NY Pub Auth L § 1115-X (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 6 - Albany Municipal Water Finance Authority 1115-X - Authority, Water Board and City to Take Affirmative Action.

§  1115-x. Authority, water board and city to take affirmative action. 1.  Each  contracting  agency  which  awards   contracts   for   design, construction,  services  or  materials  for  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 contracting  agency,  the  contractor  shall request   each   employment   agency,   labor   union,   or   authorized representative of workers with which he 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.  Each  contracting agency 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.  A  contracting  agency  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.  Any  contracting  agency  empowered to award contracts for design, construction, services or materials 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  contracting  agency  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  contracting  agency  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 contracting agency 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, contracting agencies 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.