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a. For purposes of this section, the term "contract" means any agreement, purchase order or other instrument whereby the city is committed to expend or does expend funds in return for goods, services or construction.
b. It is unlawful for an agency to deny a contract because of the actual or perceived race, creed, color, national origin, age, gender, disability, sexual orientation or alienage or citizenship status of the owners of the bidder or proposer.
c. This section does not prohibit any agency from giving preference in the award of a contract to bidders or proposers owned by persons protected by the provisions of this section, when such preference is required or permitted by any law or regulation of the United States, the state of New York or the city of New York.
d. A bidder or proposer who believes that a violation of the requirements of this section has occurred may protest an agency determination pursuant to the rules of the procurement policy board.
(L.L. 2017/223, 12/1/2017, eff. 12/1/2017)
* Editor's note: there are two sections designated as § 6-130.
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
(1) "Agency" shall mean 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.
(2) "City chief procurement officer" shall mean the person to whom the mayor has delegated authority to coordinate and oversee the procurement activity of mayoral agency staff, including the agency chief contracting officers and any offices that have oversight responsibility for procurement.
(3) "Food products" shall mean the types of fresh fruits, vegetables and field crops identified on the list promulgated by the New York state commissioner of agriculture and markets pursuant to subdivision eight-a of New York general municipal law section one hundred three.
(4) "Food purchase contract" shall mean any contract entered into by an agency for the direct purchase of food products or processed food.
(5) "Food-related services contract" shall mean any contract for services entered into by an agency, that includes the provision of food products or processed food.
(6) "New York state food products" shall mean food products whose essential components are grown, produced or harvested in New York state, and processed food that is processed in facilities located within New York state.
(7) "Processed food" shall mean the types of foods that have been altered from their natural state, using methods including, but not limited to, canning, freezing, cooking, mixing, chopping, refrigeration, dehydration, liquefaction, and emulsification identified on the list promulgated by the New York state commissioner of agriculture and markets pursuant to subdivision eight-a of New York general municipal law section one hundred three.
b. The city chief procurement officer shall encourage agencies to make best efforts to purchase New York state food in ways including, but not limited to:
(1) within one hundred eighty days of the effective date of the local law that added this section, establishing guidelines for agencies that will assist in increasing the purchase of New York state food products, pursuant to the process set forth in subdivision eight-a of New York general municipal law section one hundred three, applicable to both food purchase contracts and food-related services contracts;
(2) publishing such New York state food products purchasing guidelines on the mayor's office of contract services website, disseminating such guidelines to agencies and training agency contracting personnel on implementing such guidelines; and
(3) monitoring agency implementation of such guidelines.
c. Within one hundred eighty days of the effective date of the local law that added this section, the commissioner of the department of citywide administrative services, with respect to food purchase contracts, and the city chief procurement officer, with respect to food-related services contracts, shall ensure that the city guidelines and the listing of New York state food products promulgated by the New York state commissioner of markets and agriculture pursuant to subdivision eight-a of New York general municipal law section one hundred three are made a part of each solicitation for all such contracts and shall request that each vendor supplying food products or processed food under a contract issued as a result of such solicitations:
(1) review the list of New York state food products to determine whether any such products are being provided under such contract(s);
(2) report to the procuring agency all of the food products and processed food procured under such contract(s), categorized by specific type, together with the dollar value of each such type procured under such contract(s), to the extent practicable and known to such vendor; and
(3) for each such type of food product or processed food included on the listing of New York state food products, report to the procuring agency, to the extent practicable and known to such vendor:
(a) any such New York state food product procured under such contract(s), together with the dollar value of each such type procured under such contract(s);
(b) any such food product from outside of New York state procured under such contract(s) during its listed New York state availability period, together with the dollar value of each such type procured under such contract(s); and
(c) any other such food product from outside of New York state or processed food from facilities outside of New York state procured under such contract(s) from outside New York state, together with the dollar value of each such type procured under such contract(s).
d. The city chief procurement officer shall collect the information provided by vendors pursuant to subdivision c of this section.
e. This section shall not be construed as requiring that the guidelines developed pursuant to this section require the purchase of more costly food products or processed food, or that such guidelines be made applicable to:
(1) emergency procurements pursuant to section three hundred fifteen of the charter;
(2) food purchases in dollar amounts less than the small purchase limits set forth in section three hundred fourteen of the charter; or
(3) food procured from vendors in partial fulfillment of larger contracts for social services, where food is purchased in dollar amounts totaling annually less than the small purchase limits set forth in section three hundred fourteen of the charter.
f. Nothing in this section shall be construed to limit the city's authority to enter into, cancel or terminate a contract, issue a non-responsibility finding, issue a non-responsiveness finding, deny a person or entity pre-qualification, or otherwise deny a contractor city business.
g. Not later than October first of each year, the city chief procurement officer shall submit to the mayor and the speaker of the city council, and publish on the mayor's office of contract services website, a report detailing the city's efforts during the preceding fiscal year to implement the city guidelines for the purchase of New York state food, adopted pursuant to subdivision eight-a of New York general municipal law section one hundred three. Such report shall include, at minimum:
(1) a description of the city's efforts to improve and increase the tracking of information relating to New York state food procured by agencies;
(2) a list of vendors that provided information pursuant to subdivision c of this section, in connection with covered solicitations; and
(3) the information collected pursuant to paragraph three of subdivision c of this section, compiled to provide the following, disaggregated by food product and processed food:
(a) the total dollar value of New York state food products procured by agencies;
(b) the total dollar value of food products from outside of New York state procured by agencies during their listed New York state availability periods; and
(c) the total dollar value of all other food products from outside of New York state and processed food from facilities outside of New York state.
* Editor's note: there are two sections designated as § 6-130.
a. Definitions. For purposes of this section, the following terms have the following meanings:
"Building service work" means work performed in connection with the care or maintenance of a building or property, and includes but is not limited to work performed by a watchperson, guard, doorperson, building cleaner, porter, handyperson, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, or window cleaner.
"Building service employee" means any person, the majority of whose employment consists of performing building service work, including but not limited to a watchperson, guard, doorperson, building cleaner, porter, handyperson, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, or window cleaner.
"City development project" means any project that: (a) is a large development project or a residential project; and (b) has received financial assistance. The term "city development project" shall not include a project of the health and hospitals corporation, a supportive housing project, or a preservation project.
"City economic development entity" means a not-for-profit organization, public benefit corporation, or other entity that provides or administers economic development benefits on behalf of the city as described by paragraph b of subdivision 1 of section 1301 of the charter.
"Comptroller" means the comptroller of the city.
"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.
"Converted public housing building" means any building converted from section 9 of the United States Housing Act of 1937, as amended, to section 8 of such act by the New York city housing authority.
"Converted public housing building service worker" means any building service worker employed at a converted public housing building that is a beneficiary of federal assistance under the United States Housing Act of 1937, as amended, at the time such worker performs such building service work.
"Covered developer" means any person receiving financial assistance in relation to a city development project, or any assignee or successor in interest of real property that qualifies as a city development project. The term "covered developer" shall not include any not-for-profit organization, except where a not-for-profit organization receives financial assistance in relation to a city development project that is a residential project. Further, such term shall not include a business improvement district, a small business, or an otherwise covered developer whose industry conducted at the project location is manufacturing, as defined by the North American Industry Classification System.
"Covered lessor" means any person entering into a lease with a contracting agency.
"Financial assistance" means assistance that is provided to a covered developer or protected developer for the improvement or development of real property, economic development, job retention and growth, or other similar purposes, and that is provided either (a) directly by the city, or (b) indirectly by a city economic development entity and that is paid in whole or in part by the city, and that at the time the covered developer or protected developer enters into a written agreement with the city or city economic development entity is expected to have a total present financial value of $1,000,000 or more. Financial assistance includes, but is not limited to, cash payments or grants, bond financing, tax abatements or exemptions (including, but not limited to, abatements or exemptions from real property, mortgage recording, sales and uses taxes, or the difference between any payments in lieu of taxes and the amount of real property or other taxes that would have been due if the property were not exempted from the payment of such taxes), tax increment financing, filing fee waivers, energy cost reductions, environmental remediation costs, write-downs in the market value of building, land, or leases, or the cost of capital improvements related to real property that, under ordinary circumstances, the city would not pay for; provided, however, that any tax abatement, credit, reduction or exemption that is given to all persons who meet criteria set forth in the state or local legislation authorizing such tax abatement, credit, reduction or exemption, is deemed to be as of right (or non-discretionary); and provided further that the fact that any such tax abatement, credit, reduction or exemption is limited solely by the availability of funds to applicants on a first come, first serve or other non-discretionary basis set forth in such state or local law shall not render such abatement, credit, reduction or exemption discretionary. Financial assistance includes only discretionary assistance that is negotiated or awarded by the city or by a city economic development entity, and shall not include as-of-right assistance, tax abatements or benefits. Where assistance takes the form of leasing city property at below-market lease rates, the value of the assistance shall be determined based on the total difference between the lease rate and a fair market lease rate over the duration of the lease. Where assistance takes the form of loans or bond financing, the value of the assistance shall be determined based on the difference between the financing cost to a borrower and the cost to a similar borrower that does not receive financial assistance from a city economic development entity.
"Large development project" means a project undertaken by a city agency or a city economic development entity for the purpose of improvement or development of real property, economic development, job retention or growth, or other similar purposes where the project is expected to be larger than 100,000 square feet.
"Lease" means any agreement whereby a contracting agency contracts for, or leases or rents, commercial office space or commercial office facilities of 10,000 square feet or more from a non-governmental entity provided the city, whether through a single agreement or multiple agreements, leases or rents no less than 51 percent of the total square footage of the building to which the lease applies, or if such space or such facility is entirely located within the geographic area in the borough of Staten Island, or in an area not defined as an exclusion area pursuant to section 421-a of the real property tax law on the date of enactment of the local law that added this section, then no less than 80 percent of the total square footage of the building to which the lease applies. Such agreements do not include agreements between not-for-profit organizations and a contracting agency.
"Not-for-profit organization" means an entity that is either incorporated as a not-for-profit corporation under the laws of the state of its incorporation or exempt from federal income tax pursuant to subdivision c of section 501 of the United States internal revenue code.
"On-site supportive services" means the provision of services to residents that may include, but are not limited to, assistance with the physical health, mental health, and substance abuse needs of such residents.
"Preservation project" means a (i) small residential project; or (ii) residential project that includes an existing building that is subject to a regulatory agreement with a federal, state or local government agency, provided that such agreement requires all of the residential units, other than units for resident employees of such building, to be affordable for households earning on average up to 50 percent of the area median income, adjusted for household size, and provided, further, that such project receives financial assistance: (A) solely in the form of a tax benefit or (B) that averages less than $35,000 per residential unit, except that "preservation project" shall not include a supportive housing project.
"Prevailing wage" means the rate of wage and supplemental benefits paid in the locality to workers in the same trade or occupation and annually determined by the comptroller in accordance with the provisions of section 234 of the labor law. As provided under section 231 of the labor law, the obligation of an employer to pay prevailing supplements may be discharged by furnishing any equivalent combinations of fringe benefits or by making equivalent or differential payments under rules and regulations established by the comptroller.
"Protected wage" means the rate of wages and cost of benefits paid to a building service employee in a preservation project on the date that the financial assistance for such project is received plus an annual increase to account for any change in the cost of living and in the cost of providing benefits. Such increase shall be determined by a standard determined pursuant to rule, as required by paragraph (9) of subdivision d of this section.
"Protected developer" means any person receiving financial assistance for a preservation project, except that "protected developer" shall not include a business improvement district.
"Received" means the execution of a written instrument that sets forth the provision of financial assistance to a covered developer or protected developer by the city or a city economic development entity.
"Residential project" means a project undertaken by a city agency or a city economic development entity to develop or improve no less than 120 residential units in one or more buildings.
"Small business" means an entity that has annual reported gross revenues of less than $5,000,000. For purposes of determining whether an employer qualifies as a small business, the revenues of any parent entity, of any subsidiary entities, and of any entities owned or controlled by a common parent entity shall be aggregated.
"Small residential project" means a project: (a) undertaken by a city agency or a city economic development agency to improve no more than 119 residential units in one or more buildings; and (b) that has received financial assistance.
"Supportive housing project" means a project for the provision of housing in which: (i) a developer has entered into a regulatory agreement with a federal, state or local government entity that requires: (A) at least 50 percent of the residential units in such project be reserved for homeless, disabled individuals or homeless families with a disabled head-of-household, and (B) the provision of on-site supportive services to the residents of at least 50 percent of the residential units, and (ii) the remaining 50 percent of the residential units in such project be rented to households earning, on average, up to 80 percent of the area median income, adjusted for household size.
b. Prevailing wage in buildings where the city leases space required.
(1) Covered lessors shall ensure that all building service employees performing building service work at the premises to which a lease pertains are paid no less than the prevailing wage.
(2) Prior to entering into a lease, or extension, renewal, amendment or modification thereof, and annually thereafter for the term of the lease the contracting agency shall obtain from the prospective covered lessor, and provide to the comptroller, a certification, executed under penalty of perjury, that all building service employees employed in the building to which the lease pertains or under contract with the covered lessor to perform building service work in such building will be and/or have been paid the prevailing wage for the term of the lease. Such certification shall include a record of the days and hours worked and the wages and benefits paid to each building service employee employed at such building which shall be available for inspection by the city. Such certification shall be certified by the chief executive or chief financial officer of the covered lessor, or the designee of any such person. The certification shall be annexed to a part of any prospective lease. A violation of any provision of the certification or failure to provide such certification shall constitute a violation of this section by the party committing the violation of such provision.
(3) Each covered lessor shall be required to submit copies of records, certified under penalty of perjury to be true and accurate, for the building service employees performing services in the building or buildings to each contracting agency with every request for payment under the lease. Such records shall include the days and hours worked, and the wages paid and benefits provided to each building service employee. The covered lessor may satisfy this requirement by obtaining copies of records from the employer or employers of such employees. Each covered lessor shall maintain original payroll records for each building service employee reflecting the days and hours worked, and the wages paid and benefits provided for such hours worked, and shall retain such records for at least six years after the building service work is performed. Failure to maintain such records as required shall create a rebuttable presumption that the building service employee was not paid the wages and benefits as required under this section. Upon the request of the comptroller or the city, the covered lessor shall provide a certified original payroll record.
(4) No later than the day on which the term of the lease begins to run, a covered lessor shall post in a prominent and accessible place at each building to which the lease pertains and provide each building service employee a copy of a written notice, prepared by the comptroller, detailing the wages, benefits, and other protections to which building service employees are entitled under this section. Such notice shall also provide the name, address and telephone number of the comptroller and a statement advising employees that if they have been paid less that the prevailing wage they may notify the comptroller and request an investigation. Such notices shall be provided in English and Spanish. Such notice shall remain posted for the duration of the lease and shall be adjusted periodically to reflect the current prevailing wage for building service employees. The comptroller shall provide the city with sample written notices explaining the rights of building service employees and covered lessors' obligations under this section, and the city shall in turn provide those written notices to covered lessor.
(5) The comptroller or the city may inspect the records maintained pursuant to paragraph 3 of this subdivision to verify the certifications submitted pursuant to paragraph 2 of this subdivision.
(6) The requirements of this section shall apply for the term of the lease.
(7) The city shall maintain a list of covered lessors that shall include the address of the building to which the lease pertains. Such list shall be updated and published as often as is necessary to keep it current.
c. Prevailing wage in city development projects required.
(1) Except with regard to converted public housing building service workers in connection with a city development project or a preservation project, the following requirements shall apply to covered developers and protected developers:
(A) Covered developers shall ensure that all building service employees performing building service work in connection with a city development project are paid no less than the prevailing wage.
(B) Protected developers shall ensure that all building service employees performing building service work in connection with a preservation project are paid no less than the protected wage.
(2) Prior to commencing work at a city development project, and annually thereafter, every covered developer shall provide to the city or the city economic development entity and the comptroller an annual certification executed under penalty of perjury that all building service employees subject to subparagraph (A) of paragraph 1 of this section, who are employed at a city development project by the covered developer or under contract with the covered developer to perform building service work will be and/or have been paid the prevailing wage. Prior to commencing work at a preservation project, and annually thereafter, every protected developer shall provide to the city or the city economic development entity and the comptroller an annual certification executed under penalty of perjury that all building service employees subject to subparagraph (B) of paragraph 1 of this section, who are employed at a preservation project by the protected developer or under contract with the protected developer to perform building service work will be and/or have been paid no less than the protected wage. Such certification shall include a record of the days and hours worked and the wages and benefits paid to each building service employee employed at the city development project or preservation project, or under contract with the covered developer or protected developer. Such certification shall be certified by the chief executive or chief financial officer of the covered developer or protected developer, or the designee of any such person. A violation of any provision of the certification, or failure to provide such certification, shall constitute a violation of this section by the party committing the violation of such provision.
(3) Each covered developer and protected developer shall maintain original payroll records for each building service employee subject to subparagraphs (A) or (B) of paragraph 1 of this section reflecting the days and hours worked, and the wages paid and benefits provided for such hours worked, and shall retain such records for at least six years after the building service work is performed. The covered developer or protected developer may satisfy this requirement by obtaining copies of records from the employer or employers of such employees. Failure to maintain such records as required shall create a rebuttable presumption that the building service employees were not paid the wages and benefits required under this section. Upon the request of the comptroller or the city, the covered developer or protected developer shall provide a certified original payroll record.
(4) No later than the day on which any work begins at any city economic development project or preservation project subject to the requirements of this section, a covered developer or protected developer shall post in a prominent and accessible place at every such city economic development project or preservation project, as applicable, and provide each building service employee subject to subparagraphs (A) or (B) of paragraph 1 of this section a copy of a written notice, prepared by the comptroller, detailing the wages, benefits, and other protections to which building service employees are entitled under this section. Such notice shall also provide the name, address and telephone number of the comptroller and a statement advising such building service employees that if they have been paid less that the prevailing wage or protected wage, as applicable, they may notify the comptroller and request an investigation. Such notice shall be provided in English and Spanish. Such notice shall remain posted for the duration of the applicable period as set forth in paragraph 6 of this subdivision and shall be adjusted periodically to reflect the current prevailing wage for building service employees. The comptroller shall provide the city with sample written notices explaining the rights of building service employees and covered developers' or protected developers' obligations under this section, and the city shall in turn provide those written notices to covered developers and protected developers.
(5) The comptroller, the city or the city economic development entity may inspect the records maintained pursuant to paragraph 3 of this subdivision to verify the certifications submitted pursuant to paragraph 2 of this subdivision.
(6) The requirements of this section shall apply for the term of the financial assistance, for ten years from the date that the financially assisted project opens, or for the duration of any written agreement between a city agency or city economic development entity and a covered developer or protected developer providing for financial assistance, whichever is longer.
(7) The city shall maintain a list of covered developers that shall include, where a written agreement between a city agency or city economic development entity and a covered developer providing for financial assistance is targeted to particular real property, the address of each such property. Such list shall be updated and published as often as is necessary to keep it current.
d. Enforcement.
(1) The mayor or his or her designee shall promulgate implementing rules and regulations as appropriate and consistent with this section and may delegate such authority to the comptroller. Beginning twelve months after the enactment of the local law that added this section, the comptroller shall submit annual reports to the mayor and the city council summarizing and assessing the implementation and enforcement of this section during the preceding year.
(2) In addition to failure to comply with subdivisions b and c of this section, it shall be a violation of this section for any covered lessor, covered developer or protected developer to discriminate or retaliate against any building service employee who makes a claim that he or she is owed wages due as provided under this section or otherwise seeks information regarding, or enforcement of, this section.
(3) The comptroller shall monitor covered lessors', covered developers' and protected developers' compliance with the requirements of this section. Whenever the comptroller has reason to believe there has been a violation of this section, or upon a verified complaint in writing from a building service employee, a former building service employee, or a building service employee's representative claiming a violation of this section, the comptroller shall conduct an investigation to determine the facts relating thereto. At the start of such investigation, the comptroller may, in a manner consistent with the withholding procedures established by subdivision 2 of section 235 of the labor law, request that the relevant contracting agency or entity withhold any payment due to the covered lessor, covered developer or protected developer in order to safeguard the rights of the building service employees.
(4) The comptroller shall report the results of such investigation to the mayor or his or her designee, who shall, in accordance with the provisions of paragraph 6 of this subdivision and after providing the covered lessor, covered developer or protected developer an opportunity to cure any violations, where appropriate issue an order, determination, or other disposition, including, but not limited to, a stipulation of settlement. Such order, determination, or disposition may at the discretion of the mayor, or his or her designee, impose the following on the covered lessor, covered developer or protected developer committing the applicable violations: (i) direct payment of wages and/or the monetary equivalent of benefits wrongly denied, including interest from the date of the underpayment to the building service employee, based on the interest rate then in effect as prescribed by the superintendent of banks pursuant to section 14-a of the banking law, but in any event at a rate no less than six percent per year; (ii) direct payment of a further sum as a civil penalty in an amount not exceeding 25 percent of the total amount found to be due in violation of this section, except that in cases where a final disposition has been entered against a person in two instances within any consecutive six year period determining that such person has willfully failed to pay or to ensure the payment of the prevailing wages or protected wages in accordance with the provisions of this section or to comply with the anti-retaliation, recordkeeping, notice, or reporting requirements of this section, the mayor, or his or her designee, may impose a civil penalty in an amount not exceeding 50 percent of the total amount found to be due in violation of this section; (iii) direct the maintenance or disclosure of any records that were not maintained or disclosed as required by this section; (iv) direct the reinstatement of, or other appropriate relief for, any person found to have been subject to retaliation or discrimination in violation of this section; or (v) direct payment of the sums withheld at the commencement of the investigation and the interest that has accrued thereon to the covered lessor, covered developer or protected developer. In assessing an appropriate remedy, due consideration shall be given to the gravity of the violation, the history of previous violations, the good faith of the covered lessor, covered developer or protected developer, and the failure to comply with record-keeping, notice, reporting, or other non-wage requirements. Any civil penalty shall be deposited in the general fund.
(5) In addition to the provisions provided in subparagraph a of this paragraph, in the case of a covered developer, based upon the investigation provided in this paragraph, the comptroller shall also report the results of such investigation to the city economic development entity, which may impose a remedy as such entity deems appropriate as within its statutorily prescribed authority, including rescindment of the award of financial assistance.
(6) Before issuing an order, determination, or any other disposition, the mayor, or his or her designee, as applicable, shall give notice thereof, together with a copy of the complaint, which notice shall be served personally or by mail on any person affected thereby. The mayor, or his or her designee, as applicable, may negotiate an agreed upon stipulation of settlement or refer the matter to the office of administrative trials and hearings, or other appropriate agency or tribunal, for a hearing and disposition. Such person or covered lessor, covered developer or protected developer shall be notified of a hearing date by the office of administrative trials and hearings, or other appropriate agency or tribunal, and shall have the opportunity to be heard in respect to such matters.
(7) When a final disposition has been made in favor of a building service employee and the person found violating this section has failed to comply with the payment or other terms of the remedial order of the mayor, or his or her designee, as applicable, and provided that no proceeding for judicial review shall then be pending and the time for initiation of such proceeding has expired, the mayor, or his or her designee, as applicable, shall file a copy of such order containing the amount found to be due with the clerk of the county of residence or place of business of the person found to have violated this section, or of any principal or officer thereof who knowingly participated in the violation of this section. The filing of such order shall have the full force and effect of a judgment duly docketed in the office of such clerk. The order may be enforced by and in the name of the mayor, or his or her designee, as applicable, in the same manner and with like effect as that prescribed by the state civil practice law and rules for the enforcement of a money judgment.
(8) In an investigation conducted under the provisions of this section, the inquiry of the comptroller or mayor, or his or her designee, as applicable, shall not extend to work performed more than three years prior to the filing of the complaint, or the commencement of such investigation, whichever is earlier.
(9) The mayor, or an agency designated by the mayor shall promulgate a rule establishing a standard by which to calculate an increase in the rate of wages to account for any change in the cost of living and a standard by which to calculate any increase in the cost of benefits to account for changes in the cost of such benefits.
e. Civil action.
(1) Except as otherwise provided by law, any person claiming to be aggrieved by a violation of this section shall have a cause of action in any court of competent jurisdiction for damages, including punitive damages, and for injunctive relief and such other remedies as may be appropriate, unless such person has filed a complaint with the comptroller or the mayor with respect to such claim. In an action brought by a building service employee, if the court finds in favor of the employee, it shall award the employee, in addition to other relief, his/her reasonable attorneys' fees and costs.
(2) Notwithstanding any inconsistent provision of paragraph 1 of this subdivision where a complaint filed with the comptroller or the mayor is dismissed an aggrieved person shall maintain all rights to commence a civil action pursuant to this chapter as if no such complaint had been filed.
(3) A civil action commenced under this section shall be commenced in accordance with subdivision 2 of section 214 of New York civil practice law and rules,
(4) No procedure or remedy set forth in this section is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights hereunder in a court of law. This section shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination.
(5) Notwithstanding any inconsistent provision of this section or of, any other general, special or local law, ordinance, city charter or administrative code, a building service employee affected by this law shall not be barred from the right to recover the difference between the amount paid to the employee and the amount which should have been paid to the employee under the provisions of this section because of the prior receipt by the employee without protest of wages or benefits paid, or on account of the building service employee's failure to state orally or in writing upon any payroll or receipt which the employee is required to sign that the wages or benefits received by the employee are received under protest, or on account of the employee's failure to indicate a protest against the amount, or that the amount so paid does not constitute payment in full of wages or benefits due the employee for the period covered by such payment.
f. Application to existing leases. Nothing contained herein shall operate to impair any existing lease, except that extension, renewal, amendment or modification of such lease occurring on or after the enactment of the local law that added this section shall make the entire lease subject to the conditions specified in this section; provided however, in cases where a contracting agency has multiple leases at the same building with a non-governmental entity, the provisions of this section shall not apply until the lease covering the largest amount of square footage at such building is extended, renewed, amended, or modified.
g. Application to existing city development projects. The provisions of this section shall not apply to any written agreement between a city agency or city economic development entity and a covered developer providing for financial assistance executed prior to the enactment of the local law that added this section, except that extension, renewal, amendment or modification of such written agreement, occurring on or after the enactment of the local law that added this section that results in the grant of any additional financial assistance to the financial assistance recipient shall make the covered developer subject to the conditions specified in section.
h. Severability. In the event that any requirement or provision of this section, or its application to any person or circumstance, should be held invalid or unenforceable by an court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other requirements or provisions of this section, or the application of the requirement or provision held unenforceable to any other person or circumstance.
i. Competing laws. This section shall be liberally construed in favor of its purposes. Nothing in this section shall be construed as prohibiting or conflicting with any other obligation or law, including any collective bargaining agreement, that mandates the provision of higher or superior wages, benefits, or protections to covered employees. No requirement or provision of this section shall be construed as applying to any person or circumstance where such coverage would be preempted by federal or state law. However, in such circumstances, only those specific applications or provisions of this section for which coverage would be preempted shall be construed as not applying.
(Am. L.L. 2019/212, 12/4/2019, eff. 4/2/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/027 and L.L. 2019/212.
a. Definitions. For purposes of this section, the following terms have the following meanings:
Food procurement vendor. The term "food procurement vendor" means any vendor that enters into a contract with an agency to provide food-related services.
Food-related services. The term "food-related services" means any services where the principal purpose of the contract is the provision, preparation, handling, transportation, storage, or serving of food.
b. The mayor shall designate an agency or an office within the executive office of the mayor to establish guidelines relating to the amount of insurance or type of insurance a food procurement vendor must carry. Such agency or office shall establish such guidelines in consultation with the office of food policy, and shall provide a draft of any such guidelines or changes to such guidelines to the council at least 30 days prior to finalizing them.
c. Any solicitation by an agency for food-related services shall be consistent with the guidelines established pursuant to subdivision b of this section.
d. The agency or office designated by the mayor pursuant to subdivision b of this section shall review the guidelines established pursuant to such subdivision every two years and revise such guidelines in accordance with such review.
(L.L. 2024/106, 11/9/2024, eff. 3/9/2025)
a. No later than July first two thousand twelve, the mayor shall establish a public online searchable database on an official website of the city, that shall include summaries of the material terms of city contracts. Such contract summaries shall include, but not be limited to, the following categories of information, where applicable:
(1) the legal name of the contractor, franchisee or concessionaire where available, in accordance with applicable law;
(2) the dollar amount of the revised maximum expenditure authorized under each contract;
(3) the dollar amount of the original maximum expenditure authorized under each contract;
(4) a description in plain language of the scope of services to be provided pursuant to the contract;
(5) the starting and scheduled completion date of the contract;
(6) the name of the agency, elected official or the council that awarded the contract;
(7) the contract, franchise or concession and the contract registration number, if any, assigned by the comptroller;
(8) the date and reason for any modification or amendment of the contract;
(9) the percentage change from original contract amount;
(10) the award method;
(11) the contract type; and
(12) the contract category.
b. Except as otherwise provided, for the purposes of this section:
(1) "agency" shall mean 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, as defined in section eleven hundred fifty of the charter;
(2) "contract" shall mean and include any agreement between an agency, elected official or the council and a contractor, which has a value greater than the small purchase limit, as determined by the procurement policy board, pursuant to section three hundred fourteen of the charter;
(3) "contractor" shall mean and include any individual, sole proprietorship, partnership, joint venture or corporation who enters into a contract, as defined in paragraph two of this subdivision, with an agency, elected official or the council; and
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/005.
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
(1) "Contract" shall mean any written agreement, purchase order or instrument valued in excess of one hundred thousand dollars or more pursuant to which a contracting agency is committed to expend or does expend funds in return for work, labor, services, supplies, equipment, materials, or any combination of the foregoing, and shall include a subcontract between a contractor and a subcontractor.
(2) "Contracting agency" shall mean 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" shall mean a person or business entity who is a party to a contract with a contracting agency valued in excess of one hundred thousand dollars, and "subcontractor" shall mean a person or entity who is a party to a contract with a contractor valued in excess of one hundred thousand dollars.
b. Posting of information about reporting fraud, false claims, criminality or corruption. Every contractor or subcontractor having a contract valued in excess of one hundred thousand dollars or more shall post a notice, in a prominent and accessible place on any site where work pursuant to such contract or subcontract is performed, containing information about
(1) how its employees can report to the New York city department of investigation allegations of fraud, false claims, criminality or corruption arising out of or in connection with such contract or subcontract, and
c. Contract provisions. Every city contract or subcontract valued in excess of one hundred thousand dollars shall contain a provision detailing the requirements of this section. If a contracting agency determines that there has been a violation of this section, it shall take such action it deems appropriate consistent with the remedies available under the contract or subcontract.
d. Nothing in this section shall be construed to limit an agency's authority to cancel or terminate a contract, issue a non-responsibility finding, issue a non-responsiveness finding, deny a person or entity pre-qualification, or otherwise deny a contractor city business.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/030.
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