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a. For purposes of this section, the following terms shall have the following meanings:
"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.
"Contractor" means a person or entity who is a party to a contract with a contracting agency valued in excess of $100,000.
"Subcontractor" means a person or entity who is a party or a proposed party to a contract with a contractor valued in excess of $100,000.
"Department" means the department of small business services.
b. The department, in consultation with the city chief procurement officer, shall develop and make available to all contracting agencies a subcontractor resource guide. Such resource guide shall be in the form of a written document, using plain and simple language, which provides subcontractors with key information on city contracting. Such resource guide may include, but not be limited to, information about the rights of subcontractors with respect to payment by the contractor, available city services to assist subcontractors, and contact information for relevant city agencies. The department shall coordinate with the city chief procurement officer to update such resource guide as necessary and make such resource guide available on the website of the department.
c. Each contracting agency shall provide a link to the subcontractor resource guide published on the department's website, as appropriate.
d. The subcontractor resource guide shall serve as an informational document only and nothing in this section or in such document shall be construed to create a cause of action or privity of contract between the agency and the subcontractor, or to constitute a defense in any legal, administrative or other proceeding.
e. 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.
(L.L. 2018/077, 1/19/2018, eff. 7/18/2018)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Contractor. The term "contractor" has the meaning set forth in section 6-129.
Subcontractor. The term "subcontractor" means a person that has entered into an agreement with a contractor to provide services or perform work that is required pursuant to such contractor’s contract with an agency.
b. Where an agency denies a request from a contractor for final approval of a subcontractor, such contractor may request from such agency a written explanation of the reasons for such denial. At the time of denial, such agency shall notify such contractor of the process for requesting a written explanation. Such agency shall provide such contractor a written explanation of the reasons for denial within thirty days of receipt of such request from such contractor.
c. This section shall not apply to denials of requests for approval of subcontractors in connection with emergency procurements or small purchases.
(L.L. 2024/105, 11/9/2024, eff. 3/9/2025)
a. Definitions. For purposes of this section, the following terms shall have the following meanings:
(1) "Hurricane Sandy funds" means any federal funds, or local or state funds derived from federal funds, appropriated by Federal Public Law 113-2, an act making supplemental appropriations for the fiscal year September 30, 2013, to improve and streamline disaster assistance for Hurricane Sandy, that are administered or disbursed by the city and provided to a recipient in an amount exceeding one hundred thousand dollars to recover or rebuild from Hurricane Sandy.
(2) "Hurricane Sandy funded projects" means any construction, services, or programs, paid for, in whole or in part, with any Hurricane Sandy funds.
(3) "Recipient" means any person or entity, including any individual, sole proprietorship, partnership, association, joint venture, limited liability company, corporation or any other form of doing business, awarded Hurricane Sandy funds.
b. The City shall establish and maintain a public online searchable and interactive database on the website of the city that shall include summaries of the administration of Hurricane Sandy funds as set forth in this section. The data included in such database shall be available in a format that permits automated processing and shall be available without any registration requirement, license requirement or restrictions on their use, provided that the city may require a third party providing to the public any data from such database, or any application utilizing such data, to explicitly identify the source and version of the data, and a description of any modifications made to such data. The database shall include but not be limited to the following information:
(1) For each Hurricane Sandy funded project for construction, the name of the contractor, and subcontractor, if known, a detailed description of the Hurricane Sandy funded project, including, but not limited to, the physical address, block and lot numbers, estimated dates of start and completion, and purpose of the project in relation to the city's recovery and rebuilding efforts, the value and type of funding provided, including but not limited to grants, loans, contracts, or other such forms of financial assistance, the total number of jobs at the time of award of Hurricane Sandy funds, and the total number of additional jobs to be created and retained over the life of the Hurricane Sandy funded project. For Hurricane Sandy funded projects relating to the rebuilding or repairing of four or fewer residential units, data shall not include the physical address, block and lot numbers, site-specific dates of start and completion and the value and type of funding provided; any data provided for such projects shall be aggregated by zip code;
(2) For each executed city procurement contract associated with Hurricane Sandy funding, including, but not limited to, the name of the contract vendor, contract identification number, purpose of the contract, original contract value in dollars, revised contract value in dollars, if applicable, whether the bid was subject to public bidding, original contract start and end date, revised contract end date, if applicable, contract status, information on the contract recipient's qualification for receipt of Hurricane Sandy funds for a Hurricane Sandy funded project, and the total number and type of jobs to be expected to be created and retained over the life of the Hurricane Sandy funded project. For city procurement contracts related to the rebuilding or repairing of four or fewer residential units, data shall not include information on the contract recipient's qualification for receipt of Hurricane Sandy funds for a Hurricane Sandy funded project if the recipient is a homeowner, tenant or resident of the affected units; and
(3) For each grant or loan issuance associated with Hurricane Sandy funding, including, but not limited to the recipient name, the purpose of the grant or loan, the grant or loan award amount, whether the grant or loan was subject to a selective award process and the nature of that process, grant or loan name, award status, information on the grant or loan recipient's qualification for receipt of Hurricane Sandy funds for a Hurricane Sandy funded project, and the total number and type of jobs to be expected to be created and retained over the life of the Hurricane Sandy funded project. For grants or loans related to the rebuilding or repairing of four or fewer residential units, data shall not include the grant or loan recipient's name or information on the recipient's qualification for receipt of Hurricane Sandy funds for a Hurricane Sandy funded project if the recipient is a homeowner, tenant or resident of the affected unit, and other grant or loan data provided for grants or loans related to the rebuilding or repairing of four or fewer residential units shall be aggregated by zip code;
c. In addition to the provisions of subdivision b of this section, the website shall also include:
(1) the total number of jobs at the time of award of Hurricane Sandy funds and the total number of additional jobs to be created and retained in each Hurricane Sandy funding program (in the case of Community Development Block Grant assistance) or for each agency (in the case of Federal Emergency Management Agency), aggregated by zip code, based upon the best practicable methodology for calculating such number over the life of the Hurricane Sandy funded project, including the number of permanent full-time employees, the number of temporary full-time employees, the number of permanent part-time employees, the number of temporary part-time employees, and the total number of contract employees;
(2) the percentage of employees on Hurricane Sandy funded projects earning up to twenty thousand dollars per year; the percentage of employees on Hurricane Sandy funded projects earning more than twenty thousand dollars per year up to thirty-five thousand dollars per year; the percentage of employees on Hurricane Sandy funded projects earning more than thirty-five thousand dollars per year up to fifty thousand dollars per year; the percentage of employees on Hurricane Sandy funded projects earning more than fifty thousand dollars per year;
(3) the percentage of full-time employees on Hurricane Sandy funded projects and the percentage of part-time employees on Hurricane Sandy funded projects to whom their employers offer health benefits;
(4) the zip code of residence of employees on Hurricane Sandy funded projects and the zip code of the Hurricane Sandy funded project location on which the employee is employed, except that where the number of employees from one zip code is between one and five, the number of employees shall be replaced with a symbol;
(5) where the information is available, whether the recipient has, within the past ten years, been criminally convicted of any crime related to truthfulness or business conduct and the record of all sanctions imposed within the prior five years as a result of judicial or administrative disciplinary proceedings with respect to any professional licenses held by the recipient;
(6) where the information is available, whether the recipient participates in a union construction apprenticeship program and/or other local workforce development program, and, if any, the names of such programs;
(7) whether the recipient of Hurricane Sandy funds executed any legal documents subjecting any of the work to be done using such funds to the requirements of one or more prevailing wage laws;
(8) whether the Hurricane Sandy funded project is subject to and in compliance with Section 3 of the Housing & Urban Development Act of 1968; and
(9) a list of all contractors, and subcontractors performing work on the Hurricane Sandy funded project. The provisions of this subdivision shall not apply to projects, grants or loans related to the rebuilding or repairing of four or fewer residential units if the recipient is a homeowner, tenant or resident of an affected unit.
d. The provisions of this section shall not be construed to require the disclosure of information concerning contractors selected by recipients of Hurricane Sandy funds in relation to the rebuilding or repairing of four or fewer residential units where such recipients are homeowners, tenants or residents of affected units.
e. Notwithstanding the provisions of this section, the website required pursuant to this section shall not be used to distribute information which, if disclosed, would jeopardize compliance with local, state or federal law, threaten public health, welfare, or safety, or harm the competitive economic position of a party.
f. The public online database prescribed in subdivision b of this section shall be updated on a monthly basis.
g. This section shall not be construed to create a private right of action to enforce its provisions. Failure to comply with this section shall not result in liability for the city. The city shall not be deemed to warranty the completeness, accuracy, content or fitness for any particular purpose or use of any information provided by the city pursuant to this section, including but not limited to information provided to the city by a third party or information provided by the city that is based upon information provided by a third party.
(Renumbered L.L. 2020/076, 7/26/2020, eff. 10/24/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/140 and L.L. 2020/076.
a. Definitions. For purposes of this section, the following terms have the following meanings:
COVID-19. The term "COVID-19" means the 2019 novel coronavirus or 2019-nCoV.
COVID-19 expenditure. The term "COVID-19 expenditure" means any expense or capital expenditure by a city agency for services, goods or materials, programs or construction paid for, in whole or in part, with any COVID-19 funds, provided that such term shall only include personnel expenditures that are tracked as such for reimbursement.
COVID-19 funds. The term "COVID-19 funds" means any federal, state or local funds allocated to or expended by any city agency to provide assistance for responding to COVID-19, including, but not limited to, preventing the spread among the population, containing or treating COVID-19 or mitigating the direct or indirect effects of COVID-19.
Recipient. The term "recipient" means any person or entity, including any individual, sole proprietorship, public authority, partnership, association, joint venture, limited liability company, corporation or any other form of doing business, awarded COVID-19 funds.
b. 1. The mayor shall establish and maintain a public online searchable and interactive database on the website of the city that shall include summaries of the administration of COVID-19 funds as set forth in this section. The data included in such database shall be available in a format that permits automated processing and is downloadable, and shall be available without any registration requirement, license requirement or restrictions on their use, provided that the city may require a third party providing to the public any data from such database, or any application utilizing such data, to explicitly identify the source and version of the data, and a description of any modifications made to such data. The database shall include but not be limited to the following information, which shall, to the extent practicable, be disaggregated by federal, state and local COVID-19 funds, and, for federal funds, by the source of such funds:
(a) For each COVID-19 expense expenditure, where applicable, the administering agency, the unit of appropriation, the budget code, the amount submitted for reimbursement, the amount reimbursed and the source of reimbursement;
(b) For each COVID-19 capital expenditure, where applicable, the administering agency, the budget line, the project identification number, the project description, the amount submitted for reimbursement, the amount reimbursed and the source of reimbursement;
(c) For each executed city procurement contract funded in whole or in part by COVID-19 funds, the awarding agency, the unit of appropriation, the budget code, the name and address of the contractor and, if known, subcontractors, the contract identification number, the purpose of the contract, the original contract value in dollars and any applicable contract modification value in dollars, the contract award method, the contract type, the contract start and end date and any revised contract end date, the original contract registration date and the registration date of any applicable contract modification, the status of any contractor and, if known, subcontractor, as a minority and women-owned business enterprise, the contract status, to the extent practicable the amount spent to date on the contract and, if known, subcontracts, and information on the value of the contract and, if known, subcontracts, eligible for reimbursement from a COVID-19 funds award; and
(d) For each grant or loan issuance associated with COVID-19 funds, the awarding agency, the recipient name, the recipient's zip code, the grant or loan name, the purpose of the grant or loan, the grant or loan award amount, whether the grant or loan was subject to a selective award process and the nature of that process, the award status and information on the value of the grant or loan eligible for reimbursement from a COVID-19 funds award.
2. To the extent that the city is awarded funding from any federal appropriation related to COVID-19 that is not covered by paragraph 1 of subdivision b of this section, the database shall include the amount of such funds, disaggregated by source, and how such funds were allocated and expended by agency, unit of appropriation and budget code.
c. Notwithstanding any other provision of this section the database required by subdivision b of this section shall not be used to distribute information which, if disclosed, would jeopardize compliance with local, state or federal law, threaten public health, welfare, or safety, or harm the competitive economic position of a recipient.
d. The database prescribed in subdivision b of this section shall be updated each quarter within 30 days of the end of such quarter.
e. This section shall not be construed to create a private right of action to enforce its provisions. Failure to comply with this section shall not result in liability for the city. The city shall not be deemed to warranty the completeness, accuracy, content or fitness for any particular purpose or use of any information provided by the city pursuant to this section, including but not limited to information provided to the city by a third party or information provided by the city that is based upon information provided by a third party.
(L.L. 2020/076, 7/26/2020, eff. 10/24/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/076.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Building service employee. The term "building service employee" means any person, the majority of whose employment consists of performing work in connection with the care or maintenance of a building or property, 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 service contract. The term "city service contract" means any written agreement, except an emergency contract procured pursuant to the procedure set forth in section 315 of the charter, between any person and a contracting agency whereby:
1. a contracting agency is committed to expend or does expend funds;
2. the principal purpose of such agreement is to provide human services; and
3. the value of the agreement is greater than the city's small purchase limit set pursuant to section 314 of the charter.
City service contractor. The term "city service contractor" means any person that enters into a city service contract with a contracting agency. A person shall be deemed a city service contractor for the duration of the city service contract that such person enters into.
City service subcontractor. The term "city service subcontractor" means any person, including, but not limited to, a temporary services, staffing or employment agency or other similar entity, that pursuant to an agreement with a city service contractor, performs any of the services to be rendered pursuant to a city service contract, except that the term "city service subcontractor" shall not include any person who enters into a contract with a city service contractor the principle purpose of which is to provide supplies, or administrative services, technical support services, or any other similar services to such city service contractor that do not directly relate to the performance the human services to be rendered pursuant to such city service contract. A person shall be deemed a city service subcontractor for the duration of the period during which such person performs subcontracted services under the city service contract.
Comptroller. The term "comptroller" means the comptroller of the city.
Contracting agency. The term "contracting agency" means the city, a city agency, the city council, a county, a borough, or other office, position, administration, department, division, bureau, board, commission, corporation, or an institution or agency of government, the expenses of which are paid in whole or in part from the city treasury, or the department of education.
Covered employee. The term "covered employee" means an employee of a covered employer who directly renders human services in performance of a city service contract, except that the term "covered employee" shall not include any building service employee.
Covered employer. The term "covered employer" means a city service contractor or a city service subcontractor.
Human services. The term "human services" means social services contracted for by an agency on behalf of third party clients including but not limited to day care, foster care, home care, health or medical services, housing and shelter assistance, preventive services, youth services, the operation of senior centers, employment training and assistance, vocational and educational programs, legal services and recreation programs.
Labor organization. The term "labor organization" has the same meaning as set forth in subdivision (5) of section 152 of title 29 of the United States code.
Labor peace agreement. The term "labor peace agreement" means an agreement between a covered employer and a labor organization that seeks to represent employees who perform one or more classes of work to be performed pursuant to the city service contract, where such agreement:
1. requires that the covered employer and the labor organization and its members agree to the uninterrupted delivery of services to be rendered pursuant to the city service contract and to refrain from actions intended to or having the effect of interrupting such services; and
2. includes any other terms required by rules promulgated pursuant to paragraph 2 of subdivision d of this section.
b. 1. No later than 90 days after the award or renewal of a city service contract or approval of a city service subcontractor, such covered employer, shall either:
(a) submit an attestation to the applicable contracting agency, signed by one or more labor organizations, as applicable, stating that the covered employer has entered into one or more labor peace agreements with such labor organizations, and identify: (i) the classes of covered employees covered by the labor peace agreements, (ii) the classes of covered employees not currently represented by a labor organization and that no labor organization has sought to represent, and (iii) the classes of covered employees for which labor peace agreement negotiations have not yet concluded; or
(b) submit an attestation to the applicable contracting agency stating that the covered employer's covered employees are not currently represented by a labor organization and that no labor organization has sought to represent such covered employees.
2. Where a labor organization seeks to represent the covered employees of a covered employer after the expiration of the 90-day period following the award date of the city service contract or the approval of a city service subcontractor, and the labor organization has provided notice to the contracting agency and the covered employer regarding such interest, the covered employer shall then submit an attestation signed by the labor organization to the applicable contracting agency no later than 90 days after the date of notice stating that it has entered into a labor peace agreement with such labor organization or that labor peace agreement negotiations have not yet concluded.
c. 1. Prior to the award or renewal of a city service contract, the bidder or proposer seeking award or the city service contractor seeking renewal shall provide the awarding contracting agency a certification containing the following information:
(a) The name, address and telephone number of the chief executive officer of the bidder or proposer seeking award, or the city service contractor seeking renewal, as applicable;
(b) A statement that, if the city service contract is awarded or renewed, the bidder or proposer seeking award, or the city service contractor seeking renewal, as applicable, agrees to comply with the requirements of this section, and with all applicable federal, state and local laws; and
(c) A record of any instances during the preceding five years in which the bidder or proposer seeking award, or the city service contractor seeking renewal, as applicable, has been found by a court or government agency to have violated federal, state or local laws regulating labor relations, in which any government body initiated a judicial action, administrative proceeding or investigation of the bidder, proposer, or city service contractor in regard to such laws.
The certification shall be signed under penalty of perjury by an officer of the bidder, proposer, or city service contractor and shall be annexed to and form a part of the city service contract. The certification and the city service contract shall be public documents, and the contracting agency shall make such documents available to the public upon request for inspection and copying pursuant to article six of the public officers law.
2. A city service contractor shall each year throughout the term of the city service contract submit to the contracting agency an updated version of the certification required under paragraph one of this subdivision, and identify any changes from the previous certification.
d. 1. The comptroller shall monitor, investigate and audit the compliance by all contracting agencies, and provide covered employers and covered employees with the information and assistance necessary to ensure that the provisions of this section are implemented.
2. The mayor or the mayor's designee shall promulgate implementing rules and regulations, as appropriate and consistent with this section, and may delegate such authority to the comptroller.
3. The comptroller and the mayor shall ensure that the information set forth in the certifications required to be submitted under subdivision c of this section is integrated into and contained in the database established pursuant to subdivision b of section 6-116.2.
4. 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 and include such information in the report required pursuant to subdivision f of section 6-116.2.
e. 1. Contracting agencies shall comply with and enforce the requirements of this section.
2. The contracting agency shall state in the solicitation for each city service contract that the city service contract shall include:
(a) a requirement that the city service contractor comply with all applicable requirements under this section and any rules promulgated pursuant to this section, and that such requirements constitute a material term of the city service contract;
(b) the certification required under subdivision c of this section; and
(c) a provision providing that:
(i) Failure to comply with the requirements of this section may constitute a material breach by the city service contractor of the terms of the city service contract;
(ii) Such failure shall be determined by the contracting agency; and
(iii) If the city service contractor and/or subcontractor receives written notice of such a breach and fails to cure such breach within 30 days of such notice or a longer time period established pursuant to the terms of the city service contract, the city shall have the right to pursue any rights or remedies available under the terms of the city service contract or under applicable law, including termination of the contract.
f. 1. Whenever the comptroller has reason to believe that a covered employer or other person has not complied with the requirements of this section, or upon a verified complaint in writing from an interested party, the comptroller shall conduct an investigation to determine the facts relating thereto. Based upon such investigation, the comptroller shall report the results of such investigation to the contracting agency. Based on the contracting agency's own findings or as a result of the comptroller's investigation, the contracting agency may, where appropriate, issue an order, determination or other disposition. Such disposition may:
(a) Direct the filing or disclosure of any records that were not filed or made available to the public as required by this section;
(b) Direct payment of the sums withheld at the commencement of the investigation and the interest that has accrued thereon to the covered employer;
(c) Find the city service contractor to be in default or otherwise terminate the applicable city service contract;
(d) Withdraw approval of a city service subcontractor;
(e) Assess actual and consequential damages; or
(f) Enter an agreement with the city service contractor allowing the contractor to cure the violation.
In assessing an appropriate remedy, due consideration shall be given to the size of the covered employer's business, the covered employer's good faith, the gravity of the violation, the history of previous violations and the failure to comply with recordkeeping, reporting or other requirements.
2. Before issuing an order, determination or any other disposition, the contracting agency shall give notice thereof together with a statement of the facts disclosed upon investigation, which notice shall be served personally or by mail on any person or covered employer affected thereby. The mayor or contracting agency, as applicable, may negotiate an agreed upon stipulation of settlement or refer the matter to the office of administrative trials and hearings for a hearing and recommended disposition. Such covered employer shall be notified of a hearing date by the office of administrative trials and hearings and shall have the opportunity to be heard in respect to such matters.
3. When, pursuant to the provisions of this section, a final disposition has been entered against a covered employer in two instances within any consecutive six year period determining that such covered employer has failed to comply with the requirements of this section, such covered employer, and any principal or officer of such covered employer who knowingly participated in such failure, shall be ineligible to submit a bid or proposal on or be awarded any city service contract for a period of five years from the date of the second disposition.
4. Each city service contract shall provide that, in circumstances where a city service contractor fails to perform in accordance with any of the requirements of this section and there is a continued need for the service, a contracting agency may obtain from another source the required service as specified in the original city service contract, or any part thereof, may charge the non-performing city service contractor for any difference in price resulting from the alternative arrangements, may assess any administrative charge established by the contracting agency, and may, as appropriate, invoke such other sanctions as are available under the contract and applicable law.
(L.L. 2021/087, 8/18/2021, eff. 11/16/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/087.
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