2023 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 noncitizens 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.