Article 26 - General Provisions - Code

Section 26.01 Advisory boards.

1. Except as otherwise provided in the charter or this code: (1) members of advisory boards established by the charter, this code or local law shall be appointed for terms ending the thirty first day of December; and (2) the county executive may designate the chairman of each such board at the time of the original appointments, and the chairman so designated shall hold office for the current calendar year; provided that if the county executive fails to designate a member to serve as the first chairman, the advisory board shall proceed to elect a chairman from among its members. Except as provided above, each advisory board shall annually on or before the first day of February, select a chairman and such officers as it may desire, for one year terms or until their successors are elected and qualified.
2. Each such advisory board shall determine its own rules of procedure. A majority of the whole number of members of such board shall constitute a quorum. Unless otherwise provided in the rules of procedure, each such advisory board shall meet at the call of the chairman or of a quorum or of the county executive.
3. The county executive may designate quarters wherein county advisory boards may meet at reasonable intervals.
4. The county executive may designate any officer or employee paid from county funds to attend the meeting of any county advisory board.

Section 26.02 Compensation of boards.

No member of any board, by whatever name known, appointed pursuant to the charter or this code shall receive compensation for services performed in connection therewith.

Section 26.03 Compensation of officers.

Any salary fixed by the county legislature of an officer paid from county funds shall be in lieu of all fees, percentages, emoluments or other form of compensation payable for services rendered in the performance of the powers and duties of the office; provided however, that any such officer (1) required by law to reside at a county institution or (2) authorized and directed by the county executive, may be furnished maintenance or any part thereof at a county institution. Such maintenance shall be defined and the fair value thereof determined by resolution of the board and the amount so determined shall constitute part of the salary fixed for any such officer.

Section 26.04 Expenses.

The actual and necessary expenses of all legislators, officers and employees paid from county funds incurred in the performance of powers and duties of the county shall be a county charge.

The county legislature may by resolution authorize the payment of a mileage allowance as fixed by said legislature for the expense of using an automobile privately owned by the user thereof and operated by any legislator, officer or employee.

Whenever under the charter or this code, the appointment of a board or commission by whatever title known, is authorized, the actual and necessary expenses including mileage incurred in the performance of their duties shall be a county charge.

Section 26.05 Validity of prior obligations.

The validity or legality of any bonds, notes, certificates of indebtedness or the method of payment thereof, heretofore authorized, issued or sold by the county shall not be affected or impaired by any of the provisions of the county charter or this code.

Section 26.06 Pending actions or proceedings.

No action, suit or proceeding commenced before the effective date of the charter or this code shall be affected by the adoption thereof or by any of the provisions herein contained, but shall be continued as if the charter or this code had not taken effect.

Section 26.07 Execution of contracts.

No contract shall be executed by the county executive on behalf of the county until the same has been approved as to form by the county attorney. A copy of each such contract when executed shall be filed with the comptroller and county legislature.

Section 26.08 Professional, technical or other consultant services.

When a professional, technical or other consultant service contract has a value in gross of ten thousand dollars ($10,000) or more, the head of a department or administrative unit shall distribute to responsible persons able to provide the required special skill or service, (for the purposes of this section, persons, including the singular of that term, shall include individuals, firms, partnerships and corporations), a request for a proposal (RFP). The RFP shall contain all information, including any particular or unique specifications required, necessary to adequately inform the potential contractor of the special skill or service required by the county and shall afford the potential contractor an opportunity to submit a response to the RFP outlining her or his qualifications, expertise, experience, past experience with the county, if any, and the total estimated cost, or rate, for providing the special service or skill required. Necessary information shall include the name, title and department of any employee or officer who was a county employee or officer one year prior to the date of the potential contractor's response.

Upon receipt of responses to the RFP, a committee of not less than three members shall be formed by the department head or administrative unit head, and the members of this committee shall preliminarily review and evaluate the responses. This committee shall prepare in writing and shall submit a comparison of all the persons who responded showing (a) what special skill or service will be provided; (b) the qualifications of the person; (c) the expertise of the person and the quality of any past experience that person has had with the county; (d) the total estimated cost, or rate, for providing the special service or skill; and (e) the person shall disclose the name, title and department of any employee or officer of hers or his who was a county employee or officer one year prior to the date of her or his response. The head of the department or administrative unit shall submit such evaluation with her or his recommendation to the Erie county legislature.

The head of the department or administrative unit shall in writing represent to the legislature that, if she or he uses as a prequalified list for prospective suppliers of professional, technical or other consultant services, she or he has published or otherwise made known to the community at large that her or his department or administrative unit uses such a prequalified list and that, if a potential contractor wishes to be considered by the county for such services, she or he should submit necessary information as to what type of service she or he provides so her or his name will be added to the list. If the department or administrative head does not use a prequalified list, then she or he shall in writing represent to the legislature that she or he published or otherwise made known to the community at large on a regular basis the fact that her or his department from time to time requires certain professional, technical or other consultant services and, if a potential contractor is interested in providing such services to the county that she or he contact the head of the department or administrative unit with necessary information as to what type of service she or he provides.

This provision shall in no event mandate a department head or administrative unit head to recommend or the county legislature to award such contracts to the lowest bidder or any bidder. This provision, moreover, shall not prohibit the county legislature from approving a contract with a qualified minority person, as defined in the county's minority business enterprise local law, who provides a special service or skill required by the county whether or not this informal procedure has been followed.

Notwithstanding this provision, if the county legislature makes a finding of necessity that the special service or skill must be provided immediately, or, in the case of doctors, dentists or ministers, makes a determination that this procedure is impracticable, then it may by resolution waive this procedure.

Section 26.09 Construction contracts.

Prior to bidding on a construction contract to be let by the county of Erie, the bidder shall certify in writing to the Erie County legislature that (1) it is a participant in a bona fide apprenticeship training program approved by New York State and, which meets the standards contained in section two hundred twenty of the New York State Labor Law, (2) it is a participant in an established pension plan solely paid for by the bidder and/or other employers, for the employees who will perform the work, according to the standards of section two hundred twenty of the New York State Labor Law, (3) it is a participant in an established health and welfare plan solely paid by the bidder and/or other employers for the employees who will perform the work, according to the standards of section two hundred twenty of the New York State Labor Law and, (4) it pays prevailing wages according to the standards of section two hundred twenty of the New York State Labor Law.

Section 26.10 Undertakings.

The County shall procure a blanket undertaking from a duly authorized corporate surety or insurance company covering county officers, clerks and employees required by law to provide a surety, bond or other undertaking for the faithful performance of his or her duties.