Section 1020-V. Equal employment opportunity and minority and women owned business enterprise programs  


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  • 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 the
    
      program. 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