§ 1045-X — Authority, water board and city to take affirmative action

New York § 1045-X

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 2-A: New York City Municipal Water Finance Authority
• Art. 5: Public Utility Authorities

Text

§ 1045-x. Authority, water board and city to take affirmative action.\n1. Each contracting agency which awards contracts for design,\nconstruction, services or materials for water projects authorized by\nthis title shall require that such contracts and documents soliciting\nbids or proposals therefor shall contain or make reference to the\nfollowing provisions:\n (a) The contractor will not discriminate against employees or\napplicants for employment because of race, creed, color, national\norigin, sex, age, disability, or marital status, and will undertake or\ncontinue programs of affirmative action to insure that minority group\npersons and women are afforded equal employment opportunity without\ndiscrimination. Such action shall be taken with reference, but not be\nlimited to recruitment, employment, job assignment, promotion,\nupgrading, demotion, transfer, layoff, termination, rates of pay or\nother forms of compensation, and selections for training or retraining,\nincluding apprenticeship and on-the-job training.\n (b) At the request of the contracting agency, the contractor shall\nrequest each employment agency, labor union, or authorized\nrepresentative of workers with which he has a collective bargaining or\nother agreement or understanding, to furnish a written statement that\nsuch employment agency, labor union or representative shall not\ndiscriminate because of race, creed, color, national origin, sex, age,\ndisability or marital status and that such union or representative will\ncooperate in the implementation of the contractor's obligations\nhereunder.\n (c) The contractor will state, in all solicitations or advertisements\nfor employees placed by or on behalf of the contractor, in performance\nof the contract that all qualified applicants will be afforded equal\nemployment opportunity without discrimination because of race, creed,\ncolor, national origin, sex, age, disability or marital status.\n (d) The contractor will include the provisions of paragraphs (a)\nthrough (c) of this subdivision in every subcontract or purchase order\nin such a manner that such provisions will be binding upon each\nsubcontractor or vendor as to its working connection with a contract.\n 2. Each contracting agency shall establish procedures and guidelines\nto ensure that contractors and subcontractors undertake programs of\naffirmative action as required by this section. Such procedures may\nrequire, after notice in a bid solicitation, the submission of an\naffirmative action program prior to the award of any contract, or at any\ntime thereafter, and may require the submission of compliance reports\nrelating to the operation and implementation of any affirmative action\nprogram adopted hereunder. Such procedures and guidelines shall be\nconsistent with the guidelines promulgated by the office of federal\ncontract compliance programs of the United States department of labor\npursuant to presidential executive order eleven thousand two hundred\nforty-six, as amended, and any state statutory or regulatory\nrequirements. A contracting agency shall, in the promulgation of\nprocedures and guidelines pursuant to this section, cooperate with any\nfederal, state or local agency established for the purpose of\nimplementing affirmative action compliance programs.\n 3. Any contracting agency empowered to award contracts for design,\nconstruction, services or materials shall seek meaningful participation\nin the performance of contracts by minority business enterprises and\nshall establish measures and procedures to identify those contracts and\nitems of work for which minority business enterprises may best bid to\nactively and affirmatively promote and assist their participation so as\nto facilitate the award of a fair share of contracts to such\nenterprises. For purposes hereof, "minority business enterprise" shall\nmean any business enterprise which is at least fifty-one per centum\nowned by, or in the case of a publicly owned business, at least\nfifty-one per centum of the stock of which is owned by citizens or\npermanent resident noncitizens who are Black, Hispanic, Asian, American\nIndian or women, and such ownership interest is real, substantial and\ncontinuing. The provisions of this subdivision shall not be construed to\nlimit the ability of any minority business enterprise to bid on any\ncontract.\n 4. In the implementation of subdivisions two and three of this\nsection, the contracting agency shall consider compliance by any\ncontractor with the requirements of any federal, state or local law\nconcerning minority business enterprises or equal employment\nopportunity, which may effectuate the requirements of this section. If\nthe contracting agency determines that by virtue of the imposition of\nthe requirements of any such law, in respect to contracts affected by\nthis section, that the provisions thereof duplicate or conflict with\nsuch law, the contracting agency shall waive the applicability of this\nsection to the extent of such duplication or conflict.\n 5. In order to implement the requirements and objectives of this\nsection, contracting agencies shall be responsible for monitoring the\ncontractors' compliance with the provisions hereof, for advising\ncontractors on the availability of competing qualified minority business\nenterprises to perform contracts proposed to be awarded and for making\nrecommendations to contractors to improve the access of minority\nbusiness enterprises to such contracts.\n