Attachment Labor Law Addendum to VSA.pdf

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 effective ____________, 20__

(“Agreement”), by and between the COUNTY OF ORANGE ("COUNTY"), _______________________________ ("VENDOR”) as follows:

1. The following provision is hereby added to the Agreement as Article 26:

ARTICLE 26. LABOR LAW COMPLIANCE – ARTICLE 8

Pursuant to New York State Labor Law §220(2), no laborer, worker or mechanic in the employ of VENDOR, subcontractor or other person doing or contracting to do the whole or a part of the SERVICES shall be permitted or required to work more than eight (8) hours in any one (1) calendar day or more than five (5) days in any one (1) week except in cases of extraordinary emergency including fire, flood or danger to life or property. No such person shall be so employed more than eight (8) hours in any day or more than five (5) days in any one (1) week except in such emergency. Extraordinary emergency within the meaning of this provision shall be deemed to include situations in which sufficient laborers, workers and mechanics cannot be employed to carry on public work expeditiously as a result of such restrictions upon the number of hours and days of labor and the immediate commencement or prosecution or completion without undue delay of the public work is necessary in the judgment of the New York State Commissioner of Labor (“Commissioner”) for the preservation of the SERVICES site and for the protection of the life and limb of the persons using the same. Upon the application of any person interested, the Commissioner shall make a determination as to whether or not on any public project or on all public projects in any area of this state, sufficient laborers, workers and mechanics of any or all classifications can be employed to carry on SERVICES expeditiously if their labor is restricted to eight (8) hours per day and five (5) days per week, and in the event that the Commissioner determines that there are not sufficient workers, laborers and mechanics of any or all classifications which may be employed to carry on such SERVICES expeditiously if their labor is restricted to eight (8) hours per day and five (5) days per week, and the immediate commencement or prosecution or completion without undue delay of the public work is necessary in the judgment of the Commissioner for the preservation of the SERVICES site and for the protection of the life and limb of the persons using the same, the Commissioner shall grant a dispensation permitting all laborers, workers and mechanics, or any classification of such laborers, workers and mechanics, to work such additional hours or days per week on such public project or in such areas the Commissioner shall determine. Whenever such a dispensation is granted, all SERVICES in excess of eight (8) hours per day and five (5) days per week shall be considered overtime SERVICES, and the laborers, workers and mechanics performing such overtime SERVICES shall be paid a premium wage commensurate with the premium wages prevailing in the area in which the overtime SERVICES are performed. No such dispensation shall be effective with respect to any public work unless and until COUNTY certifies to the Commissioner that such public work is of an important nature and that a delay in carrying it to completion would result in serious disadvantage to the public. Time lost in any week because of inclement weather by employees engaged in the construction, reconstruction and maintenance of highways outside of the limits of cities and villages may be made up during that week and/or the succeeding three (3) weeks.

Pursuant to New York State Labor Law §220(3)(a) and (b), each laborer, workman or mechanic, employed by VENDOR, VENDOR’s subcontractor or other person to perform SERVICES shall be paid be not less than the prevailing rate of wages and supplements set by the New York State Department of Labor.

Pursuant to New York State Labor Law §220(3)(d)(iv), the filing of payrolls in a manner consistent with Labor Law §220(3-a) is a condition precedent to payment of any sums due and owing for SERVICES performed under this Agreement.

Pursuant to New York State Labor Law §220(3-a)(a)(ii), VENDOR and every subcontractor shall post in a prominent and accessible place on the site where the SERVICES are performed a legible statement of all wage rates and supplements specified in this Agreement for the various classes of mechanics, workers, or laborers employed to perform the SERVICES. Posted statements shall be written in plain English and titled, in lettering no smaller than two (2) inches high and two (2) inches wide, “Prevailing Rate Vendor Wages,” and constructed of materials capable of withstanding adverse weather conditions. VENDOR and subcontractors shall notify all laborers, workers or mechanics in their employ in writing of the prevailing wage rate for their particular job classification. Such notification shall be given to every laborer, worker or mechanic on their first pay stub and with every pay stub thereafter. At the beginning of performance of the SERVICES, and with the first paycheck after July first of each year, VENDOR and subcontractor shall notify all laborers, workers, and mechanics in their employ in writing, in accordance with such form as is prescribed by the Commissioner, of the telephone number and address for the Commissioner. The notice shall also inform each laborer, worker, or mechanic of his or her right to contact the Commissioner, or some other representative if, at any time while working for VENDOR or subcontractor, he or she does not receive the proper prevailing wage rate or supplements for his or her particular job classification that he or she is entitled to receive under this Agreement.

Pursuant to New York State Labor Law §220 (3-a)(a)(iii), VENDOR and subcontractors shall keep original payrolls or transcripts thereof, subscribed and sworn to or affirmed by him or her as true under the penalties of perjury, setting forth the names and addresses and showing for each worker, laborer, or mechanic the hours and days worked, the occupations worked, the hourly wage rates paid and the supplements paid or provided. Where a VENDOR or subcontractor maintains no regular place of business in New York State and where the amount of this Agreement is in excess of twenty-five thousand dollars ($25,000.00), such payrolls shall be kept on the site of the SERVICES. All other contractors or subcontractors shall produce within five (5) days on the site of the SERVICES and upon formal order of the Commissioner, or his or her designated representative, such original payrolls or transcripts thereof, subscribed and sworn to or affirmed by him or her as true under the penalties of perjury, as may be deemed necessary to adequately enforce the provisions Article 8 of the New York State Labor Law. Every VENDOR and subcontractor shall submit to COUNTY within thirty (30) days after issuance of its first payroll, and every thirty (30) days thereafter, a transcript of the original payroll record subscribed and sworn to or affirmed as true under the penalties of perjury.

Pursuant to New York State Labor Law §220-d, prevailing wage rates and supplements have been included as an attachment or appendix to this Agreement. VENDOR shall pay laborers, workingmen and mechanics performing SERVICES not less than such prevailing wage rates and supplements.

Pursuant to New York State Labor Law §220-e, VENDOR, on behalf of itself and its subcontractors, hereby agrees that, A. in the hiring of employees for the performance of SERVICES under this Agreement or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of VENDOR or subcontractor, shall by reason of race, creed, color, disability, sex or national origin 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. no contractor, subcontractor, nor any person on their behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of SERVICES under this Agreement on account of race, creed, color, disability, sex or national origin;

C. there may be deducted from the amount payable to VENDOR by the state or COUNTY under this Agreement a penalty of fifty dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this Agreement;

D. this Agreement may be cancelled or terminated by COUNTY, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this provision; and

E. the aforesaid provisions covering every agreement for or on behalf of COUNTY for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York.

Pursuant to New York State Labor Law §220-h, if the not-to-exceed cost of this Agreement is at least two hundred fifty thousand dollars ($250,000.00) all laborers, workers, and mechanics employed in the performance of this Agreement on the SERVICES site, either by VENDOR, subcontractor or other person doing or contracting to do the whole or a part of the SERVICES contemplated by this Agreement, shall be certified prior to performing any SERVICES as having successfully completed a course in construction safety and health approved by the United States Department of Labor's Occupational Safety and Health Administration that is at least ten (10) hours in duration.

Pursuant to New York State Labor Law §222(d), a) the design of the SERVICES shall be subject to the review and approval of COUNTY, if applicable; and b) VENDOR shall furnish performance and payment bonds as specified in this Agreement, which bonds must conform to the provisions of state or local law, and copies of which shall be kept by COUNTY and be open to public inspection.

Pursuant to New York State Labor Law §222(e), COUNTY shall consider the financial and organizational capacity of VENDOR and subcontractors in relation to the magnitude of SERVICES they may perform, the record of performance of VENDOR and subcontractors on previous work, the record of VENDOR and subcontractors in complying with existing labor standards and maintaining harmonious labor relations, and the commitment of VENDOR to work with minority and women-owned business enterprises pursuant to Article 15-A of the New York State Executive Law through joint ventures of subcontractor relationships. If the not-to-exceed cost of this Agreement is in excess of five hundred thousand dollars ($500,000.00), VENDOR and each subcontractor shall participate in apprentice training programs in the trades of work it employs that have been approved by the New York State Department of Labor for not less than three (3) years and shall have graduated at least one (1) apprentice in the last three (3) years and shall have at least one (1) apprentice currently enrolled in such apprenticeship training program. In addition, it must be demonstrated that the program has made significant efforts to attract and retain minority apprentices, as determined by affirmative action goals established for such program by the New York State Department of Labor.

Pursuant to New York State Labor Law §222-a, in the construction of public works wherein a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Industrial Board of Appeals, the installation, maintenance and effective operation of such appliances and methods is required. Failure to comply with this provision shall void this Agreement.

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 VENDOR

By: ______________________________________ By: _______________________________________

STEFAN (“STEVEN”) M. NEUHAUS NAME: ___________________________________

COUNTY EXECUTIVE TITLE: ____________________________________

Date: ________________________ Date: _______________________