Southtowns Record

SUPPORTING DOCUMENTS-2

Government
Town of Aurora
Board
Town Board
Meeting
Feb 9, 2026
Kind
Agenda packet
Topics
Budget and taxes, Audits and oversight, Parks and recreation, Zoning and land use

Original document

Same meeting

Text · page 39 of 67

Read the whole document on one page (all 67 pages, each with its own heading)

in any proceeding under the Human Rights Law, and shall also follow the
  requirements of the Human Rights Law with regard to non-discrimination on
  the basis of prior criminal conviction and prior arrest.

  4. MWBE Utilization Plan

  a. The Contractor represents and warrants that the Contractor has submitted an
  MWBE Utilization Plan or shall submit an MWBE Utilization Plan at such
  time as shall be required by the Department of State through the New York
  State Contract System (“NYSCS”), which can be viewed at
  https://ny.newnycontracts.com, provided, however, that the Contractor may
  arrange to provide such evidence via a non-electronic method to the
  Department of State, either prior to, or at the time of, the execution of the
  Contract.

  b. The Contractor agrees to adhere to such MWBE Utilization Plan for the
  performance of the Contract.

  c. The Contractor further agrees that a failure to submit and/or adhere to such
  MWBE Utilization Plan shall constitute a material breach of the terms of the
  Contract. Upon the occurrence of such a material breach, the Agency shall be
  entitled to any remedy provided herein, including but not limited to, a finding
  that the Contractor is non-responsive.

  5. Waivers

  a. If the Contractor, after making good faith efforts, is unable to achieve the
  MWBE Contract Goals stated herein, the Contractor may submit a request for
  a waiver through the NYSCS, or a non-electronic method provided by the
  Agency (use Form E - Waiver Request). Such waiver request must be
  supported by evidence of the Contractor’s good faith efforts to achieve the
  maximum feasible MWBE participation towards the applicable MWBE
  Contract Goals. If the documentation included with the waiver request is
  complete, the Agency shall evaluate the request and issue a written notice of
  approval or denial within twenty (20) business days of receipt.

  b. If the Agency, upon review of the MWBE Utilization Plan, quarterly MWBE
  Contractor Compliance Reports described in Section 6, or any other relevant
  information, determines that the Contractor is failing or refusing to comply
  with the MWBE Contract Goals and no waiver has been issued in regards to
  such non-compliance, the Agency may issue a notice of deficiency to the
  Contractor. The Contractor must respond to the notice of deficiency within
  seven (7) business days of receipt. Such response may include a request for
  partial or total waiver of MWBE Contract Goals.

Contract Number: C1003337
Page 11 of 14, Attachment A-1 – Agency Specific Terms and Conditions