Minority Business Enterprises and Women Owned Business Enterprises. As a matter of policy the Port Authority requires the Lessee and the Lessee shall itself and shall require the general contractor or other construction supervisor and each of the Lessee’s contractors to use every good faith effort to provide for meaningful participation by Minority Business Enterprises (MBEs) and Women-owned Business Enterprises (WBEs) in the construction work that is being performed in connection with the Terminal pursuant to the provisions of this Schedule E. For purposes hereof, “Minority Business Enterprise” “(MBE)” shall mean any business enterprise which is at least fifty-one percentum owned by, or in the case of a publicly owned business, at least fifty-one percentum of the stock of which is owned by citizens or permanent resident aliens who are minorities and such ownership is real, substantial and continuing. For the purposes hereof, “Women-owned Business Enterprise” “(WBE)” shall mean any business enterprise which is at least fifty-one percentum owned by, or in the case of a publicly owned business, at least fifty-one percentum of the stock of which is owned by women and such ownership is real, substantial and continuing. A minority shall be as defined in paragraph II(c) of Part I of this Schedule E. “
Minority Business Enterprises and Women Owned Business Enterprises. The Lessee acknowledges that one of the top-priority initiatives of the Port Authority is to encourage meaningful opportunities for Minority Business Enterprises (MBEs) and Women-owned Business Enterprises (WBEs) across the full spectrum of infrastructure projects and related activities in the region. As a matter of policy, the Port Authority requires the Lessee to require that any Contractor utilized by the Lessee to perform Work on the Premises, the areas subject to the Rights of Access or O&M Access Areas, use every “good faith effort”, as that term is described in this Part II of Exhibit 19 (Affirmative Action, Equal Opportunity, Minority Business Enterprise, Women-owned Business Enterprise Requirements), to provide for meaningful participation by MBEs and WBEs in any portion of the Work that is sub-contracted by them pursuant to the provisions of this Part II of Exhibit 19 (Affirmative Action, Equal Opportunity, Minority Business Enterprise, Women-owned Business Enterprise Requirements); provided that, for the avoidance of doubt, such requirement of the Lessee set forth in the immediately preceding sentence shall not apply to Operations and Maintenance Work performed by any employees of the Lessee or of its subsidiaries. In recognition of these efforts in support of minority- and women-owned firms, the Port Authority has set goals of: (i) thirty percent (30%) combined MBE and WBE participation of the total value of the D&C Work and (ii) thirty percent (30%) combined MBE and WBE participation per annum of the total cost of Operations and Maintenance Work performed in the relevant year for which Lessee utilizes Contractors hired to perform the Operations and Maintenance Work (clauses (i) and (ii), as applicable, the “Participation Goal”). For the avoidance of doubt, the goal set forth in clause (ii) above shall not apply to Operations and Maintenance Work performed by any employees of the Lessee or of its subsidiaries. With respect to the D&C Work, as of the Effective Date, the Port Authority and the Lessee shall have cooperated and coordinated with each other in good faith and agreed to a mutually satisfactory MBE/WBE Participation Plan (as modified by mutual agreement from time to time, the “D&C Plan”) for the D&C Work, which D&C Plan shall set forth the Lessee’s implementation strategy to engage MBEs and WBEs consistent with the Participation Goal for the D&C Work. By no later than the first (1st) anniversary of the Completion Date, the Parties shall...
Minority Business Enterprises and Women Owned Business Enterprises
