As used in this article, the following terms below shall have
the meanings indicated:
CERTIFIED BUSINESS
A business verified as a minority- or women-owned business enterprise pursuant to §
189-27 of this article or a business that has been certified as a service-disabled-veteran-owned business pursuant to Article 17-B of the New York Executive Law.
[Amended 4-24-2018 by L.L. No. 15-2018]
CONTRACTOR
An individual, a business enterprise, including a sole proprietorship,
a partnership, a corporation, a not-for-profit corporation, or any
other entity or party to a County contract, or a bidder in conjunction
with the award of a County contract or a proposed party to a County
contract.
COUNTY
Suffolk County, and shall include:
A.
Any County department; or
B.
Any agency, division, board, office, elected official, commission
or bureau of the County or of any County department.
COUNTY CONTRACT
A.
A written agreement or purchase order instrument providing for
a total expenditure in excess of $25,000, whereby a contracting department
is committed to expend or does expend funds in return for labor, services,
supplies, equipment, materials or any combination of the foregoing,
to be performed for or rendered or furnished to the contracting department
on the County's behalf; or
B.
A written agreement in excess of $100,000 whereby a contracting
department is committed to expend or does expend funds for the acquisition,
construction, demolition, replacement, major repair or renovation
of real property and improvements thereon. For the purpose of this
section, the term "services" shall not include banking relationships,
the issuance of insurance policies or contracts, or contracts with
a contracting department for the sale of bonds, notes or other securities.
DIRECTOR
The Director of the Suffolk County Office of Minority Affairs.
MINORITY GROUP MEMBER
A United States citizen or permanent resident alien who is
and can demonstrate membership in one of the following groups:
A.
Black persons having origins in any of the Black African racial
groups;
B.
Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,
Central or South American of either Indian or Hispanic origin, regardless
of race;
C.
Native American or Alaskan native persons having origin in any
of the original peoples of North America; or
D.
Asian and Pacific Islander persons having origin in any of the
Far East countries, Southeast Asia, the Indian Subcontinent, or the
Pacific Islands.
MINORITY-OWNED BUSINESS ENTERPRISE
A business enterprise, including a sole proprietorship, partnership
or corporation, that is:
A.
At least 51% owned by one or more minority group members;
B.
An enterprise in which such minority ownership is real, substantial
and continuing;
C.
An enterprise in which such minority ownership has and exercises
the authority to control independently the day-to-day business decisions
of the enterprise; and
D.
An enterprise authorized to do business in the State of New
York and is independently owned and operated.
OFFICE
The Suffolk County Office of Minority Affairs.
SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISE
A business enterprise, including a sole proprietorship, partnership,
limited-liability company or corporation, that is:
[Added 4-24-2018 by L.L.
No. 15-2018]
A.
At least 51% owned by one or more service-disabled veterans;
B.
An enterprise in which such service-disabled-veteran ownership
is real, substantial, and continuing;
C.
An enterprise in which such service-disabled-veteran ownership
has and exercises the authority to control independently the day-to-day
business decisions of the enterprise;
D.
An enterprise authorized to do business in this state and is
independently owned and operated;
E.
An enterprise that is a small business which has a significant
business presence in the state, not dominant in its field, and employs,
based on its industry, a certain number of persons as determined by
the Director, but not to exceed 300, taking into consideration factors
which include, but are not limited to, federal Small Business Administration
standards pursuant to 13 CFR Part 121 and any amendments thereto;
and
F.
Certified by the New York State Office of General Services.
SUBCONTRACT
An agreement providing for a total expenditure in excess
of $25,000 for the construction, demolition, replacement, major repair,
renovation, planning or design of real property and improvements thereon
between a contractor and any individual or business enterprise, including
a sole proprietorship, partnership, corporation, or not-for-profit
corporation, in which a portion of a contractor's obligation under
a County contract is undertaken or assumed, but shall not include
any construction, demolition, replacement, major repair, renovation,
planning or design of real property or improvements thereon for the
beneficial use of the contractor.
UTILIZATION PLAN
A plan prepared by a contractor and submitted in connection
with a proposed County contract. The utilization plan shall identify
certified businesses, if known, that have committed to perform work
in connection with the proposed County contract, as well as any such
enterprises, if known, which the contractor intends to use in connection
with the contractor's performance of the proposed County contract.
The plan shall specifically contain a list, including the name, address
and telephone number, of each certified business with which the contractor
intends to subcontract.
WOMEN-OWNED BUSINESS ENTERPRISE
A business enterprise, including a sole proprietorship, partnership
or corporation, that is:
A.
At least 51% owned by one or more United States citizens or
permanent resident aliens who are women;
B.
An enterprise in which the ownership interest of such women
is real, substantial and continuing;
C.
An enterprise in which such women ownership has and exercises
the authority to control independently the day-to-day business decisions
of the enterprise; and
D.
An enterprise authorized to do business in this state and is
independently owned and operated.
Upon receipt by the Director of a complaint by a contracting
department that a contractor has violated the provisions of a County
contract which have been included to comply with the provisions of
this article, the Director shall attempt to resolve the matter giving
rise to such complaint within 30 days of receipt of the complaint.
If efforts to resolve such matter to the satisfaction of all parties
are unsuccessful, the Director shall immediately refer the matter
to the office of the County Attorney for appropriate action, including,
but not limited to, withholding payment due under the contract, or
cancellation, termination or suspension of the contract in whole or
in part.
This article shall apply to all County contracts and documents
soliciting bids or proposals for County contracts on or after the
effective date of this article.