This Town Board finds that there is a public benefit to rewarding veterans for their sacrifice of military service by promoting service-disabled veteran-owned businesses. It is the purpose and intent of the Town Board to amend Chapter
24 of the Town Code, entitled "Governmental Operations," in order to provide a preference to eligible service-disabled veteran-owned businesses to encourage and promote the use of these businesses by increasing their participation in Town contracting opportunities.
As used in this article, the following terms shall have the
meanings indicated:
BIDDER
Any business providing a bid, offer, quote, estimate, proposal
or other response to the Town for the purpose of offering or providing
goods or services to the Town other than in response to a public bid
as required pursuant to § 103 of the General Municipal Law.
CONTRACT
Any claim, account, demand against or agreement with, upon
sufficient consideration, the Town of North Hempstead 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 or collective
bargaining agreements.
SERVICE-DISABLED VETERAN-OWNED BUSINESS or SDVOB
A business that maintains a current certification as a service-disabled
veteran-owned business enterprise by the New York State Office of
General Services Division of Service-Disabled Veterans' Business Development
and meets the criteria set forth in Article 17-B of the Executive
Law.
Any contractor or subcontractor who makes false representations
to the Town in an effort to obtain a preference pursuant to this article
shall be suspended from participating as a contractor or subcontractor
or supplier in any Town contract or project for a period of two years.
The Town shall not award a contract to any contractor who uses the
services of an entity that is suspended for violating this section
during the period of the entity's suspension.
If any clause, sentence, paragraph, subdivision, section or
part of this article 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 article,
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.