reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2052 - Personal Service Contract Guidelines › Section 2052.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall have the
				  meanings indicated below:
(a) Personal
				service contract means any written agreement for the provision of personal
				services to the corporation for a fee or other compensation.
(b) Minority business enterprise means any
				business enterprise at least 51 percent of which is owned by Blacks, Hispanics,
				Asians, American Indians or women.
(c) Outside contractor means a person, firm
				or corporation performing personal services for the corporation pursuant to a
				written agreement.
(d) Personal
				services means any services performed for the corporation for a fee or other
				compensation, including legal, accounting, management consulting, investment
				banking, financial custody, investment management, construction management,
				construction, repair, planning, training, statistical, research, public
				relations, architectural, engineering, surveying or other consulting,
				professional or technical services. Personal services shall not include any
				services performed for the corporation by its employees within the scope of
				their employment responsibilities.
(e) Responsible official means the president
				of the corporation or such other officer or employee of the corporation who is
				designated by the president to be responsible in one or more areas of the
				corporation's activities for determining whether or not use of outside
				contractors is appropriate and for selecting and supervising the work of
				outside contractors.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2052 - Personal Service Contract Guidelines › Section 2052.2 - Areas of responsibility and oversight requiring use of personal services

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation's functions and responsibilities and its
				  customary methods of operations generally call for the use of personal services
				  with respect to architecture and design, hotel management and operations,
				  property management and operations, investment management, legal, accounting,
				  construction, construction management, repair and cleaning. The president may
				  from time to time determine that the provision of personal services is
				  appropriate in other areas of the corporation's operations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2052 - Personal Service Contract Guidelines › Section 2052.3 - Reasons for use of personal service contracts

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation will use an outside contractor only after the
				  president, or other responsible official after consultation with the president
				  or the executive vice president, shall have determined that it is appropriate
				  to do so. In making such a determination, the following factors shall be
				  considered:
(a) the amount of time
				likely to be required in performing the services;
(b) the degree of special skill likely to be
				required in performing the services;
(c) the availability of employees of the
				corporation possessing the skills needed to perform the services;
(d) the likely expense of training employees
				of the corporation to perform the services, and the likely future benefits to
				the corporation of such training;
(e) the availability of outside contractors
				and the likely expense of using outside contractors;
(f) the requirement that the services be
				rendered by an independent professional, as in the case of auditors' opinions
				or legal opinions;
(g) the effect
				of use of outside contractors on other agreements and operations of the
				corporation;
(h) the extent to
				which the corporation has successfully used outside contractors in the past for
				the services to be performed; and
(i) the need to assure that the corporation
				conducts its operations in the most effective and efficient manner.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2052 - Personal Service Contract Guidelines › Section 2052.4 - Selection of outside contractors

Current through Register Vol. 46, No. 28, July 10, 2024
Selection of all outside contractors shall be made on a
				  competitive basis, except in the following circumstances:
(a) the total amount of the contract is not
				likely to exceed $5,000;
(b) the
				president, or the responsible official after consultation with the president,
				shall have determined that (1) the need to obtain high quality services or
				services having unique or extraordinary features or time requirements
				substantially outweighs possible cost savings from selection on a competitive
				basis, or (2) the corporation has other cost control procedures to protect the
				corporation from paying more for services than necessary; or
(c) the board of directors otherwise
				determines that competition would be inappropriate.
The foregoing shall not be construed to affect any
				  requirement for competitive bidding binding on the corporation under applicable
				  law. Where selection is made on a competitive basis, the responsible officer
				  shall request detailed proposals from at least three outside contractors known
				  to have experience in the type of service to be performed. Where the total
				  value of the contract is likely to exceed $10,000, the proposals shall be in
				  writing. Proposals shall be evaluated on the basis of all relevant factors such
				  as the outside contractor's experience, reputation, technical qualifications,
				  financial condition, past performance, size, quality and availability of staff,
				  identity of supervisory personnel, possible conflicts of interest, proposed
				  scope of work and proposed fee or commission. No single factor shall
				  necessarily be controlling and the outside contractor submitting the proposal
				  which is most favorable on an overall basis shall be selected, except that the
				  president, or the responsible official, after consultation with the president,
				  may reject any or all proposals if he considers such action in the best
				  interests of the corporation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2052 - Personal Service Contract Guidelines › Section 2052.5 - Board approval for personal service contracts

Current through Register Vol. 46, No. 28, July 10, 2024
All personal service contracts involving services to be
				  rendered over more than 12 months shall be approved in advance by the board of
				  directors, and performance under such contracts shall be reviewed annually by
				  the board of directors. In addition, any personal service contract shall be
				  approved by the board of directors if the personal service contract is likely
				  to result in total payments to the outside contractor in excess of $50,000 per
				  year and is not in the ordinary course of the corporation's business of
				  maintaining, managing and operating the properties of the
				  corporation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2052 - Personal Service Contract Guidelines › Section 2052.6 - Responsibilities of outside contractors

Current through Register Vol. 46, No. 28, July 10, 2024
All outside contractors shall perform all required services
				  to the satisfaction of the corporation in accordance with the terms and
				  conditions of their contracts. They shall meet with appropriate officials of
				  the corporation upon request at reasonable times, shall present upon request
				  written reports satisfactory to the corporation of the progress of the services
				  they are providing and shall provide invoices for all services rendered in
				  sufficient detail to enable the corporation to identify the
				  services.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2052 - Personal Service Contract Guidelines › Section 2052.7 - Minority businesses

Current through Register Vol. 46, No. 28, July 10, 2024
It is the corporation's policy to enhance opportunities for
				  minority business enterprises to serve as outside contractors. Those areas or
				  types of personal service contracts for which minority business enterprises may
				  best submit proposals include, but are not limited to, contracts for hotel and
				  property operations, construction, design, construction management, repair and
				  cleaning.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2052 - Personal Service Contract Guidelines › Section 2052.8 - Provisions of personal service contracts

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to any provisions otherwise required by law or by
				  this Part or by the responsible official, all personal service contracts shall
				  contain the following provisions:
(a)
				a description of the services to be performed, the standard for performance, if
				practical, and any relevant time requirements of deadlines;
(b) a statement of the cost to the
				corporation of the services to be performed, including the method and time of
				payment;
(c) a requirement, where
				appropriate, that there be periodic progress reports in sufficient detail to
				permit monitoring of the services to be performed;
(d) provisions relating to conditions and
				circumstances, if any, under which supplies, facilities and personnel of the
				corporation may be used by the outside contractor in performing services;
				and
(e) provisions under which the
				corporation may terminate the contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2052 - Personal Service Contract Guidelines › Section 2052.9 - Contracts with former officers and employees

Current through Register Vol. 46, No. 28, July 10, 2024
Any personal service contracts with persons who were formerly
				  officers or employees of the corporation shall, in addition to complying with
				  this Part, be approved by the chairman of the board of the corporation or by a
				  member of the board of directors as designated by the
				  chairman.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2052 - Personal Service Contract Guidelines › Section 2052.10 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
The president or his designee shall submit to the board of
				  directors annually a report reflecting the status of all existing personal
				  service contracts, and identifying any new personal service contracts entered
				  into during the preceding year and the manner in which outside contractors for
				  those new contracts were selected. In addition, the board of directors shall
				  annually review and approve a report on personal service contracts which shall
				  include a copy of this Part and an explanation thereof and of any amendments
				  thereto since the last annual report, a list of outside contractors performing
				  services since the last annual report, and a list of fees, commissions or other
				  charges paid to outside contractors during the year. Such annual report shall
				  be submitted to the Division of the Budget, the Department of Audit and
				  Control, the Senate Finance Committee and the Assembly Ways and Means Committee
				  and shall be made available to the public on reasonable
				  request.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2052 - Personal Service Contract Guidelines › Section 2052.11 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No provision of
				this Part shall be the basis for any claim based on this Part against the
				corporation or any of its directors, officers or employees.
(b) This Part shall not alter the rights and
				obligations of any contract of the corporation with a third party executed
				before adoption of this Part, nor shall this Part be deemed to alter the terms
				of any contract or affect the validity of any contract made in violation of or
				without compliance with this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.1 - Purpose and scope; general provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is adopted by the United
				Nations Development Corporation in compliance with the provisions of the
				Personal Privacy Protection Law, article 6-A of the Public Officers
				Law.
(b) The corporation shall
				maintain in its records only such personal information as is relevant and
				necessary to accomplish a purpose of the corporation that is required to be
				accomplished by statute or executive order, or to implement a program
				specifically authorized by law. Upon expiration of any possible statute of
				limitations respecting the rights and obligations of the corporation, it shall
				dispose of such records and personal information as are no longer useful or
				necessary for its purposes.
(c)
				Personal information will be collected by the corporation, whenever
				practicable, directly from the person to whom the information
				pertains.
(d) The corporation shall
				seek to ensure that all records pertaining to or used with respect to
				determinations about individuals are accurate, relevant, timely and complete
				and shall ensure that the provisions of this Part apply to any contract it
				executes for the operation of a system of records, or to contracts for
				research, evaluation or reporting by or on behalf of the corporation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.3 - Notification to data subjects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				corporation shall provide to each data subject from whom it requests
				information to be maintained in a record, at the time of the initial request,
				the notification described in this subdivision. Where such notification has
				been provided, subsequent requests by the corporation for information from the
				data subject to be maintained in the same record need not be accompanied by
				notification unless the initial notification is not applicable to the
				subsequent request. The notification, which shall be in the form shown in
				subdivision (b) of this section shall include:
(1) the name of the corporation and any
				subdivision within the corporation that is requesting the personal information
				and the name or title of the system of records in which such information will
				be maintained;
(2) the title,
				business address and telephone number of the corporation official who is
				responsible for the system of records;
(3) the authority granted by law, which
				authorizes the collection and maintenance of the information;
(4) the effects on such data subject, if any,
				of not providing all or any part of the requested information;
(5) the principal purpose or purposes for
				which the information is to be collected; and
(6) the uses which may be made of the
				information pursuant to paragraphs (a)(2), (5) and (6) of section
				2053.4 of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.4 - Disclosure of records or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The corporation may not disclose any
				record or personal information unless such disclosure is:
(1) pursuant to a written request by or the
				voluntary written consent of the data subject, provided that such request or
				consent by its terms limits and specifically describes:
(i) the personal information which is
				requested to be disclosed;
(ii) the
				person or entity to whom such personal information is requested to be
				disclosed; and
(iii) the uses which
				will be made of such personal information by the person or entity receiving it;
				or
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.5 - Designation and responsibilities of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Judith G. Liebman is hereby designated
				privacy compliance officer of the corporation and is responsible for ensuring
				that the corporation complies with the provisions of the Personal Privacy
				Protection Law and this Part and for coordinating the corporation's response to
				requests for records or amendment of records.
(b) The address and telephone number of the
				privacy compliance officer is: United Nations Development Corporation, Two
				United Nations Plaza, 27th Fl., New York, NY 10017, (212) 702-5100.
(c) The privacy compliance officer shall:
(1) provide any necessary assistance to a
				data subject in identifying and requesting personal information;
(2) locate records or systems of records
				sought by a data subject and take the actions referred to in sections
				2053.8(c)  and
				2053.9(a) of this
				Part with respect to such records or systems of records;
(3) upon request, certify that a copy of a
				record is a true copy; or
(4)
				certify, upon request, that:
(i) the
				corporation does not have possession of the record sought;
(ii) the corporation cannot locate the record
				sought after having made a diligent search; or
(iii) the information sought cannot be
				retrieved by use of the description thereof, or by use of the name or other
				identifier of the data subject without extraordinary search methods being
				employed by the corporation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.6 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				request is made in person, or when records are made available in person
				following a request made by mail, the corporation shall require appropriate
				identification, such as a driver's license, an identification card or other
				identifier assigned to the data subject by the corporation, a photograph, or
				other similar information that confirms that the record sought pertains to the
				data subject who made the request and is receiving the record or
				information.
(b) When copies of
				records are made available by mail after a request is made by mail, the
				corporation shall require verification of a signature or inclusion of an
				identifier generally known only by a data subject, or similar appropriate
				identification.
(c) Proof of
				identity shall not be required regarding a request for a record accessible to
				the public pursuant to the Freedom of Information Law (article 6 of the Public
				Officers Law).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.7 - Location of records and hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall
				be made available at the office of the corporation, which is located at Two
				United Nations Plaza, New York, NY.
(b) The corporation shall accept requests for
				records and produce records during regular business hours, which are 9 a.m. to
				5 p.m. on business days.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.8 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests
				for records must comply with sections 2053.4 and
				2053.6 of this Part, reasonably
				describe the record sought, and whenever possible, supply identifying
				information that assists the corporation in locating the records
				sought.
(b) Requests based upon
				categories of information described in a notice of a system of records or a
				privacy impact statement, referred to in section
				2053.15 of this Part, shall be
				deemed to reasonably describe the record sought.
(c) Within five business days after receipt
				of a request, the corporation shall:
(1) make
				the record available for inspection, without codes or symbols unless an
				accompanying document explaining such codes or symbols is also
				provided;
(2) upon payment of or
				offer to pay the fees referred to below, permit the data subject to copy the
				record;
(3) deny access to the
				record in whole or in part and explain in writing the reasons therefor;
				or
(4) acknowledge receipt of the
				request and state the approximate date when the request will be granted or
				denied, which date shall not exceed 30 days from the date of the
				acknowledgment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.9 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30
				business days of receipt of a written request from a data subject for
				correction or amendment of a record or personal information, reasonably
				described, pertaining to that data subject, which he or she believes is not
				accurate, relevant, timely, or complete, the corporation shall:
(1) make the amendment or correction in whole
				or in part and inform the data subject that, on request, such correction or
				amendment will be provided to any person or governmental unit to which the
				record or personal information has been or is disclosed pursuant to section
				2053.4(a)(4), (9) or
				(12) of this Part; or
(2) inform the data subject in writing of its
				refusal to correct or amend the record, including the reasons
				therefor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.10 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				denial of a request for records or denial of a request for amendment or
				correction of a record or personal information shall be in writing and shall:
(1) explain the reasons therefor;
				and
(2) identify the person and
				business address to whom an appeal may be directed and explain the appeal
				procedure.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.11 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				denied access to a record or denied a request to amend or correct a record or
				personal information pursuant to section
				2053.10(c) of
				this Part may, within 30 days of such denial, appeal to the person designated
				in section
				2053.10 of this Part.
(b) The time for deciding an appeal shall
				commence upon receipt of a written appeal that identifies:
(1) the date and location of a request for
				access to, or amendment or correction of, a record or personal
				information;
(2) the record that is
				the subject of the appeal; and
(3)
				the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.12 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				personal information is denied in whole or in part upon appeal, the corporation
				shall inform the data subject of his or her right to:
(1) file with the corporation a statement of
				reasonable length setting forth the data subject's reasons for disagreement
				with the determination; and
(2)
				request that such a statement of disagreement be provided to any person or
				governmental unit to which the record has been or is disclosed pursuant to
				section 2053.4(a)(4), (9) and
				(12) of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.13 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.15 - Privacy impact statements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Pursuant to chapter 677 of the Laws of 1980, the corporation has notified the
				committee that the corporation maintains the following systems of records:
(1) hotel guests;
(2) monthly parkers;
(3) tenants of 765 U.N. Plaza;
(4) health club members;
(5) board of directors; and
(6) employees.
If the corporation seeks to establish a new system of records
				  subsequent to September 1, 1984, it shall file with the committee a privacy
				  impact statement as prescribed by section
				  93
				  (4) of the Public Officers Law. If the
				  corporation seeks to modify a system of records in a way which would render
				  inaccurate any information set forth in a privacy impact statement, or in the
				  notice filed pursuant to chapter 677 of the Laws of 1980, it shall file with
				  the committee a supplemental statement to conform the privacy impact statement
				  or notice to the proposed modification. Unless such proposed system or
				  modification is required by law to be instituted less than 30 business days
				  from the date of the filing of the privacy impact statement or supplemental
				  statement, no such proposed system or modification shall be instituted until
				  the completion of the procedures for review by the committee set forth in
				  section
				  93
				  (3) of the Public Officers
				  Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.16 - Annual reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On or before
				the first day of September of each year, the corporation shall submit to the
				committee a report covering the preceding year. The report shall include, with
				respect to requests for access to records and with respect to requests for
				correction or amendment of records pursuant to these regulations, respectively,
				the following information:
(1) the number of
				determinations made to grant such requests; and
(2) the number of determinations made to deny
				such requests in whole or in part, respectively.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.17 - No waiver

Current through Register Vol. 46, No. 28, July 10, 2024
Any agreement purporting to waive a data subject's rights
				  under this Part shall be void as against public policy.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.18 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstances is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2054 - Guidelines For Use Of Procurement Contracts › Section 2054.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in these guidelines, the following terms shall have
				  the meanings indicated below:
(a)
				Procurement contract -- any written agreement for the acquisition by the
				Corporation of goods or personal services of any kind, in the actual or
				estimated amount of $5,000 or more.
(b) Minority or women-owned business
				enterprise -- any such business enterprise as defined in section
				2879 (3)(c)(d) and
				(e) of the Public Authorities Law.
"Public Authorities Law Section 2879 (3)
(c) An identification of those areas or types
				of contracts for which minority or women-owned business enterprises may best
				bid so as to promote and assist participation by such enterprises and
				facilitate a fair share of the awarding of contracts to such enterprises. For
				the purposes of this section, a minority business enterprise means any business
				enterprise, including a sole proprietorship, partnership or corporation that
				is:
(i) at least fifty-one percent owned by
				one or more minority group members or in the case of a publicly-owned business
				at least fifty-one percent of the common stock or other voting interests of
				which is owned by one or more minority group members;
(ii) an enterprise in which the minority
				ownership is real, substantial and continuing;
(iii) an enterprise in which the minority
				ownership has and exercises the authority to control independently the
				day-to-day business decisions of the enterprise; and
(iv) an enterprise authorized to do business
				in New York state, independently owned and operated, and not dominant in its
				field.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2054 - Guidelines For Use Of Procurement Contracts › Section 2054.2 - Types of goods purchased; areas of responsibility and oversight requiring use of personal services

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation's functions and responsibilities and its
				  customary methods of operations generally call for:
(a) the procurement of goods of the following
				types: hotel equipment, supplies and inventories, including food and beverage
				items; building equipment, supplies and inventories; and construction
				materials; and
(b) the procurement
				of personal services with respect to architecture and design, hotel management
				and operations, property management and operations, investment management,
				legal, accounting, construction, construction management, repair and cleaning.
				The president may from time to time determine that the provision of personal
				services is appropriate in other areas of the corporation's
				operations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2054 - Guidelines For Use Of Procurement Contracts › Section 2054.3 - Reasons for use of procurement contracts for personal services

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation will use an outside contractor for personal
				  services only after the president, or other responsible official after
				  consultation with the president or the executive vice president, shall have
				  determined that it is appropriate to do so. In making such a determination, the
				  following factors shall be considered:
(a) The amount of time likely to be required
				in performing the services.
(b) The
				degree of special skill likely to be required in performing the
				services.
(c) The availability of
				employees of the corporation possessing the skills needed to perform the
				services.
(d) The likely expense of
				training employees of the corporation to perform the services, and the likely
				future benefits to the corporation of such training.
(e) The availability of outside contractors
				and the likely expense of using outside contractors.
(f) The requirement that the services be
				rendered by an independent professional, as in the case of auditors' opinions
				or legal opinions.
(g) The effect
				of use of outside contractors on other agreements and operations of the
				corporation.
(h) The extent to
				which the corporation has successfully used outside contractors in the past for
				the services.
(i) The need to
				assure that the corporation conducts its operations in the most effective and
				efficient manner.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2054 - Guidelines For Use Of Procurement Contracts › Section 2054.4 - Selection of outside contractors

Current through Register Vol. 46, No. 28, July 10, 2024
Selection of all outside contractors shall be made on a
				  competitive basis, except in the following circumstances: the president, or the
				  responsible official after consultation with the president, shall have
				  determined that:
(a) the need to
				obtain high quality goods or services, or continuity of supply of goods or
				services, or goods or services having unique or extraordinary features or time
				requirements substantially outweighs possible cost savings from selection on a
				competitive basis; or
(b) the
				corporation has other cost control procedures to protect the corporation from
				paying more for goods or services than necessary. The foregoing shall not be
				construed to affect any requirements for competitive bidding, or for giving
				notice of proposal solicitation, which may be binding on the corporation under
				applicable law. Where selection is made on a competitive basis, the responsible
				officer shall request proposals from at least three outside contractors known
				to have experience in providing the type of goods or services in question.
				Where the total value of the contract is likely to exceed $10,000, the
				proposals shall be in writing. Proposals shall be evaluated on the basis of all
				relevant factors, which in any instance may include the outside contractor's
				experience, reputation, technical qualifications, financial condition, past
				performance, size, quality and availability of staff, identity of supervisory
				personnel, possible conflicts of interest, proposed scope of work and proposed
				fee, cost or commission. No single factor shall necessarily be controlling and
				the outside contractor submitting the proposal which is most favorable on an
				overall basis shall be selected, except that the president, or the responsible
				official after consultation with the president, may reject all proposals if he
				considers such action in the best interest of the corporation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2054 - Guidelines For Use Of Procurement Contracts › Section 2054.5 - Board approval for procurement contracts

Current through Register Vol. 46, No. 28, July 10, 2024
All procurement contracts involving services to be rendered
				  over more than 12 months shall be approved in advance by the board of
				  directors, and performance under such contracts shall be reviewed annually by
				  the board of directors. In addition, any procurement contract shall be approved
				  by the board of directors if it is likely to result in total payments to the
				  outside contractor in excess of $50,000 per year and is not in the ordinary
				  course of the corporation's business of maintaining, managing and operating the
				  properties of the corporation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2054 - Guidelines For Use Of Procurement Contracts › Section 2054.6 - Responsibilities of outside contractors

Current through Register Vol. 46, No. 28, July 10, 2024
All outside contractors shall perform all required services,
				  and shall provide all required goods, to the satisfaction of the corporation in
				  accordance with the terms and conditions of their contracts. They shall meet
				  with appropriate officials of the corporation upon request at a reasonable
				  time, shall present upon request written reports satisfactory to the
				  corporation of the progress of the services they are providing and shall
				  provide invoices for all services rendered or goods provided in sufficient
				  detail to enable the corporation to identify the services or
				  goods.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2054 - Guidelines For Use Of Procurement Contracts › Section 2054.7 - Minority- and women-owned businesses

Current through Register Vol. 46, No. 28, July 10, 2024
It is the corporation's policy to enhance opportunities for
				  minority- and women-owned business enterprises to serve as outside contractors.
				  Those areas or types of procurement contracts for which minority- and
				  women-owned business enterprises may best submit proposals include, but are not
				  limited to, contracts for goods or personal services for hotel and buildings
				  operations, construction, design, construction management, repair and
				  cleaning.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2054 - Guidelines For Use Of Procurement Contracts › Section 2054.8 - Provisions of procurement contracts

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to any provisions otherwise required by law or by
				  these guidelines or by the responsible official, all procurement contracts
				  shall contain the following provisions:
(a) A description of the services to be
				performed or the goods to be provided, the standard for performance, if
				practical, and any relevant time requirements or deadlines.
(b) A statement of the cost to the
				corporation of the services to be performed or the goods to be provided,
				including the method and time of payment.
(c) A requirement, where appropriate, that
				there be periodic progress reports in sufficient detail to permit monitoring of
				the services to be performed or the goods to be provided.
(d) Provisions relating to conditions and
				circumstances, if any, under which supplies, facilities and personnel of the
				corporation may be used by the outside contractor in performing services or
				providing goods.
(e) Where
				appropriate, provisions under which the corporation may terminate the
				contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2054 - Guidelines For Use Of Procurement Contracts › Section 2054.9 - Contracts with former officers and employees

Current through Register Vol. 46, No. 28, July 10, 2024
Any procurement contract with persons who were formerly
				  officers or employees of the corporation shall comply with these guidelines,
				  and shall be approved by the chairman of the board of the corporation or by a
				  member of the board of directors designated by the chairman, based on meeting
				  these guidelines.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2054 - Guidelines For Use Of Procurement Contracts › Section 2054.10 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
The president or his designee shall submit to the board of
				  directors annually for its review and approval a report which: summarizes the
				  corporation's procurement activity for the preceding calendar year, including
				  an identification of any new procurement contracts entered into during the
				  preceding year and a description of the manner in which outside contractors for
				  those new contracts were selected; reflects the status of existing procurement
				  contracts; includes a copy of these guidelines and an explanation thereof and
				  of any amendments thereto since the last such report; and provides any other
				  information required under applicable laws or regulations. Such annual report
				  shall be submitted to the Division of the Budget, the Department of Audit and
				  Control, the Senate Finance Committee and the Assembly Ways and Means Committee
				  and shall be made available to the public on reasonable
				  request.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2054 - Guidelines For Use Of Procurement Contracts › Section 2054.11 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No provision of
				these guidelines shall be the basis for any claim based on these guidelines
				against the corporation or any of its directors, officers, or
				employees.
(b) These guidelines
				shall not alter the rights and obligations of any contract of the corporation
				with a third party executed before adoption of these guidelines, nor shall
				these guidelines be deemed to alter the terms of any contract or affect the
				validity of any contract made in violation of or without compliance with these
				guidelines.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter A - Public Access To Records › Part 2150 - Public Access To Records › Section 2150.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The people's
				  right to know the process of government decisionmaking and the documents and
				  statistics leading to determinations is basic to our society. Access to such
				  information should not be thwarted by shrouding it with the cloak of secrecy or
				  confidentiality.
(b) This Part
				  provides information concerning the procedures by which records may be
				  obtained.
(c) Personnel shall
				  furnish to the public the information and records required by the Freedom of
				  Information Law, as well as records otherwise available by law.
(d) Any conflicts among laws governing public
				  access to records shall be construed in favor of the widest possible
				  availability of public records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter A - Public Access To Records › Part 2150 - Public Access To Records › Section 2150.2 - Designation of records access officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The executive director is responsible for
				  insuring compliance with this Part, and designates the following persons as
				  records access officers:
Associate Administrative Analyst
New York State Housing Finance Agency
Three Park Avenue
33rd Floor
New York, NY 10016
Senior Research Analyst
New York State Housing Finance Agency
Three Park Avenue
33rd Floor
New York, NY 10016
(b) Records access officers are responsible
				  for ensuring appropriate agency response to public requests for access to
				  records. The designation of records access officers shall not be construed to
				  prohibit officials who have in the past been authorized to make records or
				  information available to the public from continuing to do so. Records access
				  officers shall insure that personnel:
(1)
				  maintain an up-to-date subject matter list updated not less than twice per
				  year;
(2) assist the requester in
				  identifying requested records, if necessary;
(3) upon locating the records, take one of
				  the following actions:
(i) make records
				  available for inspection; or
(ii)
				  deny access to the records in whole or in part, and explain in writing the
				  reasons therefor;
(4)
				  upon request for copies of records:
(i) make
				  a copy available upon payment or offer to pay established fees, if any, in
				  accordance with section
				  2150.8 of this Part; or
(ii) permit the requester to copy those
				  records;
(5) upon
				  request, certify that a record is a true copy; and
(6) upon failure to locate records, certify
				  that:
(i) the New York State Housing Finance
				  Agency is not the custodian for such records; or
(ii) the records of which the New York State
				  Housing Finance Agency is a custodian cannot be found after diligent
				  search.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter A - Public Access To Records › Part 2150 - Public Access To Records › Section 2150.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and
					 copying at: Three Park Avenue, 33rd Floor, New York, NY
					 10016.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter A - Public Access To Records › Part 2150 - Public Access To Records › Section 2150.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
					 records produced during all hours regularly open for business. These hours are:
					 Monday through Friday, 9 a.m. to 5 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter A - Public Access To Records › Part 2150 - Public Access To Records › Section 2150.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written request may be required, but
				  oral requests may be accepted when records are readily available.
(b) A response shall be given regarding any
				  request reasonably describing the record or records sought within five business
				  days of receipt of the request.
(c)
				  A request shall reasonably describe the record or records sought. Whenever
				  possible, a person requesting records should supply information regarding
				  dates, file designations or other information that may help to describe the
				  records sought.
(d) If the records
				  access officer does not provide or deny access to the record sought within five
				  business days of receipt of a request, he or she shall furnish a written
				  acknowledgment of receipt of the request and a statement of the approximate
				  date when the request will be granted or denied. If access to records is
				  neither granted nor denied within 10 business days after the date of
				  acknowledgment of receipt of a request, the request may be construed as a
				  denial of access that may be appealed.