§ 2050-V — Affirmative action

New York § 2050-V

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-G: Ulster County Resource Recovery Agency
• Art. 8: Miscellaneous Authorities

Text

§ 2050-v. Affirmative action. 1. Any contracts entered into pursuant\nto this title shall contain the following 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 agency, the contractor shall request each\nemployment agency, labor union, or authorized representative of workers\nwith which he has a collective bargaining or other agreement or\nunderstanding, to furnish a written statement that such employment\nagency, labor union or representative shall not discriminate because of\nrace, creed, color, national origin, sex, age, disability or marital\nstatus and that such union or representative will cooperate in the\nimplementation of the contractor's obligations hereunder.\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. The agency shall establish procedures and guidelines to ensure that\ncontractors and subcontractors undertake programs of affirmative action\nas required by this section. Such procedures may require, after notice\nin a bid solicitation, the submission of an affirmative action program\nprior to the award of any contract, or at any time thereafter, and may\nrequire the submission of compliance reports relating to the operation\nand implementation of any affirmative action program adopted hereunder.\nSuch procedures and guidelines shall be consistent with the guidelines\npromulgated by the office of federal contract compliance programs of the\nUnited States department of labor pursuant to presidential executive\norder eleven thousand two hundred forty-six, as amended, and any state\nstatutory or regulatory requirements. The agency shall, in the\npromulgation of procedures and guidelines pursuant to this section,\ncooperate with any federal, state or local agency established for the\npurpose of implementing affirmative action compliance programs.\n 3. The agency in awarding contracts for design, construction, services\nor materials, shall seek meaningful participation in the performance of\ncontracts by minority business enterprises and shall establish measures\nand procedures to identify those contracts and items of work for which\nminority business enterprises may best bid to actively and affirmatively\npromote and assist their participation so as to facilitate the award of\na fair share of contracts to such enterprises. For purposes hereof,\n"minority business enterprise" shall mean any business enterprise which\nis at least fifty-one per centum owned by, or in the case of a publicly\nowned business, at least fifty-one per centum of the stock of which is\nowned by citizens or permanent resident noncitizens who are Black,\nHispanic, Asian, American Indian or women, and such ownership interest\nis real, substantial and continuing. The provisions of this subdivision\nshall not be construed to limit the ability of any minority business\nenterprise to bid on any contract.\n 4. In the implementation of subdivisions one and two of this section,\nthe agency shall consider compliance by any contractor with the\nrequirements of any federal, state or local law concerning equal\nemployment opportunity, which may effectuate the requirements of this\nsection. If the 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 agency shall waive the applicability of this section to\nthe extent of such duplication or conflict.\n 5. In order to implement the requirements and objectives of this\nsection, the agency shall be responsible for monitoring the contractors'\ncompliance with the provisions hereof, for advising contractors on the\navailability of competing qualified minority business enterprises to\nperform contracts proposed to be awarded and for making recommendations\nto contractors to improve the access of minority business enterprises to\nsuch contracts.\n 6. Nothing in this section shall be construed to impair the ability of\nthe agency to enter into contracts in accordance with the provisions of\nthe general municipal law.\n