2023 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  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 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.