[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 4-2-1996 by L.L. No. 12-1996, effective 4-17-1996. Amendments
noted where applicable.]
[Amended 10-22-2020 by L.L. No. 12-2020, effective 11-4-2020]
A.
The Town Board hereby finds and determines that the
Town engages in millions of dollars' worth of goods and services contracts
annually, many of which are awarded to entities outside of the Town
of Brookhaven and Suffolk County. Local businesses may be adversely
affected by economic downturn through a reduction in business activity
and, therefore, a loss of jobs. The Town Board recognizes that the
award of such contracts to entities outside of the Town and Suffolk
County, when the area is experiencing an economic downturn, tends
to exacerbate local economic difficulties.
B.
Therefore, the purpose of this chapter is to permit
Brookhaven Town to award contracts (which are not subject to General
Municipal Law § 103) for goods and services to a bidder
other than the lowest responsible bidder where such other bidder maintains
a principal place of business within the Town of Brookhaven, or sells
the contracted-for goods which were manufactured within the Town of
Brookhaven, and submits a bid not exceeding 10% more than the otherwise
lowest bidders. This chapter would permit award to a bidder other
than the lowest responsible bidder where such bidder maintains a principal
place of business within the County of Suffolk or sells the contracted-for
goods which were manufactured within the County of Suffolk and submits
a bid not exceeding 5% more than the otherwise lowest bidders.
As used in this chapter, the following terms
shall have the meanings indicated:
Any claim, account, or demand against or agreement, other
than a collective bargaining agreement, upon sufficient consideration,
with Brookhaven Town or any divisions, departments, agencies, or entity
thereof, express or implied, for the rendering or performance of personal
or professional services and shall include extensions, modifications,
renewals, or amendments. The term "contract" shall not include any
such agreement which is awarded pursuant to General Municipal Law
§ 103.
Having a principal place of business physically located within
the geographical boundaries of the Town or the county as applicable.
In the case of an individual, partnership, association, or proprietorship,
it shall mean having an office from which at least a majority of the
employees are assigned and at which at least a majority of the employees
work. In the case of a corporation, it shall mean having its principal
place of business from which the president or chief executive officer
operates on a regular and consistent basis, and the address so designated
on its certificate of incorporation, located within the Town or the
county, as applicable. In the case of a joint venture, the principal
place of business shall be construed as requiring both entities, in
the case of a two-party venture, meeting the pertinent test for a
principal place of business set forth above and at least a majority
of the entities in the case of a multiple-party venture, meeting the
pertinent test for a principal place of business set forth above.
The office to which the preponderance of communications is
directed, and at which at least a majority of the entity's work force
is assigned on a regular basis.
[Amended 10-22-2020 by L.L. No. 12-2020, effective 11-4-2020]
A.
Prior to making any purchase of supplies, materials,
equipment, or entering into a contract for the provision of services
or the construction of public works, other than purchases and contracts
subject to General Municipal Law § 103, the Director of
Purchasing, acting on behalf of the Town Board or the Superintendent
of Highways, shall provide an opportunity for competition under such
rules and regulations as may from time to time be established by state
law or local legislation. Contracts that are subject to competitive
bidding shall be awarded to the lowest responsible bidder who shall
give security for the performance of the contract, if required by
the bid specifications. However, the Town Board, Superintendent of
Highways or Director of Purchasing, as the case may be, may award
such contract to a bidder/other than the lowest responsible bidder,
as aforesaid, where such other bidder maintains a principal place
of business located within the Town of Brookhaven, or sells the contracted-for
supplies, material, or equipment manufactured and located within the
Town of Brookhaven, and submits a bid not exceeding 10% more than
the otherwise lowest responsible bidder. The Town Board, Superintendent
of Highways, or Director of Purchasing, as the case may be, may award
such contract to a bidder, other than the lowest responsible bidder,
where such bidder maintains a principal place of business located
within the County of Suffolk or sells the contracted for supplies,
material or equipment manufactured and located within the County of
Suffolk, and submits a bid not exceeding 5% more than the lowest responsible
bidder.
B.
In the event that the Town Supervisor certifies, in writing to the Town Board that a sudden disaster, such as a hurricane, tornado, flood, blizzard, explosion, airplane crash, earthquake, nuclear war, radiological emergency, war, civil unrest or disobedience, act of God, or comparable act has occurred, or in the event that a written declaration of such a disaster is adopted in the form of a resolution by an affirmative vote of at least 2/3 of the entire membership of the Town Board, then the requirement in Subsection A of this section may be waived by the Town Supervisor.
[Added 1-25-2018 by L.L.
No. 4-2018, effective 2-6-2018[1]]
A.
Award on
best value.
(1)
The Town
Board or the Town Division of Purchasing may award purchase contracts,
including contracts for services and/or commodities, on the basis
of "best value," as defined pursuant to New York State Finance Law
§ 163, and any amendments thereto. Such awarded contract
shall further be in accordance with the Town Procurement Policy.
(2)
The Town
Board or the Town Division of Purchasing may use contracts, pursuant
to GML § 103(16), and any amendments thereto, let by the
United States of America or any agency thereof, any state or any other
political subdivision or district therein if such contract was let
to the lowest responsible bidder or on the basis of best value and
made available for use by other governmental entities. Such awarded
contract shall further be in accordance with the Town Procurement
Policy.
This chapter shall apply to contracts other
than those awarded pursuant to General Municipal Law § 103
on or after the effective date of this chapter.
If any clause, sentence, paragraph, subdivision,
section or part of this chapter or the application thereof to any
person, individual, corporation, firm, partnership, entity, or circumstance,
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section
or part of this chapter, or in its application to the person, individual,
corporation, firm,, partnership, entity, or circumstance, directly
involved in the controversy in which such judgment or order shall
be rendered.
