§ 160-3. Contracts with private facilities., Chapter 160. Mass Transportation, Part I. Administrative Local Laws, Code of Ordinances, Suffolk County

Notwithstanding the powers authorized by § 160-2D herein, any contract entered into for mass transportation services with a privately owned or operated facility shall be awarded by competitive bidding in compliance with Article 5-A of the New York General Municipal Law. Any bid specifications issued in connection with such competitive bidding shall include a minimum requirement for bonds guaranteeing mechanical performance of the buses to be utilized under such contract, to the extent that such bonds are available at a reasonable cost; a minimum requirement that adequate buses be provided to ensure continuity of service for authorized bus routes; and a requirement that the bidder explicitly describe how it intends to increase ridership on the route for which the bid is made.

(1)

Prior to awarding a contract pursuant to the provisions of Subsection A of this section, the County of Suffolk shall determine the cost, if any, that may arise out of implementation of the bidding process and may be attributable to the County of Suffolk as a result of any claims that may be made for compensation for alleged damages from owners of existing bus route franchises. Said cost to the County may be determined through either negotiation or through court order and shall be determined prior to the bid of said route(s). Any bid document issued pursuant to this section shall include a statement of said cost and shall require that prospective bidders include any such costs in their bid proposal and shall require the successful bidder to indemnify the County from any costs deemed necessary to compensate the present holders of said routes and for the bidder to acquire said franchises prior to the start of service. Nothing herein shall be construed as a waiver of existing franchise rights nor as a prohibition on existing franchise holders to submit bids on any routes, including those they presently operate.

(2)

As part of the process of circulating bid specifications under Subsection A of this section, the County of Suffolk shall include a formal notice to prospective bidders stating that all bidders shall indemnify the County of Suffolk for any financial obligation that may arise out of any judicial or administrative application of Section 13(c) of the Federal Transportation Act to the award of a contract pursuant to Subsection A of this section.