NY Pub Auth L § 2050-V (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-G - Ulster County Resource Recovery Agency 2050-V - Affirmative Action.

§  2050-v.  Affirmative action. 1. Any contracts entered into pursuant to this title shall contain 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 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. The 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.  The  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. The agency in awarding 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 one and two of this section, the  agency  shall  consider  compliance  by  any  contractor  with  the requirements  of  any  federal,  state  or  local  law  concerning equal employment opportunity, which may effectuate the  requirements  of  this section.  If  the  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 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, the agency 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.   6. Nothing in this section shall be construed to impair the ability of the  agency to enter into contracts in accordance with the provisions of the general municipal law.