Common use of Agreement Goals Clause in Contracts

Agreement Goals. A. For purposes of this Agreement the Fund hereby establishes goals of XX% for New York State- certified Minority-Owned Business Enterprises (MBE) participation and XX% for New York State-certified Women-Owned Business Enterprises (“WBE”) participation (collectively, “MWBE Agreement Goals”) based on the current availability of MBEs and WBEs. B. For purposes of providing meaningful participation by MWBEs on the Agreement and achieving the MWBE Agreement Goals established in Section 2A hereof, Consultant should reference the directory of New York State Certified MBWEs found at the following internet address: xxxxx://xx.xxxxxxxxxxxxxx.xxx. Additionally, the Consultant is encouraged to contact the Fund’s Opportunities Program Office at (000) 000-0000. The consultant can also reach out to the Division of Minority and Women’s Business Development at (000) 000-0000 to discuss additional methods of maximizing participation by MWBEs on the Agreement. C. Where MWBE Agreement Goals have been established herein, pursuant to 5 NYCRR §142.8, Consultant must document “good faith efforts” to provide meaningful participation by MWBEs as sub-consultants, suppliers in the performance of the Agreement. In accordance with Section 316- a of Article 15-A and 5 NYCRR §142.13, the Consultant acknowledges that if Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Agreement, such a finding constitutes a breach of contract and the Consultant shall be liable to the Fund for liquidated or other appropriate damages, as set forth herein. D. The Consultant understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR §140.1, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a contract with an MWBE serving as a supplier, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be 60 percent of the total value of the contract. The portion of a contract with an MWBE serving as a broker, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be the monetary value for fees, or the markup percentage, charged by the MWBE. E. The Consultant must document “good faith efforts,” pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBE’s as subconsultants in the performance of the Agreement. Such documentation shall include, but not necessarily be limited to: i. Evidence of outreach to MWBEs; ii. Any responses by MWBE’s to the Consultant’s outreach; iii. Copies of advertisements for participation by MWBEs in appropriate general circulation, trade and minority or women-oriented publications; iv. The dates of attendance at any pre-bid, pre- award or other meetings, if any, scheduled by the Fund with MWBEs; and v. Information describing specific steps undertaken by the Consultant to reasonably structure the Agreement scope of work to maximize opportunities for MWBE participation. Where it appears that the Consultant is unable to comply with the MWBE Agreement Goals, the Consultant may submit in writing for the Fund’s consideration, the reasons for the Consultant’s inability to meet any or all of the participation requirements together with a detailed explanation of the efforts taken by the Consultant to obtain the required MWBE participation pursuant to the provisions of New York State Executive Law Section 313 and the MWBE Regulations.

Agreement Goals. A. For purposes of this Agreement the Fund hereby establishes goals of XX% 15% for New York State- State-certified Minority-Owned Business Enterprises (MBE) participation and XX% 15% for New York State-certified Women-Owned Business Enterprises (“WBE”) participation (collectively, “MWBE Agreement Goals”) based on the current availability of MBEs and WBEs. B. For purposes of providing meaningful participation by MWBEs on the Agreement and achieving the MWBE Agreement Goals established in Section 2A hereof, Consultant should reference the directory of New York State Certified MBWEs found at the following internet address: xxxxx://xx.xxxxxxxxxxxxxx.xxx. Additionally, the Consultant is encouraged to contact the Fund’s Opportunities Program Office at (000518) 000-0000320- 1650. The consultant can also reach out to the Division of Minority and Women’s Business Development at (000) 000-0000 to discuss additional methods of maximizing participation by MWBEs XXXXx on the Agreement. C. Where MWBE Agreement Goals have been established herein, pursuant to 5 NYCRR §142.8, Consultant must document “good faith efforts” to provide meaningful participation by MWBEs XXXXx as sub-consultants, suppliers in the performance of the Agreement. In accordance with Section 316- 316-a of Article 15-A and 5 NYCRR §142.13, the Consultant acknowledges that if Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Agreement, such a finding constitutes a breach of contract and the Consultant shall be liable to the Fund for liquidated or other appropriate damages, as set forth herein. D. The Consultant understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR §140.1, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a contract with an MWBE serving as a supplier, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be 60 percent of the total value of the contract. The portion of a contract with an MWBE serving as a broker, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be the monetary value for fees, or the markup percentage, charged by the MWBE. E. The Consultant must document “good faith efforts,” pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBEXXXX’s as subconsultants in the performance of the Agreement. Such documentation shall include, but not necessarily be limited to: i. Evidence of outreach to MWBEs; ii. Any responses by MWBE’s to the Consultant’s outreach; iii. Copies of advertisements for participation by MWBEs in appropriate general circulation, trade and minority or women-oriented publications; iv. The dates of attendance at any pre-bid, pre- pre-award or other meetings, if any, scheduled by the Fund with MWBEs; and v. Information describing specific steps undertaken by the Consultant to reasonably structure the Agreement scope of work to maximize opportunities for MWBE participation. Where it appears that the Consultant is unable to comply with the MWBE Agreement Goals, the Consultant may submit in writing for the Fund’s consideration, the reasons for the Consultant’s inability to meet any or all of the participation requirements together with a detailed explanation of the efforts taken by the Consultant to obtain the required MWBE participation pursuant to the provisions of New York State Executive Law Section 313 and the MWBE Regulations.

Agreement Goals. A. For purposes of this Agreement the Fund hereby establishes goals of XX% 0% for New York State- State-certified Minority-Owned Business Enterprises (MBE) participation and XX% 0% for New York State-certified Women-Owned Business Enterprises (“WBE”) participation (collectively, “MWBE Agreement Goals”) based on the current availability of MBEs and WBEs. B. For purposes of providing meaningful participation by MWBEs on the Agreement and achieving the MWBE Agreement Goals established in Section 2A hereof, Consultant should reference the directory of New York State Certified MBWEs found at the following internet address: xxxxx://xx.xxxxxxxxxxxxxx.xxx. Additionally, the Consultant is encouraged to contact the Fund’s Opportunities Program Office at (000) 000-0000. The consultant can also reach out to the Division of Minority and Women’s Business Development at (000212) 000-0000 803- 2414 to discuss additional methods of maximizing participation by MWBEs on the Agreement. C. Where MWBE Agreement Goals have been established herein, pursuant to 5 NYCRR §142.8, Consultant must document “good faith efforts” to provide meaningful participation by MWBEs as sub-consultants, suppliers in the performance of the Agreement. In accordance with Section 316- 316-a of Article 15-A and 5 NYCRR §142.13, the Consultant acknowledges that if Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Agreement, such a finding constitutes a breach of contract and the Consultant shall be liable to the Fund for liquidated or other appropriate damages, as set forth herein. D. The Consultant understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR §140.1, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a contract with an MWBE serving as a supplier, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be 60 percent of the total value of the contract. The portion of a contract with an MWBE serving as a broker, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be the monetary value for fees, or the markup percentage, charged by the MWBE. E. The Consultant must document “good faith efforts,” pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBE’s as subconsultants in the performance of the Agreement. Such documentation shall include, but not necessarily be limited to: i. Evidence of outreach to MWBEs; ii. Any responses by MWBE’s to the Consultant’s outreach; iii. Copies of advertisements for participation by MWBEs in appropriate general circulation, trade and minority or women-women- oriented publications; iv. The dates of attendance at any pre-bid, pre- pre-award or other meetings, if any, scheduled by the Fund with MWBEs; and v. Information describing specific steps undertaken by the Consultant to reasonably structure the Agreement scope of work to maximize opportunities for MWBE participation. Where it appears that the Consultant is unable to comply with the MWBE Agreement Goals, the Consultant may submit in writing for the Fund’s consideration, the reasons for the Consultant’s inability to meet any or all of the participation requirements together with a detailed explanation of the efforts taken by the Consultant to obtain the required MWBE participation pursuant to the provisions of New York State Executive Law Section 313 and the MWBE Regulations.

Agreement Goals. A. For purposes of this Agreement the Fund hereby establishes goals of XX% % for New York State- certified Minority-Owned Business Enterprises (MBE) participation and XX% % for New York State-certified Women-Owned Business Enterprises (“WBE”) participation (collectively, “MWBE Agreement Goals”) based on the current availability of MBEs and WBEs. B. For purposes of providing meaningful participation by MWBEs on the Agreement and achieving the MWBE Agreement Goals established in Section 2A hereof, Consultant should reference the directory of New York State Certified MBWEs found at the following internet address: xxxxx://xx.xxxxxxxxxxxxxx.xxx. Additionally, the Consultant is encouraged to contact the Fund’s Opportunities Program Office at (000) 000-0000. The consultant can also reach out to the Division of Minority and Women’s Business Development at (000) 000-0000 to discuss additional methods of maximizing participation by MWBEs on the Agreement. C. Where MWBE Agreement Goals have been established herein, pursuant to 5 NYCRR §142.8, Consultant must document “good faith efforts” to provide meaningful participation by MWBEs XXXXx as sub-consultants, suppliers in the performance of the Agreement. In accordance with Section 316- a of Article 15-A and 5 NYCRR §142.13, the Consultant acknowledges that if Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Agreement, such a finding constitutes a breach of contract and the Consultant shall be liable to the Fund for liquidated or other appropriate damages, as set forth herein. D. The Consultant understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR §140.1, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a contract with an MWBE serving as a supplier, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be 60 percent of the total value of the contract. The portion of a contract with an MWBE serving as a broker, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be the monetary value for fees, or the markup percentage, charged by the MWBE. E. The Consultant must document “good faith efforts,” pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBE’s as subconsultants in the performance of the Agreement. Such documentation shall include, but not necessarily be limited to: i. Evidence of outreach to MWBEs; ii. Any responses by MWBE’s to the Consultant’s outreach; iii. Copies of advertisements for participation by MWBEs in appropriate general circulation, trade and minority or women-oriented publications; iv. The dates of attendance at any pre-bid, pre- award or other meetings, if any, scheduled by the Fund with MWBEs; and v. Information describing specific steps undertaken by the Consultant to reasonably structure the Agreement scope of work to maximize opportunities for MWBE participation. Where it appears that the Consultant is unable to comply with the MWBE Agreement Goals, the Consultant may submit in writing for the Fund’s consideration, the reasons for the Consultant’s inability to meet any or all of the participation requirements together with a detailed explanation of the efforts taken by the Consultant to obtain the required MWBE participation pursuant to the provisions of New York State Executive Law Section 313 and the MWBE Regulations.

Agreement Goals. A. For purposes of this Agreement the Fund hereby establishes goals of XX% for New York State- State-certified Minority-Owned Business Enterprises (MBE) participation and XX% for New York State-certified Women-Owned Business Enterprises (“WBE”) participation (collectively, “MWBE Agreement Goals”) based on the current availability of MBEs and WBEs. B. For purposes of providing meaningful participation by MWBEs on the Agreement and achieving the MWBE Agreement Goals established in Section 2A hereof, Consultant should reference the directory of New York State Certified MBWEs found at the following internet address: xxxxx://xx.xxxxxxxxxxxxxx.xxx. Additionally, the Consultant is encouraged to contact the Fund’s Opportunities Program Office at (000) 000-0000. The consultant can also reach out to the Division of Minority and Women’s Business Development at (000) 000-0000 to discuss additional methods of maximizing participation by MWBEs on the Agreement. C. Where MWBE Agreement Goals have been established herein, pursuant to 5 NYCRR §142.8, Consultant must document “good faith efforts” to provide meaningful participation by MWBEs as sub-consultants, suppliers in the performance of the Agreement. In accordance with Section 316- 316-a of Article 15-A and 5 NYCRR §142.13, the Consultant acknowledges that if Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Agreement, such a finding constitutes a breach of contract and the Consultant shall be liable to the Fund for liquidated or other appropriate damages, as set forth herein. D. The Consultant understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR §140.1, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a contract with an MWBE serving as a supplier, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be 60 percent of the total value of the contract. The portion of a contract with an MWBE serving as a broker, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be the monetary value for fees, or the markup percentage, charged by the MWBE. E. The Consultant must document “good faith efforts,” pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBE’s as subconsultants in the performance of the Agreement. Such documentation shall include, but not necessarily be limited to: i. Evidence of outreach to MWBEs; ii. Any responses by MWBE’s to the Consultant’s outreach; iii. Copies of advertisements for participation by MWBEs in appropriate general circulation, trade and minority or women-oriented publications; iv. The dates of attendance at any pre-bid, pre- award or other meetings, if any, scheduled by the Fund with MWBEs; and v. Information describing specific steps undertaken by the Consultant to reasonably structure the Agreement scope of work to maximize opportunities for MWBE participation. Where it appears that the Consultant is unable to comply with the MWBE Agreement Goals, the Consultant may submit in writing for the Fund’s consideration, the reasons for the Consultant’s inability to meet any or all of the participation requirements together with a detailed explanation of the efforts taken by the Consultant to obtain the required MWBE participation pursuant to the provisions of New York State Executive Law Section 313 and the MWBE Regulations.

Agreement Goals. A. a. For purposes of this Agreement the Fund hereby establishes goals of XX% 15% for New York State- State-certified Minority-Minority- Owned Business Enterprises (MBE) participation and XX% 15% for New York State-certified Women-Owned Business Enterprises (“WBE”) participation (collectively, “MWBE Agreement Goals”) based on the current availability of MBEs and WBEs. B. b. For purposes of providing meaningful participation by MWBEs on the Agreement and achieving the MWBE Agreement Goals established in Section 2A hereof, Consultant should reference the directory of New York State Certified MBWEs found at the following internet address: xxxxx://xx.xxxxxxxxxxxxxx.xxx. Additionally, the Consultant is encouraged to contact the Fund’s Opportunities Program Office at (000) 000-0000. The consultant can also reach out to the Division of Minority and Women’s Business Development at (000212) 000-0000 803- 2414 to discuss additional methods of maximizing participation by MWBEs on the Agreement. C. c. Where MWBE Agreement Goals have been established herein, pursuant to 5 NYCRR §142.8, Consultant must document “good faith efforts” to provide meaningful participation by MWBEs as sub-consultants, suppliers in the performance of the Agreement. In accordance with Section 316- 316-a of Article 15-A and 5 NYCRR §142.13, the Consultant acknowledges that if Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Agreement, such a finding constitutes a breach of contract and the Consultant shall be liable to the Fund for liquidated or other appropriate damages, as set forth herein. D. d. The Consultant understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR §140.1, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a contract with an MWBE serving as a supplier, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be 60 percent of the total value of the contract. The portion of a contract with an MWBE serving as a broker, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be the monetary value for fees, or the markup percentage, charged by the MWBE. E. e. The Consultant must document “good faith efforts,” pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBE’s as subconsultants in the performance of the Agreement. Such documentation shall include, but not necessarily be limited to: i. Evidence of outreach to MWBEs; ii. Any responses by MWBE’s to the Consultant’s outreach; iii. Copies of advertisements for participation by MWBEs in appropriate general circulation, trade and minority or women-oriented publications; iv. The dates of attendance at any pre-bid, pre- pre-award or other meetings, if any, scheduled by the Fund with MWBEs; and v. Information describing specific steps undertaken by the Consultant to reasonably structure the Agreement scope of work to maximize opportunities for MWBE participation. Where it appears that the Consultant is unable to comply with the MWBE Agreement Goals, the Consultant may submit in writing for the Fund’s consideration, the reasons for the Consultant’s inability to meet any or all of the participation requirements together with a detailed explanation of the efforts taken by the Consultant to obtain the required MWBE participation pursuant to the provisions of New York State Executive Law Section 313 and the MWBE Regulations.

Agreement Goals. A. For purposes of this Agreement the Fund hereby establishes goals of XX% XX % for New York State- certified Minority-Owned Business Enterprises (MBE) participation and XX% XX % for New York State-certified Women-Owned Business Enterprises (“WBE”) participation (collectively, “MWBE Agreement Goals”) based on the current availability of MBEs and WBEs. B. For purposes of providing meaningful participation by MWBEs on the Agreement and achieving the MWBE Agreement Goals established in Section 2A hereof, Consultant should reference the directory of New York State Certified MBWEs found at the following internet address: xxxxx://xx.xxxxxxxxxxxxxx.xxx. Additionally, the Consultant is encouraged to contact the Fund’s Opportunities Program Office at (000) 000-0000. The consultant can also reach out to the Division of Minority and Women’s Business Development at (000) 000-0000 to discuss additional methods of maximizing participation by MWBEs on the Agreement. C. Where MWBE Agreement Goals have been established herein, pursuant to 5 NYCRR §142.8, Consultant must document “good faith efforts” to provide meaningful participation by MWBEs as sub-consultants, suppliers in the performance of the Agreement. In accordance with Section 316- 316-a of Article 15-A and 5 NYCRR §142.13, the Consultant acknowledges that if Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Agreement, such a finding constitutes a breach of contract and the Consultant shall be liable to the Fund for liquidated or other appropriate damages, as set forth herein. D. The Consultant understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR §140.1, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a contract with an MWBE serving as a supplier, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be 60 percent of the total value of the contract. The portion of a contract with an MWBE serving as a broker, that shall be deemed to represent the commercially useful function performed by the MWBE, shall be the monetary value for fees, or the markup percentage, charged by the MWBE. E. The Consultant must document “good faith efforts,” pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBE’s as subconsultants in the performance of the Agreement. Such documentation shall include, but not necessarily be limited to: i. Evidence of outreach to MWBEs; ii. Any responses by MWBE’s to the Consultant’s outreach; iii. Copies of advertisements for participation by MWBEs in appropriate general circulation, trade and minority or women-oriented publications; iv. The dates of attendance at any pre-bid, pre- pre-award or other meetings, if any, scheduled by the Fund with MWBEs; and v. Information describing specific steps undertaken by the Consultant to reasonably structure the Agreement scope of work to maximize opportunities for MWBE participation. Where it appears that the Consultant is unable to comply with the MWBE Agreement Goals, the Consultant may submit in writing for the Fund’s consideration, the reasons for the Consultant’s inability to meet any or all of the participation requirements together with a detailed explanation of the efforts taken by the Consultant to obtain the required MWBE participation pursuant to the provisions of New York State Executive Law Section 313 and the MWBE Regulations.