[Adopted 3-13-1995]
For the purpose of this Article, the following
terms shall have the meanings set forth below:
A United States citizen or permanent resident alien who is
and can demonstrate membership in one of the following groups:
Black persons having origins in any of the black
African racial groups.
Hispanic persons of Mexican, Puerto Rican, Dominican,
Cuban, Central or Southern American of either Indian or Hispanic origin,
regardless of race.
Asian and Pacific Islander persons having origins
in any of the far east countries, Southeast Asia, the Indian subcontinent
or the Pacific islands.
Native American or Alaskan Native persons having
origins in any of the original peoples of North America.
Any business enterprise, including a sole proprietorship,
partnership or corporation, that is at least 51% owned by one or more
minority group members; an enterprise in which such minority ownership
is real, substantial and continuing; an enterprise in which such minority
ownership has and exercises the authority to control independently
the day-to-day business decisions of the enterprise; and an enterprise
authorized to do business in New York State and is independently owned
and operated. The "MBE" shall be certified under the New York State
MBE/WBE Certification Program.
Any business enterprise, including a sole proprietorship,
partnership or corporation, that is at least 51% owned by one or more
citizens or permanent resident aliens who are women; an enterprise
in which the ownership interest of such women is real, substantial
and continuing; an enterprise in which such women ownership has and
exercises the authority to control independently the day-to-day business
decisions of the enterprise; and an enterprise authorized to do business
in New York State and is independently owned and operated. The "WBE"
shall be certified under the New York State MBE/WBE Certification
Program.
The Town of West Seneca, herein after referred
to as the "town," shall include all of the following Subsections A
through F, with respect to the performance of its agreement, in every
agreement it enters into for work or services in such a manner that
such provision shall be binding upon all parties with whom such agreements
are entered into:
A.
The town shall not discriminate against employees
or applicants for employment because of race, creed, color, national
origin, ancestry, sex, age, disability, sexual orientation or marital
status and shall undertake programs of affirmative action to ensure
that such employees and applicants are afforded equal employment opportunities
without discrimination. Such action shall be taken with reference
to but no limited to recruitment, employment, job assignment, promotion,
upgrading, demotion, transfer, layoff or termination, rates of pay
or other forms of compensation and selection for training or retraining,
including apprenticeships and on-the-job training.
B.
The town shall not discriminate in the selection of
any consultant on the basis of the owner's, partner's or shareholder's
race, creed, color, national origin, ancestry, sex, age, disability,
sexual orientation or marital status.
C.
The town shall request each employment agency, labor
union and authorized representative or workers union and collective
bargaining or other agreements or understanding furnish it with a
written statement that such employment agency, labor union consultant
or representative shall not discriminate because of race, creed, color,
national origin, ancestry, sex, age, disability, sexual orientation
or marital status and that such union or representative shall affirmatively
cooperate in the implementation of the town's obligations hereunder.
D.
The town shall state in all solicitations or advertisements
for employees placed by or on behalf of the town that all qualified
applicants shall be afforded equal employment opportunities without
discrimination because of race, creed, color, national origin, ancestry,
sex, age, disability, sexual orientation or marital status.
E.
The town shall comply with the provisions of the Civil
Rights Law of the state and §§ 291 through 299 of the
Executive Law of the state, shall furnish all information and reports
deemed necessary by the owner and shall permit access to its books,
records and accounts by the owner for the purpose of monitoring compliance
with these nondiscrimination clauses, the Civil Rights Law and such
sections of the Executive Law.
F.
The town shall take such action in enforcing the foregoing
provisions as the town may direct, including sanctions and remedies
for noncompliance. If the town becomes involved in or is threatened
with litigation with any party as a result of such direction, the
town promptly shall notify the aggrieved party of such fact, and thereafter,
appropriate state agencies may intervene in such action.
A.
To the extent applicable to the project scope, the
town shall make good-faith efforts to utilize, where feasible, MBE/WBEs
for contracting opportunities.
B.
Consideration shall be given to utilizing MBE/WBEs
in joint ventures as prime corporations and as subconsultants in architectural,
engineering, planning and other professional disciplines, as well
as for subcontracting services and supplies necessary for the performance
of the proposed contract.
C.
The town will provide lists of certified MBE/WBE firms
which specialize in areas of expertise which are necessary for the
performance of any contract.
D.
The town shall achieve the above through good faith
efforts and measures, which may include but shall not be limited to
the following:
(1)
Dividing the town work to be performed in connection
with a project into smaller portions, where economically and technically
feasible.
(2)
Actively and affirmatively soliciting bids for subcontractors
from qualified MBEs and WBEs, including circulation of solicitations
to minority contractor associations.
(3)
Making plans and specifications for prospective town
work to be performed in connection with the project available to MBEs
and WBEs in sufficient time for thorough review before the required
time for submission of proposals.
(4)
Utilizing the services and cooperating with those
organizations providing technical assistance to MBEs and WBEs in connection
with MBE and WBE participation on any project.
(5)
Utilizing the qualified MBEs and WBEs referred to
the town for the purpose of soliciting bids for consultants.
(6)
Encouraging the formation of joint ventures, partnerships
or other similar arrangements among subconsultants where appropriate
to ensure that the town will meet its obligations hereunder.
(7)
Maintaining records detailing the efforts made to
involve MBEs and WBEs, including the names and addresses of MBEs and
WBEs who were contracted and, if not selected, the reason for such
decision.
