Section 103-A. Ground for cancellation of contract by municipal corporations and fire districts  


Latest version.
  • A clause shall be inserted in all specifications or  contracts  made  or  awarded  by  a  municipal corporation or any public
      department, agency or official thereof on or  after  the  first  day  of
      July, nineteen hundred fifty-nine or by a fire district or any agency or
      official  thereof  on  or  after  the  first  day of September, nineteen
      hundred sixty, for work or services performed or  to  be  performed,  or
      goods  sold or to be sold, to provide that upon the refusal of a person,
      when called before a grand jury, head of a state  department,  temporary
      state  commission  or other state agency, the organized crime task force
      in the department of law, head of  a  city  department,  or  other  city
      agency,  which  is  empowered  to compel the attendance of witnesses and
      examine them under oath, to testify in an investigation  concerning  any
      transaction  or  contract  had with the state, any political subdivision
      thereof, a public authority or with any  public  department,  agency  or
      official  of  the  state or of any political subdivision thereof or of a
      public authority, to  sign  a  waiver  of  immunity  against  subsequent
      criminal  prosecution or to answer any relevant question concerning such
      transaction or contract,
        (a) such person, and any firm, partnership or corporation of which  he
      is  a  member,  partner,  director or officer shall be disqualified from
      thereafter selling to or submitting bids to or receiving awards from  or
      entering  into  any  contracts  with  any  municipal corporation or fire
      district, or any public department,  agency  or  official  thereof,  for
      goods,  work or services, for a period of five years after such refusal,
      and to provide also that
        (b) any and all contracts made with any municipal corporation  or  any
      public  department, agency or official thereof on or after the first day
      of July, nineteen hundred fifty-nine or with any fire  district  or  any
      agency  or  official  thereof  on  or  after the first day of September,
      nineteen hundred sixty, by such person, and by any firm, partnership, or
      corporation of which he is a member, partner, director or officer may be
      cancelled or terminated by the municipal corporation  or  fire  district
      without incurring any penalty or damages on account of such cancellation
      or  termination,  but  any  monies owing by the municipal corporation or
      fire district for goods delivered or work done prior to the cancellation
      or termination shall be paid.
        The provisions of this section as in force and  effect  prior  to  the
      first   day  of  September,  nineteen  hundred  sixty,  shall  apply  to
      specifications or contracts made or awarded by a  municipal  corporation
      on  or  after  the  first  day of July, nineteen hundred fifty-nine, but
      prior to the first day of September, nineteen hundred sixty.