§ 2050-v. Affirmative action. 1. Any contracts entered into pursuant
to this title shall contain 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 agency, the contractor shall request each
employment agency, labor union, or authorized representative of workers
with which he 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 agency 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 agency 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 agency in awarding contracts for design, construction, services
or materials, 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 one and two of this section,
the agency shall consider compliance by any contractor with the
requirements of any federal, state or local law concerning equal
employment opportunity, which may effectuate the requirements of this
section. If the agency 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 agency 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 agency 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.

6. Nothing in this section shall be construed to impair the ability of
the agency to enter into contracts in accordance with the provisions of
the general municipal law.