State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-1-a > 1020-v

* §  1020-v. Equal employment opportunity and minority and women owned  business enterprise programs. 1.  All  contracts  entered  into  by  the  authority  pursuant  to  this title of whatever nature and all 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 existing programs of affirmative action to ensure that minority  group   persons   and  women  are  afforded  equal  opportunity  without  discrimination. Such programs shall include,  but  not  be  limited  to,  recruitment, employment, job assignment, promotion, upgrading, demotion,  transfer,   layoff,   termination,  rates  of  pay  or  other  forms  of  compensation, and  selection  for  training  and  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  it  has  a  collective  bargaining  or  other  agreement  or  understanding  and  which is involved in the performance of the contract  with the authority 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 shall state, in all solicitations or advertisements  for  employees  placed  by  or  on  behalf  of  the  contractor  in  the  performance  of  the  contract  with  the  authority  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 work in connection with  the  contract  with the authority.    2.  The  authority shall establish measures, procedures and guidelines  to ensure  that  contractors  and  subcontractors  undertake  meaningful  programs  to  employ  and  promote  qualified minority group members and  women. Such procedures may require after notice in a  bid  solicitation,  the  submission  of  a  minority and women workforce utilization 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  workforce  utilization   program   adopted  hereunder.    The  authority  may take appropriate action, including the  impositions of sanctions for non-compliance to effectuate the provisions  of this section and shall be responsible for monitoring compliance  with  this title.    3. In the performance of projects pursuant to this title, minority and  women-owned  business  enterprises  shall  be  given the opportunity for  meaningful participation. The  authority  shall  establish  quantifiable  standards and measures and procedures to secure meaningful participation  and  identify  those  contracts and items of work for which minority and  women-owned  business  enterprises  may  best  bid   to   actively   and  affirmatively  promote and assist their participation in projects, so as  to  facilitate  the  award  of  a  fair  share  of  contracts  to   such  enterprises;  provided,  however,  that  nothing  in this title shall be  construed to limit the ability of the authority to assure that  qualifed  minority  and  women-owned  business  enterprises may participate in theprogram. 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  or other voting interest is owned by citizens or  permanent resident aliens  who  are  Black,  Hispanic,  Asian,  American  Indian, Pacific islander, or Alaskan native, and such ownership interest  is   real,   substantial   and  continuing  and  has  the  authority  to  independently control the day to day business decisions  of  the  entity  for  at  least  one year; and women-owned 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  to  other  voting interests of which is owned by  citizens or permanent resident aliens who are women, and such  ownership  interest  is  real,  substantial and continuing and has the authority to  independently control the day to day business decisions  of  the  entity  for at least one year.    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  order  to  implement  the  requirements and objectives of this  section, the authority shall establish procedures to monitor contractors  compliance with  provisions  hereof,  provide  assistance  in  obtaining  competing  qualified  minority  and  women-owned business enterprises to  perform contracts proposed to be awarded, impose  contractual  sanctions  for  non-compliance,  and take other appropriate measures to improve the  access  of  minority  and  women-owned  business  enterprises  to  these  contracts.    * NB There are 2 § 1020-v's

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-1-a > 1020-v

* §  1020-v. Equal employment opportunity and minority and women owned  business enterprise programs. 1.  All  contracts  entered  into  by  the  authority  pursuant  to  this title of whatever nature and all 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 existing programs of affirmative action to ensure that minority  group   persons   and  women  are  afforded  equal  opportunity  without  discrimination. Such programs shall include,  but  not  be  limited  to,  recruitment, employment, job assignment, promotion, upgrading, demotion,  transfer,   layoff,   termination,  rates  of  pay  or  other  forms  of  compensation, and  selection  for  training  and  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  it  has  a  collective  bargaining  or  other  agreement  or  understanding  and  which is involved in the performance of the contract  with the authority 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 shall state, in all solicitations or advertisements  for  employees  placed  by  or  on  behalf  of  the  contractor  in  the  performance  of  the  contract  with  the  authority  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 work in connection with  the  contract  with the authority.    2.  The  authority shall establish measures, procedures and guidelines  to ensure  that  contractors  and  subcontractors  undertake  meaningful  programs  to  employ  and  promote  qualified minority group members and  women. Such procedures may require after notice in a  bid  solicitation,  the  submission  of  a  minority and women workforce utilization 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  workforce  utilization   program   adopted  hereunder.    The  authority  may take appropriate action, including the  impositions of sanctions for non-compliance to effectuate the provisions  of this section and shall be responsible for monitoring compliance  with  this title.    3. In the performance of projects pursuant to this title, minority and  women-owned  business  enterprises  shall  be  given the opportunity for  meaningful participation. The  authority  shall  establish  quantifiable  standards and measures and procedures to secure meaningful participation  and  identify  those  contracts and items of work for which minority and  women-owned  business  enterprises  may  best  bid   to   actively   and  affirmatively  promote and assist their participation in projects, so as  to  facilitate  the  award  of  a  fair  share  of  contracts  to   such  enterprises;  provided,  however,  that  nothing  in this title shall be  construed to limit the ability of the authority to assure that  qualifed  minority  and  women-owned  business  enterprises may participate in theprogram. 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  or other voting interest is owned by citizens or  permanent resident aliens  who  are  Black,  Hispanic,  Asian,  American  Indian, Pacific islander, or Alaskan native, and such ownership interest  is   real,   substantial   and  continuing  and  has  the  authority  to  independently control the day to day business decisions  of  the  entity  for  at  least  one year; and women-owned 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  to  other  voting interests of which is owned by  citizens or permanent resident aliens who are women, and such  ownership  interest  is  real,  substantial and continuing and has the authority to  independently control the day to day business decisions  of  the  entity  for at least one year.    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  order  to  implement  the  requirements and objectives of this  section, the authority shall establish procedures to monitor contractors  compliance with  provisions  hereof,  provide  assistance  in  obtaining  competing  qualified  minority  and  women-owned business enterprises to  perform contracts proposed to be awarded, impose  contractual  sanctions  for  non-compliance,  and take other appropriate measures to improve the  access  of  minority  and  women-owned  business  enterprises  to  these  contracts.    * NB There are 2 § 1020-v's

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-1-a > 1020-v

* §  1020-v. Equal employment opportunity and minority and women owned  business enterprise programs. 1.  All  contracts  entered  into  by  the  authority  pursuant  to  this title of whatever nature and all 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 existing programs of affirmative action to ensure that minority  group   persons   and  women  are  afforded  equal  opportunity  without  discrimination. Such programs shall include,  but  not  be  limited  to,  recruitment, employment, job assignment, promotion, upgrading, demotion,  transfer,   layoff,   termination,  rates  of  pay  or  other  forms  of  compensation, and  selection  for  training  and  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  it  has  a  collective  bargaining  or  other  agreement  or  understanding  and  which is involved in the performance of the contract  with the authority 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 shall state, in all solicitations or advertisements  for  employees  placed  by  or  on  behalf  of  the  contractor  in  the  performance  of  the  contract  with  the  authority  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 work in connection with  the  contract  with the authority.    2.  The  authority shall establish measures, procedures and guidelines  to ensure  that  contractors  and  subcontractors  undertake  meaningful  programs  to  employ  and  promote  qualified minority group members and  women. Such procedures may require after notice in a  bid  solicitation,  the  submission  of  a  minority and women workforce utilization 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  workforce  utilization   program   adopted  hereunder.    The  authority  may take appropriate action, including the  impositions of sanctions for non-compliance to effectuate the provisions  of this section and shall be responsible for monitoring compliance  with  this title.    3. In the performance of projects pursuant to this title, minority and  women-owned  business  enterprises  shall  be  given the opportunity for  meaningful participation. The  authority  shall  establish  quantifiable  standards and measures and procedures to secure meaningful participation  and  identify  those  contracts and items of work for which minority and  women-owned  business  enterprises  may  best  bid   to   actively   and  affirmatively  promote and assist their participation in projects, so as  to  facilitate  the  award  of  a  fair  share  of  contracts  to   such  enterprises;  provided,  however,  that  nothing  in this title shall be  construed to limit the ability of the authority to assure that  qualifed  minority  and  women-owned  business  enterprises may participate in theprogram. 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  or other voting interest is owned by citizens or  permanent resident aliens  who  are  Black,  Hispanic,  Asian,  American  Indian, Pacific islander, or Alaskan native, and such ownership interest  is   real,   substantial   and  continuing  and  has  the  authority  to  independently control the day to day business decisions  of  the  entity  for  at  least  one year; and women-owned 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  to  other  voting interests of which is owned by  citizens or permanent resident aliens who are women, and such  ownership  interest  is  real,  substantial and continuing and has the authority to  independently control the day to day business decisions  of  the  entity  for at least one year.    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  order  to  implement  the  requirements and objectives of this  section, the authority shall establish procedures to monitor contractors  compliance with  provisions  hereof,  provide  assistance  in  obtaining  competing  qualified  minority  and  women-owned business enterprises to  perform contracts proposed to be awarded, impose  contractual  sanctions  for  non-compliance,  and take other appropriate measures to improve the  access  of  minority  and  women-owned  business  enterprises  to  these  contracts.    * NB There are 2 § 1020-v's