Lease and development agreement

(k) Contractor Participation in Associations

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(k) Contractor Participation in Associations.

The Lessee shall encourage its contractors to participate in voluntary associations which assist in fulfilling subparagraphs (1)-(16) of Section 21.3(j). The efforts of a contractor association, joint contractor-union, contractor—community or other similar group of which the contractor is a member and participant may be asserted by such contractor as fulfilling any one or more of its obligations under Section 21.3(j), provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, encourages that the concrete benefits of the program are reflected in the contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The requirement for good faith efforts to comply, however, shall remain with the contractor and the Lessee shall provide in its agreements with the contractor that failure of such a group to fulfill an obligation shall not be a defense for the contractor’ s non-compliance.

(l) Affirmative Action for All Minority Groups.

Goals for minorities and a separate single goal for women have been established. The Lessee, however, agrees to require its contractors and subcontractors to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority, and to provide that, consequently, the contractor may be in violation of its agreement with the Lessee if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation if a specific minority group of women is under-utilized).

(m) No Discrimination.

The Lessee agrees to provide that the contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

(n) No Contracts with Debarred Persons.

The Lessee agrees that it will not enter into any contract with any Person debarred from U.S. Government contracts pursuant to Executive Order 11246.

(o) Further Requirements.

The Lessee agrees to require its contractors and subcontractors, in fulfilling their obligations to the Lessee, to implement specific affirmative action steps at least as extensive as those standards prescribed in Section 21.12 hereof so as to achieve maximum results from their efforts to ensure equal employment opportunity.

(p) Maintenance of Records.

The Lessee agrees to designate a responsible official to monitor all employment related activity to ensure that EEO policy is being carried out, to submit reports relating to the contractor’s EEO obligations as may be required, and to keep records. The Lessee agrees to require that records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper or laborer), date of changes in status, hours worked per week in the indicated trade, rate of pay and location at which the work was performed. The Lessee further agrees to provide that records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors need not be required to maintain separate records.

(q) Effect of Other Laws.

Nothing herein provided shall be construed as a limitation upon the application of any applicable laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program, if applicable).

(r) Cooperation.

Without limiting any other term or provision of this Agreement, the Lessee agrees, and agrees to require its contractors and subcontractors, to cooperate with all federal, state or local agencies established for the purpose of implementing affirmative action compliance programs and the Lessee agrees, and agrees to require its contractors and subcontractors, to comply with all procedures which may be agreed to by and between the Port Authority and the Lessee.

(s) Additional Required Contract Provisions.

In addition to and without limiting any of the terms and provisions of this Agreement, the Lessee agrees to provide in its contracts and all subcontracts covering construction work, or any portion thereof, that:

(1) The contractor shall not discriminate against employees or applicants for employment because of race, creed, color, religion, national origin, ancestry, sex, age, liability for military service, disability or marital status, and shall undertake or continue existing programs of affirmative action to ensure that applicants are employed and employees are treated during employment without such discrimination. Such programs shall include, but not be limited to, recruitment or recruitment advertising, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, rates of pay or other forms of compensation, and selections for training or retraining, including apprenticeships and on the job training.

(2) At the request of either the Port Authority or the Lessee, the contractor shall request such employment agency, labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the Lessee 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.

(3) The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor in the 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.

(4) The contractor will include the provisions of subparagraphs (1) through (3) of this Section in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract.

“Contractor” as used in subparagraphs (1) through (4) of this Section shall include each contractor and subcontractor at any tier of construction.

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