2023 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

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 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.