§ 1-16 Committee Approval of Different Procedures.
RCNY § 1-16
(a)No agency shall enter into a concession agreement other than through the processes set forth in 12 RCNY §§ 1-12, 1-13, 1-14, and 1-15 of this Chapter unless the Committee reviews and approves a different procedure. Agencies that wish to enter into Agreements such as Sole Source Concession Agreements or Program-based Concession Agreements must therefore obtain prior Committee approval of different procedures.
(b)Requests for approval of a different procedure shall be forwarded to the Committee and shall include: (1) A statement of the procedure for which approval is requested; (2) A summary of the terms and conditions of each concession involved; (3) An explanation of the reasons for not soliciting bids or proposals as set forth in 12 RCNY §§ 1-12 and 1-13, or for not entering into negotiations as set forth in 12 RCNY § 1-14; (4) A statement that each affected community board and Borough President has received written notice at least 40 days or less, at the discretion of CCPO, in advance of the Committee meeting that the Agency is seeking Committee approval of a different procedure, together with a listing of each community board and the date of such notification. Such notification shall also be simultaneously posted on the City’s website in a location accessible that is accessible by the public with its distribution. Such notification may be waived with the unanimous approval of the Committee upon a written statement from the Agency of the exigent circumstances; (5) A determination as to whether a concession is a significant and/or major concession, and a statement that each affected community board and Borough President has received written notice of this determination at least 40 days, or less, at the discretion of CCPO, in advance of the Committee meeting that the Agency is seeking Committee approval of a Different Procedure. Such notification shall also be posted to the City’s website in a location that is accessible by the public simultaneously with its distribution. If a concession is determined to be a major concession it shall be subject to review and approval pursuant to Sections 197-c and 197-d of the Charter following the agency selection of the successful concessionaire; and (6) All other relevant information.
(c)If the Committee approves a different procedure, the agency shall submit the concession agreement it proposes to enter into as a result of that procedure for prior approval by the Committee together with a completed PASSPort questionnaires when the concession has a value that when aggregated with the value of all other City concessions, franchises and contracts held by the same concessionaire is valued at $100,000 or more. Significant concession agreements shall be subject to the public hearing requirements set forth in 12 RCNY § 1-13(q). No concession agreement to be awarded by a different procedure shall go into effect until the Committee has approved it.
(d)Notwithstanding the foregoing, the Committee need not review awards of concessions that are not subject to renewal and have a term of less than 30 days.
(e)Program-based Concessions.
(1)"Program-Based Concessions" are those concessions which are part of a larger program or initiative for which an agency anticipates entering into multiple agreements for the provision of similar goods or services. For Program-based Concessions, the Committee need not approve the use of a different procedure, so long as the underlying program used to select the concessionaire has been approved by the FCRC per the requirements of 12 RCNY § 1-16(a) - (c).
(f)Accessibility.
