[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:
CONTRACT
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.
LOCATED WITHIN THE TOWN OF BROOKHAVEN and LOCATED WITHIN THE
COUNTY OF SUFFOLK
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.
PRINCIPAL PLACE OF BUSINESS
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]
[Added 1-25-2018 by L.L.
No. 4-2018, effective 2-6-2018]
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.