[HISTORY: Adopted by the Common Council of the City of Plattsburgh
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-4-1982 by L.L.
No. 1-1982 (Ch. 18 of the 1989 Code)]
The Mayor of the City of Plattsburgh, New York, may sign checks
with the facsimile signature of the Mayor as reproduced by a machine
or a device commonly known as a "check signer."
[Adopted 3-3-2022 by L.L. No. 1-2022]
The intent of this article is to allow the City of Plattsburgh
the option to award certain purchase contracts (including contracts
for services) subject to competitive bidding under § 103
of the General Municipal Law on the basis of a low bid or "best value"
as defined in § 163 of the New York State Finance Law.
This article is enacted pursuant to the New York Municipal Home
Rule Law, as authorized pursuant to New York State General Municipal
Law § 103 and the New York State Finance Law (including
§ 163), and other provisions of law authorizing the City
of Plattsburgh to enter into contracts and engage in contracting for
services.
A.Â
Award based
on best value. The Common Council may award purchase contracts, including
contracts for services, on the basis of "best value" as the term is
defined in New York State Finance Law § 163. All contracts
or purchase orders awarded based on best value bidding bases shall
require Common Council approval.
B.Â
Applicability.
The provisions of this article apply to City purchase contracts involving
an expenditure of more than $20,000 and City contracts for services
involving an expenditure of more than $35,000, but exclude any other
contract that may be excluded under state law from the best value
option. If the dollar thresholds of New York General Municipal Law
§ 103 are increased or decreased in the future by the state
legislature, the dollar thresholds set forth herein shall be superseded
by such § 103, and this article shall be read as if the
numbers are amended to conform to said § 103.
C.Â
Standard
for best value.
(1)Â
Goods
and services procured and awarded on the basis of best value are those
that the Common Council determines optimize quality, cost and efficiency
among responsive and responsible bidders, as set forth in the Procurement
Policy adopted by the City of Plattsburgh and as amended, hereafter
and from time to time, by the Common Council.
(2)Â
Where
possible, the determination shall be based on an objective and quantifiable
analysis of clearly described and documented criteria as they apply
to the rating of bids or offers.
(3)Â
The
criteria may include, but shall not be limited to, any or all of the
following: cost of maintenance; proximity to the contractors or the
equipment and resources of the contractor; product life; product performance
criteria; quality of craftsmanship; warranties; carbon emissions or
sustainability.
D.Â
Documentation.
Whenever any contract is awarded on the basis of best value instead
of lowest responsible bidder, the basis for determining best value
shall be thoroughly and accurately documented.
E.Â
Piggybacking
of purchases. Notwithstanding the provisions of this article, the
City of Plattsburgh may, for purposes of public purchases for goods
and services, utilize the provisions of General Municipal Law § 103
with regard to so-called "piggybacking" of purchases. The City of
Plattsburgh may piggyback whenever allowed by law, including but not
limited to the following situations and criteria:
(1)Â
Pursuant
to General Municipal Law § 103, the City of Plattsburgh
may purchase through the bids solicited and bid lists generated by
the United States government and New York State (and its political
subdivisions and school districts) whenever such bids or bid lists
are generated in a manner as complies with said § 103.
(2)Â
If not
a bid or list generated by a New York State governmental body or agency,
then whenever such contract or bid lists were let in a manner consistent
with or materially equivalent to the requirements of the State of
New York as reflected in the policy and language of said § 103.
(3)Â
The
City may also piggyback upon any contract or foreign bid or bid list
specifically approved for piggybacking through the New York State
Office of General Services, as well as foreign bids and bid lists
(mainly, of sister states) that meet the above criteria for piggybacking
as set forth in this article, immediately above.
F.Â
Procurement
Policy superseded where inconsistent. Any inconsistent provision of
the City's Procurement Policy, as adopted prior to the effective date
of this article by resolution of the Common Council, or as amended
thereafter, shall be deemed superseded by the provisions of this article.
If any clause, sentence, subparagraph, subsection or section
of this article shall be held invalid by any court of competent jurisdiction,
or the application of this article to any person or set of circumstances
shall be held invalid, such invalidity or judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, subparagraph, subsection,
section or operation of this article directly involved in the controversy
in which the judgment shall have been rendered. To further this end,
the provisions of this article are hereby declared to be severable.
This article shall take effect immediately upon approval by
the Common Council and Mayor and filing with the New York Secretary
of State.
