[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:
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]
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.
C. 
Any contract entered into in violation of Subsection A of this section shall be null and void ab initio and the Department of Finance shall be prohibited from making any payment on any such contract.
[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.
[1]
Editor's Note: This local law also renumbered §§ 7-4 and 7-5 as §§ 7-5 and 7-6, respectively.
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.