Attachment Labor Law Addendum to VSA - Art. 9.pdf

(rev. 8/2024)

LABOR LAW ADDENDUM TO AGREEMENT

This LABOR LAW ADDENDUM TO AGREEMENT ("Labor Law Addendum"), effective as of ____________, 20__, modifies that certain Agreement for Vendor Services entered into as of

_________, 20__ (“Agreement”), by and between the COUNTY OF ORANGE ("COUNTY"), and

_________________________________ ("VENDOR”) as follows:

1. The following provision is hereby added to the Agreement as Article 27:

ARTICLE 27. LABOR LAW COMPLIANCE – ARTICLE 9

Pursuant to New York State Labor Law §231(3), a schedule of wages (PRC #

______________________) required to be paid to the various classes of service employees for the performance of the SERVICES is attached to, incorporated in, and made a part of

Schedule A to this Agreement. VENDOR shall pay each employee for the performance of the SERVICES not less than the wage specified for his craft, trade or occupation in such schedule.

Pursuant to New York State Labor Law §231(6), no later than the first day upon which

SERVICES under the Agreement are performed by an employee, VENDOR shall post in a prominent and accessible place on the site where the SERVICES are performed a legible statement of all wages to be paid to the workmen employed on the SERVICES.

Pursuant to New York State Labor Law §232, an employee, employed by VENDOR, who works more than eight (8) hours in any one (1) day, or more than forty (40) hours in any workweek shall be paid wages for such overtime at a rate not less than one-and-one-half times his prevailing basic case hourly rate.

Pursuant to Labor Law §237(1), as may be amended from time to time, VENDOR, and VENDOR’s subcontractors, must provide a copy of the schedule of wages and supplements attached to this Agreement, or a subsequently issued schedule, to its subcontractors as well as any annually determined rate issued subsequent to such schedule. VENDOR shall collect from each of its subcontractors a verified statement attesting that each such subcontractor received and reviewed such schedule and agreeing that each such subcontractor will pay the applicable prevailing wages and provide the supplements specified therein.

Before final payment can be made by the COUNTY, VENDOR must file with the COUNTY a verified statement of VENDOR containing the information required by Labor Law §237(2), as may be amended from time to time, together with each verified statement required to be obtained from its subcontractors per §237(3), as may be amended from time to time.

Pursuant to New York State Labor Law §233, for a period of three (3) years after the completion of the SERVICES, VENDOR shall keep original payrolls or transcripts thereof, subscribed and confirmed by it as true, under penalties of perjury, showing the hours and days worked by each employee, the craft, trade or occupation at which such employee was employed, and the wages paid. If wages paid include sums which are not paid directly to the employees weekly and which are expended for supplements, the records required to be maintained shall include a record of such hourly payment on behalf of such employees, the supplement for which such payment has been made, and the name and address of the person to whom such payment has been made. In all such cases, VENDOR shall keep a true and inscribed copy of the agreement pursuant to which such payments are made, a record of all net payments made thereunder, and a list of all persons for whom such payments are made.

All of the foregoing records shall be kept at the site where the SERVICES are performed during all of the time that SERVICES under the Agreement are being performed.

(rev. 8/2024)

Pursuant to New York State Labor Law §239, VENDOR, on behalf of itself and its subcontractors, if any, agrees that, A. in the hiring of employees for the performance of the SERVICES under the Agreement or any subcontract thereunder within the territorial limits of the State of

New York, neither VENDOR, its subcontractors, nor any person acting on behalf of

VENDOR or its subcontractors, shall by reason of race, creed, color, national origin, age, sex or disability, discriminate against any citizen of the State of New York who is qualified and available to perform the SERVICES to which the employment relates;

B. neither VENDOR, its subcontractors, nor any person on behalf of

VENDOR or its subcontractors shall, in any manner, discriminate against or intimidate any employee hired for the performance of SERVICES under the Agreement on account of race, creed, color, national origin, age, sex or disability;

C. there may be deducted from the amount payable to VENDOR by

COUNTY under the Agreement a penalty of fifty dollars ($50.00) for each person for each day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and

D. the Agreement may be cancelled or terminated by COUNTY, and all moneys due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of A – D above.

2. By execution of this Labor Law Addendum, the parties hereto agree to the foregoing modifications to the Agreement.

3. Except as modified by this Labor Law Addendum, the Agreement shall remain unchanged and in full force and effect. The terms used in this Labor Law Addendum, unless otherwise defined herein, shall have the meanings as set forth in the Agreement. If there shall be any conflict or inconsistency between the terms and conditions of this Labor Law Addendum and the Agreement, the terms and conditions of this

Labor Law Addendum shall control.

4. A manually signed copy of this Labor Law Addendum delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal force and effect as delivery of an original signed copy of this Labor Law Addendum.

IN WITNESS WHEREOF, the parties have caused this Labor Law Addendum to be executed by their duly authorized officers as of the date first set forth above.

COUNTY OF ORANGE _____________________________________

By: ______________________________________ By: ___________________________________

Stefan (“Steven”) M. Neuhaus Name: ________________________________

County Executive Title: ________________________________