NY Pub Auth L § 1197-Q (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-B - Water Authority of Great Neck North 1197-Q - Authority; Affirmative Action.

§  1197-q. Authority; affirmative action. 1. All contracts for design, construction, services or materials for  water  projects  authorized  by this  title  shall  require that such contracts and documents soliciting bids or proposals therefor  shall  contain  or  make  reference  to  the following provisions:  (a)   The  contractor  will  not  discriminate  against  employees  or applicants for  employment  because  of  race,  creed,  color,  national origin,  sex,  age, disability, or marital status, and will undertake or continue programs of affirmative action to insure  that  minority  group persons  and  women  are  afforded  equal employment opportunity without discrimination. Such action shall be taken with reference,  but  not  be limited   to   recruitment,   employment,   job  assignment,  promotion, upgrading, demotion, transfer, layoff,  termination,  rates  of  pay  or other  forms of compensation, and selections for training or retraining, including apprenticeship and on-the-job training.  (b) At the request of the authority, the contractor shall request each employment agency, labor union, or authorized representative of  workers with  which  he or she has a collective bargaining or other agreement or understanding, to furnish  a  written  statement  that  such  employment agency,  labor union or representative shall not discriminate because of race, creed, color, national origin, sex,  age,  disability  or  marital status  and  that  such  union  or  representative will cooperate in the implementation of the contractor's obligations hereunder.  (c) The contractor will state, in all solicitations or  advertisements for  employees  placed by or on behalf of the contractor, in performance of the contract that all qualified applicants  will  be  afforded  equal employment  opportunity  without  discrimination because of race, creed, color, national origin, sex, age, disability or marital status.  (d) The contractor will  include  the  provisions  of  paragraphs  (a) through  (c)  of this subdivision in every subcontract or purchase order in such a  manner  that  such  provisions  will  be  binding  upon  each subcontractor or vendor as to its working connection with a contract.   2.  The  authority shall establish procedures and guidelines to ensure that contractors and subcontractors undertake  programs  of  affirmative action  as  required by this section. Such procedures may require, after notice in a bid solicitation, the submission of  an  affirmative  action program  prior  to the award of any contract, or at any time thereafter, and may require the submission of compliance  reports  relating  to  the operation  and  implementation of any affirmative action program adopted hereunder. Such procedures and guidelines shall be consistent  with  the guidelines  promulgated  by  the  office  of federal contract compliance programs  of  the  United  States  department  of  labor   pursuant   to presidential  executive  order eleven thousand two hundred forty-six, as amended,  and  any  state  statutory  or  regulatory  requirements.  The authority  shall,  in  the  promulgation  of  procedures  and guidelines pursuant to this section, cooperate with any  federal,  state  or  local agency  established  for  the purpose of implementing affirmative action compliance programs.   3.  The  authority  shall  seek  meaningful   participation   in   the performance  of  contracts  by  minority  business enterprises and shall establish measures and procedures to identify those contracts and  items of work for which minority business enterprises may best bid to actively and  affirmatively  promote  and  assist  their  participation  so as to facilitate the award of a fair share of contracts to  such  enterprises. For  purposes  hereof,  "minority  business  enterprise"  shall mean any business enterprise which is at least fifty-one per centum owned by,  or in  the case of a publicly owned business, at least fifty-one per centum of the stock of which is owned by citizens or permanent resident  aliens  who  are  Black,  Hispanic,  Asian,  American  Indian or women, and such ownership interest is real, substantial and continuing.  The  provisions of  this  subdivision shall not be construed to limit the ability of any minority business enterprise to bid on any contract.   4.  In  the  implementation  of  subdivisions  two  and  three of this section, the authority shall consider compliance by any contractor  with the  requirements of any federal, state or local law concerning minority business  enterprises  or  equal  employment  opportunity,   which   may effectuate the requirements of this section. If the authority determines that by virtue of the imposition of the requirements of any such law, in respect  to  contracts  affected  by  this  section, that the provisions thereof duplicate or conflict with such law, the authority  shall  waive the  applicability  of this section to the extent of such duplication or conflict.   5. In order to implement  the  requirements  and  objectives  of  this section,   the   authority  shall  be  responsible  for  monitoring  the contractors'  compliance  with  the  provisions  hereof,  for   advising contractors on the availability of competing qualified minority business enterprises  to  perform contracts proposed to be awarded and for making recommendations  to  contractors  to  improve  the  access  of  minority business enterprises to such contracts.