[HISTORY: Adopted by the Town Board of the Town of Milo as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Procurement policy — See Ch. 79.
[Adopted 12-27-2007 (Ch.
9, Art. I, of the 1997 Code)]
A.
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.
B.
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.
[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.
