Archive for category: Local Laws

RESOLUTION #154
Local Law 8 of 2019
(passed at Full Mtg. 07/02/2019)
RESOLUTION #154
APPROVAL/ LOCAL LAW TO AMEND THE PUTNAM COUNTY CODE ENTITLED ETHICS,
CODE OF, AND FINANCIAL DISCLOSURE TO PROHIBIT THE DISCLOSURE OF
CONFIDENTIAL MATERIAL
WHEREAS, the government of Putnam County necessarily reviews, considers,
creates, stores, and transmits documents containing information which is properly kept
confidential and is typically exempt from disclosure under the New York State Freedom
of Information Law; and
WHEREAS, such confidential material includes, but is not limited to, information:
1) that could interfere with criminal investigations or judicial proceedings; 2) identifying a
confidential law-enforcement source; 3) revealing criminal investigative techniques or
non-routine police procedures; 4) specifically exempted from disclosure by state or
federal statute; 5) that, if disclosed, would constitute an unwarranted invasion of
personal privacy; 6) that, if disclosed would impair present or imminent contract awards
or collective bargaining negotiations; 7) that, if disclosed, could endanger the life or
safety of a person; 8) which could compromise the security of information technology
assets; and 9) constituting inter-agency or intra-agency materials which are not
statistical or factual tabulations or data, instructions to staff that affect the public; final
agency policy or determinations; or external audits; and
WHEREAS, confidential communications with counsel for Putnam County, and
documents created by counsel, are typically protected from disclosure by statutory and
common law privileges including the attorney-client privilege, the deliberative process
privilege, the settlement privilege, and the attorney work product doctrine; and
WHEREAS, confidential attorney-client communications are privileged from
disclosure pursuant to Civil Practice Law and Rules Section 4503, and New York Courts
including its highest court, the Court of Appeals, have long recognized that such
privilege serves to foster uninhibited dialogue between lawyers and clients in their
professional engagements, thereby ultimately promoting the administration of justice;
and
WHEREAS, improper disclosure of confidential material can be damaging to
individuals and preclude government from carrying out its duties, and
WHEREAS, improper disclosure of confidential communications with, and
materials prepared by, counsel can have a chilling effect upon the ability of county
officials and employees to seek the benefit of legal counsel, and also upon the ability of
counsel to provide full and candid advice, which in turn may adversely affect the
execution of officials’ and employees’ duties to the county; now therefore
Be it enacted by the Legislature of the County of Putnam as follows:
Chapter 55 (Ethics, Code of, and Financial Disclosure) of the Putnam County Code is
hereby amended, as follows:
Section 1.
Section 55-2 of the Putnam County Code is hereby amended by adding the following
definitions:
CONFIDENTIAL MATERIAL
A. Confidential Material shall include:
(1) Any record designated “Confidential” by any Putnam County officer
or employee, or by outside legal counsel or consultant to any
agency or the Legislature of Putnam County, who is the creator or
sender of such record;
(2) Any record exempt from disclosure under the New York State Public
Officers Law § 87(2); and
(3) Any information contained in the records described in paragraphs
(1) and (2) of this subsection.
B. Any record created by, or any communication to or from, the Putnam
County Law Department, Legislative Counsel, or outside counsel or
consultant retained by Putnam County, shall be presumed to be
Confidential Material even if not explicitly designated “Confidential.”
RECORD
Any information kept, held, filed, produced or reproduced by, with or for an
agency or the Legislature of Putnam County, in any physical form whatsoever
(including electronic media) including, but not limited to, reports, statements,
examinations, memoranda, opinions, folders, files, books, manuals, pamphlets,
forms, papers, designs, drawings, maps, photographs, letters, microfilms,
computer tapes or discs, rules, regulations or codes. The term shall include a
draft whether or not it results in a final document.
Section 2.
A new subsection 55-3(J) is hereby added to the Putnam County Code to read as follows:
J. No County officer or employee shall disclose, distribute, transmit, forward,
publicize, deliver, describe, or in any other way disseminate Confidential
Material to any person who is not also a Putnam County officer or
employee, or who is not outside legal counsel for Putnam County including
Legislative Counsel, and which person is authorized to receive such
Confidential Material as being within the scope of the receiver’s
employment, official duties, or engagement by or on behalf of Putnam
County.
Section 3.
A new subsection 55-4(G) is hereby added to the Putnam County Code to read as
follows:
G. Disclosure of Confidential Material under the following circumstances:
(1) Pursuant to FOIL requests approved by the County Attorney, the
Putnam County FOIL appeals officer, or by court order after
exhaustion or waiver of any court appeals;
(2) For Legislative records protected by the attorney-client privilege, the
deliberative process privilege, and/or constituting attorney work
product, when such privilege is explicitly waived by a unanimous
vote of the entire Legislature;
(3) Sharing of records within and between Putnam County officials and
government agencies, including the Legislature, provided that such
records must be conspicuously marked “CONFIDENTIAL” prior to
sharing; and
(4) Sharing of records with local, state or federal government agencies,
or with private consultants, vendors or contractors, for official
purposes related to the business of Putnam County, provided that
such sharing is approved by the County Attorney and further
provided that such records are conspicuously marked
“CONFIDENTIAL” prior to sharing.
Section 4.
These amendments to the Putnam County Code shall take effect immediately upon their
filing with the NYS Secretary of State.

RESOLUTION #73
Local Law 6 of 2019
(passed at Special Full Mtg. 03/25/2019)
APPROVAL/ LOCAL LAW TO AMEND CHAPTER 147 OF THE CODE OF PUTNAM
COUNTY ENTITLED “ELECTRONIC CIGARETTES” (E-CIGARETTES), SUBSECTION 147-
10 ENTITLED “SIGNAGE”
WHEREAS, the sale of any Electronic Aerosol Delivery System to individuals who
are between the ages of eighteen (18) and twenty-one (21) is prohibited pursuant to
Section 223-3 of the Putnam County Code, enacted pursuant to Resolution # 215 of 2018;
and
WHEREAS, Chapter 147 of the Putnam County Code, enacted pursuant to
Resolution # 294 of 2018; created a licensing requirement for, and otherwise regulates,
the retail sale of Electronic Aerosol Delivery Systems in Putnam County; and
WHEREAS, as enacted, Section 147-10 of the Putnam County Code requires
persons operating certain places of business wherein any Electronic Aerosol Delivery
System is sold or offered for sale to post a conspicuous sign giving notice of the New
York State age restriction on sales of such products; and
WHEREAS, as enacted, the sign specified in Section 147-10 of the Putnam County
Code does not account for the countywide age restriction previously enacted in Section
223-3 of the Putnam County Code; and now therefore
Be it enacted by the Legislature of the County of Putnam as follows:
Section 1.
Section 147-10 of the Putnam County Code is hereby deleted and replaced in its entirety,
as follows:
§ 147-10 Signage.
Any Person operating a place of business wherein any Electronic Aerosol
Delivery System is sold or offered for sale shall post in a conspicuous
place a sign upon which there shall be imprinted the following statement,
“SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED
TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL
CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING
PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTYONE (21) YEARS OF AGE IS PROHIBITED BY LAW.” Such sign shall be
printed on a white card in red letters at least one-half inch in height. This
Section shall not apply to any person exempted from licensing pursuant to
Section 147-3 (A) or (B) of this Article.
Section 2.
This Local Law shall take effect immediately upon its filing with the NYS Secretary of
State.

Local Law #2 of 2019
RESOLUTION #294a
(passed at Year End Mtg. 12/19/2018)
Resolution #294a
A LOCAL LAW TO AMEND THE PUTNAM COUNTY CODE TO LICENSE AND REGULATE
THE SALE OF E-CIGARETTES, SIMILAR DEVICES, AND RELATED PRODUCTS
Be it enacted by the Legislature of the County of Putnam as follows:
Section 1.
Creating Chapter 147 of the Putnam County Code entitled “Electronic Cigarettes (ECigarettes)”.
Section 2.
Chapter 147 of the Putnam County Code is hereby amended to add a new Article I,
entitled “Retail Sales Licensing” to read as follows:
§ 147-1 Findings and intent; statutory authority.
A. The Putnam County Legislature declares the intent and purpose of this Article is
to preserve and improve the public health by regulating retail sales of e-cigarettes
and related products.
B. The Putnam County Legislature hereby finds as follows:
1. E-cigarettes are designed to deliver nicotine, a highly addictive drug;
2. Nicotine-containing e-cigarettes are the most common nicotine products used
by students; E-cigarette use among high schoolers in New York is increasing,
and is more common than cigarette use;
3. Youth use of e-cigarettes and similar products is associated with future
cigarette use;
4. Adults who might otherwise quit smoking combustible cigarettes instead use
e-cigarettes in addition to cigarettes, thereby maintaining nicotine intake and
addiction level;
5. E-cigarettes and related products are often marketed for use in places where
traditional smoking is prohibited, and are also sold in locations that do not
also sell tobacco;
6. E-cigarettes and similar devices pose health hazards and may contribute to
youth smoking and reduced cessation, regardless of nicotine content;
7. A local licensing system for retailers of electronic cigarettes, similar devices,
and related non-tobacco products regulated by Article 13-F of New York State
Public Health Law is necessary and appropriate for the public health, safety,
and welfare of our residents;
8. Therefore, the Putnam County Legislature declares the need to enact a new
Chapter 147 and Article I of the Code of Putnam County to regulate retail sales
of e-cigarettes, similar devices, and related paraphernalia; and
9. The County of Putnam desires to implement effective measures through this
new Article to regulate the sale of e-cigarettes and related paraphernalia
regulated by the New York Adolescent Tobacco Use Prevention Act, and
facilitate the enforcement of other applicable laws relating to e-cigarette
products.
C. Unless otherwise noted herein, Article 13-F of the New York State Public Health
Law shall apply.
§ 147-2 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
ACCESSORY – Any product that is intended or reasonably expected to be used with or
for the human consumption of a Tobacco Product or Electronic Aerosol Delivery System;
does not contain tobacco and is not made or derived from tobacco; and meets either of
the following: (1) is not intended or reasonably expected to affect or alter the
performance, composition, constituents, or characteristics of a Tobacco Product or
Electronic Aerosol Delivery System; or (2) is intended or reasonably expected to affect or
maintain the performance, composition, constituents, or characteristics of a Tobacco
Product or Electronic Aerosol Delivery System but (a) solely controls moisture and/or
temperature of a stored Tobacco Product or Electronic Aerosol Delivery System; or (b)
solely provides an external heat source to initiate but not maintain combustion of a
Tobacco Product. Accessory includes, but is not limited to, carrying cases, lanyards, and
holsters.
APPLICANT – An individual, partnership, limited liability company, corporation, or other
business entity seeking an E-Cigarette Retail License.
COMPONENT or PART – Any software or assembly of materials intended or reasonably
expected to: (1) alter or affect the Electronic Aerosol Delivery System’s performance,
composition, constituents, or characteristics; or (2) be used with, or be used for the
human consumption of through, an Electronic Aerosol Delivery System. Component or
Part excludes anything that is an Accessory, and includes, but is not limited to,
electronic cigarette liquids (“e-liquids”), cartridges, certain batteries, heating coils,
programmable software, and flavorings for Tobacco Products or Electronic Aerosol
Delivery Systems.
DEPARTMENT – The Putnam County Health Department.
E-CIGARETTE RETAIL LICENSE – A license issued by the Department to a Person to
engage in the retail sale of Electronic Aerosol Delivery Systems in the County of Putnam.
ELECTRONIC AEROSOL DELIVERY SYSTEM – An electronic device that, when activated,
produces an aerosol that may be inhaled, whether or not such aerosol contains nicotine.
Electronic Aerosol Delivery System includes any Component or Part, but not an
Accessory, and any liquid or other substance to be aerosolized, whether or not
separately sold. Electronic Aerosol Delivery System does not include drugs, devices, or
combination products authorized for sale by New York State, as those terms are defined
by State law, or by the United States Food and Drug Administration, as those terms are
defined in the Federal Food, Drug and Cosmetic Act.
PERSON – Any natural person, company, corporation, firm, partnership, business,
organization, or other legal entity.
TOBACCO PRODUCT – Any product made or derived from tobacco or which contains
nicotine, marketed or sold for human consumption, whether consumption occurs
through inhalation, or oral or dermal absorption. Tobacco Product does not include an
Accessory, and does not include drugs, devices, or combination products authorized for
sale by New York State, as those terms are defined by State law, or by the United States
Food and Drug Administration, as those terms are defined in the Federal Food, Drug and
Cosmetic Act.
§ 147-3 E-Cigarette Retail License.
A. Starting July 1, 2019, no Person shall sell, offer for sale, or permit the sale of
Electronic Aerosol Delivery Systems to consumers in the County of Putnam
without a valid E-Cigarette Retail License issued by the Department. An ECigarette Retail License is not required for a wholesale dealer who sells products
to retail dealers for the purpose of resale only and does not sell any Electronic
Aerosol Delivery Systems directly to consumers. An E-Cigarette Retail License is
not required by a retail seller of Tobacco Products that possesses a required
certificate of registration as a tobacco retail dealer from the New York State
Department of Taxation and Finance, and is otherwise in compliance with Article
13-F of the New York Public Health Law and Chapter 223 of the Putnam County
Code.
B Notwithstanding the requirements set forth in Section 147-3(A), this Article shall
not apply to registered organizations pursuant to Title V-A of Article 33 of New
York Public Health Law.
C All E-Cigarette Retail Licenses issued pursuant to this section are nontransferable
and non-assignable, and are valid only for the Applicant and the specific address
indicated on the E-Cigarette Retail License. A separate E-Cigarette Retail License
is required for each address at which Electronic Aerosol Delivery Systems are
sold or offered for sale. Any change in business ownership or business address
requires a new E-Cigarette Retail License.
D. All E-Cigarette Retail Licenses issued pursuant to this section are valid for no
more than one year following the effective date of the E-Cigarette Retail License.
As set forth in Section 147-7, an E-Cigarette Retail License may be revoked by the
Department prior to its expiration date for cause.
E. Applications for an E-Cigarette Retail License shall be submitted to the
Department in writing upon a form provided by the Department. The Department
may require such forms to be signed and verified by the Applicant or an
authorized agent thereof.
F. Applications for an E-Cigarette Retail License shall be accompanied by the fee set
forth in Section 147-5.
G. The issuance of any E-Cigarette Retail License pursuant to this Article is done in
the discretion of the Department. However, issuance of an E-Cigarette Retail
License shall not be denied to an Applicant not disqualified by the criteria set
forth in Sections 147-4 (B) and (C). An E-Cigarette Retail License shall not confer
upon a licensee any property rights in the continued possession of such a
license.
§ 147-4 Issuance of Licenses.
A. Upon the receipt of a completed application for a new E-Cigarette Retail License
or renewed E-Cigarette Retail License and the fee required by Section 147-5, the
Department shall inspect the location at which Electronic Aerosol Delivery System
sales are to be permitted. The Department may also ask the Applicant to provide
additional information that is reasonably related to the determination of whether a
license may issue.
B. The Department may refuse to issue an E-Cigarette Retail License to an Applicant
if it finds that one or more of the following bases for denial exists:
(1) The information presented in the application is incomplete, inaccurate, false,
or misleading;
(2) The fee for the application has not been paid as required;
(3) The Applicant has previously had an E-Cigarette Retail License issued under
this Article revoked;
(4) An E-Cigarette Retail License issued under this Article for the same address
or location has previously been revoked;
(5) The Applicant has not paid to the County of Putnam outstanding fees, fines,
penalties, or other charges owed to the County of Putnam; or
(6) The Department determines, in accordance with objective criteria established
to further the specific purposes of this Article, that the Applicant is otherwise
not fit to hold an E-Cigarette Retail License. Such criteria shall be maintained
in written or printed form, and shall be made available to the public, and
provided to any Applicant, upon request.
C. No E-Cigarette Retail License shall be issued to any seller of Electronic Aerosol
Delivery Systems that is not in a fixed, permanent location.
§ 147-5 Required Fee.
A. Each application for an E-Cigarette Retail License shall be accompanied by a fee
of two hundred fifty dollars ($250.00).
B. The Department may reduce the fee required by Section 147-5(A) for an
application that will result in issuance of an E-Cigarette Retail License valid for
less than eleven (11) months.
C. Starting two years after the effective date of this Article, the Department may, on
an annual basis, modify the fee required pursuant to Section 147-5(A), provided
that such modified fee is duly approved by the Putnam County Legislature. The
fee shall be calculated so as to recover the cost of administration and
enforcement of this Article, including, for example, issuing a license,
administering the license program, retailer education, retailer inspection and
compliance checks, documentation of violations, and prosecution of violators, but
shall not exceed the cost of the regulatory program authorized by this Article. All
fees and interest upon proceeds of fees shall be used exclusively to fund the
program. Fees are nonrefundable except as may be required by law.
§ 147-6 License Display
A. Any E-Cigarette Retail License issued pursuant to this Article shall be displayed
prominently at the location where the Electronic Aerosol Delivery System are sold
so that it is readily visible to customers.
B. Selling, offering for sale, or permitting the sale of any Electronic Aerosol Delivery
System without a valid E-Cigarette Retail License displayed in accordance with
Section 147-6(A) constitutes a violation of this Article.
§ 147-7 Revocation of License
A. The Department may suspend or revoke an E-Cigarette Retail License issued
pursuant to this Article for violations of the terms and conditions of this Article or
for violation of any federal, state, or local law or regulation pertaining to (a)
trafficking in illegal drugs, including synthetic drugs; or (b) the sale of Tobacco
Products, Electronic Aerosol Delivery Systems, or any other product regulated by
Article 13-F of the New York State Public Health Law.
B. The Department may revoke an E-Cigarette Retail License if the Department finds
that one or more of the bases for denial of a license under Section 147-4 (B)
existed at the time application was made, or at any time before the license issued.
C. The Department may revoke an E-Cigarette Retail License if the Department finds
that any Person issued such a licensee is conducting retail sales of Electronic
Aerosol Delivery Systems at a location other than one indicated on an E-Cigarette
Retail License issued by the Department.
§ 147-8 Violations and Enforcement
A. The Department or its authorized designee(s) shall enforce the provisions of this
Article. The Department may conduct periodic inspections in order to ensure
compliance with this Article.
B. In addition to the penalties provided for in Section 147-7, any Person found to be
in violation of this Article shall be liable for a civil penalty of not more than two
hundred fifty dollars ($250.00) for the first violation; not more than five hundred
dollars ($500.00) for the second violation within a two-year period; and not more
than one thousand dollars ($1,000.00) for the third and each subsequent violation
within a two-year period.
§ 147-9 Rules and Regulations
The Department may issue and amend rules, regulations, standards, guidelines, or
conditions to implement and enforce this Article, which shall be maintained in written or
printed form, and which shall be made available to the public, and provided to any
Applicant, upon request.
§ 147-10 Signage.
Any Person operating a place of business wherein any Electronic Aerosol Delivery
System is sold or offered for sale shall post in a conspicuous place a sign upon which
there shall be imprinted the following statement, “SALE OF CIGARETTES, CIGARS,
CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO
PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES,
ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER 18 YEARS OF
AGE IS PROHIBITED BY LAW.” Such sign shall be printed on a white card in red letters
at least one-half inch in height. This Section shall not apply to any person exempted from
licensing pursuant to Section 147-3 (A) or (B) of this Article.
§ 147-11 – Reverse pre-emption
This Article shall be null and void on the day that federal or statewide legislation goes
into effect incorporating either the same or substantially similar provisions as are
contained in this Article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by the County of
Putnam. The County Legislature may determine via mere resolution whether or not
identical or substantially similar federal or statewide legislation, or pertinent preempting
state or federal regulations, have been enacted for purposes of triggering the provisions
of this Article.
§ 147-12 Severability
The provisions of this Article are declared to be severable, and if any section of this
Article is held to be invalid, such invalidity shall not affect the other provisions of this
Article or this Chapter that can be given effect without the invalidated provision.
§ 147-13 Effective Date
This Local Law shall take effect 60 days from its filing with the NYS Secretary of State.

Local Law #4 of 2019
RESOLUTION #279
(passed at Full Mtg. 12/4/2018)
A LOCAL LAW ESTABLISHING THE 2019 SALARY OF CERTAIN ELECTED OFFICIALS
SERVING FOR FIXED TERMS
BE IT ENACTED BY THE PUTNAM COUNTY LEGISLATURE AS FOLLOWS:
Section 1.
Section 201 of the County Law and Municipal Home Rule Law requires that salary
increases of fixed term officers shall be established by Local Law, subject to permissive
referendum.
Section 2.
The annual salary of the hereinafter designated County Officers elected for a fixed term
is hereby set the following amounts effective January 1, 2019:
Robert L. Langley Jr.
Putnam County Sheriff ………………………………………………………$149,134
Daniel Stephens
Putnam County Coroner…………………………………………………….$180-per diem
Section 3.
THIS LOCAL LAW SHALL TAKE EFFECT FORTY-FIVE DAYS AFTER ITS PASSAGE AND
IS SUBJECT TO PERMISSIVE REFERENDUM

Local Law #1 of 2018
Resolution #29
(passed at Organization Mtg. 1/2/2018 Full Mtg)
RESOLUTION #29
A LOCAL LAW TO AMEND THE CODE OF PUTNAM COUNTY BY ADDING NEW ARTICLE
X TO CHAPTER 140 ENTITLED “UNIFORM GUIDANCE FOR COMPLIANCE FOR FEDERAL
AWARDS – PROCUREMENT, SUSPENSION AND DEBARMENT
BE IT ENACTED by the Legislature of the County of Putnam as follows:
Section 1.
The Code of the County of Putnam is hereby amended by adding a new Article X to
Chapter 140 entitled “Uniform Guidance for Compliance for Federal Awards –
Procurement, Suspension and Debarment” to read as follows:
ARTICLE X
Uniform Guidance for Compliance for Federal Awards – Procurement, Suspension and
Debarment
§ 140-10.1 Purpose
2 CFR Part 200 (subparts A-F) “Uniform Administrative Requirements, Cost Principals
and Audit Requirements for Federal Awards requires organizations receiving federal
awards to establish and maintain effective internal controls over federal awards.
§140-10.2 General Policy Statement
The requirements for procurements using federal awards are contained in the Uniform
Guidance (2 CFR Part 200, subparts A-F), program legislation, Federal awarding agency
regulations, and the terms and conditions of the award.
To comply with 2 CFR Part 200 (subparts A-F), the County of Putnam implements
policies and procedures, including, but not limited to:
A. The County will use its own documented procurement procedures which reflect
applicable State, Local and Tribal laws and regulations; provided that the
procurements conform to applicable federal law and Uniform Guidance. As
such, County procurements related to Federal grants will be subject to New
York State General Municipal Law, Putnam County Procurement Policy and
Uniformed Guidance Requirements.
B. Contract files will document the significant history of the procurement,
including the rationale for the method of procurement, selection of contract
type, contractor selection or rejection, and the basis of contract price.
C. The County will utilize one of the five acceptable procurement methodologies
detailed in §200.320 which include:
 Micro Purchase
 Small Purchase Procedure
 Sealed Bid
 Competitive Proposal
 Non-Competitive Proposal (Sole Source)
D. Procurements will provide for full and open competition as set forth in the
Uniform Guidance, or State and local procurement thresholds, whichever is
most restrictive.
E. No employee, officer or agent may participate in the selection, award or
administration of a contract supported by a Federal award if he or she has a real
or apparent conflict of interest. Such a conflict of interest would arise when the
employee, officer, or agent, any member of his or her immediate family, his or
her partner, or an organization which employs or is about to employ any of the
parties indicated herein, has a financial or other interest in or a tangible
personal benefit from a firm considered for a contract. The officers, employees,
and agents can neither solicit nor accept gratuities, favors, or anything of
monetary value from contractors or parties to subcontracts. If the financial
interest is not substantial or the gift is an unsolicited item of nominal value, no
further action will be taken. However, disciplinary actions will be applied for
violations of such standards otherwise.
F. The County will avoid acquisition of unnecessary or duplicative items.
Consideration will be given to consolidating or breaking out procurements to
obtain a more economical purchase. Where appropriate, an analysis will be
made of lease versus purchase alternatives, and any other appropriate analysis
to determine the most economical procurement approach. The County will also
analyze other means, as described in §200.318 of the Uniform Guidance, to
ensure appropriate and economical acquisitions.
G. The County will enter into state and local intergovernmental agreements or
inter- entity agreements, where appropriate.
H. The County will only utilize Time and Materials contracts when it has been
determined, in writing, that no other contract type is suitable.
I. Vendors/Contractors that develop or draft specifications, requirements,
statements of work, or invitation to bids or requests for proposals must be
excluded from competing for such procurements.
J. The County will make available, upon request of the federal awarding agency or
pass-through entity, technical specifications on proposed procurements where
the federal awarding agency or pass-through entity belives such review is
needed.
K. County Departments are prohibited from contracting with or making sub awards
under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred.“Covered Transactions” include those
procurement contracts for goods and services awarded under a nonprocurement transaction (i.e. grant or cooperative agreement) that are expected
to equal or exceed $20,000. All non-procurement transactions (i.e. sub-awards
to recipients), irrespective of award amount, are considered covered
transactions.
L. The County of Putnam will include a suspension/debarment clause in all written
contracts in which the vendor/contractor will certify that it is not suspended or
debarred. The contract will also contain language requiring the
vendor/contractor to notify the County immediately upon becoming suspended
or debarred. This will serve as adequate documentation as long as the contract
remains in effect.
M. County Departments will be required to notify the Purchasing Department and
Department of Law that federal funding will be used for a certain
procurement/contract. When requesting a written contract, the County
Department will be responsible for running the Vendor/Contractor’s name
through the System for Award Management (SAM) to determine any exclusions.
A copy of the SAM search will be included with the contract request. Prior to
issuing a purchase order using federal funds, the Purchasing Department will
check the SAM to determine if any exclusions exist for the Vendor/Contractor.
If a vendor/contractor is found to be suspended or debarred, the County will
immediately cease to do business with the vendor.
N. The County will not use statutorily or administratively imposed state, local or
tribal geographical preferences in the evaluation of bids or proposals; except in
those cases where applicable federal statues expressly mandate or encourage
geographical preference.
O. The County will take all necessary affirmative steps to assure that minority
businesses, women’s business enterprises, and labor area surplus area firms
are used when possible.
P. The County will procure recovered materials in compliance with §200.322.
Q. The County will perform a cost or price analysis relating to every procurement
more than the Simplified Acquisition Threshold. ($150,000)
R. The County will require appropriate bonding requirements as per §200.325.
S. The County will only award contracts to Responsible Vendors and will
document, in writing, such determination.
T. County contracts will contain the applicable provisions described in Appendix II
to Part 200 – Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards.
U. The County will maintain oversight to ensure that contractors perform in
accordance with the contracts terms, conditions, and specifications.
Copies of executed contracts will be maintained in the MUNIS Financial System and
Purchase Orders will be maintained in the MUNIS Procurement System.
Section 2.
This local law shall take effect immediately.