§ 1-11 Labor Compliance Conditions.
RCNY § 1-11
Each mortgagor or contractor performing rehabilitation work with proceeds of a mortgage loan under this program must agree that the following standards and requirements will be strictly complied with: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin or sexual orientation. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, national origin or sexual orientation. Such action will include, but not be limited to the following: employment, up-grading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this non-discrimination clause.
(b)The contractor will participate in an on-the-job training program in accordance with the Mayor's Executive Order No. 50 of 1980 as amended and the agreement dated December 10, 1970 with the New York Building and Construction Industry, Board of Urban Affairs Fund, and will enter into a contract with the Agency to implement such training program.
(c)To the extent that such preference is not inconsistent with the Executive Orders and the agreements referred to in subdivision (b) above, the contractor, including subcontractors within model cities, urban renewal and code enforcement areas will give a priority in hiring to persons living within the geographic neighborhood in which the work is being performed.
(d)The contractor will not subcontract any part of the work without prior written approval of the Agency. The Agency will not approve any subcontractor for work who is at the time ineligible because of violations of this 28 RCNY § 1-11 (Labor Compliance Conditions), inefficiency, abandonment of duties, or disregard for creditors on prior jobs performed under this program. Failure to comply with the provisions of this 28 RCNY § 1-11 will result in the Agency's withholding from the contractor any progress payments, in addition to exercising such other rights as may be reserved to the Agency in the loan documents, and forfeiture by the contractor of consideration for future work under this program.
(e)With every requisition for a progress payment or at such times as the Agency shall prescribe, the contractor shall submit to the Agency copies of his payroll report and of each of the subcontractors (it being understood that the contractor will be responsible for the submission of records of subcontractors). Such payroll report shall contain such items as prescribed by the Agency including, but not limited to, the name and address of each employee, his classification or trade, ethnic/racial origin, hourly rate of pay, deductions made, number of hours worked and actual wages paid for the work week.
(f)In order to assure strict compliance with this section and these rules and regulations, the books and records of the general contractor or tradesman and all subcontractors shall at all times be available to the agents or representatives of this Agency and the Agency reserves the right to interview or confer with any employee on a construction job or in the office of general contractor or tradesman or subcontractor, at any time, in order to determine such strict compliance. Failure to comply with this chapter shall be considered a breach of construction contract and may result, at the discretion of the Agency, in the removal of the general contractor, tradesman or subcontractor from the construction job and other penalties as the Agency might deem necessary to impose.
