§ 401 — Powers and duties

New York § 401

• Jurisdiction: New York
• Law ACG: Alternative County Government
• Art. 9: Department of Purchase

Text

§ 401. Powers and duties. The county purchasing agent except in a\ncounty having adopted the county administrator form of county\ngovernment:\n 1. Shall, within the amount of the unencumbered balance provided by\nappropriation therefor, make all purchases and contracts for the various\nadministrative units, officers and other officials paid from county\nfunds, institutions and other agencies of the county, except the\npurchase of real estate, and may also make purchases for units of local\ngovernment of the county if authorized by local law and by appropriate\naction by the governing board or body of the unit of local government\naffected.\n 2. May with the approval of the county executive, transfer supplies,\nmaterials, equipment and other articles from one administrative unit of\nthe county to another.\n 3. May with the approval of the county executive, sell, trade in and\nexchange supplies, materials, equipment and other articles of the\ncounty.\n 4. May with the approval of the county executive, establish suitable\nspecifications and standards for all supplies, materials, equipment and\nother articles which the county purchases, and may inspect deliveries of\nall such materials, equipment and other articles to determine their\ncompliance with such specifications and standards.\n 5. Shall let only after public advertisement and competitive bidding\nevery purchase or contract in an amount exceeding one thousand dollars\nunder rules and regulations to be established by local law except that\nhe may make any such purchase or contract without public advertisement\nor competitive bidding: (a) when, by resolution duly adopted by a\ntwo-thirds vote of the whole number of the members of the board of\nsupervisors, it is determined to be impracticable to advertise for such\nbids or that a public emergency exists requiring immediate action; (b)\nwhen the heating, ventilating, lighting, plumbing, air conditioning,\nwater, gas, sewerage or other operation functions, or the machinery,\napparatus or equipment of any of the public buildings of the county\nshall become disabled, or any of the said buildings or parts thereof\nshall be rendered unusable by reason of the sudden action of the\nelements or any other unusual cause, and the county executive shall\ncertify in writing to the county purchasing agent such emergency and the\nnecessity of immediate repair of such defects, or (c) whenever the\nmachinery, apparatus or equipment of any kind for the upkeep of highways\nbecomes disabled or worn and the county executive shall certify in\nwriting to the necessity of purchases of new parts for repairs to the\nsame.\n 6. Shall not furnish any supplies, materials, equipment or other\narticles to any county-using agency, except upon receipt of a\nrequisition approved by the head of such county-using agency, and unless\nthere be an unencumbered balance of appropriation available for payment\nof the same.\n 7. Shall advertise for such bids when so required for at least three\nconsecutive days in an official newspaper of the county and let the\ncontract to the lowest responsible bidder who in the opinion of the\ncounty purchasing agent is able to supply the items to be purchased to\nthe best interest of the county.\n 8. Shall, upon dates to be fixed by the board of supervisors and\ncovering periods to be specified by it, furnish to the director of\nfinance and to the clerk of the board of supervisors verified statements\nof all purchases together with the quantity and price and shall furnish\nto the board of supervisors such additional statement as the board of\nsupervisors shall direct.\n 9. Shall perform such additional and related duties as may be\ndelegated to him by county act.\n