Common use of Wage Enforcement Clause in Contracts

Wage Enforcement. The Contractor agrees to pay for all costs incurred by the City in enforcing prevailing or other governing wage requirements, including the cost of any investigation conducted by or on behalf of NYCDOT or the Comptroller, where the City discovers a failure to comply with any of the requirements of this Article by the Contractor or its Subcontractor(s). The Contractor also agrees, that should it fail or refuse to pay for any such investigation, NYCDOT is hereby authorized to deduct from a Contractor's account an amount equal to the cost of such investigation. 59.4.1. The Labor Law Section 220 and Section 220-d, as amended, provide that this Contract shall be forfeited and no sum paid for any Work done hereunder on a second conviction for willfully paying less than: the stipulated wage scale as provided in Labor Law Section 220, as amended, or the stipulated minimum hourly wage scale as provided in Labor Law Section 220-d, as amended: 59.4.1.1. In addition, Labor Law section 238 provides that this Contract shall be forfeited and no sum paid for any Work done hereunder on a second conviction for failing to pay the stipulated wage scale as provided in Labor Law Section 231. 59.4.2. For any breach or violation of either working conditions (Article 59.3) and minimum wages (Article 59.2.6), the party responsible therefor shall be liable to the City for liquidated damages, which may be withheld from any amounts due on any contracts with the City of such party responsible, or may be recovered in actions brought by the City Corporation Counsel in the name of the City, in addition to damages for any other breach of this Contract, a sum equal to the amount of any underpayment of wages due to any employee engaged in the performance of this Contract. In addition, the Commissioner shall have the right to cancel contracts and enter into other contracts for the completion of the original Contract, with or without public letting, and the original Contractor shall be liable for any additional cost. All sums withheld or recovered as deductions, rebates, refunds, or underpayment of wages hereunder, shall be held in a special deposit account and shall be paid without interest, on order of the Comptroller, directly to the employees who have been paid less than minimum rates of pay as set forth herein and on whose account such sums were withheld or recovered, provided that no claims by employees for such payments shall be entertained unless made within two (2) years from the date of actual notice to the Contractor of the withholding or recovery of such sums by the City. 59.4.3. A determination by the Comptroller that a Contractor and/or its Subcontractor willfully violated Labor Law Section 220 or 230 will be forwarded to the City's five District Attorneys for review. 59.4.4. The Contractor's or Subcontractor's noncompliance with this Article and Labor Law Section 220 or 230 or Administrative Code 6-109, may result in an unsatisfactory performance evaluation and the Comptroller may also find and determine that the Contractor or Subcontractor willfully violated the New York Labor Law or Administrative Code. 59.4.4.1. An unsatisfactory performance evaluation for noncompliance with this Article may result in a determination that the Contractor is a non-responsible bidder on subsequent procurements with the City and thus a rejection of a future award of a contract with the City, as well as any other sanctions provided for by Xxx. 59.4.4.2. Labor Law Sections 220-b and 235, as amended, provides that when two (2) final determinations have been rendered against a Contractor or Subcontractor within any consecutive six (6) year period determining that such Contractor or Subcontractor has willfully failed to pay the prevailing rate of wages or to provide supplements in accordance with the Labor Law and this Article, whether such failures were concurrent or consecutive and whether or not such final determinations concerning separate public work or public building service projects are rendered simultaneously, such Contractor or Subcontractor shall be ineligible to submit a bid on or be awarded any public works contract with the City for a period of five (5) years from the second final determination. Likewise, Administrative Code section 6-109(e)(1)(e) provides that when two (2) final dispositions have been entered against a contractor or subcontractor within any consecutive six (6) year period determining that such contractor or subcontractor failed to comply with the wage, benefits, anti-retaliation, record-keeping, or reporting requirements of section 6-109, such contractor or subcontractor, and any of its principals or officers who knowingly participated in such failure, shall be ineligible to submit a bid on or be awarded any city service contract for a period of five (5) years from the date of the second disposition. Pursuant to Labor Law sections 220-b and 235, if the final determination involves the falsification of payroll records or the kickback of wages or supplements, the Contractor or Subcontractor shall be ineligible to submit a bid on or be awarded any public works contract with the City for a period of five (5) years from the first final determination.

Wage Enforcement. The Contractor agrees to pay for all costs incurred by the City in enforcing prevailing or other governing wage requirements, including the cost of any investigation conducted by or on behalf of NYCDOT or the Comptroller, where the City discovers a failure to comply with any of the requirements of this Article 70 by the Contractor or its Subcontractor(s). The Contractor also agreesagrees that, that should it fail or refuse to pay for any such investigation, NYCDOT is hereby authorized to deduct from a Contractor's ’s account an amount equal to the cost of such investigation. 59.4.170.4.1. The Labor Law Section 220 and Section Sections 220, 220-d, and 238, as amended, provide that this Contract shall be forfeited and no sum paid for any Work done hereunder on a second conviction for willfully paying less than: the : 70.4.1.1. The stipulated prevailing wage scale as provided in Labor Law Section 220, as amended, or the or 70.4.1.2. The stipulated minimum hourly wage scale as provided in Labor Law Section 220-d, as amended: 59.4.1.1. In addition, Labor Law section 238 provides that this Contract shall be forfeited and no sum paid for any Work done hereunder on a second conviction for failing to pay the stipulated wage scale as provided in Labor Law Section 231. 59.4.270.4.2. For any breach or violation of either working conditions (Article 59.370.3) and or minimum wages (Article 59.2.6)70.2.6) provisions, the party responsible therefor shall be liable to the City for liquidated damages, which may be withheld from any amounts due on any contracts with the City of such party responsible, or may be recovered in actions brought by the City Corporation Counsel in the name of the City, in addition to damages for any other breach of this Contract, for a sum equal to the amount of any underpayment of wages due to any employee engaged in the performance of this Contract. In addition, the Commissioner shall have the right to cancel contracts and enter into other contracts for the completion of the original Contract, with or without public letting, and the original Contractor shall be liable for any additional cost. All sums withheld or recovered as deductions, rebates, refunds, or underpayment of wages hereunder, shall be held in a special deposit account and shall be paid without interest, on order of the Comptroller, directly to the employees who have been paid less than minimum rates of pay as set forth herein and on whose account such sums were withheld or recovered, provided that no claims by employees for such payments shall be entertained unless made within two (2) years from the date of actual notice to the Contractor of the withholding or recovery of such sums by the City. 59.4.3. A determination by the Comptroller that a Contractor and/or its Subcontractor willfully violated Labor Law Section 220 or 230 will be forwarded to the City's five District Attorneys for review. 59.4.4. The Contractor's or Subcontractor's noncompliance with this Article and Labor Law Section 220 or 230 or Administrative Code 6-109, may result in an unsatisfactory performance evaluation and the Comptroller may also find and determine that the Contractor or Subcontractor willfully violated the New York Labor Law or Administrative Code. 59.4.4.1. An unsatisfactory performance evaluation for noncompliance with this Article may result in a determination that the Contractor is a non-responsible bidder on subsequent procurements with the City and thus a rejection of a future award of a contract with the City, as well as any other sanctions provided for by Xxx. 59.4.4.2. Labor Law Sections 220-b and 235, as amended, provides that when two (2) final determinations have been rendered against a Contractor or Subcontractor within any consecutive six (6) year period determining that such Contractor or Subcontractor has willfully failed to pay the prevailing rate of wages or to provide supplements in accordance with the Labor Law and this Article, whether such failures were concurrent or consecutive and whether or not such final determinations concerning separate public work or public building service projects are rendered simultaneously, such Contractor or Subcontractor shall be ineligible to submit a bid on or be awarded any public works contract with the City for a period of five (5) years from the second final determination. Likewise, Administrative Code section 6-109(e)(1)(e) provides that when two (2) final dispositions have been entered against a contractor or subcontractor within any consecutive six (6) year period determining that such contractor or subcontractor failed to comply with the wage, benefits, anti-retaliation, record-keeping, or reporting requirements of section 6-109, such contractor or subcontractor, and any of its principals or officers who knowingly participated in such failure, shall be ineligible to submit a bid on or be awarded any city service contract for a period of five (5) years from the date of the second disposition. Pursuant to Labor Law sections 220-b and 235, if the final determination involves the falsification of payroll records or the kickback of wages or supplements, the Contractor or Subcontractor shall be ineligible to submit a bid on or be awarded any public works contract with the City for a period of five (5) years from the first final determination.provided