2006 New York Code - Enacted Without Section Heading.

 
    * §  6-124  a.  For purposes of this section only, the following terms
  shall have the following meanings:
    (1)  "Contract"  means  any  written  agreement,  purchase  order   or
  instrument  whereby the city is committed to expend or does expend funds
  in return for work, labor, services, supplies, equipment, materials,  or
  any combination of the foregoing.
    (2)  "Responsible manufacturer" means that the manufacturer of apparel
  and  textiles  is  able  to  demonstrate  current  compliance  with  all
  applicable  wage, health, labor, environmental and safety laws, building
  and fire codes and  any  laws  relating  to  discrimination  in  hiring,
  promotion  or  compensation  on  the basis of race, disability, national
  origin, gender, sexual orientation or affiliation  with  any  political,
  non-governmental  or  civic  group  except  when  federal  or  state law
  precludes the city from attaching the  procurement  conditions  provided
  herein.  A  responsible  manufacturer  for  the purposes of this section
  shall not engage in any abuse of its employees except where  federal  or
  state  law  precludes  the  city  from attaching the conditions provided
  herein. A responsible manufacturer for  the  purposes  of  this  section
  shall  pay  a non-poverty wage as defined herein, and shall not contract
  with any subcontractor operating in violation of any provision  of  this
  section.
    (3)    "Contracting   agency"   means   a   city,   county,   borough,
  administration, department, division, bureau, board or commission, or  a
  corporation,  institution  or  agency  of  government,  that  purchases,
  leases, or contracts for the purchase or  lease  of  goods  or  services
  financed  in  whole  or  in  part  from  the city treasury, except where
  partial federal or state funding precludes the city from  attaching  the
  procurement conditions provided herein.
    (4)  "Contractor"  means any supplier, by sale or lease, of apparel or
  textiles to a contracting agency, including suppliers  of  uniforms  for
  purchase  by  city  employees through any uniform or voucher system, and
  any provider of laundering or other services to a contracting agency for
  the cleansing, repair, or maintenance of apparel or textiles.
    (5) "Subcontractor" means any person or enterprise who contracts  with
  a   contractor,   either   directly   or   through   other  intermediary
  subcontractors, for the manufacture or supply in whole or in part or for
  the laundering or other servicing of apparel or textiles.  Subcontractor
  shall include beneficiaries of bankruptcies, assignment, transfer, sales
  of  operations,  or  other  successorship intended to evade liability or
  responsibility for any  of  the  wrongful  conduct  enumerated  in  this
  section.
    (6)  "Apparel  or  textiles" means all articles of clothing, cloth, or
  goods produced by weaving, knitting, or felting, or any similar goods.
    (7) "Non-poverty wage" means the nationwide  hourly  wage  and  health
  benefit level sufficient to raise a family of three out of poverty.
    (8)  "Relative national standard of living index" means a ratio of the
  standard of living in a given country to the standard of living  in  the
  United  States,  when  standard  of living is defined as real per capita
  income multiplied by the percentage of gross domestic product  used  for
  non-military consumption.
    (9) "Incentive pay" means any pay system contingent on performance.
    b.  A  contracting agency shall only enter into a contract to purchase
  or obtain for any purpose any apparel or  textiles  from  a  responsible
  manufacturer.  The  provisions  of  this  section  shall  apply to every
  contract in excess of $2,500.
    c. All contractors and subcontractors in the performance of a contract
  with a contracting agency shall pay their employees a non-poverty  wage.
  The  comptroller  shall  determine,  and,  if deemed necessary, annually


  adjust the precise level of the non-poverty wage, and shall ensure  that
  it  is  no  less than the level of wages and health benefits earned by a
  full-time worker that is sufficient to ensure that  a  family  of  three
  does  not  live  in  poverty  as  measured  by  the  nationwide  poverty
  guidelines issued annually by the United States department of health and
  human services in the federal register, and, in any event, no less  than
  $8.75  an  hour,  of  which  $7.50 must be paid in hourly wages; and, as
  applied to employees of contractors and subcontractors  outside  of  the
  United  States, a comparable nationwide wage and benefit level, adjusted
  to reflect that country's level of economic development using  a  factor
  such as the relative national standard of living index in order to raise
  a  family  of  three  out  of  poverty.  The  comptroller shall have the
  authority to promulgate such rules as deemed necessary for determining a
  non-property wage. For contractors or subcontractors that pay  employees
  on  an  incentive  pay basis, it shall be sufficient for the purposes of
  this section for the contractor or subcontractor to ensure that  average
  pay  for  the  lowest  paid  class  of  those  employees  engaged in the
  performance  of  a  contract  with  a  contracting  agency  exceeds  the
  non-poverty wage.
    d. A contracting agency shall not enter into a contract to purchase or
  obtain  for any purpose any apparel or textiles from a contractor unable
  to provide certified documentation in writing:
    (1) that such apparel and textiles are manufactured in accordance with
  the requirements that constitute responsibly manufactured as defined  in
  this section;
    (2)  listing  the  names  and  addresses  of  each subcontractor to be
  utilized in the performance of the contract;
    (3) listing each  manufacturing,  processing,  distributing,  storing,
  servicing, shipping or other facility or operation of the contractor and
  its  subcontractors for performance of the contract, and the location of
  each such facility;
    (4) listing the  wages  and  health  benefits  by  job  classification
  provided  to  all  employees engaged in the manufacture, distribution or
  servicing of apparel and textiles for contracting services at each  such
  facility.
    The  contracting  agency  must maintain this information in the agency
  contract  file  and  make  it  available  for  public  inspection.  Such
  information shall also be made available to the comptroller's office.
    e.  A  contracting  agency shall not contract for apparel and textiles
  with any contractor who does not agree to permit independent  monitoring
  at  the  request  of  the contracting agency or the comptroller of their
  compliance with the requirements of this section. The  contractor  shall
  be   responsible  for  ensuring  that  subcontractors  comply  with  the
  independent monitoring requirements  of  this  subdivision.  If  through
  independent   monitoring   it  is  determined  that  the  contractor  or
  subcontractor has failed to comply with the provisions of this  section,
  the  costs  associated with the independent monitoring to the city shall
  be reimbursed by the contractor or subcontractor.
    f. The comptroller shall collect and maintain  information  concerning
  the  city's  apparel  and  textile  contracts that have been awarded and
  shall ensure that the  information  listed  in  subdivision  d  of  this
  section  be  made  available  to the public. The comptroller shall allow
  interested third parties an opportunity to submit  information  relating
  to  the  apparel and textile industry and shall review and consider such
  submissions as they become available. In October of each year, beginning
  one year after the enactment of  this  section,  the  comptroller  shall
  submit  a  report  to  the  mayor  and  the  council  on the information
  collected pursuant to this subdivision.


    g. Upon information and belief that a contractor or subcontractor  may
  be  in  violation  of  this  section,  the comptroller shall review such
  information and offer the contractor or subcontractor an opportunity  to
  respond.  If  the  comptroller  finds  that a violation has occurred, it
  shall  present  evidence  of  such  violation to the contracting agency.
  Where such evidence indicates a  violation  of  the  subcontractor,  the
  contractor shall be responsible for such violation. It shall be the duty
  of  the contracting agency to take such action as may be appropriate and
  provided for by law, rule or contract, including, but  not  limited  to,
  imposing  sanctions,  seeking  compliance, recovering damages, declaring
  the contractor in default and/or seeking debarment or suspension of  the
  contractor  or  subcontractor.  In  circumstances  where a contractor or
  subcontractor  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  the  required  service  as
  specified  in  the  original contract, or any part thereof, by issuing a
  new  solicitation,  and  charging  the  non-performing   contractor   or
  subcontractor  for  any  difference  in  price  resulting  from  the new
  solicitation, any administrative charge established by  the  contracting
  agency,  and  shall,  as appropriate, invoke such other sanctions as are
  available under the contract and applicable law.
    h. A contractor shall be liable for a civil penalty of not  less  than
  $5,000  upon a determination that a contractor or subcontractor has been
  found, through litigation or arbitration, to have  made  a  false  claim
  under the provisions of this section with the contracting agency.
    i. Every contract for or on behalf of all contracting agencies for the
  supply  and service of textiles and apparel shall contain a provision or
  provisions detailing the requirements of this section.
    j. In an investigation conducted under the provisions of this section,
  the inquiry of the comptroller shall not extend to work  performed  more
  than  three  years  prior  to:  (i)  the  filing  of  a complaint of any
  provision of this section; or (ii) the commencement of the investigation
  of the comptroller's own volition, whichever is earlier.
    k. Notwithstanding any inconsistent provision of this law  or  of  any
  other   general,   special   or   local   law,   ordinance,  charter  or
  administrative code, an 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  because  of  the  prior  receipt  by  the employee without the
  protest of wages paid or on account of the employee's failure  to  state
  orally  or  in writing upon any payroll or receipt of which the employee
  is required to sign that the wages 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 due to the employee for  the  period
  covered by such payment.
    l.  The  requirements of this section shall be waived in writing under
  the following circumstances:
    (1) there is only one prospective contractor willing to enter  into  a
  contract,  where  it  is  determined  that all bidders to a contract are
  deemed ineligible for purposes of this section; or
    (2) where it is available from  a  sole  source  and  the  prospective
  contractor  is  not  currently disqualified from doing business with the
  city; or
    (3) the contract is necessary in order  to  respond  to  an  emergency
  which  endangers  the  public  health  and  safety  and  no entity which
  complies with the requirements of this section capable of responding  to
  the emergency is immediately available; or


    (4)  where inclusion or application of such provisions will violate or
  be inconsistent with the terms and conditions of a grant, subvention  or
  contract  of  the  United  States  government  or the instructions of an
  authorized representative of any such agency with respect  to  any  such
  grant, subvention or contract.
    m.  All  waivers  shall  become  part  of  the  contract  file  of the
  contracting agency. Notwithstanding any waiver, the  contracting  agency
  shall  take  every  reasonable measure to contract with a contractor who
  best satisfies the requirements of this section.
    n. This section shall not apply to any  contract  with  a  contracting
  agency  entered  into  prior  to  the  effective date of this local law,
  except  that  renewal,  amendment  or  modification  of  such   contract
  occurring  on  or  after  the  effective  date  shall  be subject to the
  conditions specified in this section.
    o. If any section,  subsection,  sentence,  clause,  phrase  or  other
  portion  of this local law is, for any reason, declared unconstitutional
  or invalid, in whole or in part, by any court of competent  jurisdiction
  such  portion shall be deemed severable, and such unconstitutionality or
  invalidity shall not affect the validity of the  remaining  portions  of
  this  law,  which  remaining  portions  shall continue in full force and
  effect.
    p. Nothing in this section shall be  construed  to  limit  the  city's
  authority  to  cancel or terminate a contract, deny or withdraw approval
  to perform a subcontract or provide supplies, issue a non-responsibility
  finding, issue a non-responsiveness finding, deny  a  person  or  entity
  pre-qualification, or otherwise deny a person or entity city business.
    * The  validity  of  local  law  20  of 2001 is currently a subject of
  disagreement between the Mayor and the City Council. This  certification
  is  not  intended as a legal opinion as to the validity of the local law
  other than certifying the truth of the facts presented herein.