[HISTORY: Adopted by the Town Board of the Town of Babylon 6-18-2020 by L.L. No. 9-2020. Amendments noted where applicable.]
A.
This Town Board hereby finds and determines that millions of dollars
worth of contracts for goods and services are awarded by Babylon Town
each year.
B.
This Town Board further finds that the current pandemic and resulting
economic downturn being experienced by the Town is adversely affecting
local businesses through a reduction in business activity and a concomitant
loss of jobs.
C.
This Town Board further finds and determines that many of these contracts
are awarded to individuals or entities that are located outside the
Town of Babylon and the County of Suffolk.
D.
This Town Board also finds and determines that the award of such
contracts to individuals or entities outside the Town of Babylon and
the County of Suffolk, at a time when the Town is experiencing a pandemic
and economic downturn, tends to exacerbate economic difficulties.
E.
Therefore, the purpose of this chapter is to permit Babylon 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 Babylon, or sells the contracted-for
goods which were manufactured within the Town of Babylon, and submits
a bid not exceeding 10% more than the otherwise lowest contractors.
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 contractors.
As used in this chapter, the following terms shall have the
meanings indicated:
Any claim, account, or demand against or agreement, other
than a collective bargaining agreement, upon sufficient consideration,
with Babylon 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.
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.
The office to which the preponderance and communications
is directed, and at which at least a majority of the entity's
work force is assigned on a regular basis.
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, 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, 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
Babylon, or sells the contracted-for supplies, material, or equipment
manufactured and located within the Town of Babylon, and submits a
bid not exceeding 10% more than the otherwise lowest responsible bidder.
The Town Board, 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, pandemic, 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.
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.
