General Municipal Law § 106 allows contractors with the Town of Dryden to substitute certain obligations, defined in such section, for amounts due contractors under public works contracts with the Town. General Municipal Law § 106-a permits the imposition of a service charge by the Town for receiving, handling and disbursing funds and coupons pursuant to General Municipal Law § 106. The purpose of this article is to establish a procedure for the safekeeping of obligations deposited with the Town and to establish a service charge for such safekeeping and the receiving, handling and disbursing funds and coupons due under such obligations.
[HISTORY: Adopted by the Town Board of the Town of Dryden as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-11-1995 by L.L. No. 1-1995]
For the purposes of this article, the following terms shall have the meaning herein provided:
A written contract between the Town and a contractor for the performance of a public works contract.
Those obligations defined in General Municipal Law § 106.
The amounts held by the Town from a contractor pursuant to the provisions of a contract for public works and General Municipal Law § 106-b.
The Town Supervisor of the Town of Dryden, New York. The Supervisor is the fiscal officer of the Town.
The Town of Dryden, Tompkins County, New York.
A.
When, pursuant to General Municipal Law § 106, a contractor desires to substitute obligations for retained percentages, the contractor shall notify the Town in writing of the exact nature of the obligations proposed to be tendered to the Town.
B.
The Supervisor shall then determine if such obligations are of a type, amount and character which can be substituted for retained percentages. The Supervisor shall also determine the market value of the obligations proposed to be tendered to the Town by inquiry to a stock or bond brokerage firm which maintains a seat of the New York Stock Exchange and which firm has a place for the transaction of business in Tompkins County, New York.
C.
The project engineer shall, from time to time as requested by the Town Supervisor, certify to the Supervisor the amount of the retained percentages due the contractor under the contract.
D.
When the Supervisor has determined that the obligations proposed to be tendered are of a type, amount and character which can be substituted for retained percentages, the contractor shall be so notified by the Supervisor. The Supervisor shall also notify the contractor of the market value of such obligations.
E.
A contractor desiring to substitute obligations for retained percentages shall cause such obligations to be personally delivered to the Town Hall, 65 East Main Street, Dryden, New York, and upon such delivery, a receipt shall be given. Such obligation shall be transferred to the Town or accompanied by an assignment in blank. Upon receipt of such obligations transferred to the Town as herein provided, the Supervisor shall, subject to the provisions of this article and the provisions of General Municipal Law §§ 106 and 106-a, pay over to the contractor the amount of the retained percentage less the initial service charge provided for in § 14-5.
F.
The Supervisor shall collect and pay over to the contractor the interest and income on the obligations according to the requirements of General Municipal Law § 106. In the event no such interest and income is received, or if insufficient interest and income are received, to cover the annual service charge, then the Supervisor shall collect such service charge from the contractor prior to redelivering the obligations to the contractor according to the terms of the contract between the Town and the contractor.
G.
The Supervisor shall, from time to time, monitor the market value of the obligations. In the event the market value of such obligations shall decrease to an amount below the amount of retained percentage to which the Town is entitled, the Supervisor shall so notify the contractor, who must then deposit cash or additional obligations with the Town to equal the amount of retained percentage to which the Town is then entitled. No interest or income collected by the Supervisor shall be paid over to any contractor who has not maintained obligations of a sufficient value to equal the amount of the retained percentage to which the Town is entitled. Upon compliance by the contractor with the requirements of this subsection, the Supervisor shall pay over to any such contractor interest and income collected by the Supervisor and held by him pending compliance by the contractor with this subsection.
The Supervisor shall rent a safe deposit box in the name of the Town from a local bank or trust company and shall store all such obligations, coupons and assignments in blank in such safe deposit box.
There is hereby imposed and the Supervisor shall collect as herein provided, a service charge to be paid by the contractor as follows:
This article shall take effect immediately upon filing as provided by law.
[Adopted 1-15-2026 by L.L. No. 1-2026]
Shall mean and refer to a basis for awarding contracts for services to the Town which optimize quality, cost, and efficiency among responsive bids and offers from responsible and qualified bidders and offerors.
Shall mean and refer to the Town's Highway Superintendent, Director of Planning, Town Clerk, Town Supervisor, Recreation Director, Town Bookkeeper, Town Justice, and Dryden Fiber Executive Director.
A quote or proposal received pursuant to standard bidding procedures, including both purchase contracts and contracts for service work (but excluding any purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the Labor Law), may be awarded on either a best value or lowest responsible bidder standard, so long as the requirements of this article have been met.
A.
Bases for best value bidding or procurement shall reflect, wherever possible, objective and quantifiable factors subject to reasonable analysis.
B.
Such bases may also identify quantitative factors for bids and offers that are small businesses or certified minority- or women-owned business enterprises as defined in Executive Law §§ 310, Subdivisions 1, 7, 15 and 20 (as the same may be amended from time to time), to be used in the evaluation of offers for awarding of contracts for services.
C.
All awards based on best value shall require Town Board approval. The Town Board shall determine, as required pursuant to Subsections A and B of this section, that goods and services procured and awarded based on best value are those that it has determined will be of the highest quality while being the most cost efficient. In addition, the requirements of State Finance Law § 163 and the following criteria and procedures shall apply and be observed:
(1)
The Department Head requesting Town Board approval shall document in the procurement record and in advance of the initial receipt of offers a clearly articulated procedure and a clear statement of product specifications, requirements or work to be performed; a documentable process for soliciting bids, proposals or other offers; a balanced and fair method, established in advance of the receipt of offers, for evaluating offers and awarding contracts; contract terms and conditions that protect the Town's interests and promote fairness in contracting with the business community; and a regular monitoring of vendor performance.
(2)
Reasonable efforts shall be made to ensure that the private and not-for-profit sectors in New York state are apprised of procurement opportunities, including by specifying the elements of a responsive bid and disclosing the process for awarding contracts, including, if applicable, the relative importance or weight of cost and the overall technical criterion for evaluating offers and ensuring the procurement is conducted accordingly.
(3)
Guidelines and specifications for procurements and best value determinations shall reasonably address performance and shall prescribe the minimum specifications or requirements that must be met in order for an offer to be considered responsive, a process for ensuring a competitive field, a fair and equal opportunity for interested bidders to submit responsive offers, and a balanced and fair method of award. Such criteria may include, but are not limited to: the cost of maintenance; the proximity to the end user if distance or response time is a significant term; durability; availability of replacement parts or maintenance contractors; longer product life; product performance criteria; or quality of craftsmanship.
(4)
In the event that no best value election is made, purchase contracts will continue to be awarded to the lowest responsible bidder furnishing any required security.
(5)
All information gathered in the course of the bidding procedures of this article 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 properly documented.
D.
The Town shall adopt procurement policies that, in conjunction with this article, help develop procedures for governing awards on the basis of best value procurement and bidding. These policies may be adopted by resolution and shall be periodically reviewed and updated by resolution of the Town Board.
This article applies only to purchase contracts involving an expenditure of more than $20,000, including contracts for service work, but excluding any purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the Labor Law and excluding any purchase or procurement of goods and services otherwise excluded by law from best value purchasing standards, whether now existing or hereafter arising. Such number is based upon current procurement levels set in General Municipal Law § 103. If the dollar thresholds of General Municipal Law § 103 are increased or decreased in the future by proper amendment to law, then the dollar thresholds as set forth herein shall be deemed simultaneously amended to match the then stated updated thresholds for goods and services procurements that are not public works.
Any inconsistent provision of the Town's procurement policy, as adopted or amended prior to the effective date of this article, shall be deemed superseded and supplemented by the provisions of this article so as to incorporate best value bidding rules therein. If any part or provision of this article or the application hereof to any person or circumstance be adjudged invalid by any court or tribunal of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons or circumstances. The Town Board of the Town of Dryden hereby declares that it would have passed this article, or the remainder hereof, had such invalid application or invalid provision been apparent or omitted. Any reference to a state statute or code shall include the future amendment or recodification of such statute or code, and such references herein are for convenience and construction purposes only.