[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. 
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. 
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103 are increased or decreased in the future by the state legislature, the dollar thresholds set forth herein shall be superseded by such § 103, and this article shall be read as if the numbers are amended to conform to said § 103.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. 
Standard for best value.
(1) 
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) 
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) 
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. 
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. 
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) 
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) 
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) 
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. 
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.