There is hereby established an Economic Opportunity and Nondiscrimination
Policy for the City of New Rochelle, applicable to City-awarded contracts
and specified economic development projects, as follows.
The City of New Rochelle finds and determines that contracts
awarded by the City, and economic development projects supported by
the City or benefiting from zoning enhancements, provide a crucial
opportunity for advancing City policy objectives, including targeting
employment and business opportunities. In addition, prohibiting barriers
to employment and invidious discrimination in City-supported contracts
and projects is an important goal of the City in its expenditures
and economic development activities.
The following terms shall have the following meanings in this
policy:
CITY
The City of New Rochelle.
CITY CONTRACT
A contract awarded by the City of New Rochelle, or a subcontract
thereunder.
CONSTRUCTION CONTRACTOR
A business performing construction work, or subcontracting
to another entity to perform construction work, in furtherance of
a City Contract or in construction of a Public-Private Project. "Construction
Contractor" includes Prime Contractors.
DEVELOPER
A developer of a Public-Private Project.
EMPLOYER
A business employing at least five individuals to work either
in fulfillment of a City Contract, or on-site within a Public-Private
Project. "Employer" does not include construction contractors.
FIRST SOURCE CENTER
A source designated by the City for prompt referral of qualified
and/or trained workers to Construction Contractors and Employers,
for purposes of this Policy.
M/WBE
A business concern that is at least 51% owned by one or more
individuals who are African American, Hispanic American, Native American,
Asian-Pacific American or Asian-Indian American, or female; and whose
management and daily business operations are controlled by one or
more of these owners.
PRIME CONTRACTOR
A Construction Contractor that is party to a City Contract,
or a prime contractor retained to perform construction work on a Public-Private
Project.
PUBLIC-PRIVATE PROJECT
A development project:
A.
That receives financial aid, assistance, or funding from the
City, including any public financing or contribution, such as loans,
loan guarantees, tax credits, tax abatements, or infrastructure construction;
B.
For which the City is transferring ownership of or leasing right
to occupy any real property, including rights-of-way or street vacation,
whether at or below market rate;
C.
For which the City is entering into a development agreement
or similar agreement;
D.
For which a developer has opted into the Downtown Overlay Zone;
or
E.
For which the City includes compliance with this Policy a term
or condition of a voluntarily negotiated agreement, requested discretionary
permit, or requested legislative action.
SUBSCRIBING EMPLOYER
A Construction Contractor that employs an apprentice in accordance
with the standards of apprenticeship through agreement with an apprenticeship
program registered with the New York State Department of Labor.
TARGETED WORKER
A qualified and/or trained worker referred to a Construction
Contractor or Employer by the First Source Center, either for the
currently available position, or for any position within the previous
12 months.
[Amended 11-21-2017 by Res. No. 229-2017]
A. Application. This Policy applies to and shall be incorporated into
all City Contracts and into contracts between the City and Developers
related to Public-Private Projects. When parties referenced in this
Policy engage subcontractors, tenants, and other parties to operate
in Public-Private Projects or as participants in fulfillment of City
Contracts, this Policy shall be incorporated by reference into relevant
contracts as a material term, enforceable by the City as a third-party
beneficiary.
B. Monitoring. All parties with responsibilities under this Policy agree
to provide information requested by the City as necessary to determine
compliance with this Policy. Developers, Prime Contractors, and Employers
shall provide annual public reports regarding compliance with this
Policy. The City shall make available to the public in electronic
format all such reports.
C. Enforcement. Developers, Construction Contractors, and Employers
are subject to liquidated damages in cases of noncompliance with this
Policy. The City Manager shall release a schedule of liquidated damages
pertaining to particular violations of this Policy. When this Policy
is included as a term of a contract, it incorporates by reference
the most recently released version of the liquidated damages schedule,
and any other Policy clarifications released by the City. Liquidated
damages shall be assessed by the City only in cases of sustained,
material noncompliance, and after notice and opportunity to correct.
Developers, Construction Contractors, and Employers also agree to
remedies of specific performance and other contractual or equitable
remedies related to compliance with this Policy. The liquidated damages
schedule shall contain procedures relating to notice and opportunity
to cure, and an appeals process in cases of assessment of liquidated
damages. The City Manager may revise the liquidated damages schedule
and other Policy clarifications over time, in light of implementation
experience, with the goal of fostering successful implementation of
this Policy without an adversarial or punitive approach.
D. Severability. If any provision of this Policy or any application
thereof to any person or circumstances is held invalid by final judgment
of any court of competent jurisdiction, such invalidity shall not
affect other provisions or application of this Policy, which can be
given effect without the invalid provision or application, and to
this end the provisions of this Policy are declared to be severable.
[Amended 11-21-2017 by Res. No. 229-2017]
The City and each Construction Contractor, Employer, and Developer
shall refrain from discrimination or harassment based on race, ethnicity,
national origin, gender, gender identity, sexual orientation, age,
religion, disability, veteran status, or any other basis prohibited
by law, in all activities in furtherance of or on site of work performed
in relation to a City Contract or a Public-Private Project. Such entities
shall take active steps to ensure that all activities related to City
Contracts and Public-Private Projects are conducted without discrimination
or harassment on these bases by all employees and representatives.