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 40 of 67

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

6. Quarterly MWBE Contractor Compliance Report

  The Contractor is required to submit a Quarterly MWBE Contractor
  Compliance Report (Form F) to the Agency by the 10th day following each end
  of quarter over the term of the Contract documenting the progress made towards
  achievement of the MWBE goals of the Contract.

  The Agency may require the Contractor to use the NYSCS to submit utilization
  plans, record payments to subcontractors and otherwise report compliance with
  the provisions of Article 15-A of the Executive Law and regulations. Technical
  assistance can be obtained through the NYSCS website at
  https://ny.newnycontracts.com by clicking on the “Contact Us & Support” link.

  Questions regarding this program should be directed to the Department's
  Minority and Women-owned Business Program by calling (518) 474-2754.
  Potential contractors can access the NYS Directory of Certified Minority and
  Women-owned Business Enterprises on-line through the Empire State
  Development website at https://ny.newnycontracts.com. The Department
  makes no representation with respect to the availability or capability of any
  business listed in the Directory.

  7. Liquidated Damages - MWBE Participation

  a. Where the Agency determines that the Contractor is not in compliance with
  the requirements of the Contract and the Contractor refuses to comply with
  such requirements, or if Contractor is found to have willfully and intentionally
  failed to comply with the MWBE participation goals, the Contractor shall be
  obligated to pay to the Agency liquidated damages.

  b. Such liquidated damages shall be calculated as an amount equaling the
  difference between:

  i) All sums identified for payment to MWBEs had the Contractor
  achieved the contractual MWBE goals; and

  ii) All sums actually paid to MWBEs for work performed or materials
  supplied under the Contract.

  c. In the event a determination has been made which requires the payment of
  liquidated damages and such identified sums have not been withheld by the
  Agency, the Contractor shall pay such liquidated damages to the Agency
  within sixty (60) days after they are assessed. Provided, however, that if the
  Contractor has filed a complaint with the Director of the Division of Minority
  and Women’s Business Development pursuant to 5 NYCRR § 142.12,
  liquidated damages shall be payable only in the event of a determination
  adverse to the Contractor following the complaint process.

Contract Number: C1003337
Page 12 of 14, Attachment A-1 – Agency Specific Terms and Conditions