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a. There shall be a waterfront management advisory board, which shall consist of one member from within the office of the mayor as designated by the mayor; the commissioner of small business services; the chairperson of the city planning commission; the commissioner of environmental protection; the commissioner of parks and recreation; the commissioner of housing preservation and development; two city council members to be designated by the speaker of the city council; nine members to be appointed by the mayor and nine members to be appointed by the speaker, provided that the mayor and the speaker each appoint at least one member from each borough. Appointed members shall include representatives of various organizations, industries and advocates interested in the industrial, commercial, residential, recreational or other use or development of the waterfront. The mayor, after consultation with the speaker, shall designate from among the ex officio members a chairperson. The mayor may designate additional members of the mayor's office or any mayoral agency as non-voting members of the board.
b. Appointed members of the board shall not hold any other public office or employment and shall be appointed for terms of three years without compensation, except that of the members first appointed, three mayoral and three speaker appointees shall be appointed for terms of one year, three mayoral and three speaker appointees shall be appointed for terms of two years and three mayoral and three speaker appointees shall be appointed for terms of three years. No appointed member may be removed other than for cause to be determined after a hearing before the office of administrative trials and hearings.
c. In the event of a vacancy on the board during the term of office of an appointed member, the officer that appointed such member shall appoint a successor to serve the balance of the unexpired term.
d. The ex officio and council members of the board may designate a representative who shall be counted as a member for the purpose of determining the existence of a quorum and who may vote on behalf of such member. The designation of a representative shall be made by a written notice of the ex officio or council member served upon the chairperson prior to the designee participating in any meeting of the board, but such designation may be rescinded or revised by the member at any time. The commissioner of small business services may designate as his or her representative the president of the economic development corporation or the designee of the president.
e. The board shall (i) hold at least one meeting every quarter; (ii) consult with and, upon request of the mayor or any city agency, advise the mayor or such agency on any matter relating to the industrial, commercial, residential, recreational or other use or development of wharves, waterfront property and waterfront infrastructure in the city, and on other matters as may be requested by the chairperson; (iii) create any committees or subcommittees consisting of at least one board member or their designated representative as the board deems appropriate to carry out the board's responsibilities, provided that there shall be a committee on recreational uses of the waterfront; (iv) invite, at the discretion of the chairperson, representatives of federal, state, or multi-state agencies, authorities or other instrumentalities to participate as non-voting members; (v) assist, upon request of the director of city planning, and provide advice in the drafting of the comprehensive waterfront plan pursuant to section 205 of the charter; (vi) prepare and submit reports to the mayor and speaker, when deemed appropriate by the chairperson, on any issue relating to the industrial, commercial, residential, recreational or other use or development of wharves, waterfront property and waterfront infrastructure in the city; and (vii) by January 31 of each year, issue a report to the mayor and speaker, and post on the website of the city, that describes each meeting held by the board and any other activities undertaken by the board for the immediately preceding year.
(Am. L.L. 2016/096, 8/31/2016, eff. 12/29/2016)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1991/061 and L.L. 2016/096.
There shall be a division of economic and financial opportunity within the department.
a. The purpose of the division shall be to enhance the ability of minority and women owned business enterprises and emerging business enterprises to compete for city contracts, to enhance city agencies' awareness of such business enterprises, and to ensure their meaningful participation in city procurement.
b. The commissioner shall administer, coordinate, and enforce a citywide program established by local law for the identification, recruitment, certification and participation in city procurement of minority and women owned business enterprises and emerging business enterprises.
c. The commissioner shall be authorized to promulgate rules necessary to implement the purposes of such local law. The commissioner shall consult with the procurement policy board in drafting and adopting such rules. Such rules shall define sanctions, consistent with local law, which are appropriate to remedy violations or penalize contractors for failure to comply with the provisions of local law or with any program or rule established pursuant to local law.
d. The commissioner shall monitor the implementation of all financial, technical, managerial, and bonding assistance programs operated by city agencies to enhance participation by minority and women owned business enterprises and emerging business enterprises in city procurement.
e. The commissioner shall have the following powers and duties to implement the purposes of this section:
1. to direct and assist agencies in their efforts to increase participation by minority and women owned business enterprises and emerging business enterprises as contractors and subcontractors in city procurement;
2. to develop standardized forms and reporting documents;
3. to conduct, coordinate and facilitate technical assistance and educational programs;
4. to periodically review the compliance of city agencies with the provisions of local law for the identification, recruitment, certification and participation in city procurement of minority and women owned business enterprises and emerging business enterprises;
5. reserved;
6. a. to establish and operate, on behalf of the city, a centralized program for the certification of minority owned business enterprises, women owned business enterprises and emerging business enterprises for the purposes of establishing the eligibility of such businesses for participation in the programs and processes established pursuant to local law to ensure their meaningful participation in city procurement.
b. For the purposes of such certification, "minority owned business enterprise" and "women owned business enterprise" shall mean business enterprises authorized to do business in this state, including sole proprietorships, partnerships and corporations, in which (i) at least fifty-one percent of the ownership interest is held by United States citizens or lawful permanent residents who are either minority group members or women; (ii) the ownership interest of such individuals is real, substantial and continuing; and (iii) such individuals have and exercise the authority to control independently the day to day business decisions of the enterprise;
c. For the purposes of such certification, "emerging business enterprise" shall mean a business enterprise authorized to do business in this state, including sole proprietorships, partnerships and corporations, in which (i) at least fifty-one percent of the ownership interest is held by United States citizens or lawful permanent resident; (ii) the ownership interest of such individuals is real, substantial and continuing; (iii) such individuals have and exercise the authority to control independently the day to day business decisions of the enterprise; and (iv) such individuals have demonstrated, in accordance with regulations promulgated by the commissioner, that they are socially and economically disadvantaged. An individual who is "socially and economically disadvantaged" shall mean an individual who has experienced social disadvantage in American society as a result of causes not common to individuals who are not socially disadvantaged, and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. An individual's race, national origin, or gender by itself, shall not qualify the individual as "socially disadvantaged." In drafting such regulations, the commissioner shall consider criteria developed for federal programs established to promote opportunities for businesses owned by individuals who are socially and economically disadvantaged, including criteria for determining initial and continued eligibility in relation to the net worth of individuals claiming to be economically disadvantaged, provided that the net worth of an individual claiming disadvantage pursuant to this section must be less than one million dollars. In determining such net worth, the department shall exclude the ownership interest in the business enterprise and the equity in the primary personal residence.
d. To be eligible for certification, a business enterprise shall have a real and substantial business presence in the market for the city of New York, as defined by the commissioner pursuant to local law.
e. The commissioner of small business services may provide by rule criteria and procedures for firms certified as minority owned businesses and women owned businesses by other governmental entities to be recognized as certified business enterprises by the city of New York.
7. to conduct site visits at business enterprises seeking certification, the basis for which shall be provided by rule, to verify that such business enterprises are eligible for certification;
8. to audit such certified business enterprises and periodically review and in appropriate cases recertify their eligibility for participation in programs established pursuant to local law;
9. to direct and assist city agencies in their efforts to increase participation by minority owned business enterprises, women owned business enterprises and emerging business enterprises in any city-operated financial, technical, and management assistance program;
10. to assist all business enterprises certified pursuant to this section in becoming prequalified for all categories of procurement for which they may be eligible and for which contracting agencies utilize prequalification in the procurement process;
11. to prepare, periodically update, and post on the website of the division a directory of such city certified business enterprises for use by city agencies and contractors, which shall include information for each such business enterprise, as applicable, including but not limited to: (i) identification of the market sector in which the business enterprise operates; (ii) the bonding capacity of the business enterprise; (iii) the contract price and specific tasks performed by the business enterprise for its last three contracts; (iv) the union affiliation, if any, of the certified business enterprise; and (v) the renewal date for certification;
12. to develop a clearinghouse of information on programs and services available to such business enterprises; and
13. to provide such assistance to business enterprises interested in being certified as is needed to ensure that such businesses benefit from city technical, managerial, and financial assistance, and other business development programs.
f. Responsibilities of the city agencies. The head of each city agency shall:
1. establish and implement reasonable measures and procedures to secure the meaningful participation of city certified business enterprises in the agency's (1) procurement of goods, services and construction and (2) financial, technical and managerial assistance programs for such business enterprises;
2. monitor all city contracts under the agency's jurisdiction for compliance with programs and policies established pursuant to local law, and refer and recommend appropriate matters to the division of economic and financial opportunity and the law department;
3. designate a deputy commissioner or other executive officer to advise the commissioner concerning the activities of the agency in carrying out its responsibilities pursuant to local law;
4. cooperate with and furnish to the division such information and assistance as may be required in the performance of the division's functions under this section and local law and the rules promulgated thereunder;
5. make available to prospective bidders a current copy of the directory of city certified businesses; and
6. periodically report to the division on activities undertaken to promote and increase participation by city-certified businesses in its procurement and any financial, technical, or management assistance program which it administers.
g. Small and locally-based business enterprises. In addition to the purposes provided in this section, the division of economic and financial opportunity, or such other bureau or division of the department as the commissioner may designate, shall administer any programs for small or locally-based business enterprise programs as may be established by law. The division of economic and financial opportunity or such other bureau or division shall, pursuant to applicable local laws, certify such enterprises as are eligible to participate in such programs, periodically review and recertify their eligibility, audit business enterprises that participate in such programs, and publish a directory of participating enterprises.
(Am. L.L. 2020/058, 6/29/2020, eff. 8/28/2020; Am. L.L. 2023/069, 5/29/2023, eff. 6/28/2023)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1991/061, L.L. 2005/129 and L.L. 2006/012.
There shall be a division of labor services within the department.
a. The commissioner shall administer the provisions of this section and enforce a citywide program to ensure that city contractors and subcontractors take appropriate action to ensure that women and minority group members are afforded equal employment opportunity, and that all persons are protected from discrimination prohibited under the provisions of federal, state and local laws and executive orders with regard to recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, rates of pay and other forms of compensation. The commissioner may request and shall receive from any contracting agency of the city such assistance as may be necessary to carry out the provisions of this section. "Minority group member" shall mean a United States citizen or lawful permanent resident who is a member of a racial or language minority group in New York city protected by the voting rights act of 1965, as amended, or such other groups as may be covered by rule of the agency.
b. The commissioner shall promulgate such rules as are necessary to implement the purposes of this section. The commissioner shall consult with the procurement policy board in drafting and adopting such rules.
c. The commissioner shall have the following powers and duties:
1. to implement, monitor compliance with, and enforce this section and programs established pursuant to local, state and federal law and executive order requiring contractors to provide equal employment opportunity;
2. to implement, monitor compliance with, and enforce on-the-job training requirements on construction projects;
3. to monitor compliance by contractors with state and federal prevailing wage requirements;
4. to advise and assist contractors, subcontractors and labor unions with respect to their obligations to provide equal employment opportunity;
5. to establish appropriate advisory committees;
6. to serve as a city liaison to federal, state and local agencies responsible for contractors' and subcontractors' compliance with equal employment opportunity; and
7. such other powers and duties as may be conferred on the division by law or executive order for the purpose of ensuring that persons or businesses which benefit from doing business with the city provide equal employment opportunity.
d. The commissioner shall develop appropriate language for inclusion in city contracts regarding the subject matter of this section. Such contract language shall be reviewed by the corporation counsel. Such contract language shall require that a contractor:
1. shall not discriminate against any individual in violation of any federal, state or local law;
2. shall inform any employee representatives authorized to bargain collectively for its employees of the contractor's obligations pursuant to this section, and negotiate with such representatives to obtain their cooperation in the implementation of such obligations;
3. shall require that any subcontractor it employs in the performance of the contract comply with the requirements of this section.
e. 1. The commissioner shall require employment reports to be submitted in such form and containing such information as the commissioner may prescribe, by contractors to whom agencies propose to award city contracts and their proposed subcontractors, when such contracts or subcontracts have a value above a monetary threshold that the commissioner shall by rule establish. The commissioner may by rule provide for appropriate exemptions from such requirements.
2. An employment report shall include, but not be limited to, employment practices, policies and procedures, including those related to preventing and addressing sexual harassment, statistics and collective bargaining agreements. The contracting agency shall transmit the employment report to the commissioner after the selection of a proposed contractor or subcontractor. The commissioner shall review all employment reports to determine whether such contractors and subcontractors are in compliance with the equal employment opportunity requirement of local, state and federal law and executive orders.
3. Except as provided in paragraphs 4, 5 and 6 of this subdivision, a contracting agency may award the contract or approve a subcontractor upon receiving the approval of the division, or after a number of days to be specified by rule have passed since it submitted the employment report of the proposed contractor to the division, whichever is sooner.
4. If the commissioner notifies the contracting agency that a proposed contractor or subcontractor has failed to submit a complete employment report, the commissioner shall require the contracting agency not to award the contract or approve the subcontractor until after a complete employment report has been submitted to the division for its review.
5. If the commissioner notifies the contracting agency that the division has reason to believe that the contractor or subcontractor is not in substantial compliance with the requirements of this section, the commissioner may require the contracting agency not to award the contract or approve the subcontractor until the contractor has agreed to take appropriate action to come into compliance with such requirements.
6. The commissioner may by rule provide for circumstances when a contract or subcontract may be awarded without the prior approval of the division, which shall include but not be limited to requirements contracts which may be awarded prior to the approval of an employment report, subject to the condition that a purchase shall not be made under the contract until the division has approved the employment report, emergency contracts, and contracts with contractors or subcontractors for which the division has previously approved an employment report.
7. The time schedules for actions required to be taken pursuant to this section shall be defined by rule of the procurement policy board in accordance with the provisions of section three hundred eleven.
f. Periodic review. The commissioner may require contractors or subcontractors to file periodic employment reports after the award of a contract in such form and with such frequency as the commissioner may direct by rule to determine whether such contractors or subcontractors are in compliance with applicable legal requirements and the provisions of this section.
g. Responsibilities of city agencies. The head of each city, county, borough or other office, position, administration, board, department, division, commission, bureau, corporation, authority, or other agency of government, where the majority of board members are appointed directly or indirectly by the mayor or serve by virtue of being city officers, or the expenses of which are paid in whole or in part from the city treasury, including the board of education, city and community colleges, the financial services corporation, the health and hospitals corporation, the public development corporation, school boards, and the city housing authority, shall:
1. assist the division in monitoring compliance with the equal employment opportunity requirements of contracts under its jurisdiction and refer and recommend matters to the division with respect to non-compliance with the provisions of this section;
2. designate a deputy commissioner or other executive officer to advise the commissioner concerning the activities and progress of the agency in carrying out its responsibilities pursuant to this section; and
3. in accordance with the provisions of section three hundred thirty-five, impose remedies and sanctions for failure to comply with the requirements included in city contracts pursuant to this section.
h. Enforcement, remedies and sanctions. Upon receiving a complaint or at its own instance, the commissioner 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, the commissioner 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 withholding of payment, imposition of an employment program, or other sanction or remedy provided by law or by contract, which the executive director 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.
i. Confidentiality. To the extent permitted by law and consistent with the proper discharge of the division's responsibilities under this section all information provided by a contractor to the division shall be confidential.
j. This section shall not apply:
1. to contracts for financial or other assistance between the city and a government or governmental agency;
2. to 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, except as otherwise provided by law or executive order; or
3. to employment by the city of its officers and employees which is subject to equal employment opportunity requirements of applicable law.
(Am. L.L. 2018/102, 5/9/2018, eff. 7/8/2018; Am. L.L. 2020/058, 6/29/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1991/061.
The commissioner or his or her designee shall serve as the director of the public utility service established by section 22-301 of the administrative code.
a. There shall be in the department small business advocates dedicated to helping business owners obtain appropriate services from the department and other city, state and federal agencies. The duties of such dedicated small business advocates shall include, but need not be limited to:
1. receiving requests for assistance from small businesses with respect to their interactions with the city, including, but not limited to, agency inspections, rules, adjudications of violations, technical assistance programs, workforce development programs, language access, and customer service;
2. taking appropriate action to resolve requests for assistance, including referring such requests to appropriate city, state and federal agencies; and
3. identifying opportunities for policy and program development to assist the small business sector and improve interactions between small businesses and city agencies.
b. The department shall conduct outreach and education targeted to small business owners and the general public related to the duties of such dedicated small business advocates and their role as a central point of contact for businesses seeking assistance from city agencies. Information indicating how to contact the small business advocates established pursuant to subdivision a of this section shall be prominently posted on the websites of relevant agencies. For purposes of this subdivision, relevant agencies shall include the department of buildings, the department of consumer and worker protection, the department of health and mental hygiene, the department of environmental protection, the department of sanitation, the bureau of fire prevention of the fire department and the department of small business services.
c. The department shall provide an initial written report to the council not later than April1, 2017, and a second report not later than April1, 2018, each documenting requests for assistance received by the small businesses advocates in the immediately preceding calendar year. Each report shall include, but need not be limited to: (i) the total number of requests for assistance received by the small business advocates during the reporting period; (ii) a general description of the type of each such request; and (iii) a general description of the actions taken by the small business advocates, if any, in response to each such request.
(L.L. 2015/066, 6/29/2015, eff. 9/27/2015; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2020/080.
a. For the purposes of this section:
Disconnected youth. The term "disconnected youth" means youth between the ages of 18 and 24 years, who are neither attending school nor employed.
b. The department shall administer a workforce development program for disconnected youth. The commissioner shall administer the provisions of this section to develop programs in consultation with the department of youth and community development to:
1. Identify obstacles impacting disconnected youth who seek the department's youth workforce development services, including but not limited to, issues related to transportation, child care, housing, health care and substance abuse, criminal justice, and language and cultural barriers;
2. Ensure that disconnected youth are connected with city agencies or community based organizations that will enable them to address those obstacles;
3. Develop and implement or connect disconnected youth with education programs that will encourage disconnected youth to explore opportunities to pursue a college degree or a technical or vocational career education;
4. Develop and implement a job training program, based on career progression, that offers sector based training for high growth industries including, but not limited to, construction, transportation, technology, industrial/manufacturing, and health care;
5. Connect disconnected youth with financial literacy education resources offered through the city's agencies and community based organizations;
6. Provide entrepreneurial skills training;
7. Connect disconnected youth with on-going follow-up services, such as adult mentoring, work-related peer support groups, additional education or career pathway development training, for at least 12 months after they complete the job training program and/or are connected to employment opportunities;
8. Provide information regarding the complete array of services offered by the department; and
9. Make available labor market and employment information about New York city's high demand industry sectors or occupations obtained from state or federal government agencies, as appropriate.
c. The department, with the assistance of the department of youth and community development, shall coordinate with the appropriate agencies, including but not limited to, the human resources administration, the department of education, the mayor's office, and community based organizations, to implement the provisions of this section.
(L.L. 2017/113, 7/22/2017, eff. 7/22/2017)
a. As used in this section, the following terms shall have the following meanings:
1. The term "mentoring program" means a program established pursuant to this section:
(i) to provide mentee businesses with the opportunity for up to four years, to compete for and, where awarded, to perform certain contracts designated for inclusion in the mentoring program, with the assistance of a competitively selected mentor firm that has extensive management and mentoring experience, with the mentor providing the mentee business with advice and assistance in competing for and managing contracts; and
(ii) to provide to a mentee business that the mentoring program agency has determined has successfully completed the program under subparagraph (i) of this paragraph, for up to four additional years: (A) additional opportunities to compete with other designated mentee businesses in the program for certain contracts to be designated for inclusion under this subparagraph and, where awarded, to perform such contracts, with the further assistance of a competitively selected mentor firm that has extensive management and mentoring experience, with the mentor providing the mentee with advice and technical assistance in competing for and managing contracts; and (B) assistance, as determined by the mentoring program agency, for such a mentee business to obtain bonding for contracts that are competitively awarded pursuant to any other provision of law.
2. The term "mentoring program agency" means an agency that has established a mentoring program pursuant to this section.
3. The term "mentoring program contract" means a contract designated by the mentoring program agency, in an estimated amount of not more than one million five hundred thousand dollars for contracts under subparagraph (i) of paragraph one of this subdivision and five million dollars for contracts under subparagraph (ii) of such paragraph, for which bids or proposals are to be invited and accepted only from businesses that are enrolled in a mentoring program and have been selected by the mentoring program to compete for the contract.
4. The term "small business" means a business that: is independently owned and operated; and has annual revenues that do not exceed an average of five million dollars for the three preceding fiscal years, as calculated at the end of each fiscal year, or such lesser amount as established by the mentoring program agency pursuant to this section.
b. Any agency may establish a mentoring program for small businesses in the construction trades.
c. Notwithstanding any other law, including section two thousand five hundred four of the insurance law, except as otherwise provided in subdivision g of this section, a mentoring program agency shall have the authority to:
1. Determine the criteria pursuant to which a small business shall be eligible for and selected as a mentee business participating in the components of its mentoring program, as set forth in subparagraphs (i) and (ii) of paragraph one of subdivision a of this section, the number of mentee businesses to participate in each such component of such a program, the criteria for the competitive selection of the firms that will provide mentoring services, and the assignment of a mentor to a specific mentee business;
2. Designate which eligible contracts shall be mentoring program contracts;
3. Establish standards for qualifying mentee businesses to compete for a mentoring program contract, consistent with subdivision d of this section;
4. Determine when bids or proposals for a mentoring program contract should be restricted to mentee businesses that, prior to the receipt of bids or proposals, have been qualified for such competition;
5. Competitively select, designate, and contract with one or more experienced firms that, under the general supervision of the mentoring program agency, will provide mentoring services to the mentee businesses, and assign such mentors to one or more designated mentee businesses;
6. Assist mentee businesses that have been awarded mentoring program contracts to obtain any surety bond or contract of insurance required of them in connection with such contract only; and
7. Provide mentee businesses technical assistance in obtaining bid, payment, and performance bonding for contracts that are not mentoring program contracts, for which such businesses are otherwise qualified.
d. If the total number of qualified mentee businesses that respond to a competition and are considered capable of meeting the specifications and terms of the invitation to compete is less than three, or if the mentoring program agency determines that acceptance of the best offer will result in the payment of an unreasonable price, the agency shall reject all offers and withdraw the designation of the contract as a mentoring program contract. If the agency withdraws the designation of such contract as a mentoring program contract, the mentee businesses, if any, that made offers shall be notified.
e. A mentor shall provide construction management services to a mentoring program agency in relation to a mentoring program contract and services and assistance to a mentee business, as designated by the mentoring program agency, including but not limited to the following:
1. providing business training in the skills necessary to operate a successful business and to compete for and perform a contract;
2. providing technical assistance to the mentee business to assess the outcome if the mentee business competes for but is not awarded a contract;
3. if the mentoring program contract is awarded to the mentee business, providing guidance, advice, and technical assistance to the mentee business in the performance of the contract; and
4. providing other technical assistance to the mentee business to facilitate learning, training, and resolution of other issues that may arise.
f. Except as provided in subdivision g of this section, any mentoring program agency may promulgate rules implementing the provisions of this section.
g. 1. Notwithstanding any other subdivision of this section, the mayor may authorize any office of the mayor or any department the head of which is appointed by the mayor to promulgate rules implementing the provisions of subparagraphs one, three, five, six and seven of paragraph one of subdivision c of this section; authorizing such office or department to exercise any power set forth under subparagraphs one, three, five, six and seven of paragraph one of subdivision c of this section; authorizing such office or department and the mentoring program agency to jointly manage the performance of any mentoring program contract, with the assistance of the mentor firm providing services pursuant to subdivision e of this section; or combining two or more mentoring programs, which may include the program established under section twelve hundred six of this charter, into a single centralized mentoring program, provided that no provision of this subdivision shall limit the authority of a mentoring program agency to exercise the authority set forth in subparagraph two or four of paragraph one of subdivision c or subdivision d of this section or otherwise limit an agency's authority to establish the specifications for a contract or to award a contract, and provided further that if the program established pursuant to section twelve hundred six of this charter is centralized pursuant to this subdivision, any such rules promulgated pursuant to this paragraph shall apply to such program.
2. If the mayor authorizes an office or department to promulgate rules combining two or more mentoring programs into a single centralized mentoring program pursuant to paragraph one of this subdivision:
(i) such office or department shall by rule establish a goal for the aggregate value of mentoring program contracts awarded by mentoring program agencies participating in such centralized program, which, to the extent consistent with the budget adopted pursuant to chapter ten of this charter, shall be calculated as follows:
(A) for the first full fiscal year following the establishment of such centralized program, fifteen million dollars in contract value; and
(B) for each year of such centralized program following the first full fiscal year of the centralized program, a goal that is twenty-five percent greater than the goal established pursuant to this subparagraph for the preceding year, provided that such annual goal shall not exceed one hundred fifty million dollars in aggregate contract value;
(ii) all mentees participating in a mentoring program that is combined into such centralized program shall be deemed selected for participation in such centralized program;
(iii) all mentees participating in a mentoring program established pursuant to section twelve hundred six of this charter that are small businesses shall be deemed selected for participation in such centralized program, provided that such program established pursuant to section twelve hundred six of this charter is designated as combined into the centralized mentoring program by a rule promulgated pursuant to paragraph one of this subdivision; and
(iv) all mentoring program contracts and contracts let pursuant to section twelve hundred six of this charter for which an invitation to compete is released prior to the effective date of rules promulgated pursuant to paragraph one of this subdivision shall not be subject to such rules.
h. Commencing on October first, two thousand twenty-four, the department shall submit an annual report to the governor, the temporary president of the senate, and the speaker of the assembly that contains the following information for the preceding city fiscal year:
1. the total number and total dollar value of mentoring program contracts from each mentoring program established under this section;
2. a brief description of (i) each project, (ii) agency compliance with mentoring program contract designation procedures, (iii) the type of assistance provided to obtain any surety bond or contract of insurance, and (iv) the type of technical assistance provided in obtaining a bid, payment, or performance bonding for mentoring program contracts from each mentoring program established under this section;
3. mentoring program participation rates;
4. the participation rate of and total dollar value of monies paid to businesses certified as minority or women-owned business enterprises or emerging business enterprises pursuant to section thirteen hundred four of this chapter or those certified as disadvantaged business enterprises pursuant to part twenty-six of title forty-nine of the code of federal regulations or any successor provisions; and
5. the degree to which a centralized mentoring program, established pursuant to subdivision g of this section, has achieved a goal established pursuant to such subdivision.
(2023 N.Y. Laws Ch. 604, 10/25/2023, eff. 2/22/2024)
Editor's note: Pursuant to 2023 N.Y. Laws Ch. 604, § 7, this section expires on February 22, 2034.