Current through Register Vol. 46, No. 39, September 25, 2024
Each grant recipient under this Subchapter shall be
responsible for carrying out or for causing to be carried out a program for
providing affirmative action and equal employment opportunity as described in
this section. This section shall be applicable to grants awarded prior to June
1, 1989. For grants awarded after June 1, 1989, the provisions of article 15-A
of the Executive Law, Participation by Minority Group Members and Women with
Respect to State Contracts, shall apply.
(a) The office may direct each grant
recipient to submit for approval either an affirmative action policy statement
or an affirmative action plan as a condition for grant assistance. The plan or
policy statement will be required with respect to employees of the grant
recipient who will be providing design, construction and other services on the
project.
(b) The grant recipient
shall include and require that all contracts pursuant to this Subchapter and
all documents soliciting bids or proposals therefor shall contain or make
reference to the following provisions:
(1)
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 or retraining, including
apprenticeship and on-the-job training.
(2) At the request of the office or the grant
recipient 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 grant recipient 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.
(3) The contractor will state, in all
solicitations or advertisements for employees placed by or on behalf of the
contractor in the performance of the contract with the grant recipient, 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.
(4)
The contractor will include the provisions of paragraphs (1) through (3) 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 grant recipient.
(c)
(1) The grant recipient shall determine for
each prime contractor whether an affirmative action policy statement or an
affirmative action plan shall be submitted for approval. Such determination
shall be based on guidelines to be established by the office. Further, every
subcontractor with a contract whose value is $10,000 or greater shall be
required to submit to the grant recipient for its approval an affirmative
action policy statement within 10 days of selection as a subcontractor. The
grant recipient shall require every contractor and subcontractor with a
contract whose value is $50,000 or more to submit for approval an affirmative
action plan.
(2) The office may
require or cause to be required that such policy statement or plan be submitted
prior to the award of the contract. Such requirement shall be indicated in the
notice for bid solicitation.
(d) The office may establish overall goals
for project agreements to implement the affirmative action and equal employment
opportunity programs. Goals shall be a quantitative objective for employment of
minority and women workers. Goals shall be based on the following criteria:
(1) relevant demographic data;
(2) availability of minorities and women with
the requisite skills;
(3)
possibilities for recruitment of minorities and women;
(4) training which a contractor can
reasonably be able to undertake as a means of making all job titles required
for contract performance available to minorities and women;
(5) past performance in regard to affirmative
action and equal employment opportunity; and
(6) other relevant facts or
circumstances.
(e)
Procedures.
(1) The office shall establish
procedures and guidelines to ensure that the grant recipients and their
contractors and subcontractors undertake programs of affirmative action and
equal employment opportunity as required in this Part.
(2) Every contractor and every subcontractor
with a contract whose value is $10,000 or greater shall be required to submit
to the grant recipient such compliance reports relating to the operation and
implementation of its affirmative action and equal employment opportunity plan
as shall be determined by the office.
(f) Every grant recipient and its contractors
and subcontractors shall be required to make good faith efforts to meet goal
requirements. Good faith efforts may include:
(1) advertisement in appropriate general
circulation, trade and minority and women-oriented media;
(2) timely notice of job
opportunities;
(3) the development
and maintenance of lists for purposes of notifying minorities and women of
employment opportunities; and
(4)
maintenance of records required by the office for documenting the contractor's
actions which identify minorities and women soliciting employment
opportunities.
(g)
Sanctions may be imposed by the office for failure to meet goal requirements
unless the office determines that goal requirements should be waived because a
grant recipient has made a good faith effort to comply with such requirements.
Sanctions may include the following:
(1)
reduction of the agreement price;
(2) suspension or termination of the
agreement;
(3) retention of
payments until compliance is achieved; and
(4) other penalties of which a grant
recipient has notice in writing prior to or during the performance of an
agreement.
(h) Any person
having a question about any determination made pursuant to this Part may
contact the Commissioner of Parks, Recreation and Historic Preservation, Office
of Parks, Recreation and Historic Preservation, 625 Broadway, Albany, NY 12233,
(518) 474-0443.
