2006 New York Code - Implementation.



 
    §  8-1008  Implementation.  a.  The  agency  shall  phase  in language
  assistance services for covered functions as follows:
    1. As of the first day of the twenty-fourth month after the  effective
  date  of  the  local  law  that  added this chapter, no less than 20% of
  covered functions provided by agency offices.
    2. As of the first day of the forty-eighth month after  the  effective
  date  of  the  local  law  that  added this chapter, no less than 40% of
  covered functions provided by agency offices.
    3. As of the first day of the sixtieth month after the effective  date
  of  the  local  law  that  added this chapter, 100% of covered functions
  provided by agency offices.
    b. Contractors.
    1. In all covered contracts entered into or renewed after  January  1,
  2005, the contractor shall certify that it shall make available language
  assistance  services  and  maintain  and  provide  access  to records as
  required by this chapter.
    2. Every covered contract  must  contain  a  provision  in  which  the
  contractor  acknowledges  that the following responsibilities constitute
  material terms of the contract:
    (a) to provide  language  assistance  services  as  required  by  this
  chapter;
    (b)  to  comply  with the recordkeeping requirements set forth in this
  chapter;
    (c) to provide the city access to  its  records  for  the  purpose  of
  audits  or investigations to ascertain compliance with the provisions of
  this section, to the extent permitted by law; and
    (d) to provide  evidence  to  the  city  that  the  contractor  is  in
  compliance with the provisions of this section, upon request.
    3.  If  an  agency  contractor  enters into a subcontract agreement to
  provide  any  benefits  or  services  under  a  covered  contract,  that
  subcontract  will  be considered a covered contract for purposes of this
  section and the provisions of this section will bind the  subcontractor.
  Each  contractor is required to include the contract provision set forth
  in paragraph 2 of this subdivision in any such subcontract agreement.
    c. Implementation plans. Within eight months of the effective date  of
  the local law that added this chapter, the agency and each other covered
  agency  shall develop an implementation plan that describes how and when
  the agency or other covered agency will meet the requirements imposed by
  this chapter. The agency and each other covered agency shall  publish  a
  copy of its implementation plan.
    d.  Implementation  updates  and annual reports. No later than 90 days
  after the end of  each  calendar  year  after  the  publication  of  the
  implementation  plan  and  before implementation is complete, the agency
  and each other covered agency shall publish  an  implementation  update.
  The implementation update shall describe steps taken over the prior year
  to  implement  the  requirements  of this chapter and shall describe any
  changes in the agency or other covered agency's  plan  for  implementing
  the  remaining  requirements  of  the  local law that added this chapter
  before the date  set  forth  in  subdivision  a  of  this  section.  The
  implementation  update  for every year after 2004 shall include a report
  on the number of limited English proficient people served, disaggregated
  by language and by agency office or other  covered  agency  office.  Not
  later  than  90  days after the end of each calendar year beginning with
  2008, the agency and each other covered agency shall publish  an  annual
  report on language assistance services. At a minimum, this annual report
  of  the  agency,  each  agency  contractor and each other covered agency
  shall set forth the  information  required  to  be  maintained  by  this
  chapter.

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