Common use of Introduction and General Provisions Clause in Contracts

Introduction and General Provisions. 1. The Earned Sick Time Act, also known as the Paid Sick Leave Law (“PSLL”), requires covered employees who annually perform more than 80 hours of work in New York City to be provided with paid sick time.2 Contractors of the City or of other governmental entities may be required to provide sick time pursuant to the PSLL. 2. The PSLL became effective on April 1, 2014, and is codified at Title 20, Chapter 8, of the Admin. Code. It is administered by the City’s Department of Consumer Affairs (“DCA”). DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“Rules”). 3. The Contractor agrees to comply in all respects with the PSLL and the Rules, and as amended, if applicable, in the performance of this Agreement. The Contractor further acknowledges that such compliance is a material term of this Agreement and that failure to comply with the PSLL in performance of this Agreement may result in its termination. 4. The Contractor must notify the ACCO in writing within 10 Days of receipt of a complaint (whether oral or written) regarding the PSLL involving the performance of this Agreement. Additionally, the Contractor must cooperate with DCA’s education efforts and must comply with DCA’s subpoenas and other document demands as set forth in the PSLL and Rules. 5. The PSLL is summarized below for the convenience of the Contractor. The Contractor is advised to review the PSLL and Rules in their entirety. On the website xxx.xxx.xxx/XxxxXxxxXxxxx there are links to the PSLL and the associated Rules as well as additional resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which the Contractor can get more information about how to comply with the PSLL. The Contractor acknowledges that it is responsible for compliance with the PSLL notwithstanding any inconsistent language contained herein.

Appears in 7 contracts

Samples: Service Agreement, Contract Agreement, Cleaning Services Agreement

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Introduction and General Provisions. 1. The Earned Sick Time Act, also known as the Paid Sick Leave Law (“PSLL”), requires covered employees who annually perform more than 80 hours of work in New York City to be provided with paid sick time.2 Contractors of the City or of other governmental entities may be required to provide sick time pursuant to the PSLL. 2 Pursuant to the PSLL, if fewer than five employees work for the same employer, as determined pursuant Admin. Code § 20-912(g), such employer has the option of providing such employees uncompensated sick time. 2. The PSLL became effective on April 1, 2014, and is codified at Title 20, Chapter 8, of the Admin. Code. It is administered by the City’s Department of Consumer Affairs (“DCA”). DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“Rules”). 3. The Contractor agrees to comply in all respects with the PSLL and the Rules, and as amended, if applicable, in the performance of this Agreement. The Contractor further acknowledges that such compliance is a material term of this Agreement and that failure to comply with the PSLL in performance of this Agreement may result in its termination. 4. The Contractor must notify the ACCO in writing within 10 Days of receipt of a complaint (whether oral or written) regarding the PSLL involving the performance of this Agreement. Additionally, the Contractor must cooperate with DCA’s education efforts and must comply with DCA’s subpoenas and other document demands as set forth in the PSLL and Rules. 5. The PSLL is summarized below for the convenience of the Contractor. The Contractor is advised to review the PSLL and Rules in their entirety. On the website xxx.xxx.xxx/XxxxXxxxXxxxx there are links to the PSLL and the associated Rules as well as additional resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which the Contractor can get more information about how to comply with the PSLL. The Contractor acknowledges that it is responsible for compliance with the PSLL notwithstanding any inconsistent language contained herein.

Appears in 2 contracts

Samples: Contract for Landscape Architecture Design Consultant Services, Agreement to Hire Equipment With Operators for Snow Removal Emergencies

Introduction and General Provisions. 1. The Earned Sick Time Act, also known as the Paid Sick Leave Law (“PSLL”), requires covered employees who annually perform more than 80 hours of work in New York City to be provided with paid sick time.2 time.1 Contractors of the City of New York or of other governmental entities may be required to provide sick time pursuant to the PSLL. 2. The PSLL became effective on April 1, 2014, and is codified at Title 20, Chapter 8, of the Admin. New York City Administrative Code. It is administered by the City’s Department of Consumer Affairs (“DCA”). ; DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“Rules”). 3. The Contractor agrees to comply in all respects with the PSLL and the Rules, and as amended, if applicable, in the performance of this Agreementagreement. The Contractor further acknowledges that such compliance is a material term of this Agreement agreement and that failure to comply with the PSLL in performance of this Agreement agreement may result in its termination. 4. The Contractor must notify the ACCO Agency Chief Contracting Officer of the City agency or other entity with whom it is contracting in writing within 10 Days ten (10) days of receipt of a complaint (whether oral or written) regarding the PSLL involving the performance of this Agreementagreement. Additionally, the Contractor must cooperate with DCA’s education efforts and must comply with DCA’s subpoenas and other document demands as set forth in the PSLL and Rules. 5. The PSLL is summarized below for the convenience of the Contractor. The Contractor is advised to review the PSLL and Rules in their entirety. On the website xxx.xxx.xxx/XxxxXxxxXxxxx there are links to the PSLL and the associated Rules as well as additional resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which the Contractor can get more information about how to comply with the PSLL. The Contractor acknowledges that it is responsible for compliance with the PSLL notwithstanding any inconsistent language contained herein. Pursuant to the PSLL and the Rules: Applicability, Accrual, and Use An employee who works within the City of New York for more than eighty hours in any consecutive 12-month period designated by the employer as its “calendar year” pursuant to the PSLL (“Year”) must be provided sick time. Employers must provide a minimum of one hour of sick time for every 30 hours worked by an employee and compensation for such sick time must 1 Pursuant to the PSLL, if fewer than five employees work for the same employer, as determined pursuant to New York City Administrative Code §20-912(g), such employer has the option of providing such employees uncompensated sick time. be provided at the greater of the employee’s regular hourly rate or the minimum wage. Employers are not required to provide more than forty hours of sick time to an employee in any Year. An employee has the right to determine how much sick time he or she will use, provided that employers may set a reasonable minimum increment for the use of sick time not to exceed four hours per day. In addition, an employee may carry over up to forty hours of unused sick time to the following Year, provided that no employer is required to allow the use of more than forty hours of sick time in a Year or carry over unused paid sick time if the employee is paid for such unused sick time and the employer provides the employee with at least the legally required amount of paid sick time for such employee for the immediately subsequent Year on the first day of such Year. An employee entitled to sick time pursuant to the PSLL may use sick time for any of the following: • such employee’s mental illness, physical illness, injury, or health condition or the care of such illness, injury, or condition or such employee’s need for medical diagnosis or preventive medical care; • such employee’s care of a family member (an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent, or the child or parent of an employee’s spouse or domestic partner) who has a mental illness, physical illness, injury or health condition or who has a need for medical diagnosis or preventive medical care; • closure of such employee’s place of business by order of a public official due to a public health emergency; or • such employee’s need to care for a child whose school or childcare provider has been closed due to a public health emergency. An employer must not require an employee, as a condition of taking sick time, to search for a replacement. However, an employer may require an employee to provide: reasonable notice of the need to use sick time; reasonable documentation that the use of sick time was needed for a reason above if for an absence of more than three consecutive work days; and/or written confirmation that an employee used sick time pursuant to the PSLL. However, an employer may not require documentation specifying the nature of a medical condition or otherwise require disclosure of the details of a medical condition as a condition of providing sick time and health information obtained solely due to an employee’s use of sick time pursuant to the PSLL must be treated by the employer as confidential. If an employer chooses to impose any permissible discretionary requirement as a condition of using sick time, it must provide to all employees a written policy containing those requirements, using a delivery method that reasonably ensures that employees receive the policy. If such employer has not provided its written policy, it may not deny sick time to an employee because of non-compliance with such a policy. Sick time to which an employee is entitled must be paid no later than the payday for the next regular payroll period beginning after the sick time was used.

Appears in 2 contracts

Samples: Invitation for Bids and Agreement, Closed Captioning Services Agreement

Introduction and General Provisions. 1. The Earned Safe and Sick Time ActAct (“ESSTA”), codified at Title 20, Chapter 8 of the New York City Administrative Code, also known as the Paid Safe and Sick Leave Law (“PSLL”), Law,” requires covered employees who annually perform more than 80 hours of work (as defined in Admin. Code § 20-912) in New York City (“City”) to be provided with paid safe and sick time.2 time. Contractors of the City or of other governmental entities may be required to provide safe and sick time pursuant to the PSLL. 2ESSTA. The PSLL became effective on April 1, 2014, and ESSTA is codified at Title 20, Chapter 8, of the Admin. Code. It is administered enforced by the City’s Department of Consumer Affairs and Worker Protection (“DCADCWP”), which has promulgated 6 RCNY §§ 7-101 and 201 et seq. DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“DCWP Rules”). 3. The Contractor agrees to comply in all respects with the PSLL ESSTA and the DCWP Rules, and as amended, if applicable, in the performance of this Agreementagreement. The Contractor further acknowledges that such compliance is a material term of this Agreement agreement and that failure to comply with the PSLL ESSTA in performance of this Agreement agreement may result in its termination. 4. The Contractor must notify (with a copy to DCWP at XxxxxxxxxxXxxxxxxxxx@xxxx.xxx.xxx) the ACCO Agency Chief Contracting Officer of the City Agency or other entity with whom it is contracting in writing within 10 Days days of receipt of a complaint (whether oral or written) or notice of investigation regarding the PSLL ESSTA involving the performance of this Agreementagreement. Additionally, the Contractor must cooperate with DCADCWP’s education efforts guidance and must comply with DCADCWP’s subpoenas subpoenas, requests for information, and other document demands as set forth in the PSLL ESSTA and the DCWP Rules. 5. More information is available at xxxxx://xxx0.xxx.xxx/site/dca/about/xxxx-xxxx-xxxxx-xxxx-xxxxxxxxx-xxxx-xx-xxxx.xxxx. Upon conclusion of a DCWP investigation, Contractor will receive a findings letter detailing any employee relief and civil penalties owed. Pursuant to the findings, Contractor will have the opportunity to settle any violations and cure the breach of this agreement caused by failure to comply with the ESSTA either i) without a trial by entering into a consent order or ii) appearing before an impartial judge at the City’s administrative tribunal. In addition to and notwithstanding any other rights and remedies available to the City, non-payment of relief and penalties owed pursuant to a consent order or final adjudication within 30 days of such consent order or final adjudication may result in the termination of this agreement without further opportunity to settle or cure the violations. The PSLL ESSTA is briefly summarized below for the convenience of the Contractor. The Contractor is advised to review the PSLL ESSTA and the DCWP Rules in their entirety. On the website The Contractor may go to xxx.xxx.xxx/XxxxXxxxXxxxx there are links to the PSLL and the associated Rules as well as additional for resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which the Contractor can get more information about how to comply with the PSLLESSTA and the DCWP Rules. The Contractor acknowledges that it is responsible for compliance with the PSLL ESSTA and the DCWP Rules notwithstanding any inconsistent language contained herein. An employee who works within the City must be provided paid safe and sick time.1 Employers with one hundred or more employees are required to provide 56 hours of safe and sick time for an employee each calendar year. Employers with fewer than one hundred employees are required to provide 40 hours of sick leave each calendar year. Employers must provide a minimum of one hour of safe and sick time for every 30 hours worked by an employee and compensation for such safe and sick time must be provided at the greater of the employee’s regular hourly rate or the minimum wage at the time the paid safe or sick time is taken. Employers are not discouraged or prohibited from providing more generous safe and sick time policies than what the ESSTA requires. Employees have the right to determine how much safe and sick time they will use, provided that an employer may set a reasonable minimum increment for the use of safe and sick time not to exceed four hours per day. For the use of safe time or sick time beyond the set minimum increment, an employer may set fixed periods of up to thirty minutes beyond the minimum increment. In addition, an employee may carry over up to 40 or 56 hours of unused safe and sick time to the following calendar year, provided that no employer is required to carry over unused paid safe and sick time if the employee is paid for such unused safe and sick time and the employer provides the employee with at least the legally required amount of paid safe and sick time for such employee for the immediately subsequent calendar year on the first day of such calendar year. An employee entitled to safe and sick time pursuant to the ESSTA may use safe and sick time for any of the following: such employee’s mental illness, physical illness, injury, or health condition or the care of such illness, injury, or condition or such employee’s need for medical diagnosis or preventive medical care; such employee’s care of a family member (an employee’s child, spouse, domestic partner, parent, sibling, grandchild, or grandparent, the child or parent of an employee’s spouse or domestic partner, any other individual related by blood to the employee, and any other individual whose close association with the employee is the equivalent of a family relationship) who has a mental illness, physical illness, injury or health condition or who has a need for medical diagnosis or preventive medical care; 1 Pursuant to the ESSTA, if fewer than five employees work for the same employer, and the employer had a net income of less than one million dollars during the previous tax year, such employer has the option of providing such employees uncompensated safe and sick time. closure of such employee’s place of business by order of a public official due to a public health emergency; such employee’s need to care for a child whose school or childcare provider has been closed due to a public health emergency; or when the employee or a family member has been the victim of a family offense matter, sexual offense, stalking, or human trafficking: to obtain services from a domestic violence shelter, rape crisis center, or other shelter or services program for relief from a family offense matter, sexual offense, stalking, or human trafficking; to participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members from future family offense matters, sexual offenses, stalking, or human trafficking; to meet with a civil attorney or other social service provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding, including but not limited to, matters related to a family offense matter, sexual offense, stalking, human trafficking, custody, visitation, matrimonial issues, orders of protection, immigration, housing, discrimination in employment, housing or consumer credit; to file a complaint or domestic incident report with law enforcement; to meet with a district attorney’s office; to enroll children in a new school; or to take other actions necessary to maintain, improve, or restore the physical, psychological, or economic, health or safety of the employee or the employee’s family member or to protect those who associate or work with the employee. An employer must not require an employee, as a condition of taking safe and sick time, to search for a replacement. However, where the employee’s need for safe and sick time is foreseeable, an employer may require an employee to provide reasonable notice of the need to use safe and sick time. For an absence of more than three consecutive work days, an employer may require reasonable documentation that the use of safe and sick time was needed for a reason listed in Admin. Code § 20-914; and/or written confirmation that an employee used safe and sick time pursuant to the ESSTA. However, an employer may not require documentation specifying the nature of a medical condition, require disclosure of the details of a medical condition, or require disclosure of the details of a family offense matter, sexual offense, stalking, or human trafficking, as a condition of providing safe and sick time. Health information and information concerning family offenses, sexual offenses, stalking or human trafficking obtained solely due to an employee’s use of safe and sick time pursuant to the ESSTA must be treated by the employer as confidential. An employer must reimburse an employee for all reasonable costs or expenses incurred in obtaining such documentation for the employer. An employer must provide to all employees a written policy explaining its method of calculating sick time, policies regarding the use of safe and sick time (including any permissible discretionary conditions on use), and policies regarding carry-over of unused time at the end of the year, among other topics. It must provide the policy to employees using a delivery method that reasonably ensures that employees receive the policy. If such employer has not provided its written policy, it may not deny safe and sick time to an employee because of non-compliance with such a policy. An employer must provide a pay statement or other form of written documentation that informs the employee of the amount of safe/sick time accrued and used during the relevant pay period and the total balance of the employee’s accrued safe/sick time available for use. Safe and sick time to which an employee is entitled must be paid no later than the payday for the next regular payroll period beginning after the safe and sick time was used.

Appears in 2 contracts

Samples: Funding Agreement, Funding Agreement

Introduction and General Provisions. 1. The Earned Sick Time Act, also known as the Paid Sick Leave Law (“PSLL”), requires covered employees who annually perform more than 80 hours of work in New York City to be provided with paid sick time.2 Contractors time.1 Awardees of the City or of other governmental entities may be required to provide sick time pursuant to the PSLL. 2. The PSLL became effective on April 1, 2014, and is codified at Title 20, Chapter 8, of the Admin. Code. It is administered by the City’s Department of Consumer Affairs (“DCA”). DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“Rules”). 3. The Contractor Awardee agrees to comply in all respects with the PSLL and the Rules, and as amended, if applicable, in the performance of this Agreement. The Contractor Awardee further acknowledges that such compliance is a material term of this Agreement and that failure to comply with the PSLL in performance of this Agreement may result in its termination. 4. The Contractor Awardee must notify the ACCO in writing within 10 Days of receipt of a complaint (whether oral or written) regarding the PSLL involving the performance of this Agreement. Additionally, the Contractor Awardee must cooperate with DCA’s education efforts and must comply with DCA’s subpoenas and other document demands as set forth in the PSLL and Rules. 5. The PSLL is summarized below for the convenience of the ContractorAwardee. The Contractor Awardee is advised to review the PSLL and Rules in their entirety. On the website xxx.xxx.xxx/XxxxXxxxXxxxx there are links to the PSLL and the associated Rules as well as additional resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which the Contractor Awardee can get more information about how to comply with the PSLL. The Contractor Awardee acknowledges that it is responsible for compliance with the PSLL notwithstanding any inconsistent language contained herein.

Appears in 1 contract

Samples: Commercial Waste Zones Award Agreement

Introduction and General Provisions. 1. The Earned Safe and Sick Time ActAct (“ESSTA”), codified at Title 20, Chapter 8 of the New York City Administrative Code, also known as the Paid Safe and Sick Leave Law (“PSLL”), Law,” requires covered employees who annually perform more than 80 hours of work (as defined in Admin. Code § 20-912) in New York City (“City”) to be provided with paid safe and sick time.2 Contractors time. Concessionaires of the City or of other governmental entities may be required to provide safe and sick time pursuant to the PSLL. 2ESSTA. The PSLL became effective on April 1, 2014, and ESSTA is codified at Title 20, Chapter 8, of the Admin. Code. It is administered enforced by the City’s Department of Consumer Affairs and Worker Protection (“DCADCWP”), which has promulgated 6 RCNY §§ 7-101 and 201 et seq. DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“DCWP Rules”). 32. The Contractor Concessionaire agrees to comply in all respects with the PSLL ESSTA and the DCWP Rules, and as amended, if applicable, in the performance of this Agreementagreement. The Contractor Concessionaire further acknowledges that such compliance is a material term of this Agreement agreement and that failure to comply with the PSLL ESSTA in performance of this Agreement agreement may result in its termination. 43. The Contractor Concessionaire must notify (with a copy to DCWP at XxxxxxxxxxXxxxxxxxxx@xxxx.xxx.xxx) the ACCO Concession Manager in writing within 10 Days days of receipt of a complaint (whether oral or written) or notice of investigation regarding the PSLL ESSTA involving the performance of this Agreementagreement. Additionally, the Contractor Concessionaire must cooperate with DCADCWP’s education efforts guidance and must comply with DCADCWP’s subpoenas subpoenas, requests for information, and other document demands as set forth in the PSLL ESSTA and the DCWP Rules. More information is available at xxxxx://xxx0.xxx.xxx/site/dca/about/paid-sick-leave-what-employers-need-to- xxxx.xxxx. 4. Upon conclusion of a DCWP investigation, Concessionaire will receive a findings letter detailing any employee relief and civil penalties owed. Pursuant to the findings, Concessionaire will have the opportunity to settle any violations and cure the breach of this agreement caused by failure to comply with the ESSTA either i) without a trial by entering into a consent order or ii) appearing before an impartial judge at the City’s administrative tribunal. In addition to and notwithstanding any other rights and remedies available to the City, non-payment of relief and penalties owed pursuant to a consent order or final adjudication within 30 days of such consent order or final adjudication may result in the termination of this agreement without further opportunity to settle or cure the violations. 5. The PSLL ESSTA is briefly summarized below for the convenience of the ContractorConcessionaire. The Contractor Concessionaire is advised to review the PSLL ESSTA and the DCWP Rules in their entirety. On the website The Concessionaire may go to xxx.xxx.xxx/XxxxXxxxXxxxx there are links to the PSLL and the associated Rules as well as additional for resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which the Contractor Concessionaire can get more information about how to comply with the PSLLESSTA and the DCWP Rules. The Contractor Concessionaire acknowledges that it is responsible for compliance with the PSLL ESSTA and the DCWP Rules notwithstanding any inconsistent language contained herein.

Appears in 1 contract

Samples: Interim Concession Agreement

Introduction and General Provisions. 1. The Earned Safe and Sick Time ActAct (“ESSTA”), codified at Title 20, Chapter 8 of the New York City Administrative Code, also known as the Paid Safe and Sick Leave Law (“PSLL”), Law,” requires covered employees who annually perform more than 80 hours of work (as defined in Admin. Code § 20-912) in New York City (“City”) to be provided with paid safe and sick time.2 time. Contractors of the City or of other governmental entities may be required to provide safe and sick time pursuant to the PSLL. 2ESSTA. The PSLL became effective on April 1, 2014, and ESSTA is codified at Title 20, Chapter 8, of the Admin. Code. It is administered enforced by the City’s Department of Consumer Affairs and Worker Protection (“DCADCWP”), which has promulgated 6 RCNY §§ 7-101 and 201 et seq. DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“DCWP Rules”). 3. The Contractor agrees to comply in all respects with the PSLL ESSTA and the DCWP Rules, and as amended, if applicable, in the performance of this Agreementagreement. The Contractor further acknowledges that such compliance is a material term of this Agreement agreement and that failure to comply with the PSLL ESSTA in performance of this Agreement agreement may result in its termination. 4. The Contractor must notify (with a copy to DCWP at XxxxxxxxxxXxxxxxxxxx@xxxx.xxx.xxx) the ACCO Agency Chief Contracting Officer of the City Agency or other entity with whom it is contracting in writing within 10 Days days of receipt of a complaint (whether oral or written) or notice of investigation regarding the PSLL ESSTA involving the performance of this Agreementagreement. Additionally, the Contractor must cooperate with DCADCWP’s education efforts guidance and must comply with DCADCWP’s subpoenas subpoenas, requests for information, and other document demands as set forth in the PSLL ESSTA and the DCWP Rules. 5. More information is available at xxxxx://xxx0.xxx.xxx/site/dca/about/xxxx-xxxx-xxxxx-xxxx-xxxxxxxxx-xxxx-xx-xxxx.xxxx. Upon conclusion of a DCWP investigation, Contractor will receive a findings letter detailing any employee relief and civil penalties owed. Pursuant to the findings, Contractor will have the opportunity to settle any violations and cure the breach of this agreement caused by failure to comply with the ESSTA either i) without a trial by entering into a consent order or ii) appearing before an impartial judge at the City’s administrative tribunal. In addition to and notwithstanding any other rights and remedies available to the City, non-payment of relief and penalties owed pursuant to a consent order or final adjudication within 30 days of such consent order or final adjudication may result in the termination of this agreement without further opportunity to settle or cure the violations. The PSLL ESSTA is briefly summarized below for the convenience of the Contractor. The Contractor is advised to review the PSLL ESSTA and the DCWP Rules in their entirety. On the website The Contractor may go to xxx.xxx.xxx/XxxxXxxxXxxxx there are links to the PSLL and the associated Rules as well as additional for resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which the Contractor can get more information about how to comply with the PSLLESSTA and the DCWP Rules. The Contractor acknowledges that it is responsible for compliance with the PSLL ESSTA and the DCWP Rules notwithstanding any inconsistent language contained herein.

Appears in 1 contract

Samples: Discretionary Funds Agreement

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Introduction and General Provisions. 1. The Earned Sick Time Act, also known as the Paid Sick Leave Law (“PSLL”), requires covered employees who annually perform more than 80 hours of work in New York City to be provided with paid sick time.2 Contractors of the City or of other governmental entities may be required to provide sick time pursuant to the PSLL. 2. The PSLL became effective on April 1, 2014, and is codified at Title 20, Chapter 8, of the Admin. Code. It is administered by the City’s Department of Consumer Affairs (“DCA”). DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“Rules”). 3. The Contractor agrees to comply in all respects with the PSLL and the Rules, and as amended, if applicable, in the performance of this Agreement. The Contractor further acknowledges that such compliance is a material term of this Agreement and that failure to comply with the PSLL in performance of this Agreement may result in its termination. 4. The Contractor must notify the ACCO in writing within 10 Days of receipt of a complaint (whether oral or written) regarding the PSLL involving the performance of this Agreement. Additionally, the Contractor must cooperate with DCA’s education efforts and must comply with DCA’s subpoenas and other document demands as set forth in the PSLL and Rules. 5. The PSLL is summarized below for the convenience of the Contractor. The Contractor is advised to review the PSLL and Rules in their entirety. On the website xxx.xxx.xxx/XxxxXxxxXxxxx there are links to the PSLL and the associated Rules as well as additional resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which the Contractor can get more information about how to comply with the PSLL. The Contractor acknowledges that it is responsible for compliance with the PSLL notwithstanding any inconsistent language contained herein. 2 Pursuant to the PSLL, if fewer than five employees work for the same employer, as determined pursuant Admin. Code § 20-912(g), such employer has the option of providing such employees uncompensated sick time.

Appears in 1 contract

Samples: Service Agreement

Introduction and General Provisions. 1. The Earned Safe and Sick Time ActAct (“ESSTA”), codified at Title 20, Chapter 8 of the New York City Administrative Code, also known as the Paid Safe and Sick Leave Law (“PSLL”), Law,” requires covered employees who annually perform more than 80 hours of work (as defined in Admin. Code § 20-912) in New York City (“City”) to be provided with paid safe and sick time.2 time. Contractors of the City or of other governmental entities may be required to provide safe and sick time pursuant to the PSLL. 2ESSTA. The PSLL became effective on April 1, 2014, and ESSTA is codified at Title 20, Chapter 8, of the Admin. Code. It is administered enforced by the City’s Department of Consumer Affairs and Worker Protection (“DCADCWP”), which has promulgated 6 RCNY §§ 7-101 and 201 et seq. DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“DCWP Rules”). 32. The Contractor agrees to comply in all respects with the PSLL ESSTA and the DCWP Rules, and as amended, if applicable, in the performance of this Agreementagreement. The Contractor further acknowledges that such compliance is a material term of this Agreement agreement and that failure to comply with the PSLL ESSTA in performance of this Agreement agreement may result in its termination. 43. The Contractor must notify (with a copy to DCWP at XxxxxxxxxxXxxxxxxxxx@xxxx.xxx.xxx) the ACCO Agency Chief Contracting Officer of the City Agency or other entity with whom it is contracting in writing within 10 Days days of receipt of a complaint (whether oral or written) or notice of investigation regarding the PSLL ESSTA involving the performance of this Agreementagreement. Additionally, the Contractor must cooperate with DCADCWP’s education efforts guidance and must comply with DCADCWP’s subpoenas subpoenas, requests for information, and other document demands as set forth in the PSLL ESSTA and the DCWP Rules. More information is available at xxxxx://xxx0.xxx.xxx/site/dca/about/xxxx-xxxx-xxxxx-xxxx-xxxxxxxxx-xxxx-xx-xxxx.xxxx. 4. Upon conclusion of a DCWP investigation, Contractor will receive a findings letter detailing any employee relief and civil penalties owed. Pursuant to the findings, Contractor will have the opportunity to settle any violations and cure the breach of this agreement caused by failure to comply with the ESSTA either i) without a trial by entering into a consent order or ii) appearing before an impartial judge at the City’s administrative tribunal. In addition to and notwithstanding any other rights and remedies available to the City, non-payment of relief and penalties owed pursuant to a consent order or final adjudication within 30 days of such consent order or final adjudication may result in the termination of this agreement without further opportunity to settle or cure the violations. 5. The PSLL ESSTA is briefly summarized below for the convenience of the Contractor. The Contractor is advised to review the PSLL ESSTA and the DCWP Rules in their entirety. On the website The Contractor may go to xxx.xxx.xxx/XxxxXxxxXxxxx there are links to the PSLL and the associated Rules as well as additional for resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which the Contractor can get more information about how to comply with the PSLLESSTA and the DCWP Rules. The Contractor acknowledges that it is responsible for compliance with the PSLL ESSTA and the DCWP Rules notwithstanding any inconsistent language contained herein.

Appears in 1 contract

Samples: Concession Agreement

Introduction and General Provisions. 168.5.1.1. The Earned Sick Time Act, also known as the Paid Sick Leave Law (“PSLL”), requires covered employees who annually perform more than 80 hours of work in New York City to be provided with paid sick time.2 time2. Contractors of the City or of other governmental entities may be required to provide sick time pursuant to the PSLL. 268.5.1.2. The PSLL became effective on April 1, 2014, and is codified at Title 20, Chapter 8, of the Admin. New York City Administrative Code. It is administered by the City’s Department of Consumer Affairs (“DCA”). ; DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“Rules”). 368.5.1.3. The Contractor agrees to comply in all respects with the PSLL and the Rules, and as amended, if applicable, in the performance of this AgreementContract. The Contractor further acknowledges that such compliance is a material term of this Agreement Contract and that failure to comply with the PSLL in performance of this Agreement Contract may result in its termination. 468.5.1.4. The Contractor must notify the ACCO Agency Chief Contracting Officer of the Agency with whom it is contracting in writing within 10 Days ten (10) days 2 Pursuant to the PSLL, if fewer than five employees work for the same employer, as determined pursuant to New York City Administrative Code § 20-912(g), such employer has the option of providing such employees uncompensated sick time. of receipt of a complaint (whether oral or written) regarding the PSLL involving the performance of this AgreementContract. Additionally, the Contractor must cooperate with DCA’s education efforts and must comply with DCA’s subpoenas and other document demands as set forth in the PSLL and Rules. 568.5.1.5. The PSLL is summarized below for the convenience of the Contractor. The Contractor is advised to review the PSLL and Rules in their entirety. On the website xxx.xxx.xxx/XxxxXxxxXxxxx there are links to the PSLL and the associated Rules as well as additional resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which the Contractor can get more information about how to comply with the PSLL. The Contractor acknowledges that it is responsible for compliance with the PSLL notwithstanding any inconsistent language contained herein.

Appears in 1 contract

Samples: Proposal for Bids

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