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ICAP

Industrial and Commercial Abatement

FINAL APPLICATION FOR CERTIFICATE OF ELIGIBIITY

7. EMPLOYMENT REPRESENTATIONS BY APPLICANT

The applicant and its successors represent and agree that, upon

10. Will include or cause to be included in all contracts in excess

the issuance of a certificate of eligibility for the project described in

of $1,000,000 or subcontracts for amounts in excess of

this application, they:

$750,000, entered into in connection with the project, the

following provision: in consideration for and as a condition

1. Will not discriminate against any employee or applicant for

of this contract, the contractor or subcontractor agrees that

employment on the basis of race, color, creed, national origin,

during its performance it: (this paragraph shall be followed by

sex, age, handicap, or marital status, sexual orientation,

paragraphs (1) through (10) of this subdivision in their entirety);

disablitiy, and citizenship status with respect to all employment

decisions, including, but not limited to, recruitment, hiring,

11. Will complete any hearings commenced by the Director of

upgrading, demotion, downgrading, transfer, training, rates of

the Division and comply with any direction of the Department,

pay or other forms of compensation, layoff, termination, and all

whether benefits have been granted or not;

other terms and conditions of employment in connection with

12. Will comply with any direction of the Department made

any work on the project;

pursuant to section 22.601 of the rules, including a direction:

2. Will not discriminate in the selection of contractors and sub-

(i) to terminate, suspend, cause to be terminated or suspended,

contractors on the basis of any owner’s, partner’s, associate’s,

or not award any contract between the applicant and a

or shareholder’s race, color, creed, national origin, sex, age,

contractor or between contractors and subcontractors upon a

handicap, or marital status, sexual orientation, disablitiy, and

finding that the contractor has failed to comply with the terms

citizenship status in connection with any work on the project;

of this application or has failed to conciliate with the Division;

(ii) to pay to the Department, applicant or contractor, an amount

3. Will state in all solicitations or advertisements for employees

equal to 3% of the highest estimate of construction costs as

placed by it or on its behalf in connection with any work on the

set forth in this application, upon a finding that the applicant

project, that all qualified applicants will receive consideration for

has failed to make a good faith effort to comply with the terms

employment without regard to race, color, creed, national origin,

of this application or has failed to make a good faith effort to

sex, age, handicap, marital status, sexual orientation, disablitiy,

conciliate with the Division, provided that such payment shall

and citizenship status, or that they are equal opportunity

be credited against any payment directed under subparagraph

employers;

(iii) of this paragraph; (iii) to pay to the Department, applicant or

4. Will send to each labor organization or representative of workers

contractor, an amount equal to 5% of the construction costs,

with which it has a collective bargaining agreement or other

as set forth in this application, upon finding that the applicant

contract or memorandum of understanding, written notification

has failed to comply with any direction of the Department or the

of their equal employment opportunity commitments in

Division; (iv) not to file for a period of five years any application

connection with any work on the project;

upon a finding that the applicant has willfully disregarded and

willfully failed to comply with any direction of the Department;

5. Will not award contracts or commence construction until the

(v) to implement an employment program of corrective action

submission of a completed employment report to the Division

imposed by the Director of the Division;

of Labor Services (hereafter, “Division”) and until the Division

approves or fails to respond within 15 business days of receipt

13. Understand, and will cause their contractors and

of a completed employment report;

subcontractors to understand, that in the event of their

6. Will permit the Division access to the project site and to all

noncompliance with the nondiscrimination clauses of this

books and records, and will file certified payroll records, including

application or contract or with Executive Order No 50 and

computer tapes, as required by the Division;

amendments or the rules or orders promulgated thereunder,

such noncompliance shall constitute a material breach of the

7. Will not engage in moving employees from one job site to

contract or application and noncompliance with such rule,

another in order to create the appearance of compliance with

regulation or order and with Executive Order No. 50 and

the rules or other applicable law, regulation or executive order

amendments. (b) The terms used in these representations shall

designed to ensure equal employment opportunity;

have the meanings given in the rules governing the program;

8. Will submit to the jurisdiction of the Division for the purpose

14. Will comply with the Minority and Women-Owned Business

of determining compliance with these representations and will

Enterprise (M/WBE) requirements in accordance with provisions

cooperate with the Division in attempting to cure any instances

under Local Law 67 of 2008 including, but not limited to (i)

of noncompliance with the equal employment opportunity

conducting outreach to M/WBEs that may be qualified to

requirements of Executive Order No. 50 and amendments which

perform contracting and subcontracting work on construction

the Division may find in connection with any work on the project;

projects, as outlined in the ICAP M/WBE Compliance Report

9. Will terminate, suspend, cause to be terminated or suspended,

submitted with the Preliminary Application for Certificate of

or not award any contract or subcontract entered into in

Eligibility, and (ii) keeping and maintaining detailed records, at

connection with the project described in the application with any

your place of business, of outreach activities to M/WBEs in

contractor or subcontractor subcontractor found by the Division

preparation for future audits of the program.

or the Department of Finance (hereafter, “Department”) to be in

violation of any provision of these representations;

6/28/2017

Industrial And Commercial Abatement Final Application For Certificate Of Eligibility - Nyc Department Of Finance Page 8

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