Int 0165-1998

Be it enacted by the Council as follows: Section 1. Chapter one of title six of the administrative code of the city of New York is hereby amended to add a new section 6-123 to read as follows: Section 6-123. Contractor human rights compliance. 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. (a) For purposes of this section only, the term "contract" shall include any city grant, loan, guarantee or other city assistance for a construction project. (b) The term "contract" shall not include: (i) contracts for financial or other assistance between the city and a government or government agency; or (ii) 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. (2) "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. (3) "Contractor" means a person who is a party or a proposed party to a contract with a contracting agency as those terms are defined herein. b. Every contract and all documents soliciting bids or proposals shall contain the following provisions: (1) The contractor will not engage in an unlawful discriminatory practice as defined in Title VIII of the administrative code, as to its work subject to the contract with the contracting agency. (2) Non-compliance. A finding by the human rights commission that a contractor has violated one or more of the city's human rights provisions as provided for in Title VIII of the administrative code, as to its work subject to the contract with the contracting agency, shall be considered by the city a material breach of the contract and the basis for determination by the awarding authority that the contractor is a non-responsible bidder as to all future contracts. c. The contractor shall include the provisions of paragraphs (1) and (2) of subdivision b in every first-level subcontract for supplies or services and for all levels of subcontracts for construction, in such a manner that such provisions will be binding upon each subcontractor or vendor. ?2. This local law shall take effect forty-five days after its adoption. LS#: 5135 1