07-Appendix A-1 EEO Requirements.docx

APPENDIX A-1

EEO REQUIREMENTS

This Appendix A-1 supplements the attached Appendix A. Capitalized terms used but not defined in this Appendix A-1 shall have the meanings assigned to them in the Agreement.

1.

2. GENERAL PROVISIONS.

1.1 Application to State Contracts. Roswell Park is required to implement the provisions of Article 15-A of the Executive Law and 5 NYCRR Parts 140-147 for all “state contracts”, as defined therein, with a value: (i) in excess of $25,000 for labor, services, equipment, materials; or (ii) in excess of $100,000 for real property construction and renovation.

1.2 Scope of Application. This Appendix A-1 shall apply solely with respect to Vendor’s performance of the Agreement, and solely with respect to employment by Vendor within the state of New York.

1.3 Failure to Comply. Vendor’s failure to comply with this Appendix A-1 may result in a finding of non-responsiveness, non-responsibility and/or breach of contract, subjecting Vendor to any remedies that may be available to Roswell Park pursuant to the Agreement and Applicable Law.

1.4 Supplementary Requirements. The requirements of this Appendix A-1 shall be deemed supplementary to, and not in lieu of, the non-discrimination provisions required by Article 15 of the Executive Law (also known as the Human Rights Law) or any other Applicable Law.

3. EQUAL EMPLOYMENT OPPORTUNITIES. As to the performance of the Agreement, Vendor shall ensure equal employment opportunities are afforded without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.

4. EEO POLICY REQUIREMENTS. In accordance with Section 312 of the Executive Law and 5 NYCRR Part 143, Vendor affirms that its equal employment opportunity (“EEO”) policy includes the following requirements:

(i) Vendor will not discriminate against any employee or applicant for employment and will ensure that employment opportunities are afforded without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

(ii) At the request of Roswell Park, Vendor shall request 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, or marital status and that such union or representative will affirmatively cooperate in the implementation of Vendor’s obligations under this Section 3.

(iii) Vendor shall state, in all solicitations or advertisements for employees, that, in the performance of the Agreement, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, or marital status.

5. EEO STAFFING PLAN AND REPORTING REQUIREMENTS. Vendor shall comply with applicable EEO staffing plan and workforce utilization reporting requirements under 5 NYCRR Part 143 and Executive Order 162, unless Roswell Park has determined, in accordance with 5 NYCRR 143.3(a), that such requirements are not applicable to the Agreement.

6. CONFLICT WITH FEDERAL LAW. Roswell Park shall consider compliance by Vendor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this Appendix A-1. To the extent that any provision of this Appendix A-1 duplicates or conflicts with any federal law, Roswell Park shall waive the applicability of such provision to the extent of such duplication or conflict.