Non Discrimination Certificate.pdf

NON -DISCRIMINATION

AGREEMENT

The undersigned, acting by and through its duly authorized representative (the "Contractor") agrees that during the performance of the Agreement to which this undertaking is appended:

A. The Contractor shall not discriminate against any employee, or applicant for employment, because of race, religion, color, sex or national origin. As used herein, the words "shall not discriminate" shall apply without limitation to the following:

1. Recruitment, whether by advertising or other means; compensation, whether in the form of rates of pay or other forms of compensation; selection for training, including apprenticeship; promotions;

upgradings; demotions; downgrading; transfers; layoffs; and terminations.

2. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this equal employment opportunity clause.

B. The Contractor shall, in all solicitations or advertisements for employees, placed by or on behalf of the Contractor, state that qualified applicants will receive consideration for employment· without regard to race, religion, color, sex or national origin.

C. The Contractor shall send to each labor union or representative of workers with which the Contractor may have a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of the Contractor's commitments under the equal employment opportunity requirements set forth herein and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The Contractor shall furnish all information and reports required by the Authority and shall permit access to the books, records and accounts of the Contractor during. normal business hours by the Authority for the purposes of investigation so as to ascertain compliance with the foregoing requirements, including, if requested by the Authority, annual reports reflecting the nature of its work force by position, categories or classifications, and the impact on such work force by employment, promotion, layoff, resignation, transfer and termination of employees during the period covered by the report.

DATED: , 20

CONTRACTOR:

By:

CONTINUED

The undersigned, acting by and through its duly authorized representative, affirmatively undertakes that it will affirmatively encourage and solicit participation by all qualified business enterprises in the subcontracting by the undersigned of any obligation of the undersigned in the performance of the agreement to which this undertaking is appended and in the purchase of goods or services incident to the performance of such agreement, including business enterprises which are owned by or the work force of which is comprised of race, color, creed, sex or national origin minorities and disadvantaged business enterprises. Without limitation of the foregoing, with respect to minority business enterprises and disadvantaged business enterprises, the undersigned agrees that as appropriate and feasible, the undersigned will:

A. Give notice publicly and to appropriate organizations with respect to specific procurement activities of the undersigned that such activity presents contracting opportunities to minority business enterprises or disadvantaged business enterprises for the supply of goods or services to the successful subcontractor or supplier contracting with the Authority.

B. Give notice in connection with specific procurement activities of the potential availability of tax incentives with respect to the purchase of goods, property or service from minority business enterprises or disadvantaged business enterprises.

C. Engage in specific and continuing recruitment and educational efforts directed at organizations representing minority business enterprises or disadvantaged business enterprises.

D. Engage in subcontracting or purchasing procedures which, consistent with the goals of obtaining the highest quality products or services for the lowest cost, enhance opportunities for participation by minority business enterprises or disadvantaged business enterprises.

The undersigned shall maintain records with respect to its activities under this instrument. Such records shall be open to the Authority for the Authority's inspection at reasonable times.

Nothing herein contained shall require the undersigned to award any subcontractor contract for the purchase of goods or services on the basis of the race, creed, color, sex or national origin composition of the ownership or workforce of any firm.

The undersigned further acknowledges that nothing herein is intended to restrict or limit competitive bidding in the award by undersigned of any subcontract or other contract or is intended to increase the cost of any subcontractor or other contract to the undersigned.

As used herein, “disadvantaged business enterprise” means a business which has been and is its participation in the line of business in which it is engaged as a result of any one or more of the following:

A. Disadvantage as a result of prior discrimination against the business on the basis of race, creed, color, sex or national origin of its ownership or work force (i) in the award of contracts or subcontracts; (ii) in the availability of bonds or insurance; or (iii) in the availability of financing; or (iv) in membership in trade associations; or (v) in training opportunities for its work force.

B. Disadvantage because of previously inadequate working capital.

C. Disadvantaged because of pervious inability to meet bonding or insurance requirements.

D. Disadvantage attributable to the developing nature of the business enterprise and consequent limitations on the nature and extent of work which the developing business enterprise has been able to perform.

E. Disadvantage attributable to factors similar to those set forth above.

DATED: , 20

SUBCONTRACTOR:

By: