N.Y.C. Admin. Code § L.L. 1996/079: L.L. 1996/079

Enactment date: 9/11/1996

Int. No. 793-A

By the Speaker (Council Member Vallone), Council Members Freed, Albanese, Robles, Spigner, McCaffrey, Pinkett, Duane, Fisher, The Public Advocate (Mr. Green), Council Members Clarke, Malave-Dilan, Eisland, Eldridge, Henry, Laslier, Michels, Miller, Powell IV, Stabile, Pagan and Wooten; also Council Members Cruz, DiBrienza, Fields, Foster, Koslowitz, Marshall, McCabe, O'Donovan, Robinson, Ruiz, Sabini, Watkins, White, Williams, Harrison, Linares, Povman, Warden, Weiner and Rosado

A Local Law to amend the administrative code of the city of New York, in relation to establishing a prevailing wage requirement in contracts for security, temporary, cleaning and food services funded through the city treasury

Be it enacted by the Council as follows:

Section 1. Declaration of Legislative Findings and Intent. The Council finds that in several areas in which the city contracts for services there appears to be a trend toward paying low wages. This problem appears to be most egregious in the areas of security, temporary, cleaning and food services. Although the Council recognizes that this situation exists in other areas as well, it is an important first step to concentrate on these four industries where the problem is most blatant.

The city spends over $3 billion annually on personal service contracts, including approximately $200 million spent annually to purchase security, temporary, cleaning and food services. It is vital that the city receive the greatest level of service and economic return for its contractual expenditures. The Council, therefore, finds that it is in the best interest of the city to require as a condition of every contract for security, temporary, cleaning and food services that the contractor or subcontractor pay persons employed under such contract the applicable prevailing wage in the industry.

Recognizing that the not-for-profit sector is uniquely instrumental in the provision of services to the city's most vulnerable populations, such organizations are exempt from the requirements of this legislation. This is consistent with the state constitution's recognition that institutions whose mission is charity cannot be treated in the same manner as those organizations whose mission is profit-making.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect immediately for all contracts for the provision of security and cleaning services, and shall only apply to contract solicitations issued after its effective date.

§ 4. This local law shall take effect one hundred eighty days after it shall be enacted into law for all contracts for temporary and food services, and shall only apply to contract solicitations issued after its effective date. Actions to effectuate the implementation of this local law as it applies to contracts for temporary and food services, including, but not limited to, establishing the prevailing wage rates for the following occupations found in the federal dictionary of occupational titles: secretary; word processing machine operator; data entry clerk; file clerk; general clerk; cafeteria attendant; counter attendant; cook; and kitchen helper, shall begin immediately.