Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Milo as indicated in article histories. Amendments noted where applicable.]
Procurement policy — See Ch. 79.
[Adopted 12-27-2007 (Ch. 9, Art. I, of the 1997 Code)]
An independent contractor doing business with the Town of Milo shall provide proof of liability insurance coverage and professional liability insurance, if applicable, in an amount acceptable to the Town of Milo.
On a case-by-case basis, the Town of Milo may require proof that it is named as an "additional insured" on the independent contractor's liability insurance policy.
If labor and materials are being provided, then the independent contractor shall give to the Town an executed indemnification and hold harmless agreement (in the format attached hereto).[1]
Editor's Note: Said agreement format is on file in the Town offices.
[Adopted 9-16-2016 by L.L. No. 4-2016]
This article is a law "Authorizing the awarding of Purchase Contracts (including contracts for service work) on the basis of Best Value" by the Town of Milo.
New York State (NYS) General Municipal Law § 103 requires competitive bidding for purchase contracts and public works contracts and has historically required that such bids be awarded to the lowest responsible bidder whose bid meets the requirements of the specifications for the project. Section 103 was recently amended to provide that by enacting a local law so providing, towns and other municipalities may award purchase contracts (including contracts for service work), which would otherwise be subject to the lowest bidder rule, on the basis of "best value," as defined in the NYS State Finance Law § 163, to a responsive and responsible bidder or offerer. The Town Board hereby determines that it is in the best interests of the Town of Milo and its residents for the Town to have the authority to award purchase contracts on the basis of best value (including contracts for service work).
As used in this article, the following terms shall have the meanings indicated:
The basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. [NYS State Finance Law § 163(1)(j)].
The financial ability, legal capacity, integrity, and past performance of a business entity and as such terms have been interpreted relative to public procurements [NYS State Finance Law § 163(1)(c)].
A bidder or other offerer meeting the minimum specifications or requirements as prescribed in a solicitation for commodities or services by a state agency [NYS State Finance Law § 163(1)(d)].
In addition to the other manners of awarding contracts provided in § 103 of the NYS General Municipal Law and the Town of Milo Procurement Policy, the Town of Milo may award purchase contracts, 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 NYS Labor Law, on the basis of "best value," as that term is defined in § 163 of the NYS Finance Law, to a responsive and responsible bidder or offerer in the manner provided by § 103 of the NYS General Municipal Law.
This article is enacted pursuant to the authority of the Municipal Home Rule Law, Article 2, and the NYS General Municipal Law § 103(1).
If any clause, sentence, paragraph, section or part of this article or the application thereof to any person, firm or company, 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, section or part of this article or in its application to the person, individual, firm or company or circumstance directly involved in the controversy in which such judgment or order shall be rendered.
This article shall be interpreted in such a way, wherever possible, so that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect. Whenever the requirements of this article are at variance with the requirements of other lawfully adopted rules, regulations or laws, the law with the most restrictive provisions or those imposing the higher standards shall govern.
This article shall be operative immediately and effective upon being filed with the New York State Secretary of State pursuant to § 27 of the Municipal Home Rule Law of the State of New York.