Minority-Owned Business Grants by nfh20076

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									                       THE

                  SUFFOLK COUNTY

              AFFIRMATIVE ACTION PLAN




     CONTRACTS AND GRANTS PROGRAM FOR W/MBE’S

INFORMATION, FORMS AND INSTRUCTIONS FOR CONTRACTORS




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A.   POLICY STATEMENT



                  One of the goals of the Suffolk County Affirmative Action Plan is

                  to prohibit discrimination and provide equal opportunity to qualified

                  applicants for contract, subcontracts and grants with the County.



                  Suffolk County is committed to assure compliance with all Federal and

                  State requirements designed to guarantee that protected classes have

                  equal access to contracting opportunities.



B.   SUFFOLK COUNTY CONTRACTING REQUIREMENTS



     1.   Required Provisions



             a)   The contractor will not discriminate against employees or applicants for

             employment because of race, creed, color, national origin, sex, age,

             disability, Vietnam Era Veteran status or marital status, and will

             undertake or continue existing programs of affirmative action to ensure

             that women and minority group members are afforded equal employment

             opportunities without discrimination. Affirmative action shall mean

             recruitment, employment, job assignment, promotion, upgradings,

             demotion, transfer, layoff, or termination and rates of pay or other forms

             of compensation.



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b)   The contractor shall require each employment agency, labor union, or authorized

representative of workers with which it has a collective bargaining or other agreement or

understanding, to furnish a written statement that such employment agency, labor union

or representative will not discriminate on the basis of race, creed, color, national origin,

sex, age, disability, Vietnam Era Veteran status or marital status and that such union or

representative will affirmatively cooperate in the implementation of the contractor’s

obligations herein.



c)   The contractor shall state, in all solicitations or advertisements for employees, that,

in the performance of the Suffolk County contract, all qualified applicants will be

afforded equal employment opportunities without discrimination because of race, creed,

color, national origin, sex, age, disability, Vietnam Era Veteran status or marital status.



d)   The contractor shall include the provisions of section “a”, “b” and “c” in every

subcontract, in such a manner that the provisions will be binding upon each

subcontractor for all work in connection with the Suffolk County contract.



e)   The contractor shall use all good faith efforts to implement the Suffolk County

Women and Minority owned business enterprise program and to solicit active

participation by enterprises identified in the “Suffolk County Women/Minority Business

Enterprise Directory” (“County W/MBE Directory”) as certified women and minority-

owned business enterprises.




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f)   Definitions:



       (1) Women-owned business enterprise: A business enterprise, including a sole

            proprietorship, partnership or corporation that is:

            a.      At least fifty-one percent owned by one or more citizens or permanent

            resident aliens who are women;

            b.      An enterprise in which the ownership interest of such women is real,

            substantial and continuing;

            c.      An enterprise in which such women ownership has and exercises the

            authority to control and operate, independently, the day-to-day business

            decisions of the enterprise; and

            d.      An enterprise authorized to do business in New York State and which

`           is independently owned and operated.



       (2) Minority-owned business enterprise: A business enterprise, including a sole

            proprietorship, partnership or corporation that is:

            a.      At least fifty-one percent owned by one or more minority group

            members;

            b.      An enterprise in which such minority ownership is real, substantial

            and continuing;

            c.      An enterprise in which such minority ownership has and exercises the

            authority to control and operate, independently, the day-to-day business

            decisions of the enterprise; and



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    d.     An enterprise authorized to do business in New York State and is

    independently owned and operated.



(3) Minority group member: A United States citizen or permanent resident

alien who is and can demonstrate membership in one of the following groups:

    a.     Black persons having origins in any of the Black African racial

    groups;

    b.     Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,

    Central or South American descent of either Indian or Hispanic origin,

    regardless of race;

    c.     Native American persons having origins in any of the original peoples

    of North America;

    d.     Asian and Pacific Islander persons having origins in any of the Far

    East countries, South East Asia, the Indian subcontinent or the Pacific

    Islands.



(4) Utilization Plan: A plan prepared by a contractor and submitted in

    connection with a proposed Suffolk County contract and shall indicate what

    measures and procedures the contractor intends to take to utilize

    women/minority business enterprises for the project which is the subject of

    the bid proposal.




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(5) Contractor: An individual, a business enterprise including a sole

    proprietorship, a partnership, a corporation, a not-for-profit corporation, or

    any other party to a County contract, or a bidder in conjunction with the

    award of a County contract or a proposed party to a County contract for the

    purchase of services or goods.



(6) Contract: A written agreement or purchase order instrument, or

    amendment thereto, whereby a County agency is committed to expend or

    does expend funds in return for labor, services, supplies, equipment,

    materials or any combination of the foregoing, to be performed for, or

    rendered or furnished to the County agency, or a written agreement whereby

    a County agency is committed to expend or does expend funds for the

    acquisition, construction, demolition, replacement, major repair or

    renovation of real property and improvements thereon;



(7) Subcontract: An agreement providing for the construction, demolition,

    replacement, major repair, renovation, planning or design of real property

    and improvements thereon or services between a contractor and any

    individual or business enterprise, including a sole proprietorship,

    partnership, corporation, or not-for-profit corporation, in which a portion of

    a contractor’s obligation under a County contract is undertaken or assumed,

    but shall not include any construction, demolition, replacement, major



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       repair, renovation, planning or design or real property or improvements

       theron or services for the beneficial use of the contractor.



g) The contractor shall be required to acknowledge that after bid opening and prior

to contract award, such contractor will be required to submit a “Detailed Utilization

Plan” (“Utilization Plan”).



h) The contractor’s Utilization Plan shall include, but not limited to:



       (1) identification of the certified women or minority owned business enterprises

       that have committed to perform work in connection with the proposed Suffolk

       County contract as well as any such enterprises which the contractor intends to

       use in connection with the contractor’s performance of the proposed Suffolk

       County contract;



       (2) whether the contractor has advertised in general circulation media, trade

       association publications, and women-focus and minority-focus media and if so,

       the names of such media and publications and the dates of the advertisements;



       (3) whether certified women/minority businesses which have been solicited by

       the contractor have responded in a timely fashion to the contractor’s requests for

       proposal or solicitations for timely competitive bid quotations;




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       (4) whether there has been written notification to appropriate certified

       women/minority businesses that appear in the County W/MBE Directory or State

       Directory if applicable;



       (5) a description of the contract scope of work which the contractor intends to

       structure to increase the participation by certified women and minority-owned

       business enterprises on the Suffolk County contract;



       (6) the estimated or, if known, actual dollar amounts to be paid to certified

       women and minority-owned enterprises and the performance dates of each

       component of the Suffolk County contract which the contractor intends to be

       performed by a certified W/MBE; and



       (7) documentation of the contractor’s actual utilization of women/minority

       business enterprises during the previous year.



i) If selected as the lowest responsible bidder, the contractor shall submit periodic

reports relating to the operation and implementation of the submitted utilization plan,

including a final report at the end of the contract term. A contractor compliance report

shall include, but not be limited to:




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      (1) the name, address and telephone number of each certified women and

      minority-owned business enterprise the contractor is using or intends to use to

      comply with the utilization plan;



      (2) a brief description of the contract scope of work to be performed for the

      contractor by each certified women and minority-owned business enterprise and

      the scheduled dates for performance;



      (3) a statement of whether the contractor has a written agreement with each

      certified women and minority-owned business enterprise and, if requested, copies

      of such agreements;



      (4) the actual total cost of the contract scope of work to be performed by each

      certified women and minority-owned business enterprise for the contract; and



      (5) documentation of the actual amounts of any payments made by the

      contractor to each certified women and minority-owned business enterprise as of

      the submission date of the compliance report.



j) In the event of the contractor’s noncompliance with the non-discrimination clauses

and W/MBE requirements of any County contract such contract may be cancelled,

terminated or suspended in whole or in part.




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k) Failure to comply with the non-discrimination clauses and W/MBE requirements

of any County contract shall be a factor in determining whether a contractor is in

default of such contract. Upon request, a contractor who is declared in default of a

contract may be notified of the grounds for notice of default on such contract.




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                                  AFFIDAVIT AND CERTIFICATION




STATE OF NEW YORK)
COUNTY OF SUFFOLK)

____________________________________________________, being duly sworn, deposes and says that he
resides at _________________________________________________________________________________
_________________________________________________________________________________________.

That the bidder hereby agrees that every good faith effort shall be made to solicit and utilize certified
women/minority businesses on this project through either subcontracting to and/or entering into
purchase or service agreements. That the undersigned has recognized and acknowledged that the
statements herein are being given under oath and any material misrepresentation will be grounds for
terminating any contract which may be awarded in reliance hereon. That this affidavit and statements
herein are made knowing that the truth of the contents hereof will be relied upon.


                                                  _____________________________________________

Sworn to before me this
______day of ____________________, 200_

_____________________________________
Notary Public



STATE OF NEW YORK)
COUNTY OF SUFFOLK)

On the ____day of ______________________, 200_, before me personally came ______________________
To be known to be the individual described in and who executed the foregoing instrument and
acknowledged that __he executed same.


                                                  ________________________________________________
                                                  Notary Public


BIDDER WHO FAILS OR REFUSES TO COMPLETE AND RETURN THIS AFFIDAVIT SHALL
NOT BE DEEMED A RESPONSIVE BIDDER AND WILL NOT BE ACKNOWLEDGED.
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