[Adopted 6-18-2020 by L.L. No. 3-2020]
A.
This Town Board hereby finds that the current economic downturn being
experienced by the Town as a result of the COVID-19 pandemic is adversely
affecting local businesses through a reduction in business activity
and a concomitant loss of jobs.
B.
This Town Board further finds that there is a public benefit to spending
public funds in the local economy.
C.
This Town Board also finds and determines that the award of contracts
to entities outside the Town of North Hempstead and the County of
Nassau, at a time when the Town is experiencing an economic downturn,
tends to exacerbate local economic difficulties.
D.
Therefore, the purpose of this article is to grant local businesses
a preference when seeking to do business with the Town.
As used in this article, the following terms shall have the
meanings indicated:
Any business providing a bid, offer, quote, estimate, proposal
or other response to the Town for the purpose of offering or providing
goods or services to the Town other than in response to a public bid
as required pursuant to § 103 of the General Municipal Law.
Any claim, account, demand against or agreement with, upon
sufficient consideration, the Town of North Hempstead 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 or collective
bargaining agreements.
A business physically located within the geographical boundaries
of the County of Nassau (the "County") meeting the following criteria:
A physical presence of at least a year established by ownership
or lease of premises that includes an operational office for conducting
business or selling and/or manufacturing supplies, materials or equipment,
and the employment of a minimum of two full-time employees.
In the case of a two-party joint venture, both entities must
meet the pertinent test for a local business set forth in Subsection
(A) above.
In the case of joint venture with more than two parties, at
least a majority of the entities must meet the pertinent test for
a local business set forth above.
A.
In the case of all purchases to be made and all contracts to be awarded,
except contracts awarded pursuant to § 103 of the General
Municipal Law, the Director of Purchasing and the Commissioner of
the Department of Public Works may grant a local business preference
and effect such purchase from, or award such contract to, a responsible
bidder other than the lowest responsible bidder where such other bidder
is a local business.
B.
The Town Board, by resolution, shall amend the Procurement and Payment
Policy to provide the Division of Purchasing and the Department of
Public Works additional guidelines to implement the provisions of
this article.
A.
This article applies to contracts other than those awarded pursuant
to § 103 of the General Municipal Law on or after August
1, 2020.
B.
This article shall not apply in the following situations:
(1)
Where the preference created by this section would violate federal
or state law or any existing contract;
(2)
Where external funding sources do not permit local preference purchasing
allowances;
(3)
Where the goods or services being purchased are available through
a cooperative purchasing program or through piggybacking as described
in the Town's procurement policy or state law;
(4)
Where the Town Board waives the requirements of this article by resolution
when it deems appropriate;
(5)
Where the goods or services are subject to mandatory competitive
bidding rules of § 103 of the General Municipal Law.
If any clause, sentence, paragraph, subdivision, section or
part of this article 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 article,
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.
