No. A1620.0413 Projects and the Clerk of the Board and DPW Superintendent be so notified. 

PAYMENT FOR EMERGENCY SEPTIC TANK REPAIRS

WHEREAS the county septic system at the Lake Pleasant Courthouse facilities was in alarm status on April 28, 2021, and 

WHEREAS, the DPW Superintendent requested Adirondack Septic Tank, Corp. to come access and diagnose the issue, and 

WHEREAS it was found that one of the septic pumps had failed and needed to be replaced, and 

WHEREAS, the Superintendent authorized Adirondack Septic Tank, Corp. to move forward with the replacement of the failed pump and this work required but not limited to pump and flush septic tank and pump chamber, line testing and installation of a new septic pump at a cost of $9,271.80, be it. 

RESOLVED, hereby the County Board of Supervisors approve of the payment of $9,271.80 to Adirondack Septic Tank, Corp., 4720 State Hwy 30, Amsterdam, NY 12010, and the County Treasurer be so authorized to send a payment of $9,271.80 to Adirondack Septic Tank, Corp. out of Account No. A1620.0404 Repairs and the Clerk of the Board and DPW Superintendent be so notified. 

CAPITAL PROJECT FOR DAMAGE REPAIR FROM HALLOWEEN STORM 

WHEREAS, to date, $1,200,000 has been transferred from the County Road Fund Balance for repairs of damage from the Halloween Storm of 2019, and 

WHEREAS, the DPW has been continuing repairs from the damage and needs more funding to continue the damage repairs including two bridge replacements, and

WHEREAS DPW Superintendent recommends the transfer of $600,000 from the County Road Fund balance to fund these ongoing repairs, be it. 

RESOLVED, that $600,000 be transferred from the Unappropriated County Road Fund Balance in accordance with Section 366 Subdivision 1 of the County Law to Capital Project Account No. H7.8760.402 Halloween Storm 2019 for a total of $1,800,000.00 and that hereby the County Treasurer is authorized to make the said transfer and the Clerk of the Board and County DPW Superintendent be so notified. 

NEW POWER OPERATOR FOR ENTRYWAY DOORS - COURTHOUSE 

WHEREAS the entryway double doors for the Lake Pleasant Courthouse need new power operators, and 

WHEREAS the DPW requested Kelly Brothers of Syracuse to come and diagnose the issue with the doors and give a quote on repairing the doors and a price of replacing the doors, and  

WHEREAS the price to install new doors and power openers would be $26,353.87, and 

WHEREAS the repair of the doors with new power opener that are more wind resistance than the current power openers would be $7, 865.88, and 

WHEREAS the Superintendent believes the doors overall are in good condition and recommends installing new power openers and associated parts, be it.  

RESOLVED, the Superintendent is authorized to move forward with the install of new power openers for the entryway doors installed at a cost of $7,865.88 from Kelly Brothers of Syracuse and the Clerk of the Board, County Treasurer and DPW Superintendent be so notified.  

PURCHASE/INSTALL OF HVAC SYSTEM COUNTY CLERK BUILDING

WHEREAS the County is desirous to install a new HVAC System (Mini-Split) in the County Clerk Building in Lake Pleasant, and 

WHEREAS the DPW requested proposals from three different firms that do this kind of HVAC work, and  

WHEREAS all three firms did come and look at the building so a proposal could be estimated and only one firm returned a written quote, and 

WHEREAS the department reached out to the other two vendors on several occasions, and they do not return calls or provide a proposal, and 

WHEREAS, Technical Building Services, Inc. (TBS, Inc.) provided a written quote for the install of the said HVAC system at a cost of $17,485 and the Superintendent believes the department did its due diligence in effort to receive at least three written quotes per the County’s Procurement Policy and recommends approval to waive the County’s Procurement Policy and move forward with TBS, Inc., be it.  

RESOLVED, the Superintendent is authorized to move forward with the install of the HVAC system for the County Clerk building from TBS Inc., installed at a cost of $17,485, and be it further.  

RESOLVED, that $17,485 be transferred from the Unappropriated General Fund Balance in accordance with Section 366 Subdivision 1 of the County Law to Account No. A1620.413 Projects and that hereby the County Treasurer is authorized to make the said transfer and the Clerk of the Board and DPW Superintendent be so notified.  

AWARD OF BID FOR HASKELL ROAD BRIDGE PROJECT 

WHEREAS Hamilton County DPW solicited bids for the replacement of the Haskell Road Bridge located on Haskell Road in the Town of Arietta, and 

WHEREAS one (1) bid was received as follows – 1. Luck Brothers, Inc. - $548,000 and

WHEREAS Andrew S. Bell of A.S. Bell Engineering design engineer for Hamilton County has reviewed the said bid and recommends that the award be made to Luck Brothers, Inc. of Plattsburgh, NY, be it. 

RESOLVED, the Hamilton County Board of Supervisors hereby award the bid for the Haskell Road Bridge Project to Luck Brothers, Inc, 73 Trade Road, Plattsburgh, NY 12901 in the amount of $548,000, and be it further. 

RESOLVED, the Board of Supervisors hereby authorize the Chairman of the Board to enter into an agreement with Luck Brothers, Inc. for the said bridge project with the approval of the County Attorney, and the County Treasurer, Highway Superintendent and Clerk of the Board be so notified. 

HAMILTON COUNTY SOLID WASTE HAULING CONTRACT

WHEREAS Resolution No. 112-21 authorized a 2 year period extension for the Solid Waste Hauling Contract #DEC01-C00441GG-3350000 for $150,000 per year, and  

WHEREAS, Hamilton County has been notified that the agreement has been amended and this will not be a two year extension, but only a one year extension, be it  

RESOLVED, that the Chairman is hereby authorized to sign NYS DEC Contract #DEC01- C00441GG-3350000 Hamilton County Solid Waste Hauling for an amended period of 4/1/17- 3/31/21 and the County Treasurer and Highway Superintendent be so notified.

BUS FOR THE TRAILBLAZERS PROGRAM 

WHEREAS Hamilton County Community Service’s Trailblazers Program provides activities to Hamilton County Youth that can, at times, require transportation, and 

WHEREAS, Community Services has two vans to provide transportation but there are times that greater capacity would benefit the program, and 

WHEREAS Indian Lake Central School can provide a 60-passenger school bus to transport youth participating in Trailblazer activities when increased transportation capacity would benefit the program, therefore, be it. 

RESOLVED, that the Hamilton County Board of Supervisors hereby authorizes the Chairman, upon review of the County Attorney, to sign the contract provided by Indian Lake Central School to provide a bus when needed by the Trailblazers Program. 

BOAT PATROL POSITION WAGE SCALES 

WHEREAS John Rathbun has been an employee of the Hamilton County Sheriff’s Office for over 28 years, Eric Dale has been an employee of the Sheriff’s Office for 9 years and Dominic Arena has been an employee of the Sheriff’s Office for 3 years, all serving in a seasonal position of Deputy Sheriff (Boat Patrol), and 

WHEREAS, both Eric and Dominic have extensive knowledge and experience with their numerous years of service within law enforcement, and 

WHEREAS, Sheriff Karl Abrams has recommended that the Deputy Sheriff (Boat Patrol) seasonal position be removed from the grade and step wage scales and an hourly rate be set, which will be based on the employees’ qualifications and experience, and 

WHEREAS other County departments (Public Health Nursing and County Highway) have removed positions from the grade and step wage scales, establishing an hourly rate for said positions, and 

WHEREAS Sheriff Abrams recommends that John Rathbun, Eric Dale, and Dominic Arena be paid at an hourly rate of $24, and 

WHEREAS, the County Internal Management Committee recommends the removal of the Deputy Sheriff (Boat Patrol) from the current grade and step wage scales, therefore, be it 

RESOLVED, that the Deputy Sheriff (Boat Patrol) seasonal position be removed from the County grade and step wage scales and be it further. 

RESOLVED, that any future Deputy Sheriff (Boat Patrol) seasonal positions being filled, will be evaluated for qualifications and experience, to determine an hourly rate for said employee being hired, and be it further. 

RESOLVED, that John Rathbun, Eric Dale, and Dominic Arena’s hourly rate be changed to $24 effective for 2021 and be it further. 

RESOLVED, that the Treasurer’s Office and Personnel Officer have approval to retroactively pay said employees for any hours they have been paid in 2021.

SETTING EQUALIZATION RATES 

RESOLVED, that the assessment rolls with proposed rates as set up by the Equalization Committee be adopted for the year 2021 as follows: Arietta – 100, Benson – 85, Hope – 85, Indian Lake – 100, Inlet – 100, Lake Pleasant – 100, Long Lake – 100, Morehouse – 100, Wells - 85.

PATIENT CENTERED OUTCOMES RESEARCH INSTITUTE (PCORI) FEE

WHEREAS the Affordable Care Act imposes a fee on HRA plan sponsors to help fund the Patient-Centered Outcomes Research Institute (PCORI), and 

WHEREAS, the PCORI Fee, required to be reported only once a year on the second quarter  FORM 720 and paid by July 31, is based on the average number of lives covered under the plan  for the twelve months of the previous plan year, and 

WHEREAS, the Chairman of the Board of Supervisors has the authority to authorize said  payments on an annual basis upon completion of Tax Form 720 by the County Treasurer, and 

WHEREAS, the applicable dollar amount is $2.66 per covered life on an annual basis, and 

WHEREAS, the Personnel Officer has determined the average number of covered lives for  the Hamilton County 2020 plan year is 44, now, therefore, be it 

RESOLVED, that the Hamilton County Board of Supervisors do hereby authorize payment of $117.04 made payable to the United States Treasury, Department of Treasury, Internal Revenue Service, Ogden, UT 84201-0009, out of Account No. A9060.0801, for the required 2020 PCORI Fee and the County Treasurer be so authorized, and the Personnel Officer be so advised.

CREATING REVENUE ACCOUNT FOR FAMILY FIRST PROGRAM

WHEREAS Resolution No. 77-21 adopted April 1, 2021 authorized contracts with Lake Pleasant Central School, Wells Central School, Long Lake Central School, and Indian Lake School for the Family First Program, and 

WHEREAS, a Revenue Account needs to be created within the County Budget for the  payments made by the schools for the Family First Program, be it 

RESOLVED, that the County Treasurer is hereby authorized to create Revenue Account  No. A2260.0300 Family First. 

FUNDING COMMUNITY SERVICES ACCOUNTS

WHEREAS Resolution No. 110-21 adopted May 6, 2021 authorized the HFM Prevention Council’s withheld funding in 2020 in the amount of $7,354 be paid from 2020 expense line A4310.0425, and 

WHEREAS, said Resolution also authorized Citizens Advocates withheld 2020 funding in the amount of $351 be paid from 2020 expense line A4310.0424, and 

WHEREAS, the 2020 funding needs to be transferred from the Unappropriated Fund  Balance into the 2021 budget in order to make these payments, be it 

RESOLVED, that the County Treasurer is hereby authorized to transfer $7,705 from the Unappropriated General Fund Balance in accordance with Section 366 Subdivision 1 of the County Law to the following accounts: 

A4310.0425 HFM Prevention Council $7,354 A4310.0424 Alcoholism Clinic $351.

CONTINUATION OF TOURIST PROMOTION AGENCY

AND AUTHORIZING MATCHING FUNDS FOR PROMOTION OF TOURISM 

WHEREAS the New York State Department of Economic Development is empowered to approve application from local governments for matching funds to be used for promoting tourism therein, and 

WHEREAS, the President of the Regional Office of Sustainable Tourism has  recommended that an application for such funds be submitted to the Department of Economic  Development for matching funds up to the amount appropriated therefore within the New York  State budget, now, therefore, be it 

RESOLVED, that, Mary Jane Lawrence of the Regional Office of Sustainable Tourism be, and hereby is, authorized and directed to submit an application to Marisa Finn, Tourism Matching Funds Director, Empire State Development Division of Tourism, Albany, New York 12245, for matching funds in an amount up to Two Hundred Twenty Thousand Dollars ($220,000) to be used for the promotion of tourism in Hamilton County, and be it further. 

RESOLVED, that the Regional Office of Sustainable Tourism is hereby named Project  Director in relation thereto, and be it further 

RESOLVED, that the Hamilton County Board of Supervisors hereby certifies to the New  York State Department of Economic Development that both the County of Hamilton and the  Regional Office of Sustainable Tourism have been in existence for more than three (3) years, and  be it further 

RESOLVED, that in order to comply with Commerce Law, Article 5-A (New York State  Tourism Promotion Act) that the Regional Office of Sustainable Tourism be the duly designated  tourist promotion agency for the County of Hamilton for the fiscal year of 2020/2021, and the  County Treasurer be so advised. 

WATERFRONT REVITALIZATION PROGRAM GRANT

WHEREAS, the Hamilton County Soil and Water Conservation District is a member of the Upper Hudson River Watershed Coalition, and

WHEREAS the Upper Hudson River Watershed Coalition is applying for a Local Waterfront Revitalization Program grant for culvert replacement and implementation projects throughout the watershed, and

WHEREAS the grant designates eligible applicants as a village, town, city, or county, be it.

RESOLVED, that Hamilton County is designated as the applicant of the Upper Hudson River Watershed Coalition’s Local Waterfront Revitalization Program grant for culvert replacement and implementation projects.

EXTENSION OF MOU FOR MUTUALINK

WHEREAS, the State of New York has made a commitment for a safer and more secure Division of Homeland Securities and Emergency Services, and 

WHEREAS, the State of New York has deployed the Mutualink Emergency Incident  Collaboration Technology which provides a common platform of sharing of radio, video,  telephone and data to any invited user and making it available to all counties at no charge, and 

WHEREAS, on July 2, 2015, with Resolution No. 184-15 an MOU between Hamilton  County and New York State was established for the County’s use of said Mutualink system, and 

WHEREAS, on August 7, 2018, with Resolution No. 249-18, the MOU was extended to  January 31, 2021, and 

WHEREAS, a new contract and agreement to extend the contract to March 31, 2024 has  been extended by New York State, and  

WHEREAS, Emergency Services Director Don Purdy has submitted the proposed MOU  to County Attorney Charles Getty for approval and such approval was given by Attorney Getty by  email on June 22, 2021, therefore, be it 

RESOLVED, that the Board of Supervisors hereby approves the new MOU and the  Chairman of the Board of Supervisors to sign said MOU in quadruplicate and submit to the New  York State Division of Homeland Securities and Emergency Services for participation in said  program. 

AUTHORIZING PURCHASE OF LITHIUM BATTERIES

WHEREAS Resolution No. 208-20 authorized the purchase of a 48v DC generator for the East Mt. solar powered microwave site, and  

WHEREAS, funding is available through New York State Department of Homeland  Security and Emergency Services (DHSES) grant SI18-1047-D00, Account No. A3645.0402, for  new technology Lithium Batteries for longer lifespan, increased output and better resiliency to  support the 48v generator and microwave system, and 

WHEREAS, the Hamilton County Office of Emergency Services has tried to attain quotes from 3 vendors for 12 of said batteries beginning in March of 2021, and having only 2 vendors reply with quotes, the first being Expertpower Direct with a quote of $28,800, and the second being Signature Solar with a quote of $17,395, and no answer from the 3rd vendor, Electric Car Parts Company, and 

WHEREAS, it is imperative that the newly purchased generator be installed before the  winter of 21-22, and that install include the Lithium Batteries, therefore, be it 

RESOLVED, that the Hamilton County Board of Supervisors authorizes the purchase of 12 Lithium Batteries from Signature Solar in the amount of $17,395, with funding from DHSES grant SI18-1047-D00, Account No. A3645.0402, and the Treasurer and the Office of Emergency Services be so notified.