For the purpose of this article, the following terms shall have
the meanings indicated:
BOYCOTT ISRAEL
To engage in any activity, or to promote or encourage others
to engage in any activity, that will result in any person abstaining
from commercial, social, or political relations, with the State of
Israel, or companies based in the State of Israel, with the intent
to penalize, inflict, or cause harm to, or otherwise promote or cast
disrepute on the State of Israel, its people or its commercial products.
[Added 7-26-2016 by L.L.
No. 24-2016]
CONVICTED OF
An adjudication of guilt by any court of competent jurisdiction,
whether upon a verdict or plea of guilty or nolo contendere.
ENTITY
Any individual, firm, association, partnership, institution,
joint venture, joint-stock association or corporation, including an
officer of a corporation, a shareholder owning over 5% of the outstanding
shares of a corporation or a relative within the third degree of consanguinity
of an officer or a shareholder owning over 5% of the outstanding shares
of a corporation, participating in the municipal bidding process in
the County of Suffolk.
PERSON
[Added 7-26-2016 by L.L.
No. 24-2016]
A.
A corporation, company, limited-liability company, business,
business association, partnership, society, trust, or any other nongovernmental
entity, organization, or group; or
B.
Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in Subsection
A of this definition.
Any entity which has engaged in the following acts shall be
determined by the awarding agency to be a nonresponsible bidder and
disqualified from the bidding process:
A. An entity which has been convicted of committing or attempting to
commit one or more of the following crimes within the 10 years immediately
prior to the date of submission of the bid:
(6) Any violent crime related to business, labor or commerce;
(8) Collusive bidding/bid-rigging;
(9) Combination in restraint of trade;
(10)
Any environmental crime, including, but not limited to, the
illegal use or disposal of toxic/hazardous waste or chemicals:
[Added 6-17-2014 by L.L. No. 18-2014]
(11)
Conspiracy to commit one of the crimes listed above; and/or
(12)
Criminal solicitation associated with one of the crimes listed
above.
B. An entity that has been cited by the Suffolk County Department of
Consumer Affairs for operating without a license and/or has had its
County license revoked and continues to operate its business in violation
of the County licensing laws. The term of disqualification shall continue
until the entity is in compliance with all applicable County licensing
laws.
C. Any entity which, in the 10 years immediately prior to the date of submission of bid, has been convicted under, or determined by the New York State Department of Labor or the Suffolk County Department of Labor to be in violation of, Chapter 31 of the Consolidated Laws of the State of New York ("Labor Law"), Chapter
575 of the Suffolk County Code or any provision of state or local law protecting workers' safety. Notwithstanding the foregoing, if the awarding agency finds that an entity has violated any provision of such law, the awarding agency may give due consideration to the size of the entity's business, the good faith of the entity, the gravity of the violation, the history of previous violations and the failure to comply with recordkeeping or other requirements, and such other factors the awarding agency may deem relevant.
D. An entity
that is identified on a list established by the State of New York,
pursuant to Executive Order No. 157-2016, as an institution or company
that boycotts Israel.
[Added 7-26-2016 by L.L.
No. 24-2016]
Any intentional or knowing misrepresentation made by an entity in association with the disclosure requirements set forth in §
189-7 shall constitute an unclassified misdemeanor, and the person making such intentional or knowing misrepresentation shall be subject to a fine of up to $1,000 and/or up to one year in jail and shall be barred from bidding on any future County contract. Each such violation shall constitute a separate and distinct offense.
This article shall not apply to any entity doing business with
the County of Suffolk at the request of the United States government
for national security, anti-terrorist or homeland defense reasons.
In order to qualify for such an exemption, an entity shall submit
to the County written documentation of such request or command issued
by an appropriate official of the United States government.