(b) In a loan agreement for the construction of a new facility, in
connection with prequalification of general contractors for construction of the
facility, the Authority shall require that the owner of the facility require
submission of a commitment detailing how the general contractor will expend 25%
or more of the dollar value of the general contract with one or more minority-owned businesses and 5% or more of the dollar value with one or more women-owned businesses. This commitment may be met by contractor's status as a minority-owned businesses
or women-owned businesses, by a joint venture,
or by subcontracting a portion of the work with or by purchasing materials for
the work from one or more such businesses, or by any combination thereof. Any
contract with the general contractor for construction of the new facility shall
require the general contractor to meet the foregoing obligations and shall
require monthly reporting to the Authority with respect to the status of the
implementation of the contractor's affirmative action plan and compliance with
that plan. This report shall be filed with the General Assembly. The Authority
shall require that the facility owner establish and maintain an affirmative
action program designed to promote equal employment opportunity and that
specifies the goals and methods for increasing participation by minorities and
women in a representative mix of job classifications required to perform the
respective contracts. The Authority shall file a report before March 1 of each
year with the General Assembly detailing its implementation of this subsection.
The terms "minority-owned businesses" and "women-owned businesses" have
the meanings provided in the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act.
(c) With respect to a facility owned or to be owned by the Authority, enter
or have entered into a management agreement with a tenant of the Authority to
operate the facility that requires the tenant to operate the facility for a
period at least as long as the term of any bonds issued to finance the
development, establishment, construction, erection, acquisition, repair,
reconstruction, remodeling, adding to, extension, improvement, equipping,
operation, and maintenance of the facility. Such agreement shall contain
appropriate and reasonable provisions with respect to termination, default, and
legal remedies.
(Source: P.A. 100-391, eff. 8-25-17.)
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