[Enacted by Local Law No. 2-1938 (July 6, 1938); amended by Local Law No. 4-1964 (November 19, 1964); Local Law No. 1-1972 (March 13, 1972); Local Law No. 5-1972 (September 11, 1972); Local Law No. 2-1973 (October 9, 1973); Local Law No. 2-1976 (June 1, 1976); Local Law No. 2-1978 (February 14, 1978); Local Law No. 6-1978 (October 17, 1978); Local Law No. 6-1983 (December 12, 1983); Local Law No. 1-1992 (February 18, 1992); Local Law No. 2-2018 (2-13-2018).]
A. Except as in this Charter otherwise expressly provides below, all
awards for public work and/or local improvements and purchases shall
be subject to the provisions of New York State General Municipal Law
§ 103 and § 104 and shall be subject to the following
provisions:
(1)
Competition. They shall be awarded to the lowest responsible
bidder or on the basis of best value, after such public advertisement
and competition as the Council may prescribe. The City Manager shall
have the power to reject all bids and may authorize that the contract
be awarded to other than the lowest bidder.
(2)
Execution. They shall be in writing and signed by the purchasing
agent and if for any other purpose by such department head or other
official as may be designated by the City Manager, but no such contract
shall be valid as against the City until it has been countersigned
by the City Manager or his/her designee and approved in writing by
the Corporation Counsel as to form of contract, competency of contracting
parties, methods of execution and execution thereof.
(3)
Waiving competitive bids. When in the judgment of the City Manager
the subject matter of a proposed contract is such that competition
is impossible or impracticable, he/she may so report with his reasons
to the Council or request Council approval for an exemption from competitive
requirements.
B. All contracts not enumerated under Subsection
A of this section shall be subject to such provisions as the Council may establish.
Public work and local improvements of all kinds may be made
by the appropriate department either by direct employment of the necessary
labor and the purchase of the necessary supplies and materials, with
separate accounting for each improvement so made, or by contract duly
made. The City Manager, with the approval of the Council, shall determine
by which of the foregoing methods any work or improvement shall be
made.