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The commissioner of citywide administrative services shall have power to use the laboratory and engineering facilities of any agency, together with the technical staff thereof, in connection with work of preparing and adopting standards and written specifications. The commissioner shall consult freely with the heads and other officials of the various agencies to determine their precise requirements, and shall endeavor to prescribe those standards which meet the needs of the majority of such agencies. After adoption, each standard specification shall, until revised or rescinded, apply alike in terms and effect to every future purchase and contract for the commodity described in such specification. The commissioner of citywide administrative services, however, may exempt any such agency from the use of the commodity described in such standard specification.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
a. As used in this section, the terms "as defined" and "as specified" shall mean as defined and as specified from time to time in the relevant regulations of the administrator of the United States environmental protection agency or the California air resources board.
b. As used in this section, the term "low-emission motor vehicle" shall mean a self-propelling light duty vehicle, as defined which is certified in accordance with the terms of subdivision d of this section.
c. Low-emission motor vehicles which meet the standards prescribed by subdivision e of this section, and which have been determined by the department of citywide administrative services to be suitable for use as a substitute for a class or model of motor vehicles presently in use by the city of New York, shall be purchased by the city for use by the city government in lieu of other vehicles, provided that the commissioner of citywide administrative services shall first determine that such low-emission motor vehicles have procurement and maintenance costs not substantially greater than those of the class or model of motor vehicles for which they are to be substituted.
d. The commissioner of citywide administrative services of the city of New York shall, upon request of the commissioner of environmental protection of the city of New York, and after such tests as he or she may deem appropriate, certify as a low-emission motor vehicle any particular class or model of motor vehicles that:
1. meets the California Low-Emission Vehicle (LEV) III or successor standards; or
2. meets either (i) the hydrocarbon and carbon monoxide exhaust emission standards as defined and as specified for nineteen hundred seventy-five model year vehicles and the oxides of nitrogen exhaust emission standard as defined and as specified for the then current model year or (ii) the oxides of nitrogen exhaust emission standard as defined and as specified for nineteen hundred seventy-six model year vehicles and the hydrocarbon and carbon monoxide exhaust emission standards as defined and as specified for the then current model year; and
3. meets the crankcase emission standard as defined and as specified and the fuel evaporative emission standard as defined and as specified; and
4. will not emit an air contaminant not emitted by the class or model of motor vehicle presently in use in the city of New York unless the commissioner of environmental protection determines that such air contaminant will not cause significant detriment to the health, safety, welfare or comfort of any person, or injury to plant and animal life, or damage to property or business.
5. After conducting such tests the commissioner of citywide administrative services shall advise the commissioner of environmental protection of the city of New York whether such class or model of motor vehicles has been so certified. Any such certification shall be valid until the end of the then current model year unless sooner revoked by the commissioner of citywide administrative services.
e. The commissioner of citywide administrative services of the city of New York shall, upon request of the commissioner of environmental protection of the city of New York, and after such tests as he or she may deem appropriate, advise the commissioner of environmental protection of the city of New York, as to any class or model of low-emission motor vehicle, with respect to:
(1) the safety of the vehicle;
(2) its performance characteristics;
(3) its reliability potential; and
(4) its fuel availability.
(Am. L.L. 2023/140, 10/23/2023, eff. 4/20/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059 and L.L. 2023/140.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/020, L.L. 1996/059 and L.L. 2005/121.
a. For purposes of this section only, the following terms shall have the following meanings:
(1) "Contract" means any written agreement, purchase order or instrument whereby the city is committed to expend or does expend funds in return for work, labor, services, supplies, equipment, materials, or any combination of the foregoing.
(a) For purposes of this section only, unless otherwise required by law, the term "contract" shall include any city grant, loan, guarantee or other city assistance for a construction project.
(b) The term "contract" shall not include:
(i) contracts for financial or other assistance between the city and a government or government agency; or
(ii) contracts, resolutions, indentures, declarations of trust, or other instruments authorizing or relating to the authorization, issuance, award, and sale of bonds, certificates of indebtedness, notes or other fiscal obligations of the city, or consisting thereof.
(2) "Contracting agency" means a city, county, borough, or other office, position, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury.
(3) "Contractor" means a person who is a party or a proposed party to a contract with a contracting agency as those terms are defined herein.
b. All contractors doing business with the city without regard to the dollar amount shall not engage in any unlawful discriminatory practice as defined and pursuant to the terms of title viii of the administrative code. Every contract in excess of $50,000 shall contain a provision or provisions detailing the requirements of this section.
c. The contractor will not engage in any unlawful discriminatory practice as defined in title viii of the administrative code. In the case of a contract for supplies or services, the contractor shall include a provision in any agreement with a first-level subcontractor for an amount in excess of $50,000 that such subcontractor shall not engage in such an unlawful discriminatory practice. In the case of a contract for construction, the contractor shall include a provision in all subcontracts in excess of $50,000 that the subcontractor shall not engage in such an unlawful discriminatory practice.
d. Enforcement, remedies, and sanctions. Upon receiving a complaint or at his or her own instance, the commissioner of business services, acting pursuant to section 1305 of the charter, may conduct such investigation as may be necessary to determine whether contractors and subcontractors are in compliance with the equal employment opportunity requirements of federal, state and local laws and executive orders. If the commissioner has reason to believe that a contractor or subcontractor is not in compliance with the provisions of this section, or where there has been a final adjudication by the human rights commission or a court of competent jurisdiction that a contractor has violated one or more of the provisions of title viii of the administrative code, as to its work subject to the contract with the contracting agency, the commissioner of business services shall seek the contractor's or subcontractor's agreement to adopt and adhere to an employment program designed to ensure equal employment opportunity, including but not limited to measures designed to remedy underutilization of minorities and women in the contractor's or subcontractor's workforce, and may, in addition, recommend to the contracting agency that payments to the contractor be suspended pending a determination of the contractor's or subcontractor's compliance with such requirements. If the contractor or subcontractor does not agree to adopt or does not adhere to such a program, the commissioner shall make a determination as to whether the contractor or subcontractor is in compliance with the provisions of this section, and shall notify the head of the contracting agency of such determination and any sanctions, including the withholding of payment, imposition of an employment program, finding the contractor to be in default, cancellation of the contract, or other sanction or remedy provided by law or by contract, which the commissioner believes should be imposed. The head of the contracting agency shall impose such sanction unless he or she notifies the commissioner in writing that the agency head does not agree with the recommendation, in which case the commissioner and the head of the contracting agency shall jointly determine any sanction to be imposed. If the agency head and the commissioner do not agree on the sanction to be imposed, the matter shall be referred to the mayor, who shall determine any sanction to be imposed.
e. Nothing in this section shall be construed to limit the city's authority to cancel or terminate a contract, deny or withdraw approval to perform a subcontract or provide supplies, issue a non-responsibility finding, issue a non-responsiveness finding, deny a person or entity pre-qualification, or otherwise deny a person or entity city business.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2001/015.
(Repealed L.L. 2023/067, 5/29/2023, eff. 6/28/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2001/020.
a. For the purposes of this section only, the following terms shall have the following meanings:
(1) "City agency" means a city, county, borough, administration, department, division bureau, board or commission, or a corporation, institution or agency of government the expenses of which are paid in whole or in part from the city treasury, but shall not include the health and hospitals corporation.
(2) "Covered agreement" means any agreement, including but not limited to, memoranda of understanding, and excluding contracts, entered into on or after the effective date of the local law that added this section, between a hospital and a city agency.
(3) "Covered contract" means any contract entered into on or after the effective date of the local law that added this section, between a hospital and a city agency.
(4) "Emergency contraception" shall mean one or more prescription drugs, used separately or in combination, to be administered to or self-administered by a patient in a dosage and manner intended to prevent pregnancy when used within a medically recommended amount of time following sexual intercourse and dispensed for that purpose in accordance with professional standards of practice, and which has been found safe and effective for such use by the United States food and drug administration.
(5) "Hospital" means any facility operating pursuant to article 28 of the public health law which provides emergency medical care.
(6) "Rape victim" means any female person who alleges or is alleged to have been raped and presents to a hospital.
b. No city agency shall enter into a covered agreement or covered contract with any hospital that does not contain a provision whereby such hospital agrees to inform rape victims presenting to its emergency department of the availability of emergency contraception and, if requested, to administer, if medically appropriate, such contraception in a timely manner.
c. No city agency shall enter into a covered agreement or covered contract with any hospital that does not contain a provision whereby such hospital agrees to provide the department of health and mental hygiene, on an annual basis, a report indicating the following information with respect to each reporting period:
(i) the number of rape victims treated in such hospital's emergency department;
(ii) the number of rape victims treated in such hospital's emergency department which were offered emergency contraception;
(iii) the number of rape victims treated in such hospital's emergency department for whom the administration of emergency contraception was not medically indicated and a brief explanation of the contraindication; and iv) the number of times emergency contraception was accepted or declined by a rape victim treated in such hospital's emergency department.
d. No city agency shall enter into a covered agreement or covered contract with any hospital that does not contain a provision whereby such hospital agrees to provide the department of health and mental hygiene with a copy of its protocol for treatment of victims of sexual assault, which hospitals are required to establish pursuant to section 405.19 of title 10 of the codes, rules and regulations of the state of New York; provided however, that such hospital shall be required to provide such protocol upon amendment or renewal of a covered agreement or covered contract only if such protocol has been amended since the date such hospital initially entered into such covered agreement or covered contract.
e. A hospital shall be liable for a civil penalty of not less than five thousand dollars upon a determination that such hospital has been found, through litigation or arbitration, to have made a false claim with respect to its provision of information to rape victims regarding the availability of emergency contraception or its provision of emergency contraception, if medically indicated, to rape victims in a timely manner.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/026.
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