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STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A requested by the purchasing unit of the agency contracting to employment opportunities without discrimination because of purchase the goods or services or lease the real or personal race, creed, color, national origin, sex, age, disability or marital property covered by this contract or lease. The information is status. maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Contractor will include the provisions of “(a), (b) and (c)” Office of the State Comptroller, 110 State Street, Albany, New above, in every subcontract over $25,000.00 for the York 12236. construction, demolition, replacement, major repair, renovation, planning or design of real property and 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR improvements thereon (the “Work”) except where the Work is MINORITIES AND WOMEN. In accordance with Section for the beneficial use of the Contractor. Section 312 does not 312 of the Executive Law and 5 NYCRR Part 143, if this apply to: (i) work, goods or services unrelated to this contract; contract is: (i) a written agreement or purchase order or (ii) employment outside New York State. The State shall instrument, providing for a total expenditure in excess of consider compliance by a contractor or subcontractor with the $25,000.00, whereby a contracting agency is committed to requirements of any federal law concerning equal employment expend or does expend funds in return for labor, services, opportunity which effectuates the purpose of this clause. The supplies, equipment, materials or any combination of the contracting agency shall determine whether the imposition of foregoing, to be performed for, or rendered or furnished to the the requirements of the provisions hereof duplicate or conflict contracting agency; or (ii) a written agreement in excess of with any such federal law and if such duplication or conflict $100,000.00 whereby a contracting agency is committed to exists, the contracting agency shall waive the applicability of expend or does expend funds for the acquisition, construction, Section 312 to the extent of such duplication or conflict. demolition, replacement, major repair or renovation of real Contractor will comply with all duly promulgated and lawful property and improvements thereon; or (iii) a written agreement rules and regulations of the Department of Economic in excess of $100,000.00 whereby the owner of a State assisted Development’s Division of Minority and Women’s Business housing project is committed to expend or does expend funds Development pertaining hereto. for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements 13. CONFLICTING TERMS. In the event of a conflict thereon for such project, then the following shall apply and by between the terms of the contract (including any and all signing this agreement the Contractor certifies and affirms that attachments thereto and amendments thereof) and the terms of it is Contractor’s equal employment opportunity policy that: this Appendix A, the terms of this Appendix A shall control. (a) The Contractor will not discriminate against employees or 14. GOVERNING LAW. This contract shall be governed by applicants for employment because of race, creed, color, the laws of the State of New York except where the Federal national origin, sex, age, disability or marital status, shall make supremacy clause requires otherwise. and document its conscientious and active efforts to employ and utilize minority group members and women in its work force 15. LATE PAYMENT. Timeliness of payment and any on State contracts and will undertake or continue existing interest to be paid to Contractor for late payment shall be programs of affirmative action to ensure that minority group governed by Article 11-A of the State Finance Law to the extent members and women are afforded equal employment required by law. opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, 16. NO ARBITRATION. Disputes involving this contract, upgradings, demotion, transfer, layoff, or termination and rates including the breach or alleged breach thereof, may not be of pay or other forms of compensation; submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent (b) at the request of the contracting agency, the Contractor shall jurisdiction of the State of New York. request each employment agency, labor union, or authorized representative of workers with which it has a collective 17. SERVICE OF PROCESS. In addition to the methods of bargaining or other agreement or understanding, to furnish a service allowed by the State Civil Practice Law & Rules written statement that such employment agency, labor union or (“CPLR”), Contractor hereby consents to service of process representative will not discriminate on the basis of race, creed, upon it by registered or certified mail, return receipt requested. color, national origin, sex, age, disability or marital status and Service hereunder shall be complete upon Contractor’s actual that such union or representative will affirmatively cooperate in receipt of process or upon the State’s receipt of the return the implementation of the Contractor’s obligations herein; and thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in (c) the Contractor shall state, in all solicitations or writing, of each and every change of address to which service advertisements for employees, that, in the performance of the of process can be made. Service by the State to the last known State contract, all qualified applicants will be afforded equal address shall be sufficient. Contractor will have thirty (30) Contract Number: # Page 5 of 7, Contract for Grants - Appendix A June 2023