US Laws, Codes, Statutes & Cases

 
    § 1304. Division of Economic and Financial Opportunity. 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  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.
    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 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  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;
    5.  to  annually  report  to the mayor and the council, as required by
  such local law, on  the  activities  of  the  division  and  efforts  by
  agencies to comply with the provisions of such local law;
    6.  a.  to establish and operate, on behalf of the city, a centralized
  program for the certification of minority owned business enterprises and
  women owned 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 permanent resident aliens  who  are  either  minority  group
  members  or  women, (ii) the ownership interest of such persons is real,
  substantial and continuing, and (iii) such persons have and exercise the
  authority to control independently the day to day business decisions  of
  the enterprise;
    c.  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.

    7.  to  audit such business enterprises and periodically review and in
  appropriate cases  recertify  their  eligibility  for  participation  in
  programs established pursuant to local law;
    8.  to  direct  and  assist city agencies in their efforts to increase
  participation by minority and women owned business  enterprises  in  any
  city-operated financial, technical, and management assistance program;
    9.  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;
    10. to prepare and  periodically  update  a  directory  of  such  city
  certified  business enterprises for use by city agencies and contractors
  and develop a clearinghouse of  information  on  programs  and  services
  available to such business enterprises; and
    11.  to  provide  such  assistance  to  certified 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.