[HISTORY: Adopted by the Common Council of
the City of Hudson 3-18-1980 by L.L. No. 2-1980 (Ch. 86 of the 1973
Code). Amendments noted where applicable.]
The Treasurer of the City of Hudson shall charge
a fee representing 2% of any funds or coupons handled, received or
disbursed pursuant to § 106 of the General Municipal Law
of the State of New York, and said sum shall be charged at the time
of disbursement.
[Added 11-26-2019 by L.L. No.
4-2019]
A.
Purpose. The City of Hudson hereby exercises their local option pursuant
to § 103, Subdivision 1 of the New York Municipal Law, as
amended by Chapter 497 of the Laws of 2013, which authorizes municipalities
to award purchase and service contracts, subject to competitive bidding
under General Municipal Law § 103, based upon either the
lowest responsible bidder or "best value," as defined in § 163
of the New York State Finance Law. This best value option may, but
is not required to be, used to award an applicable purchase and service
contracts to optimize quality, cost, and efficiency among responsive
and responsible offers instead of the lowest responsible bidder.
B.
Basis for award. In accordance with § 103, Subdivision
1 of the New York General Municipal Law, as amended by Chapter 497
of the Laws of 2013, the City of Hudson may award contracts, including
both purchase contracts and those contracts for service work, that
have been procured pursuant to competitive bidding under General Municipal
Law § 103 by either lowest responsible bidder or best value.
Goods and services procured and awarded on the basis of best value
pursuant to General Municipal Law § 103(16) are those that
the City of Hudson determines will be of the highest quality while
being the most cost efficient. The determination of quality and cost
efficiency shall be based on objectively quantified and clearly described
and documented criteria, which may include, but shall not be limited
to, any or all of the following: cost of maintenance; proximity to
the end user if distance or response time is a significant term; durability;
availability of replacement parts or maintenance contractors; and
longer product life, product performance criteria, and quality of
craftsmanship.
C.
Applicable contracts. These sections shall apply to all purchase
contracts, both those involving an expenditure of more than $20,000
including contracts for service work (i.e., building services under
Article 9 of the Labor Law and utility services), but excluding any
purchase contract necessary for the completion of a public works contract
pursuant to Article 8 of the State Labor Law, as well as excluding
any other contracts in accordance with future state law. If the dollar
including contracts for service work (i.e., building services under
Article 9 of the Labor Law and utility services), but excluding any
purchase contract necessary for the completion of a public works contract
pursuant to Article 8 of the State Labor Law as well as excluding
any other contracts in accordance with future state law. If the dollar
thresholds of General Municipal Law § 103 are increased
or decreased in the future by the State Legislature, the dollar thresholds
set forth herein shall be deemed simultaneously amended to match the
new General Municipal Law thresholds.
D.
Documentation. All information gathered in the course of the bidding
procedures of this section shall be filed with the documentation supporting
the subsequent purchase or public works contract. When a contract
is awarded on the basis of best value rather than a lowest responsible
bidder, the basis for determining best value shall be thoroughly and
accurately documented.
E.
General Municipal Law § 103 purchases. Notwithstanding
the provisions of this section, the City of Hudson may, for purposes
of public purchases, utilize the provisions of General Municipal Law
(GML) § 103 with regard to so-called "piggybacking" of purchases.
The City of Hudson may piggyback whenever allowed by law, including
but not limited to, the following situations and criteria:
(1)
Pursuant to General Municipal Law § 103, the City of Hudson
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 GML § 103.
A quote or proposal received pursuant to standard bidding procedures
let out by the United States or any agency thereof, any state or any
other political subdivision or district therein, may be awarded on
either a best value or lowest responsible bidder standard;
(2)
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 GML § 103;
(3)
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 sections § 112E(1) or E(2) herein.
F.
Procurement policy. Any inconsistent provision of the City's
procurement policy, as adopted prior to the effective date of this
chapter by resolution of the Common Council, or as amended thereafter,
shall be deemed superseded by the provisions of this chapter.
