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File #: Int 2124-2020    Version: * Name: Requiring a specification for hazard pay in solicitations for certain emergency procurements made during a state of emergency related to the outbreak of a communicable disease.
Type: Introduction Status: Committee
Committee: Committee on Contracts
On agenda: 10/15/2020
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring a specification for hazard pay in solicitations for certain emergency procurements made during a state of emergency related to the outbreak of a communicable disease
Sponsors: Public Advocate Jumaane Williams, Helen K. Rosenthal, Ben Kallos
Council Member Sponsors: 3
Summary: This bill would require city agencies to include a specification for hazard pay in solicitations for certain kinds of emergency procurements. Specifically, this bill covers solicitations for client services—for example, homeless and foster care services—that an agency makes during a state of emergency related to the outbreak of a communicable disease. Hazard pay would amount to time and one-half of a worker’s regular rate of pay and would be available only to those who must report for work in person during such state of emergency.
Attachments: 1. Summary of Int. No. 2124, 2. Int. No. 2124, 3. October 15, 2020 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 10-15-20, 5. Minutes of the Stated Meeting - October 15, 2020
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
10/15/2020*Public Advocate Jumaane Williams City Council Referred to Comm by Council  Action details Meeting details Not available
10/15/2020*Public Advocate Jumaane Williams City Council Introduced by Council  Action details Meeting details Not available

Int. No. 2124

 

By the Public Advocate (Mr. Williams) and Council Members Rosenthal and Kallos

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring a specification for hazard pay in solicitations for certain emergency procurements made during a state of emergency related to the outbreak of a communicable disease

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 1 of title 6 of the administrative code of the city of New York is amended by adding a new section 6-143 to read as follows:

§ 6-143 Hazard pay in solicitations for certain emergency procurements. a. Definitions. For the purposes of this section, the following terms have the following meanings:

Client services vendor. The term “client services vendor” means a program contracted for by the city on behalf of third-party clients, including a program to provide social services, health or medical services, housing and shelter assistance services, legal services, employment assistance services or vocational, educational or recreational programs.

Communicable disease. The term “communicable disease” means an illness caused by an infectious agent or its toxins that occurs through the direct or indirect transmission of the infectious agent or its products from an infected individual or via an animal, vector or the inanimate environment to a susceptible animal or human host.

Emergency procurement. The term “emergency procurement” means a procurement made pursuant to section 315 of the charter.

Essential entity. The term “essential entity” means an entity that is not subject to an in-person restriction issued during a state of emergency or public health emergency.

Essential worker. The term “essential worker” means any person employed or permitted to work in person at or for an essential entity. The term does not include any worker who is (i) covered by a collective bargaining agreement if such agreement expressly waives the provisions of this local law and provides comparable or superior benefits for essential workers, or (ii) covered by a program created pursuant to an emergency order issued by the governor that provides comparable or superior benefits for essential employees.

Hazard pay. The term “hazard pay” means a rate of pay, paid during a state of emergency or public health emergency, not less than time and one-half of a worker’s regular rate of pay.

Public health emergency. The term “public health emergency” means the period of time during which a declaration issued by the commissioner of health and mental hygiene, declaring a public health emergency pursuant to section 3.01 of the New York city health code, is in effect.

State of emergency. The term “state of emergency” means a period of time during which one or both of the following are in effect: (i) a proclamation issued by the mayor, declaring a local state of emergency pursuant to section 24 of the executive law; or (ii) an executive order issued by the governor, declaring a state disaster emergency and the city of New York, or some portion thereof, an affected area pursuant to section 28 of the executive law.

Vendor. The term “vendor” means an actual or potential contractor.

b. During a state of emergency or a public health emergency related to an outbreak of a communicable disease, any agency seeking an emergency procurement of a client services vendor shall include a specification in its solicitation for the provision of hazard pay to such vendor’s essential workers. 

§ 2. This local law takes effect immediately.

 

 

 

SG

LS #14562/14588

7/30/20