§ 5-03 Demonstration of Best Efforts.
RCNY § 5-03
a. Standard. Where a Community Hiring Goal is not met, the Contractor must demonstrate to the Director, or Mayoral Agency, that the Contractor and its Subcontractor(s), if any, exercised best efforts to meet such goal. b. Factors Considered. To determine whether the Contractor or, if applicable, its Subcontractor(s), exercised best efforts, the Director, or Mayoral Agency, shall consider the degree to which the Contractor or Subcontractor(s) endeavored to: 1. review Community Hires’ qualifications, as applicable, in good faith; 2. advertise Employment Opportunities, as applicable, in a manner reasonably intended to attract qualified Community Hires, except that Contractors and Subcontractors performing Construction Work pursuant to a Project Labor Agreement shall not be required to advertise Employment Opportunities for Construction Work; 3. coordinate with Referral Sources or apprenticeship programs, as applicable, in order to employ such candidates identified by such Referral Sources or apprenticeship programs, provided that for the Contractors and Subcontractors performing Construction Work pursuant to a Project Labor Agreement, the Director shall only consider the degree to which the Contractor or Subcontractor has endeavored to meet such Community Hiring Goal by complying with the referral provisions of such Project Labor Agreement; 4. review and organize the work under the Transaction in order to eliminate obstacles to meeting such Community Hiring Goal; 5. monitor and document the Contractor’s and, if applicable, the Subcontractor’s efforts to meet the Community Hiring Goal; 6. contact the Office of Community Hiring and Workforce Development at routine intervals to inform the Director of the efforts to meet the Community Hiring Goal; and 7. take all other commercially reasonable actions to meet the Community Hiring Goal, including efforts to retain, support, and train the Community Hires in a manner that promotes the objectives of this title. c. Factors Not Considered. In exercising best efforts, neither the Contractor nor a Subcontractor is required to: 1. undertake an undue financial burden that is deemed to be excessive or unwarranted in view of factors including, but not limited to, the Contractor’s size and, financial resources, and the cumulative value of contracts held by such Contractor that are subject to Community Hiring Goals; 2. terminate or reduce the work levels of any of a Contractor’s or, if applicable, a Subcontractor’s existing employees; 3. extend an offer of employment to an individual whose labor would not be commercially useful in view of factors including, but not limited to, the skills, expertise, or licenses relevant to the Contractor’s work; 4. forgo filling Building Service Opportunities with Absorption Hires on Transactions for Building Service Work; or 5. forgo requesting, employing, or hiring any individuals or assigning individuals to perform Construction Work on Transactions for Construction Work in accordance with the terms of: (a) an agreement with a Union Referral System to which a Contractor or Subcontractor is a signatory; or (b) an agreement with a Referral Source for the sourcing of labor to which a Contractor or Subcontractor is a signatory, provided that such Contractor or Subcontractor demonstrates to the satisfaction of the Director that such agreement was entered into in furtherance of a bona fide interest in sourcing labor. (Added City Record 12/24/24, eff. 1/23/25)
