Professional Documents
Culture Documents
AGREEMENT effective as of the date of the last signature hereto between the CITY OF NEW
YORK (“City”) acting by and through its Department of Housing Preservation and Development
(“Department”), having an office located at 100 Gold Street, New York, New York 10038, and
RAPID RELIABLE TESTING NY LLC (“Contractor”), a corporation having its principal office
located at 35 West 35th Street, 6th Floor, New York, NY 10001.
WHEREAS, the Department seeks to obtain the goods and/or services described in Appendix B
annexed hereto and made a part hereof and Contractor wishes to provide and/or arrange for
such goods and/or services either directly or through one or more of its affiliate medical
practices licensed and authorized to provide medical services in New York, its controlled or
managed entities and/or labor sources (collectively, “Affiliates”); and
WHEREAS, the Department has determined that there is an emergency need to procure these
goods and/or services which could not be met by a standard competitive procurement; and
WHEREAS, the parties wish to enter into this Contract to establish their respective rights and
obligations in connection with the provision of such goods and/or services;
ARTICLE I — DEFINITIONS
Section 1.01 Definitions. The following words and phrases, or pronouns used in their
stead, shall, wherever they appear in this Agreement, be construed as follows, unless a different
meaning is clear from the context:
A. “Board of Directors” or “Board” means the board of directors, board of trustees,
or a similar body vested with the duty and responsibility for management and oversight of
Contractor’s affairs as they relate to its performance under this Agreement.
B. “Budget” means the line-item costs, performance based measures, or fee-for-
service rate schedule attached hereto as Appendix C.
C. “Commissioner” or “Agency Head” means the head of the Department or his or
her duly authorized representative. The term “duly authorized representative” shall include any
person or persons acting within the limits of his or her authority.
D. “Comptroller” means the Comptroller of the City of New York.
E. “Fiscal Agent” means an entity (if any) retained by the Department, or retained by
Contractor at the direction of the Department, to issue payments to third parties on behalf of
Contractor or otherwise to assist Contractor in the administration of its financial affairs.
G. “Improper Related Party Transaction” means a Related Party Transaction that
violates Not-for-Profit Corporation Law section 715 and is not fair, reasonable, and in
Contractor’s best interest at the time Contractor’s Board approved the transaction.
Section 2.02 Future Funding. Because the period of performance contemplated by this
Agreement involves performance by Contractor in a subsequent City fiscal year(s), funding for
this Agreement is subject to the appropriation of funds for such subsequent City fiscal year(s).
Contractor also understands that the Department is under no obligation to continue its funding
after the expiration of the term of this Agreement.
Section 3.02 Budget. Contractor shall provide such services and activities in
accordance with the Budget.
Section 3.03 Payment. The Department shall pay Contractor an amount not to exceed
Four Hundred Thirty-Two Million Dollars ($432,000,000.00) for all services provided under the
Agreement. Payment shall be made in accordance with the Budget. Payment of
reimbursements for expenditures to the Contractor shall be based upon the estimated line
items and/or deliverables contained in the Budget, attached hereto as Exhibit C, and
incorporated herein. This Agreement shall not obligate the Department beyond the dollar
amount designated as the maximum contract amount in the absence of a duly executed
written contract amendment registered pursuant to Charter § 328.
C. No cost allocation plan shall be approved by the Department unless such a plan:
1. Relates to allowable costs as defined in Laws and policies of the federal,
State and City governments;
2. Relates to costs necessary for Contractor’s performance pursuant to this
Agreement;
3. Fairly and accurately reflects the actual allocable share of such cost with
respect to this Agreement;
4. Is developed in accordance with generally accepted accounting
principles; and
Section 3.05 Cost of Living Increases. Where Contractor’s industry has experienced an
increase in costs (e.g., salary, wage or fringe benefit cost of living increases, a change in the
prevailing or living wage, a renegotiated collective bargaining agreement, an industry-wide
increase in the Producer Price Index (“PPI”) for fuel or energy) that exceeds the Budget, and the
Office of Management and Budget (“OMB”) or another independent agency has determined in
writing that additional funds will be made available to a City agency for the class of contracts
pursuant to which Contractor provides the same or substantially similar services, then the
Department shall reimburse Contractor for such increases in costs to the extent that such
increases have been authorized by the City for contracts within such class of contracts and to
the extent that funds are appropriated for such purposes. Any cost of living increase will not be
effective unless and until an amendment to the Agreement is registered pursuant to Charter
§328.
Section 4.03 Advance. The amount of any advance to be paid to Contractor under this
Agreement shall be determined solely by the Department and any applicable Comptroller
directives. Advanced funds shall be used exclusively for the payment of expenditures and
obligations authorized by and properly incurred in accordance with the Budget.
Section 4.04 Financial Reporting and Invoicing. Contractor shall submit financial
reports and invoices directly related to expenditures for goods and services under this
Agreement, to the Department as reasonably requested by the Department. Contractor
acknowledges that repeated failure to submit required financial reports within the time limits
prescribed, without curing the same within ten (10) days of its due date, may result in
termination of this Agreement.
Section 4.08 Failure to Spend Funds. In the event that Contractor fails to spend funds
for any part of the Budget within the time indicated therein (i.e., the fiscal year unless otherwise
indicated) or at the level of expenditures indicated therein, the Department reserves the right, in
its discretion, to recoup any funds advanced and not spent.
Section 5.02 Deliverables and Reports. Contractor shall submit the deliverables and
periodic reports required by this Agreement, in accordance with the Scope of Work attached
hereto. Contractor shall administer such assessment tools, collect and report such data,
maintain records, make reports, and take such other actions consistent with the Scope of Work
as may be directed by the Department. The Department will evaluate the Contractor’s
performance each year in the categories of timeliness, fiscal administration, and performance.
Additional evaluation criteria or weighting of these subcategories may be specified in the Scope
of Work.
Section 5.03 Audit Disclaimers. If any audit of Contractor’s records shall include a
Disclaimer of Opinion relating to any contract with the Department or other funding sources,
said Disclaimer shall be ground for termination of this Agreement.
Section 6.03 Collective Bargaining. Contractor acknowledges that neither the City nor
the Department is responsible or shall be liable for any obligations contained in any agreement
into which Contractor or a representatives of Contractor has entered concerning the collective
bargaining rights or benefits of its employees paid in full or in part by funds provided through this
Agreement. Furthermore, Contractor agrees to abide by all applicable Laws governing the use
of funds in connection with union activities.
Section 7.02 Signage. Upon request by the Department, and if consistent with
applicable Laws and applicable lease and license requirements, Contractor will prominently
display signs inside and outside the facility(ies) used for the program indicating such information
as the program name, its sponsorship by the Department, the program activity, and the days
and hours of operation. In addition, Contractor shall prominently display inside the facility(ies)
all signs, provided by the Department, if any, advising of any of Contractor’s obligations with
regard to Equal Employment Opportunity Laws. If Contractor is concerned that signage would
adversely impact Contractor’s services, it shall notify the Department of its concern and, if
possible, recommend acceptable alternatives or modifications to the Department.
ARTICLE X — MISCELLANEOUS
Section 10.01 Headings. The article, section, and paragraph headings throughout this
Agreement are for convenience and reference only and the words contained therein shall in no
way be deemed to define, limit, describe, explain, modify or add to the interpretation or meaning
of any provision of this Agreement or the scope or intent thereof, nor in any way affect this
Agreement.
Section 10.02 Order of Priority. During the term of the Agreement, conflicts between the
various documents shall be resolved in the following order of precedence, such documents
constituting the entire Agreement between the parties:
• Rider 1: Federal Conditions (the Uniform Federal Contract Provisions Rider)];
• Standard Human Services Agreement (this document along with the attached
Access to Non-Public Areas Rider, the attached Identifying Information Rider, the
attached Indirect Cost Rate Development and Application Policies and Procedures
Manual Rider, the attached New York City Mayoral Executive Order No. 64 Rider;
the attached Rider to City Service Contracts Pursuant to NYC Admin. Code §6-145
Labor Peace Agreements for Human Services Contracts; and the attached NYC
Earned Safe and Sick Time Act Rider);
• Appendix A (General Provisions Governing Contracts for Consultants, Professional,
Technical and Human Client Services);
• Appendix B (Scope of Work);
• Appendix C (Budget); and
• The City of New York Humanitarian Emergency Response and Relief Center
Program Manual (hereby incorporated by reference) as it may be updated and
amended from time to time by the City, in the City’s sole discretion.
• The City of New York Health and Human Services Cost Policies and Procedures
Manual (hereby incorporated by reference),
Section 11.02 Training. At its sole discretion, the City may provide, either directly or
through its designee, training/technical assistance to Contractor’s employees and Board
members, relating to the management and operation of the program funded through this
Agreement. If training and/or technical assistance is made available, Contractor must commit
appropriate employees and Board members to attend/participate at training sessions, as
instructed by the City or its designee.
Section 11.03 Disclaimer. The technical assistance and training that the City, in its sole
discretion, may provide to Contractor shall not be construed to be a condition precedent to
Contractor’s obligation to provide the services funded through this Agreement in accordance
with the Scope of Work.
CDBG Rider
This CDBG Rider contains supplementary general conditions for use with procurement contracts
and subrecipient agreements that are funded in whole or in part by the U.S. Department of
Housing and Urban Development (“HUD”) under Title I of the Housing and Community
Development Act of 1974 (Pub. L. 93-383) as amended. For all procurement contracts and
subrecipient agreements funded by the Community Development Block Grant (“CDBG”)
Program, except those funded by the CDBG Disaster Recovery (“CDBG-DR”) Program, this
CDBG Rider must be included as an attachment, expressly made a part of, and incorporated by
reference. A different rider with terms specific to the CDBG-DR Program should be attached to
CDBG-DR funded procurement contracts and subrecipient agreements.
If this rider is attached to a subrecipient agreement, the agency or office must ensure that the
subrecipient agreement includes the information specific to the subaward required in 2 CFR §
200.332.
Article 1. Definitions................................................................................................... 1
Article 14. Small Firms, M/WBE Firms, and Labor Surplus Area Firms ................ 15
(a) “Act” means Title 1 of the Housing and Community Development Act of 1974 (Pub. L.
93-383) as amended.
(b) “Agency” means the entity, or entities, executing this Agreement on behalf of the City of
New York.
(c) “Agreement” means either the “contract” (as defined by 2 CFR § 200.1) between the City
and the Contractor or the agreement between the City and “Subrecipient” (as defined by 2 CFR §
200.1) as the context requires.
(f) “Contractor” and/or “Subrecipient” means the entity or entities executing this Agreement,
other than the Agency.
(g) “Equipment” means tangible personal property having a useful life of more than one
year and a per-unit acquisition cost which equals or exceeds $500, and technical equipment (i.e.
(computers, tablets, cell phones, gaming consoles, etc.) at any dollar value.
(h) “Grant” means Community Development Block Grant Program funds provided to the
City of New York by the Federal Department of Housing and Urban Development or a pass-
through entity.
(i) “Hometown Plan” means a voluntary areawide plan that was developed by
representatives of affected groups (usually labor unions, minority organizations, and contractors),
and subsequently approved by the Office of Federal Contract Compliance (OFCC), for purposes
of implementing the equal employment opportunity requirements pursuant to Executive Order
11246, as amended.
(j) “HUD” means the Secretary of Housing and Urban Development or a person authorized
to act on his or her behalf.
(k) “Program” means the New York City Community Development Block Grant Program
approved by HUD as the same may from time to time be amended.
(l) "Real property" means land, including land improvements, structures and appurtenances
thereto, but excludes moveable machinery and moveable equipment.
(m) “Subcontractor” means any person, firm or corporation, other than employees of the
Contractor or the Subrecipient, or another Subcontractor who is engaged by the Contractor or the
Subrecipient to furnish (i) services, (ii) labor or (iii) services and/or labor and materials at the site
of the work performed under this Agreement.
(a) the Agency has received from the City’s Office of Management and Budget instructions
to proceed, evidencing compliance with the National Environmental Policy Act, as
amended, and with regulations of the U.S. Department of Housing and Urban
Development, related thereto, found at 24 CFR Part 58, and
(b) the Contractor or Subrecipient has been notified of such instructions by the Agency.
Furthermore, the Contractor or Subrecipient and the City mutually agree that the
Contractor or Subrecipient shall not advance any funds, from any source without
limitation, to pay for costs intended to be paid for under this Agreement prior to the
receipt and notification described in this paragraph (a), and the City shall not reimburse
the Contractor or Subrecipient for any costs incurred in violation of this provision.
b. Contracting.
(1) To the greatest extent feasible, and consistent with existing
Federal, state, and local laws and regulations, recipients covered by this
subpart shall ensure contracts for work awarded in connection with
Section 3 projects are provided to business concerns that provide
economic opportunities to Section 3 workers residing within the
metropolitan area (or nonmetropolitan county) in which the project is
located.
(2) Where feasible, priority for contracting opportunities described
in paragraph (b)(1) of this section should be given to:
(i) Section 3 business concerns that provide economic
opportunities to Section 3 workers residing within the service
area or the neighborhood of the project, and
(ii) YouthBuild programs.
(b) The Davis-Bacon Act (40 U.S.C. §§ 3141 et seq.). In Construction contracts involving
an excess of $2000, unless exclusively in connection with the rehabilitation of residential
property containing fewer than 8 units, the Contractor shall pay and the Subrecipient shall
cause its contractors to pay all laborers and mechanics at a rate not less than those
determined by the Secretary of Labor to be prevailing for the City, which rates are to be
provided by the Agency. These wage rates are a federally mandated minimum only, and
will be superseded by any State or City requirement mandating higher wage rates. The
Contractor also agrees to comply with Department of Labor Regulations pursuant to the
Davis-Bacon Act found in 29 CFR Parts 1, 3, 5 and 7, which enforce statutory labor
standards provisions. This provision supersedes section D(1)(a) of the Uniform
Federal Contract Provisions Rider for Federally Funded Procurement Contracts.
(c) Overtime. In Construction contracts involving an excess of $2000, and subject to the
exception in 24 CFR section 570.603 (regarding the rehabilitation of residential property
containing less than 8 units), Contractor shall comply and the Subrecipient shall cause its
contractor to comply with sections 103 and 107 of the Contract Work Hours and Safe
Standards Act (40 U.S.C. §§ 3701 et seq.), which provides that no laborer or mechanic
shall be required or permitted to work more than eight hours in a calendar day or in
excess of forty hours in any workweek, unless such laborer or mechanic is paid at an
overtime rate of 1½ times his/her basic rate of pay for all hours worked in excess of these
limits. In the event of a violation of this provision, the Contractor shall not only be liable
to any affected employee for his/her unpaid wages, but shall be additionally liable to the
United States for liquidated damages. This provision supersedes section D(1)(b) of the
Uniform Federal Contract Provisions Rider for Federally Funded Procurement
Contracts.
(b) Federal Labor Standards. In Construction contracts of any amount, the Subrecipient
shall cause its Subcontractors to comply with the more detailed statement of Federal
Labor Standards annexed hereto as FEDERAL EXHIBIT 2.
4. The contractor shall implement the specific affirmative action standards provided
in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation
from which this Agreement resulted are expressed as percentages of the total hours of
employment and training of minority and female utilization the contractor should
reasonably be able to achieve in each Construction trade in which it has employees in the
covered area. Covered Construction contractors performing Construction Work in
geographical areas where they do not have a Federal or federally assisted Construction
contract shall apply the minority and female goals established for the geographical areas
where the work is being performed. Goals are published periodically in the Federal
Register in notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting officers.
The contractor is expected to make substantially uniform progress in meeting its goals in
each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by
a union with whom the contractor has a collective bargaining agreement, to refer either
minorities or women shall excuse the contractor’s obligations under these specifications,
Executive Order 11246, or the regulations promulgated pursuant thereto.
7. The contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the contractor’s compliance with these specifications
shall be based upon its effort to achieve maximum results from its actions. The
contractor shall document these efforts fully, and shall implement affirmative action steps
at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
contractor’s employees are assigned to work. The contractor, where possible,
will assign two or more women to each Construction project. The contractor
shall specifically ensure that all foremen, superintendents, and other on-site
supervisory personnel are aware of and carry out the contractor’s obligation to
maintain such a working environment, with specific attention to minority or
female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment sources
and to community organizations when the contractor or its unions have
employment opportunities available, and maintain a record of the organization’s
responses.
c. Maintain a current file of the names, addresses and telephone numbers of
each minority and female off-the-street applicant and minority or female referral
from a union, a recruitment source or community organization and of what action
was taken with respect to each such individual. If such individual was sent to the
union hiring hall for referral and was not referred back to the contractor by the
union or, if referred, not employed by the contractor, this shall be documented in
the file with the reason therefor, along with whatever additional actions the
contractor may have taken.
d. Provide immediate written notification to the Director when the union or
unions with which the contractor has a collective bargaining agreement has not
referred to the contractor a minority person or woman sent by the contractor, or
when the contractor has other information that the union referral process has
impeded the contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women, including
upgrading programs and apprenticeship and trainee programs relevant to the
contractor’s employment needs, especially those programs funded or approved
by the Department of Labor. The contractor shall provide notice of these
programs to the sources compiled under 7b above.
f. Disseminate the contractor’s EEO policy by providing notice of the
policy to unions and training programs and requesting their cooperation in
assisting the contractor in meeting its EEO obligations; by including it in any
policy manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc.; by specific review of the policy with all
9. A single goal for minorities and a separate single goal for women have been
established. The contractor, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and female,
and all women, both minority and non-minority. Consequently, the contractor may be in
violation of the Executive Order if a particular group is employed in a substantially
disparate manner (for example, even though the contractor has achieved its goals for
women generally, the contractor may be in violation of the Executive Order if a specific
minority group of women is underutilized).
10. The contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion, sex, sexual
orientation, gender identity, or national origin.
11. The contractor shall not enter into any Subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246 or suspended or
is otherwise excluded from or ineligible for participation in federal assistance programs.
12. The contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination
and cancellation of existing subcontracts as may be imposed or ordered pursuant to
Executive Order 11246, as amended, and its implementing regulations, by the Office of
Federal Contract Compliance Programs. Any contractor who fails to carry out such
sanctions and penalties shall be in violation of these specifications and Executive Order
11246, as amended.
13. The contractor, in fulfilling its obligations under these specifications, shall
implement specific affirmative action steps, at least as extensive as those standards
prescribed in paragraph 7 of these specifications, so as to achieve maximum results from
its efforts to ensure equal employment opportunity. If the contractor fails to comply with
the requirements of the Executive Order, the implementing regulations, or these
specifications, the Director shall proceed in accordance with 41 CFR § 60-4.8.
15. Nothing herein provided shall be construed as a limitation upon the application of
other laws which establish different standards of compliance or upon the application of
requirements for hiring of local or other areas residents (e.g., those under the Public
Works Employment Act of 1977 and the Community Development Block Grant
Program).
Subrecipient shall include the following provisions, which are required by 41 CFR § 60-
1.4(b), in all federally assisted contracts and subcontracts.
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action shall include, but not be limited to the
following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination
clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall not
apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
(b) Title VIII of the Civil Rights Act of 1968 (P.L. 90-284; 42 U.S.C. §§ 3602-3620), as
amended, which prohibits discrimination in the sale or rental of housing and in the
provision of brokerage services based on race, color, religion, sex, national origin,
disability, or familial status, and which requires affirmative action in the furtherance of
Fair Housing objectives.
(c) Executive Order 11063, as amended by Executive Order 12259, pursuant to regulations
issued at 24 CFR Part 107, which prohibits discrimination on the basis of race, color,
religion, sex or national origin and requires equal opportunity in housing constructed,
operated or provided with federal funds.
(d) Title VI of the Civil Rights Act of 1964 (P.L. 88-352; 42 U.S.C. §§ 2000d et seq.) and
implementing regulations in 24 CFR Part 1, which states that no person shall, on the
ground of race, color or national origin, be excluded from participation in, be denied the
benefits of, or otherwise be subject to discrimination under any Program or activity made
possible by, or resulting from, this Agreement.
(e) 24 CFR § 5.109, “Equal participation of faith-based organizations in HUD programs and
activities.”
(f) Consistent with 24 CFR § 570.614, the Contractor or Subrecipient warrants that all
services, programs, and/or Construction (including design and alteration) under this
Agreement shall be performed in accordance with all federal, state and local laws and
regulations regarding accessibility standards for persons with disabilities including, but
not limited to, the following: Section 504 of the Rehabilitation Act, the Architectural
Barriers Act of 1968 (42 U.S.C. § 4151-4157), the Uniform Federal Accessibility
Standards (Appendix A to 24 CFR Part 40 and Appendix A to 41 CFR Part 101-19,
subpart 101-19.6), and the Americans with Disabilities Act (42 U.S.C. § 12131.
The non-discrimination provisions in this Article shall be incorporated in and made a part
of all subcontracts executed in connection with this Agreement.
(h) Subrecipients shall comply with all civil-rights related requirements, pursuant to 24 CFR
§ 570.503(b)(5).
(b) The Subrecipient and Contractor shall comply with mandatory standards and policies
relating to energy efficiency that are contained in the New York State energy
conservation plan issued in compliance with the Energy Policy Conservation Act (Pub. L
94-163).
(c) This Agreement is subject to laws and authorities listed in 24 CFR § 58.5, including the
Historic Preservation Act of 1966 (Section 1 of Pub. L. No. 89-665, as amended by Pub.
L. No. 96-515; 54 U.S.C. §§ 100101 and 300101 et seq.), the Archeological and Historic
Preservation Act of 1974 (P.L. 93-291; 16 U.S.C. §§ 469-469c), Executive Order 11593
and regulations at 36 CFR Part 800. In general, this requires concurrence from the State
Historic Preservation Officer for all rehabilitation and demolition of historic properties
that are fifty years old or older or that are included on a Federal, state, or local historic
property list.
(d) This Agreement is subject to the Lead-Based Paint Poison Prevention provisions found in
24 CFR § 570.608, the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4821-
4846), the Residential Lead Based Paint Hazard Reduction Act of 1992 (U.S.C. §§ 4851-
4856, and 24 CFR Part 35, subparts A, B, J, K, and R. This provision is to be included in
all subcontracts, for work in connection with this Agreement, which relate to residential
structures.
(e) Pursuant to the provisions in 24 CFR § 570.605, Section 202(a) of the Flood Disaster
Protection Act of 1973 (42 U.S.C. § 4106), and the regulations in 44 CFR Parts 59-79
apply to this Agreement.
(b) For the procurement of all subcontracts and goods contracts, Subrecipients are required to
follow the procurement standards in 2 CFR §§ 200.318-200.327.
(b) The Contractor or Subrecipient agrees that if any income is generated from the
Community Development Block Grant Program funded activities, Contractor or
Subrecipient shall return such income to the City’s Community Development Block
Grant Program unless expressly authorized by the City. Such funds are subject to all
applicable requirements governing the use of Community Development Block Grant
funds, including 24 CFR § 570.503(b)(3), which provides that, at the end of the program
year, the City may require remittance of all or part of any program income balances
(including investments thereof) held by the Subrecipient (except those needed for
immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump
sum drawdown, or cash or investments held for section 108 security needs).
(c) All costs shall be supported by properly executed payrolls, time records, invoices,
contracts, or vouchers, or other official documentation evidencing in proper detail the
nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents, pertaining in whole or in part to the Agreement,
shall be clearly identified and readily accessible.
(d) The Subrecipient shall submit to the Agency a detailed description of its accounting,
reporting and internal control systems, including but not limited to the procedures for
cash receipts, cash disbursements, payrolls, personnel policies, fixed petty cash controls
and other systems which are necessary under the circumstances. The Agency shall
evaluate and document all systems and only upon acceptance and approval of the
accounting, reporting and internal control systems by the Agency, shall funds be
disbursed to the Subrecipient, other provisions of the Agreement notwithstanding.
(e) If required by the Federal awarding agency or elsewhere in this Agreement, the Agency
must receive a statement from the Contractor’s or Subrecipient’s chief fiscal officer or its
insurer assuring that all persons handling funds received or disbursed under this
Agreement are covered by fidelity insurance in an amount equal to cash advances from
the City. If the bond is cancelled or coverage is substantially reduced, the Contractor or
Subrecipient shall promptly notify the Agency of this fact in every case not later than 48
hours. In such event, the Agency shall not disburse any more funds to the Contractor or
Subrecipient until it has received assurance that adequate coverage has subsequently been
obtained.
(b) At such times on such forms as HUD and/or the City may require, there shall be
furnished to HUD and/or the City such statements, records, reports, data and information,
as HUD and/or the City may request pertaining to matters covered by this Agreement. At
a minimum, such forms will include the following:
(i) Annual Data Collection Report forms for the purpose of including specific
Program description, accomplishment, expenditure and beneficiary information
in the City’s Annual Performance Report.
(ii) Annual Property Register forms for the purpose of tracking the use of CDBG
purchased equipment.
(c) At any time during normal business hours and as often as the City, the Agency, HUD,
Inspector General, U.S. General Accounting Office, and/or the Comptroller General of
the United States may deem necessary, the Contractor or Subrecipient shall make
available for examination to the City, HUD, Inspector General, U.S. General Accounting
Office and/or representatives of the Comptroller General all of its books, accounts,
records, reports, files, and other papers or property with respect to all matters covered by
this Agreement and shall permit the City, HUD and/or representatives of the Comptroller
General and the U.S. General Accounting Office to audit, examine, make excerpts of, and
make transcriptions from such books, accounts, records, reports, files, and other papers or
property and to make audits of all contracts, invoices, materials, payrolls, records or
personnel, conditions of employment and other data relating to all matters covered by this
Agreement.
(c) The services furnished by Subcontractors shall be subject to the provisions hereof as if
furnished directly by the Contractor or Subrecipient, and the Contractor or Subrecipient
shall remain responsible therefor.
(b) Federal Exhibits 1 and 2 are attached to, and made a part of this CDBG Rider.
(b) Any real property under the Subrecipient’s control that was acquired or improved in
whole or in part with Community Development funds in excess of $25,000 must be used
to either (i) meet the national objectives in Section 570.208 for a period of five years after
acquisition if the property or completion of the improvements, as applicable, or (ii)
disposed in a manner which results in the Program being reimbursed in the amount of the
current fair market value of the property less any portion thereof attributable to
expenditures of non-CDBG funds for acquisition of, or improvements to, the property.
(c) Title to all equipment in excess of $500, or technical equipment of any dollar value,
purchased pursuant to this Agreement with CDBG funds or furnished by the City shall
vest in the City and the same shall be conspicuously labeled as such.
(a) Placing qualified small and minority businesses and women’s business enterprises on
solicitation lists;
(b) Assuring that small and minority businesses, and women’s business enterprises are
solicited whenever they are potential sources;
(d) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women’s business enterprises; and
(e) Using the services and assistance of the Small Business Administration, and the Minority
Business Development Agency of the Department of Commerce.
(f) If the Subrecipient publishes a work dealing with any aspect of performance under this
Agreement, or with the results of such performance, the City shall have a royalty-free,
non-exclusive irrevocable license to reproduce, publish, or otherwise use such work for
City governmental purposes.
(b) Lobbying: The Subrecipient certifies, to the best of its knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
it, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, it will
complete and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” (which is available on the HUD website or here:
https://www.hudexchange.info/resources/documents/HUD-Form-Sflll.pdf) in
accordance with its instructions; and
(3) It will require that the language of this Article 16(b) be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all sub-
subrecipients shall certify and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by 31 U.S.C. § 1352. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
(b) The City may terminate for convenience pursuant to 2 CFR § 200.340(a)(3).
1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the
“Standard Federal Equal Employment Opportunity Construction Contract Specifications” set
forth above.
2. The goals and timetables for minority and female participation, expressed in percentage terms
for the Contractor’s aggregate workforce in each trade on all Construction Work in the covered
area, are as follows:
These goals are applicable to all the Contractor’s Construction Work (whether or not it is Federal
or federally assisted) performed in the covered area. If the Contractor performs Construction
Work in a geographical area located outside of the covered area, it shall apply the goals
established for such geographical area where the work is actually performed. With regard to this
second area, the Contractor also is subject to the goals for both its federally involved and non-
federally involved Construction.
3. The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs within 10 working days of award of any Construction subcontract
in excess of $10,000 at any tier for Construction Work under the contract resulting from this
solicitation. The notification shall list the name, address and telephone number of the
subcontractor; employer identification number of the subcontractor; estimated dollar amount of
the subcontract; estimated starting and completion dates of the subcontract; and the geographical
area in which the contract is to be performed.
4. As used in this Agreement, the “covered area” is the City of New York.
Ap pli ca bili ty
T h e Pro jec t o r P ro gram to whic h th e co nst ruct ion work (1) T he work t o be perf ormed by t he cl assi fic ati on
c ov ere d by t his co nt ract p ert ai ns is b e in g ass ist e d by the request ed is not perf orm ed by a c l assif ic ati on i n t he wage
Un it e d St at es of Am e ric a an d t he f ol lo win g F ed e ral Labor determi nati on; and
St a n da rds P rovis i ons a re incl u d ed i n t his Co nt ract p ursuant (2) T he cl assi fic ati on is uti liz ed in t he area by t he
t o t h e p rov isi o ns a pp lic a bl e t o s uc h F e de ra l as sist a nce. c onst ruc ti on i ndus try ; and
A. 1 . (i ) Minimum W ag es . A ll l a b o re rs an d m ec hanics (3) T he propos ed wage rat e, inc l udi ng any bona fi de
e m pl oy ed o r wo rk in g up o n th e s it e of t h e wo rk, will be pai d f ringe benef its, bears a reas onabl e rel ati ons hi p t o t he wage
u nc o n dit i on a lly a n d n ot l ess o fte n t ha n onc e a we ek, and rat es c ont ained in the wage determi nati on.
wit h o ut s u bse q u en t de d ucti o n o r reb at e o n a ny account
(e xce pt s uch p ayro ll d e du cti o ns as a re pe rm itt ed by (b) If t he c ontract or and t he l aborers and m ec hanics t o be
re g u la ti o ns issu e d by t he Sec ret a ry of L ab o r u n der t he em pl oy ed i n t he cl assi fic ati on (if k nown), or thei r
Co p e la n d Act (2 9 CFR P art 3 ), t he f ull amo u nt of wages repres entativ es, and HUD or its des i gnee agree on the
a n d b on a f id e f rin g e be n ef its (o r cas h eq u iva l en ts thereof ) cl ass ific at i on and wage rate (inc l uding t he am ount
d u e a t t im e of paym e nt com p ut ed at rat es n ot l ess than des i gnat ed f or f ri nge benefits where appro pri at e), a report
t h ose co nt ai n e d i n t h e wage de te rm i na ti o n o f t he Sec ret ary of the act i on t ak en shall be s ent by HUD or its des ignee t o
o f La b o r wh ic h is att ac he d h e ret o a nd m a d e a p a rt hereof, t he A dm i nist rat or of t he Wage and Hour Divisi on,
re g a rdl ess of a ny c on t rac tu a l re l ati o ns hi p wh ich may be Em ploy ment St andards A dm inist rati on, U.S. Departm ent of
a l le g e d t o ex ist b et wee n t he c o nt racto r an d s uc h l aborers Labor, Washi ngton, D C. 20210. T he A dm inist rat or, or an
a n d m ech a nics . Co nt rib ut io ns m a de o r c osts re as onably authorized repres entativ e, wi ll approv e, m odify , or
a n tic ip at e d f o r bo n a f i de fri n g e be n efi ts un d e r S ection l dis approv e ev ery addit i onal cl assi fic ati on act i on wi thi n 30
(b )(2 ) of t he Davis -B aco n Act o n b eh a lf of l a borers or day s of rec ei pt and s o advis e HUD or its des ignee or wil l
m ec ha n ics a re co ns id e red wa g es p ai d to suc h l ab o rers or notify HUD or its desi gnee wit hi n the 30 -day peri od t hat
m ec ha n ics, s ub j ect t o t h e p rovis i ons of 2 9 CF R additi onal t ime is nec essary. (Approv ed by the Office of
5 . 5 (a )(1 )(iv ); a ls o, re g ul a r co nt rib ut i ons m a de o r costs M anagem ent and Budget under O MB cont rol num ber 1215 -
i nc u rre d f o r m o re th a n a we ek ly pe rio d (b ut n ot less oft en 0140. )
t h an q ua rt e rly ) un d e r p la ns, f u nds, o r p rog rams , whic h (c) I n t he ev ent the cont ract or, the l aborers or
c ov er t h e p a rt icu l ar we ekly p e ri o d, a re d e em e d to be m ec hanics to be em pl oy ed i n the cl ass ific at ion or t hei r
c on st ruc tiv ely ma d e o r i nc u rre d d u ri n g s uc h we ek ly period. repres entativ es, and HUD or its desi gnee do not agree on
S uc h la b o re rs a n d mec h a nics s h al l b e p ai d th e a p p ropri at e t he propos ed cl ass ific at ion and wage rat e (i ncl udi ng t he
wa g e rat e a n d f ri n ge b en ef its on t h e wa g e det e rm i nat i on f or am ount desi gnated f or fri nge benefits , where appropri at e),
t h e cl assif ic ati o n o f work act u al ly p e rf o rm ed , wit ho ut r egard HUD or its des i gnee s hall ref er t he questi ons, i nc luding t h e
t o sk il l, exc e pt as prov id e d i n 2 9 CFR 5. 5(a )(4). L aborers vi ews of al l i nt erest ed parti es and the recommendati on of
o r m ec ha n ics pe rf o rm in g wo rk i n mo re t h a n one HUD or its desi gnee, t o t he A dm inist rat or f or det ermi nati on.
cl ass ific at i on m ay b e c om pe ns at e d a t th e rat e s pec if ied for T he Admi nis trat or, or an authorized represent at iv e, wil l
e ac h c l assif ic ati o n f o r t h e t im e act ua lly wo rk e d t herei n: iss ue a det erm inat i on withi n 30 days of recei pt and s o
P rovi d ed , Th at t h e em p loye r’s pay rol l rec o rds acc urat ely adv is e HUD or its desi gnee or wi ll not ify HUD or its
s et f o rt h th e t im e sp e nt i n ea ch c l assif ica ti o n i n wh ich work des i gnee wit hi n the 30 -day peri od t hat addi ti onal t ime is
is p e rf orme d. T h e wa g e det erm i nat i on (inc l ud i ng any nec ess ary. (A pprov ed by t he O ffic e of M anagem ent and
a d d iti o n al c l assif ica ti o n and wa g e rat es c on fo rm e d under B udget under OMB Cont rol Num ber 1215 -0140. )
2 9 CF R 5 .5 (a )(1 )(ii ) a n d t h e Dav is -Bac o n p ost e r (WH -1321) (d) T he wage rate (inc l udi ng f ri nge benefits where
s ha ll b e p ost ed at a ll t im es by t h e c o nt ract or and its appropri at e) det ermi ne d purs uant to s ubparagraphs
s ub co nt ract o rs at t he sit e o f t h e work i n a p rom i nent and (1)(ii )(b) or (c ) of this paragraph, shall be paid to al l
a cc essi bl e, pl ace whe re it c an be e asily s e en by t he work ers performi ng work in t he cl assi fic ati on under t his
wo rk e rs. c ont rac t f rom the f i rst day on whic h work is perform ed i n
(ii) (a ) A ny cl ass o f la b o rers o r m ec h an ics wh ich is not t he cl ass ific at ion.
l ist e d i n t he wa ge d et erm in at i on a nd whic h is to be (iii) Whenever the m i nim um wage rat e pres c ri bed i n t he
e m pl oy ed u n d er th e c o nt ract s h al l b e c lass if ied in c ont rac t for a cl ass of laborers or m echanics i ncl udes a
c on fo rma nc e wit h t h e wag e d et e rm inat io n. HUD s hall f ringe benefi t whic h is not ex press ed as an hourly rat e, t he
a p p rov e a n a d dit io n al c l assi fic at io n a nd wa g e rat e and c ont rac tor s hal l ei ther pay the benefi t as st at ed in t he wage
f rin g e b e n efits th e ref or o nly wh en t h e f ol lo win g c ri teri a determi nati on or s hal l pay anot her bona fi de f ri nge benefit
h av e b e en m et: o r an hourly c as h equival ent t hereof .
2. W i thh old ing . HUD or its de si g ne e s ha ll u po n its own (ii) (a) T he c ontract or s hal l submi t week ly f or eac h week
a cti o n o r u p o n wri tt en re q ues t of a n au thoriz ed i n which any cont ract work is performed a c opy of all
re p res en ta tiv e o f th e De pa rtm e nt of L ab o r wit h hol d or pay rolls t o HUD or its designee if t he agency is a party t o
c au se t o b e wit h he l d f ro m th e c o nt ract o r u n d er th is c ont ract t he c ont rac t, but if the agenc y is not s uc h a party, the
o r a ny ot h er F e de ra l co n t ract wit h t he s am e prim e c ont rac tor wil l s ubm it t he pay rolls t o t he appl icant s ponsor,
c on t rac to r, or any ot her F ed e ra lly -assist e d c o nt ract s ubj ect or owner, as the cas e may be, f or t ransmiss i on t o HUD or
t o Davis -B ac on p rev ail i ng wa g e re qu i reme nts , wh ich is hel d i ts desi gnee. T he pay rol ls s ubm itt ed s hal l s et out
b y t h e s am e p rime c on tract o r s o muc h o f t h e acc rued acc urat ely and c om pletely al l of t he i nf orm ati on requi red t o
p ay me nts o r adv a nc es as m ay be c o nsi d e re d n ecess ary t o be mai nt ai ned under 29 CF R 5. 5(a)(3)(i ) exc ept t hat
p ay l a b ore rs a n d m ec ha n ics, i ncl u di n g a pp rentic es, f ul l s oci al sec uri ty numbers and hom e address es shall
t rai n e es an d h el p e rs, em plo ye d by t h e c o nt ract or or any not be i nc luded on weekly transm itt als . I nst ead t he
s ub co nt ract o r t he f ull a mou n t of wa g es req u i re d by t he pay rolls s hal l only need t o i ncl ude an i ndiv idual ly
c on t rac t I n t h e ev en t of f ai l u re t o pay any l a borer or i denti fyi ng num ber f or each em pl oy ee (e. g., t he last four
m ec ha n ic, i ncl u di ng any a p p re ntic e, t ra i ne e o r helper, di gi ts of t he empl oyee’ s s oci al s ec urity num ber) . T he
e m pl oy ed o r wo rk in g on t h e si te of t h e wo rk, al l o r part of required weekly pay rol l i nform ati on m ay be s ubmi tt ed in
t h e wag es re q ui re d by t h e c o nt ract, HUD o r its d esignee any f orm des i red . O pti onal Form W H -347 is avail abl e f or
m ay, aft e r writt e n not ic e t o t he c o nt ract or, spons or, t his purpose f rom t he Wage and Hour Divis ion Web site at
a p p lic a nt, or o wn e r, t ak e su ch act io n as m ay be n ecess ary htt p://www. dol. gov/ esa/whd/f orms/w h347i nst r. ht ml or its
t o c a us e t h e s us p ens i on of a ny fu rt h e r p aym ent, a dv ance, s ucc essor s ite . T he pri me c ont rac tor is res pons ibl e f or t he
o r g u a ra nt e e o f fu n ds u nt il s uc h vi ol at i o ns h ave c eas ed . s ubmiss ion of copies of pay rolls by all s ubc ontract ors .
HUD o r its d esi g ne e m ay, aft e r wri tte n n otic e to t he Contract ors and s ubc ont ract ors s hall m ai nt ai n the full
c on t rac to r, dis b urs e s uch a mo u nts wit h he l d f o r and o n s oci al s ec urity num ber and c urrent address of eac h c overed
a cc ou nt o f t h e c o nt ract or or s u bc on t ract o r t o t h e res pect ive work er, and shall prov i de them upon request t o HUD or its
e m pl oy ees to who m t hey a re d u e . T h e Com pt rol l e r G eneral des i gnee if t he agency is a party to t he c ont rac t, but if the
s ha ll m ak e s uc h d isb u rs eme n ts in t h e c as e of di rect Davis - agency is not s uch a party, t he cont ract or wil l s ubmit t he
B ac on Act c o nt rac ts. pay rolls t o t he appl icant spons or, or own er, as t he c as e
m ay be, f or t ransm issi on t o HUD or i ts des i gnee, t he
3. (i ) P ay ro lls a nd Ba si c Rec o rd s . P ay ro lls a nd basic
c ont rac tor, or t he Wage and Hour Div isi on of t he
re co rds rel ati n g t h eret o s ha ll b e m ai nt ai n e d by t he
Departm ent of Labor f or purpos es of an i nves ti gati on or
c on t rac to r d u ri n g t h e c o urse of th e wo rk p res e rv e d for a
audit of c om pl i anc e wit h prevail i ng wage requi rem ents . It
p e ri od o f t h re e y e a rs t he re aft e r fo r a ll l ab o re rs and
is not a vi ol at i on of t his s ubparagraph f or a pri me
m ec ha n ics wo rk in g at th e si te of t he wo rk . S uc h records
c ont rac tor t o require a s ubc on t rac tor t o prov i de address es
s ha ll co nt a in th e n am e, a dd ress, a n d soc i al s ec urity
and soc i al s ec urity num bers to t he prim e c ont rac tor for its
n u mb e r o f e ach s uch wo rk e r, his o r he r correct
own records, wit hout weekly s ubmiss i on t o HUD or its
cl ass ific at i on, ho u rly rat es of wa g es pa i d (i ncl u di n g rat es of
des i gnee. (A pprov ed by the Of fic e of M anagem ent and
c on t ri b ut i o ns o r cos ts a ntic i pa te d f o r b on a fi d e f ringe
B udget under OMB Cont rol Num ber 1215 -0149. )
b e n ef its o r cas h eq u iva l ents t he re of of t h e typ es d esc ri bed
i n Sec ti o n l (b )(2)(B ) o f t he Davis -b aco n Act ), d ai ly and (b) E ac h pay roll subm itt ed s hal l be acc om panied by a
we ek ly n um be r of ho u rs wo rk e d, d e duc ti o ns m a de and “St at em ent of Com pli ance,” si gned by t he c ont ract or or
a ct ua l wa g es p a id . W he n ev e r th e S ec reta r y of L abor has s ubcont ract or or his or her agent who pays or supervis es
f o un d u nd e r 2 9 CF R 5. 5 (a)(1 )(iv ) th at t h e wa g es of any t he pay ment of t he pers ons em pl oy ed under t he c ontract
l a b o re r o r m ec ha n ic inc l ud e t h e am o un t of a ny costs and s hal l c erti fy t he f ol lowing:
re as o n ab ly an tici p at e d i n pro vi di n g be n ef its un d e r a plan or
(1) T hat the pay rol l f or the pay roll period cont ai ns t he
p ro g ram d esc ri b e d in S ect io n l (b )(2 )(B ) o f t h e Davis -
i nf orm at ion required t o be provi ded under 29 CF R
B ac on Act, t h e c on t ract o r s h al l m ai nt ai n rec ords whic h
5. 5(a)(3)(ii ), the appropri at e i nf orm at ion is bei ng
s ho w t h at t h e co mmi tme nt t o p rov i de s uc h b e n efi ts is
m ai nt ained under 29 CFR 5. 5(a)(3)(i ), and t hat s uc h
e n fo rc e a bl e, th at t h e pla n o r p rog ram is fi n anci ally
i nf orm at ion is c orrect and com pl et e;
[Instructions to Agencies: This Uniform Federal Contract Provisions Rider for Federally Funded
Procurement Contracts (“Rider”) must be attached to all federally funded procurement contracts (of
any dollar amount) that are subject to 2 CFR Part 200 (Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards). This Rider does not apply to subrecipient or
subaward agreements. Procurement contracts funded by HUD’s CDBG Program, CDBG-DR Program,
or by FEMA must also include the program-specific rider.]
(1) “Awarding Entity” means the entity awarding the Contract. The Awarding Entity may be
the City or a contractor at any tier.
(3) “Commissioner” means the head of the City agency entering into this Contract.
(5) “Contract” refers to the contract or the agreement between the Awarding Entity and the
Contractor.
(6) “Contractor” means the entity performing the services pursuant to a Contract.
(7) “Federal Agency” means the U.S. agency or agencies funding this Contract in whole or in
part.
B. Termination and Remedies for Breach of Contract. The following provisions concerning
remedies for breach of contract and termination apply to Contracts between the City and the
City’s Contractor.
(1) Remedies for Breach of Contract. If the Contractor violates or breaches the Contract,
the City may avail itself of any or all of the remedies provided for elsewhere in this
Contract. If there are no remedies provided for elsewhere in this Contract, the City may
avail itself of any or all of the following remedies.
After declaring the Contractor in default pursuant to the procedures in paragraph (a) of
subdivision (2) of this section (B) below, the City may (i) withhold payment for
unsatisfactory services, (ii) suspend or terminate the Contract in whole or in part; and/or
(iii) have the services under this Contract completed by such means and in such manner,
by contract procured with or without competition, or otherwise, as the City may deem
advisable in accordance with all applicable Contract provisions and law. After
(2) Termination. The City shall have the right to terminate the Contract in whole or in part
for cause, for convenience, due to force majeure, or due to reductions in federal funding.
If the Contract does not include termination provisions elsewhere, the following
termination provisions apply:
a. Termination for Cause. The City shall have the right to terminate the Contract,
in whole or in part, for cause upon a determination that the Contractor is in
default of the Contract. Unless a shorter time is determined by the City to be
necessary, the City shall effect termination according to the following procedure:
i. Notice to Cure. The City shall give written notice of the conditions of
default signed by the Commissioner, setting forth the ground or grounds
upon which such default is declared (“Notice to Cure”). The Contractor
shall have ten (10) days from receipt of the Notice to Cure or any longer
period that is set forth in the Notice to Cure to cure the default. The
Commissioner may temporarily suspend services under the Contract
pending the outcome of the default proceedings pursuant to this section.
ii. Opportunity to be Heard. If the conditions set forth in the Notice to Cure
are not cured within the period set forth in the Notice to Cure, the
Commissioner may declare the Contractor in default. Before the
Commissioner may exercise his or her right to declare the Contractor in
default, the Contractor must be given an opportunity to be heard upon
not less than five (5) business days’ notice. The Commissioner may, in
his or her discretion, provide for such opportunity to be in writing or in
person. Such opportunity to be heard shall not occur prior to the end of
the cure period but notice of such opportunity to be heard may be given
prior to the end of the cure period and may be given contemporaneously
with the Notice to Cure.
iii. Notice of Termination. After an opportunity to be heard, the
Commissioner may terminate the Contract, in whole or in part, upon
finding the Contractor in default. The Commissioner shall give the
Contractor written notice of such termination (“Notice of Termination”),
specifying the applicable provision(s) under which the Contract is
terminated and the effective date of termination. If no date is specified in
the Notice of Termination, the termination shall be effective either 10
calendar days from the date the notice is personally delivered or 15
calendar days from the date Notice of Termination is sent by another
method. The Notice of Termination shall be personally delivered, sent by
certified mail return receipt requested, or sent by fax and deposited in a
post office box regularly maintained by the United States Postal Service
in a postage pre-paid envelope.
b. Termination for Convenience. The City shall have the right to terminate the
Contract for convenience, by providing written notice (“Notice of Termination”)
according to the following procedure. The Notice of Termination shall specify
the applicable provision(s) under which the Contract is terminated and the
effective date of termination, which shall be not less than 10 calendar days from
the date the notice is personally delivered or 15 days from the date the Notice of
Termination is sent by another method. The Notice of Termination shall be
personally delivered, sent by certified mail return receipt requested, or sent by
fax and deposited in a post office box regularly maintained by the United States
Postal Service in a postage pre-paid envelope. The basis of settlement shall be as
provided for in subparagraph (v) of paragraph (a) of subdivision (2) of this
section (B), above.
C. Standard Provisions. The Contractor shall comply with, include in its subcontracts, and cause its
subcontractors to comply with the following provisions, as applicable:
(1) Reporting. Contractor shall be required to produce and deliver such reports relating to the
services performed under the Contract as may be required by the Awarding Entity, City
or any other State or Federal governmental agency with jurisdiction.
(2) Non-Discrimination. Contractor shall not violate any Federal, State, or City law
prohibiting discrimination concerning employment, the provision of services, and, if
applicable, housing, funded by this Contract.
(3) Environmental Protection. If the Contract is in excess of $150,000, the Contractor shall
comply with all applicable standards, orders, or regulations issued under the Clean Air
Act (42 U.S.C. § 7401-7671q), Federal Water Pollution Control Act as amended (33
U.S.C. §§ 1251-1387), Section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive
Order 11738, and Environmental Protection Agency regulations (provisions of 40 CFR
Part 50 and 2 CFR Part 1532 related to the Clean Air Act and Clean Water Act).
Violations must be reported to the Federal Agency and the Regional Office of the
Environmental Protection Agency (EPA). The Contractor shall include this provision in
all subcontracts.
(4) Energy Efficiency. The Contractor shall comply with mandatory standards and policies
relating to energy efficiency that are contained in the New York State energy
conservation plan issued in compliance with the Energy Policy Conservation Act (Pub. L.
94-163).
(6) Lobbying. The Contractor certifies, to the best of its knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
it, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," (which is available on the HUD website or
here: https://www.hudexchange.info/resources/documents/HUD-Form-Sflll.pdf)
in accordance with its instructions; and
c. It will require that the language of this Section (C)(6) be included in the award
documents for all subcontracts at all tiers.
d. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by 31 U.S.C. § 1352. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
(7) Solid Waste Disposal Act. Pursuant to 2 CFR § 200.323, Contractor must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $ 10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $ 10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
(10) Documentation of Costs. All costs shall be supported by properly executed payrolls, time
records, invoices, or vouchers, or other official documentation evidencing in proper detail
the nature and propriety of the charges. All checks, payrolls, invoices, contracts,
vouchers, orders or other accounting documents, pertaining in whole or in part to the
Agreement, shall be clearly identified and regularly accessible.
(11) Records Retention. The Contractor shall retain all books, documents, papers, and records
relating to the services performed under the Contract in accordance with 2 C.F.R.
§200.334.
(12) Records Access. The Contractor shall grant access to the City, State or any other pass-
through entity, the Federal Agency, Inspectors General, and/or the Comptroller General
of the United States, or any of their duly authorized representatives, to any books,
documents, papers, and/or records of the Contractor that are pertinent to the Contract for
the purpose of making audits, examinations, excerpts, and transcripts. The right also
includes timely and reasonable access to the Contractor’s personnel for the purpose of
interview and discussion related to such documents. The rights of access in this section
are not limited to the required retention period but last as long as the records are retained.
(13) Small Firms, M/WBE Firms, and Labor Surplus Area Firms. Contractor shall take the
following affirmative steps in the letting of subcontracts, if subcontracts are to be let, in
order to ensure that minority firms, women’s business enterprises, and labor surplus area
firms are used when possible:
(a) Placing qualified small and minority businesses and women’s business
enterprises on solicitation lists;
(b) Assuring that small and minority businesses, and women’s business enterprises
are solicited whenever they are potential sources;
(c) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women’s business enterprises;
(d) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women’s business
enterprises; and
(e) Using the services and assistance of the Small Business Administration, and the
Minority Business Development Agency of the Department of Commerce.
(b) Any reports, documents, data, photographs, deliverables, and/or other materials
produced pursuant to the Contract (“Copyrightable Materials”), and any and all
drafts and/or other preliminary materials in any format related to such items
produced pursuant to the contract, shall upon their creation become the exclusive
property of the City. The Copyrightable Materials shall be considered “work-
made-for-hire” within the meaning and purview of Section 101 of the United
States Copyright Act, 17 U.S.C. § 101, and the City shall be the copyright owner
thereof and of all aspects, elements and components thereof in which copyright
protection might exist. To the extent that the Copyrightable Materials do not
qualify as “work-made-for-hire,” the Contractor hereby irrevocably transfers,
assigns and conveys exclusive copyright ownership in and to the Copyrightable
Materials to the City, free and clear of any liens, claims, or other encumbrances.
The Contractor shall retain no copyright or intellectual property interest in the
Copyrightable Materials. The Copyrightable Materials shall be used by the
Contractor for no purpose other than in the performance of this Contract without
the prior written permission of the City. The City may grant the Contractor a
license to use the Copyrightable Materials on such terms as determined by the
City and set forth in the license.
(c) The Contractor acknowledges that the City may, in its sole discretion, register
copyright in the Copyrightable Materials with the United States Copyright Office
or any other government agency authorized to grant copyright registrations. The
Contractor shall fully cooperate in this effort, and agrees to provide any and all
documentation necessary to accomplish this.
(d) The Contractor represents and warrants that the Copyrightable Materials: (i) are
wholly original material not published elsewhere (except for material that is in
the public domain); (ii) do not violate any copyright law; (iii) do not constitute
defamation or invasion of the right of privacy or publicity; and (iv) are not an
infringement, of any kind, of the rights of any third party. To the extent that the
Copyrightable Materials incorporate any non-original material, the Contractor
has obtained all necessary permissions and clearances, in writing, for the use of
such non-original material under this Contract, copies of which shall be provided
to the City upon execution of this Contract.
(e) The Contractor shall promptly and fully report to the City any discovery or
invention arising out of or developed in the course of performance of this
Contract and the Contractor shall promptly and fully report to the Government to
make a determination as to whether patent protection on such invention shall be
sought and how the rights in the invention or discovery, including rights under
any patent issued thereon, shall be disposed of and administered in order to
protect the public interest.
D. Special Provisions for Construction Contracts. If this Contract involves Construction work,
design for Construction, or Construction services, all such work or services performed by the
Contractor and its subcontractors shall be subject to the following requirements in addition to
those set forth above in paragraphs (A), (B), and (C):
(1) Federal Labor Standards. The Contractor will comply with the following:
(a) The Davis-Bacon Act (40 U.S.C. §§ 3141-3148): If required by the federal
program legislation, in Construction contracts involving an excess of $2000, and
subject to any other federal program limitations, all laborers and mechanics must
be paid at a rate not less than those determined by the Secretary of Labor to be
prevailing for the City, which rates are to be provided by the City. These wage
rates are a federally mandated minimum only, and will be superseded by any
State or City requirement mandating higher wage rates. The Contractor also
agrees to comply with Department of Labor Regulations pursuant to the Davis-
Bacon Act found in 29 CFR Parts 1, 3, 5 and 7 which enforce statutory labor
standards provisions.
(b) If required by the federal program legislation and subject to any other federal
program limitations, Sections 103 and 107 of the Contract Work Hours and Safe
Standards Act (40 U.S.C. §§ 3701-3708), which provides that no laborer or
mechanic shall be required or permitted to work more than eight hours in a
calendar day or in excess of forty hours in any workweek, unless such laborer or
mechanic is paid at an overtime rate of 1½ times his/her basic rate of pay for all
hours worked in excess of these limits, under any Construction contract costing
in excess of $2000. In the event of a violation of this provision, the Contractor
shall not only be liable to any affected employee for his/her unpaid wages, but
shall be additionally liable to the United States for liquidated damages.
(c) Copeland Anti-Kickback Act: If required by the federal program legislation and
subject to any other federal program limitations: (i) the Contractor shall comply
with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3
as may be applicable, which are incorporated by reference into this Contract; (ii)
The Contractor or subcontractor shall insert in any subcontracts the language
contained in (i) of this subsection and also a clause requiring the subcontractors
to include the language in subsection (i) in any lower tier subcontracts. The
Contractor shall be responsible for the compliance by any subcontractor or lower
tier subcontractor of this subsection; and (iii) A breach of this subsection may be
grounds for termination of the Contract, and for debarment as a contractor or
subcontractor as provided in 29 C.F.R. § 5.12.
(d) If this Contract involves Construction work, design for Construction, or
Construction services, a more complete detailed statement of Federal Labor
Standards annexed hereto as FEDERAL EXHIBIT 2. If there is a conflict
between the provisions of this Article D and FEDERAL EXHIBIT 2, the stricter
standard shall be controlling.
5. Neither the provisions of any collective bargaining agreement, nor the failure by
a union with whom the Contractor has a collective bargaining agreement, to refer either
minorities or women shall excuse the Contractor’s obligations under these specifications,
Executive Order 11246 as amended, or the regulations promulgated pursuant thereto.
9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both minority
and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a
particular group is employed in a substantially disparate manner (for example, even though the
Contractor has achieved its goals for women generally, the Contractor may be in violation of the
Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, sexual orientation, gender
identity, or national origin.
12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order
11246, as amended, and its implementing regulations, by the Office of Federal Contract
Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall
be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7
of these specifications, so as to achieve maximum results from its efforts to ensure equal
employment opportunity. If the Contractor fails to comply with the requirements of the
Executive Order, the implementing regulations, or these specifications, the Director shall proceed
in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports relating to
the provisions hereof as may be required by the Government and to keep records. Records shall
at least include for each employee the name, address, telephone numbers, Construction trade,
union affiliation if any, employee identification number when assigned, social security number,
race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status,
hours worked per week in the indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, Contractors shall not be
required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of requirements
for hiring of local or other areas residents (e.g., those under the Public Works Employment Act of
1977 and the Community Development Block Grant Program).
(3) Equal Opportunity Clause (for contracts for Construction Work) required by 41 CFR § 60-
1.4(b).
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following:
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee’s essential
job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the Contractor’s legal
duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers’ representatives of the Contractor’s commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
(g) Subcontracts
i. The Contractor will include this clause, suitably modified to identify the
parties, in all subcontracts, regardless of tier, for experimental,
developmental or research work to be performed by a subcontractor. The
subcontractor will retain all rights provided for the Contractor in this
clause, and the Contractor will not, as part of the consideration for
awarding the subcontract, obtain rights in the subcontractor’s subject
inventions.
ii. The Contractor will include in all other subcontracts, regardless of tier,
for experimental developmental or research work the patent rights clause
required by 2 CFR § 200.315(c) and Appendix II to 2 CFR Part 200.
iii. In the case of subcontracts, at any tier, when the prime award with the
Federal Agency was a contract (but not a grant or cooperative
agreement), the Agency, subcontractor, and the Contractor agree that the
mutual obligations of the parties created by this clause constitute a
contract between the subcontractor and the Federal Agency with respect
to the matters covered by the clause; provided, however, that nothing in
this paragraph is intended to confer any jurisdiction under the Contract
Disputes Act in connection with proceedings under paragraph (j) of this
clause.
(i) Preference for United States Industry. Notwithstanding any other provision of
this clause, the Contractor agrees that neither it nor any assignee will grant to any
person the exclusive right to use or sell any subject inventions in the United
(j) March-in Rights. The Contractor agrees that with respect to any subject invention
in which it has acquired title, the Federal Agency has the right in accordance with
the procedures in 37 CFR § 401.6 and any supplemental regulations of the
Federal Agency to require the Contractor, an assignee or exclusive licensee of a
subject invention to grant a nonexclusive, partially exclusive, or exclusive license
in any field of use to a responsible applicant or applicants, upon terms that are
reasonable under the circumstances, and if the Contractor, assignee, or exclusive
licensee refuses such a request the Federal Agency has the right to grant such a
license itself if the Federal Agency determines that:
i. Such action is necessary because the Contractor or assignee has not
taken, or is not expected to take within a reasonable time, effective steps
to achieve practical application of the subject invention in such field of
use.
ii. Such action is necessary to alleviate health or safety needs which are not
reasonably satisfied by the Contractor, assignee or their licensees;
iii. Such action is necessary to meet requirements for public use specified by
Federal regulations and such requirements are not reasonably satisfied by
the Contractor, assignee or licensees; or
iv. Such action is necessary because the agreement required by paragraph (i)
of this clause has not been obtained or waived or because a licensee of
the exclusive right to use or sell any subject invention in the United
States is in breach of such agreement.
(k) Special Provisions for Contracts with Nonprofit Organizations. If the Contractor
is a nonprofit organization, it agrees that:
i. Rights to a subject invention in the United States may not be assigned
without the approval of the Federal Agency, except where such
assignment is made to an organization which has as one of its primary
functions the management of inventions, provided that such assignee will
be subject to the same provisions as the Contractor;
ii. The Contractor will share royalties collected on a subject invention with
the inventor, including Federal employee co-inventors (when the Federal
Agency deems it appropriate) when the subject invention is assigned in
accordance with 35 U.S.C. § 202(e) and 37 CFR § 401.10;
iii. The balance of any royalties or income earned by the Contractor with
respect to subject inventions, after payment of expenses (including
payments to inventors) incidental to the administration of subject
inventions, will be utilized for the support of scientific research or
education; and
(l) Communication. The central point of contact at the Federal Agency for
communications on matters relating to this clause may be obtained from the City
upon request.
NOTICE TO BIDDERS
1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the
“Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage
terms for the Contractor’s aggregate workforce in each trade on all Construction Work in the covered
area, are as follows:
These goals are applicable to all the Contractor’s Construction Work (whether or not it is Federal
or federally assisted) performed in the covered area. If the Contractor performs Construction Work in a
geographical area located outside of the covered area, it shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the Contractor
also is subject to the goals for both its federally involved and nonfederally involved Construction.
3. The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs within 10 working days of award of any Construction subcontract in
excess of $10,000 at any tier for Construction Work under the contract resulting from this solicitation.
The notification shall list the name, address and telephone number of the subcontractor; employer
identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting
and completion dates of the subcontract; and the geographical area in which the contract is to be
performed.
4. As used in this Contract, the “covered area” is the City of New York.
Ap pli ca bili ty
T h e Pro jec t o r P ro gram to whic h th e co nst ruct ion work (1) T he work t o be perf ormed by t he cl assi fic ati on
c ov ere d by t his co nt ract p ert ai ns is b e in g ass ist e d by the request ed is not perf orm ed by a c l assif ic ati on i n t he wage
Un it e d St at es of Am e ric a an d t he f ol lo win g F ed e ral Labor determi nati on; and
St a n da rds P rovis i ons a re incl u d ed i n t his Co nt ract p ursuant (2) T he cl assi fic ati on is uti liz ed in t he area by t he
t o t h e p rov isi o ns a pp lic a bl e t o s uc h F e de ra l as sist a nce. c onst ruc ti on i ndus try ; and
A. 1 . (i ) Minimum W ag es . A ll l a b o re rs an d m ec hanics (3) T he propos ed wage rat e, inc l udi ng any bona fi de
e m pl oy ed o r wo rk in g up o n th e s it e of t h e wo rk, will be pai d f ringe benef its, bears a reas onabl e rel ati ons hi p t o t he wage
u nc o n dit i on a lly a n d n ot l ess o fte n t ha n onc e a we ek, and rat es c ont ained in the w age determi nati on.
wit h o ut s u bse q u en t de d ucti o n o r reb at e o n a ny account
(e xce pt s uch p ayro ll d e du cti o ns as a re pe rm itt ed by (b) If t he c ontract or and t he l aborers and m ec hanics t o be
re g u la ti o ns issu e d by t he Sec ret a ry of L ab o r u n der t he em pl oy ed i n t he cl assi fic ati on (if k nown), or thei r
Co p e la n d Act (2 9 CFR P art 3 ), t he f ull amo u nt of wages repres entativ es, and HUD or its des i gnee agree on the
a n d b on a f id e f rin g e be n ef its (o r cas h eq u iva l en ts thereof ) cl ass ific at i on and wage rate (inc l uding t he am ount
d u e a t t im e of paym e nt com p ut ed at rat es n ot l ess than des i gnat ed f or f ri nge ben efits where appropri at e), a report
t h ose co nt ai n e d i n t h e wage de te r m i na ti o n o f t he Sec ret ary of the act i on t ak en shall be s ent by HUD or its des ignee t o
o f La b o r wh ic h is att ac he d h e ret o a nd m a d e a p a rt hereof, t he A dm i nist rat or of t he Wage and Hour Divisi on,
re g a rdl ess of a ny c on t rac tu a l re l ati o ns hi p wh ich may be Em ploy ment St andards A dm inist rati on, U.S. Departm ent of
a l le g e d t o ex ist bet wee n t he c o nt racto r an d s uc h l aborers Labor, Washi ngton, D C. 20210. T he A dm inist rat or, or an
a n d m ech a nics . Co nt rib ut io ns m a de o r c osts re as onably authorized repres entativ e, wi ll approv e, m odify , or
a n tic ip at e d f o r bo n a f i de fri n g e be n efi ts un d e r S ection l dis approv e ev ery addit i onal cl assi fic ati on act i on wi thi n 30
(b )(2 ) of t he Davis -B aco n Act o n b eh a lf of l a borers or day s of rec ei pt and s o advis e HUD or its des ignee or wil l
m ec ha n ics a re co ns id e red wa g es p ai d to suc h l ab orers or notify HUD or its desi gnee wit hi n the 30 -day peri od t hat
m ec ha n ics, s ub j ect t o t h e p rovis i ons of 2 9 CF R additi onal t ime is nec essary . (Approv ed by the Office of
5 . 5 (a )(1 )(iv ); a ls o, re g ul a r co nt rib ut i ons m a de o r costs M anagem ent and Budget under O MB cont rol num ber 1215 -
i nc u rre d f o r m o re th a n a we ek ly pe rio d (b ut n ot less oft en 0140. )
t h an q ua rt e rly ) un d e r p la ns, f u nds, o r p rog rams , whic h (c) I n t he ev ent the cont ract or, the l aborers or
c ov er t h e p a rt icu l ar we ekly p e ri o d, a re d e em e d to be m ec hanics to be em pl oy ed i n the cl ass ific at ion or t hei r
c on st ruc tiv ely ma d e o r i nc u rre d d u ri n g s uc h we ek ly period. repres entativ es, and HUD or its desi gnee do not agree on
t he propos ed cl ass ific at ion and wage rat e (i ncl udi ng t he
S uc h la b o re rs a n d mec h a nics s h al l b e p ai d th e a p p ropri at e
am ount desi gnated f or fri nge benefits , where appropri at e),
wa g e rat e a n d f ri n ge b en ef its on t h e wa g e det e rm i nat i on f or
HUD or its des i gnee s hall ref er t he questi ons, i nc luding t he
t h e cl assif ic ati o n o f work act u al ly p e rf o rm ed , wit ho ut regard
vi ews of al l i nt erest ed parti es and the recommendati on of
t o sk il l, exc e pt as prov id e d i n 2 9 CFR 5. 5(a )(4). L aborers
HUD or its desi gnee, t o t he A dm inist rat or f or det ermi nati on.
o r m ec ha n ics pe rf o rm in g wo rk i n mo re t h a n one
T he Admi nis trat or, or an authorized represent at iv e, wil l
cl ass ific at i on m ay b e c om pe ns at e d a t th e rat e s pec if ied for
iss ue a det erm inat i on withi n 30 days of recei pt and s o
e ac h c l assif ic ati o n f o r t h e t im e act ua lly wo rk e d t herei n:
adv is e HUD or its desi gnee or wi ll not ify HUD or its
P rovi d ed , Th at t h e em p loye r’s pay rol l rec o rds acc urat ely
des i gnee wit hi n the 30 -day peri od t hat addi ti onal t ime is
s et f o rt h th e t im e sp e nt i n ea ch c l assif ica ti o n i n wh ich work
nec ess ary. (A pprov ed by t he O ffic e of M anagem ent and
is p e rf orme d. T h e wa g e det e rm i nat i on (inc l ud i ng any
B udget under OMB Cont rol Num ber 1215 -0140. )
a d d iti o n al c l assif ica ti o n and wa g e rat es c on fo rm e d under
2 9 CF R 5 .5 (a )(1 )(ii ) a n d t h e Dav is -Bac o n p ost e r (WH -1321) (d) T he wage rate (inc l udi ng f ri nge benefits where
s ha ll b e p ost ed at a ll t im es by t h e c o nt ract or and its appropri at e) det ermi ned purs uant to s ubparagraphs
s ub co nt ract o rs at t he sit e o f t h e work i n a p rom i nent and (1)(ii )(b) or (c ) of this paragraph, shall be paid to al l
a cc essi bl e, pl ace whe re it c an be e asily s e en by t he work ers performi ng work in t he cl assi fic ati on under t his
wo rk e rs. c ont rac t f rom the f i rst day on whic h work is perform ed i n
t he cl ass ific at ion.
(ii) (a ) A ny cl ass o f la b o rers o r m ec h an ics wh ich is not
l ist e d i n t he wa ge d et erm in at i on a nd whic h is to be (iii) Whenever the m i nim um wage rat e presc ri bed i n t he
e m pl oy ed u n d er th e c o nt ract s h al l b e c lass if ied in c ont rac t for a cl ass of laborers or m echanics i ncl udes a
c on fo rma nc e wit h t h e wag e d et e rm in at io n. HUD s hall f ringe benefi t whi c h is not ex press ed as an hourly rat e, t he
a p p rov e a n a d dit io n al c l assi fic at io n a nd wa g e rat e and c ont rac tor s hal l ei ther pay the benefi t as st at ed in t he wage
f rin g e b e n efits th e ref or o nly wh en t h e f ol lo win g c ri teri a determi nati on or s hal l pay anot her bona fi de f ri nge benefit
h av e b e en m et : or an hourly c as h equival ent t hereof .
2. W i thh old ing . HUD or its de si g ne e s ha ll u po n its own (ii) (a) T he c ontract or s hal l submi t week ly f or eac h week
a cti o n o r u p o n wri tt en re q ues t of a n au thoriz ed i n which any cont ract work is performed a c opy of all
rep res en ta tiv e o f th e De pa rtm e nt of L ab o r wit h hol d or pay rolls t o HUD or its designee if t he agency is a party t o
c au se t o b e wit h he l d f ro m th e c o nt ract o r u n d er th is c ont ract t he c ont rac t, but if the agenc y is not s uc h a party, the
o r a ny ot h er F e de ra l co n t ract wit h t he s am e prim e c ont rac tor wil l s ubm it t he pay rolls t o t he appl icant s ponsor,
c on t rac to r, or any ot her F ed e ra lly -assist e d c o nt ract s ubj ect or owner, as the cas e may be, f or t ransmiss i on t o HUD or
t o Davis -B ac on p rev ail i ng wa g e re qu i reme nts , wh ich is hel d i ts desi gnee. T he pay rol ls s ubm itt ed s hal l s et out
b y t h e s am e p rime c on tract o r s o muc h o f t h e acc rued acc urat ely and c om pletely al l of t he i nf orm ati on requi red t o
p ay me nts o r adv a nc es as m ay be c o nsi d e re d n ecess ary t o be mai nt ai ned under 29 CF R 5. 5(a)(3)(i ) exc ept t hat
p ay l a b ore rs a n d m ec ha n ics, i ncl u di n g a pp rentic es, f ul l s oci al sec uri ty numbers and hom e address es shall
t rai n e es an d h el p e rs, em plo ye d by th e c o nt ract or or any not be i nc luded on weekly trans m itt als . I nst ead t he
s ub co nt ract o r t h e f ull a mou n t of wa g es req u i re d by t he pay rolls s hal l only need t o i ncl ude an i ndiv idual ly
c on t rac t I n t h e ev en t of f ai l u re t o pay any l a borer or i denti fyi ng num ber f or each em pl oy ee (e. g., t he last four
m ec ha n ic, i ncl u di ng any a p p re ntic e, t ra i ne e o r helper, di gi ts of t he empl oyee’ s s oci al s ec urity num ber) . T he
e m pl oy ed o r wo rk in g on t h e si te of t h e wo rk, al l o r part of required weekly pay rol l i nform ati on m ay be s ubmi tt ed in
t h e wag es re q ui re d by t h e c o nt ract, HUD o r its d esignee any f orm des i red. O pti onal Form W H -347 is avail abl e f or
m ay, aft e r writt e n not ic e t o t he c o nt ract or, spons or, t his purpose f rom t he Wage and Hour Divis ion Web site at
a p p lic a nt, or o wn e r, t ak e su ch act io n as m ay be n ecess ary htt p://www. dol. gov/ esa/whd/f orms/w h347i nst r. ht ml or its
t o c a us e t h e s us p ens i on of a ny fu rt h e r p aym ent, a dv ance, s ucc essor s ite . T he pri me c ont rac tor is res pons ibl e f or t he
o r g u a ra nt e e o f fu n ds u nt il s uc h vi ol at i ons h ave c eas ed . s ubmiss ion of copies of pay rolls by all s ubc ontract ors .
HUD o r its d esi g ne e m ay, aft e r wri tte n n otic e to t he Contract ors and s ubc ont ract ors s hall m ai nt ai n the full
c on t rac to r, dis b urs e s uch a mo u nts wit h he l d f o r and o n s oci al s ec urity num ber and c urrent address of eac h c overed
a cc ou nt o f t h e c o nt ract or or s u bc on t ract o r t o t h e res pect ive work er, and shall prov ide them upon request t o HUD or its
e m pl oy ees to who m t hey a re d u e . T h e Com pt rol l e r G eneral des i gnee if t he agency is a party to t he c ont rac t, but if the
s ha ll m ak e s uc h d isb u rs eme n ts in t h e c as e of di rect Davis - agency is not s uch a party, t he cont ract or wil l s ubmit t he
B ac on Act c o nt rac ts. pay rolls t o t he appl icant spons or, or own er, as t he c as e
m ay be, f or t ransm issi on t o HUD or i ts des ignee, t he
3. (i ) P ay ro lls a nd Ba si c Rec o rd s. P ay ro lls a nd basic
c ont rac tor, or t he Wage and Hour Div isi on of t he
re co rds rel ati n g t h eret o s ha ll b e m ai nt ai n e d by t he
Departm ent of Labor f or purpos es of an i nves ti gati on or
c on t rac to r d u ri n g t h e c o urse of th e wo rk p res e rv e d for a
audit of c om pl i anc e wit h prevail i ng wage requi rem ents . It
p e ri od o f t h re e y e a rs t he re aft e r fo r a ll l ab o re rs and
is not a vi ol at i on of t his s ubparagraph f or a pri me
m ec ha n ics wo rk in g at th e si te of t he wo rk . S uc h records
c ont rac tor t o require a s ubc ont rac tor t o prov i de address es
s ha ll co nt a in th e n am e, a dd ress, a n d soc i al s ec urity
and soc i al s ec urity num bers to t he prim e c ont rac tor for its
n u mb e r o f e ach s uch wo rk e r, his o r he r correct
own reco rds, wit hout weekly s ubmiss i on t o HUD or its
cl ass ific at i on, ho u rly rat es of wa g es pa i d (i ncl u di n g rat es of
des i gnee. (A pprov ed by the Of fic e of M anagem ent and
c on t ri b uti o ns o r cos ts a ntic i pa te d f o r b on a fi d e f ringe
B udget under OMB Cont rol Num ber 1215 -0149. )
b e n ef its o r cas h eq u iva l ents t he re of of t h e typ es d esc ri bed
i n Sec ti o n l (b )(2)(B ) o f t he Davis -b aco n Act ), d ai ly and (b) E ac h pay roll subm itt ed s hal l be acc om panied by a
we ek ly n um be r of ho u rs wo rk e d, d e duc ti o ns m a de and “St at em ent of Com pli ance,” si gned by t he c ont ract or or
a ct ua l wa g es p a id . W he n ev e r th e S ec reta ry of L abor has s ubcont rac t or or his or her agent who pays or supervis es
f o un d u nd e r 2 9 CF R 5. 5 (a)(1 )(iv ) th at t h e wa g es of any t he pay ment of t he pers ons em pl oy ed under t he c ontract
l a b o re r o r m ec ha n ic inc l ud e t h e am o un t of a ny costs and s hal l c erti fy t he f ol lowing:
re as o n ab ly an tici p at e d i n pro vi di n g be n ef its un d e r a plan or
(1) T hat the pay rol l f or the pay roll period cont ai ns t he
p ro g ram d esc ri b e d in S ect io n l (b )(2 )(B ) o f t h e Davis -
i nf orm at ion required t o be provi ded under 29 CF R
B ac on Act, t h e c on t ract o r s h al l m ai nt ai n rec ords whic h
5. 5(a)(3)(ii ), the appropri at e i nf orm at ion is bei ng
s ho w t h at t h e co mmi tme nt t o p rov i de s uc h b e n efi ts is
m ai nt ained under 29 CFR 5. 5(a)(3)(i ), and t hat s uc h
e n fo rc e a bl e, th at t h e pla n o r p rog ram is fi n anci ally
i nf orm at ion is c orrect and com pl et e;
For use with contracts funded by the FEMA Grant and Cooperative Agreement Programs,
including the Public Assistance Program
(This Rider should not be used with contracts funded by the following FEMA Programs:
Emergency Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security
Grant Program, and Transit Security Grant Program. This Rider should be accompanied by the
Uniform Federal Contract Provisions Rider for Federally Funded Procurement Contracts.)
1. Suspension and Debarment. Section C(5) of the Uniform Federal Contract Provisions
Rider for Federally Funded Procurement Contracts is supplemented with the following
provisions:
(a) This contract is a covered transaction for purposes of 2 C.F.R. Parts 180 and
3000. As such the Contractor is required to verify that none of the Contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at
2 C.F.R. § 180.935). By entering into this contract, the Contractor certifies that it
is in compliance with 2 C.F.R. Parts 180 and 3000.
(b) The Contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part
3000, subpart C during the term of this contract and must include a requirement to
comply with these regulations in any lower tier covered transaction it enters into.
(c) The certification in paragraph (a), above, and section C(5) of the Uniform Federal
Contract Provisions Rider for Federally Funded Procurement Contracts is a
material representation of fact relied upon by the City of New York. If it is later
determined that the Contractor did not comply with 2 C.F.R. Part 180, subpart C
and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to the City of
New York and, if applicable, the State of New York, the Federal Government
may pursue available remedies, including but not limited to suspension and/or
debarment.
2. Davis-Bacon Act. For the purposes of Section D(1)(a) of the Uniform Federal Contract
Provisions Rider, compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3148) is not
required of the Contractor pursuant to FEMA regulations. However, if this Contract is
funded by another federal funding source (e.g., the U.S. Department of Housing and
Urban Development CDBG or CDBG-DR programs), compliance with the Davis-Bacon
Act is required to the extent required by law and as set forth in the contract documents.
4. Copeland “Anti-Kickback” Act. The Contractor shall comply with provisions of the
Copeland “Anti-Kickback” Act (18 U.S.C. § 874) as delineated in the Uniform Federal
Contract Provisions Rider, FEMA Exhibit 2, Section (A).
5. Contract Work Hours and Safety Standards Act. The Contractor shall comply with the
provisions of the Contract Work Hours and Safety Standards Act as delineated in the
Uniform Federal Contract Provisions Rider, FEMA Exhibit 2, Section (B).
6. Access to Records.
(a) The Contractor agrees to provide the City of New York, the FEMA
Administrator, the Comptroller General of the United States, or any of
their authorized representatives access to any books, documents, papers,
and records of the Contractor which are directly pertinent to this contract
for the purposes of making audits, examinations, excerpts, and
transcriptions.
(b) The Contractor agrees to permit any of the foregoing parties to reproduce
said documents by any means or to copy excerpts and transcriptions as
reasonably needed.
7. Logos. The Contractor shall not use DHS seal(s), logos, crests, or reproductions of flags
or likenesses of DHS agency officials without specific FEMA preapproval.
8. Compliance with Law. The Contractor acknowledges that FEMA financial assistance
will be used to fund the contract only and agrees to comply will all applicable federal
law, regulations, executive orders, FEMA policies, procedures, and directives.
9. Federal Government not a Party. The Contractor acknowledges and understands that the
Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the City, Contractor or any other party pertaining to any matter resulting
from the contract.
10. False Claims. The Contractor acknowledges that 31 U.S.C. Chap. 38 applies to the
Contractor’s actions pertaining to this contract.
-2-
EXHIBIT 2
Federal Labor Standards Provisions (Non-Davis Bacon) 1
Federal Emergency Management Agency
(10/27/2015)
Applicability: The Project or Program to which the construction work covered by this contract
pertains is being assisted by the United States of America and the following Federal Labor
Standards Provisions are included in this Contract pursuant to the provisions applicable to such
Federal assistance.
1. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated
by reference into this contract.
3. Breach. A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
B. Compliance with the Contract Work Hours and Safety Standards Act. The
provisions of this Section B are applicable where the amount of the prime contract
exceeds $100,000.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (1) of this Section B the contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
1 This version of Exhibit 2 applies to contracts funded by FEMA Grant and Cooperative Agreement Programs,
including the Public Assistance Program. Do not use this version of Exhibit 2 in connection with FEMA programs
that are subject to the Davis-Bacon Act; such programs are the Emergency Management Preparedness Grant
Program, the Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security
Grant Program, Port Security Grant Program, and Transit Security Grant Program.
addition, such contractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1)
of this section, in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph
(1) of this section.
3. Withholding for unpaid wages and liquidated damages. The City of New York
shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated §damages as provided in the clause set forth in paragraph (2) of
this section.
C. Health and Safety. The provisions of this paragraph C are applicable where the amount
of the prime contract exceeds $100,000.
2. The Contractor shall comply with all regulations issued by the Secretary of Labor
pursuant to Title 29 Part 1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public
Law 91-54, 83 Stat 96). 40 USC 3701 et seq.
3. The contractor shall include the provisions of this paragraph in every subcontract
so that such provisions will be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as FEMA or the Secretary of
Labor shall direct as a means of enforcing such provisions.
-4-
Rider 2
Access to Non-Public Areas
Effective April 16, 2018, Local Law 246 of 2017 is codified in the New York City Administrative
Code at Section 4-210. The law in part applies to any contractor having regular contact with the
public in the daily administration of human services at any location, whether or not on city
property, where such services are provided under a City contract. Accordingly, Contractor
agrees to the following requirements:
In connection with the services provided under this Agreement, Contractor shall not knowingly
permit and shall use reasonable efforts to ensure that its subcontractors do not knowingly permit
Enforcement Personnel to have access to non-public areas of the facilities where the services
are provided unless:
For the purposes of this rider, the phrase “Enforcement Personnel” means government
personnel who are empowered to enforce civil or criminal laws, but excludes personnel of the
City, the New York City Department of Education, or a local public benefit corporation or local
public authority.
Rider 2 Page i of i
Rider 3
Identifying Information
Rider 3 Page i of iv
status, eligibility for or receipt of public assistance or city services, all information
obtained from an individual’s income tax records, an individual’s Social Security number,
information obtained from any surveillance system operated by, for the benefit of, or at
the direction of the New York City Police Department, motor vehicle information or
license plate number, biometrics such as fingerprints and photographs, languages
spoken, religion, nationality, country of origin, place of birth, date of birth, arrest record or
criminal conviction, employment status, employer information, current and previous
home and work addresses, contact information such as phone number and email
address, information concerning social media accounts, date and/or time of release from
the custody of the Administration for Children’s Services, the Department of Correction,
or the New York City Police Department, any scheduled court appearances, any
scheduled appointments with the City, the Contractor or its subcontractor that provides
human services or other services designated by the City Chief Privacy Officer, and any
other category of information designated by the City Chief Privacy Officer, including but
not limited to: Internet Protocol (“IP”) address; taxpayer identification number; device
identifier, including media access control (“MAC”) address or internet mobile equipment
identity (“IMEI”); GPS-based location obtained or derived from a device that can be used
to track or locate an individual; and any identifier that can identify and electronic device
linkable to an individual. .
Rider 3 Page ii of iv
B. If Contractor or subcontractor discloses an individual’s Identifying Information in violation
of this Rider, Contractor shall notify the Agency Privacy Officer. In addition, if such
disclosure requires notification to the affected individual(s) pursuant to the policies and
protocols promulgated by the City Chief Privacy Officer under subdivision 6 of Section
23-1203, in the discretion, of the Agency Privacy Officer Contractor shall either (i) make
reasonable efforts to notify such individual(s) in writing of the Identifying Information
disclosed and to whom it was disclosed as soon as practicable or (ii) cooperate with the
Agency’s efforts to notify such individual(s) in writing. The City shall have the right to
withhold further payments under this Agreement for the purpose of set-off in sufficient
sums to cover the costs of notifications and/or other actions mandated by any law,
administrative or judicial order, or the City Chief Privacy Officer to address the
disclosure, including any fines or disallowances imposed by the State or federal
government as a result of the disclosure. The City shall also have the right to withhold
further payments hereunder for the purpose of set-off in sufficient sums to cover the
costs of credit monitoring services for the victims of such a disclosure by a national
credit reporting agency, and/or any other commercially reasonable preventive measure.
The Agency shall provide Contractor with written notice and an opportunity to comment
on such measures prior to implementation. Alternatively, at the City’s discretion, or if
monies remaining to be earned or paid under this Agreement are insufficient to cover the
costs detailed above, Contractor shall pay directly for the costs, detailed above, if any.
C. Section 1.04(B) shall not require any notification that would violate any law or interfere
with an investigation or otherwise compromise public safety pursuant to subdivision e of
Section 23-1204.
Section 1.09 Conflicts with Provisions Governing Records, Audits, Reports and
Investigations.
To the extent allowed by law, the provisions of this Rider shall control if there is a conflict
between any of the provisions of this Rider and, as applicable, either (i) Article 5 of Appendix A
(General Provisions Governing Contracts for Consultants, Professional, Technical, Human, and
Client Services); (ii) if the value of this Agreement is $100,000 or less and the Agreement is
funded by City Council Discretionary Funds, Article 7(E) and Rider 1, Article 1 of the Agreement;
or (iii) if neither (i) nor (ii) apply, the Investigations Clause, and other provisions concerning
records retention, inspections, audits, and reports designated elsewhere in the Agreement. The
provisions of this Rider do not replace or supersede any other obligations or requirements of
this Agreement.
Rider 3 Page iv of iv
Rider 4
Indirect Cost Rate Development and Application
Policies and Procedures Manual
Effective immediately, the City of New York Health and Human Services Cost Policies and
Procedures Manual (<Cost Manual=), available at nyc.gov/nrc, is hereby incorporated into and
made a part of the Standard Human Services Contract.
Rider 4 Page i of i
RIDER 5
NEW YORK CITY MAYORAL EXECUTIVE ORDER NO. 64 RIDER
Responsibility of Contracted Providers of Human Services
in Relation to Matters Involving Allegations of Sexual Harassment
(To supplement the New York City Standard Human Services Contract)
Section 1.01 Background. New York City Mayoral Executive Order No. 64 (<EO 64=)
entitled <Responsibility of Contracted Providers of Human Services in Relation to Matters
Involving Allegations of Sexual Harassment= became effective on March 3, 2021. This Mayoral
Executive Order applies to <human services= contracts, as that term is defined in section 6-129
of the New York City Administrative Code. EO 64 states that sexual harassment constitutes a
form of unlawful discrimination under the New York City Human Rights Law that is prohibited in
the workplace and in the provision of public accommodations, and is also illegal under New
York State and Federal law. Pursuant to section 803 of the New York City Charter, the Mayor
may direct the Commissioner of Investigation to undertake investigations, including
investigations of alleged sexual harassment by personnel delivering services for or on behalf of
the City of New York.
Section 1.02 Definitions.
A. <Agency= means the City agency or office through which the City of New York has
entered into this Agreement.
B. "Agreement= means the agreement between the Agency and the Contractor, to which
this rider has been added.
C. <Certification Date= means 30 days after the date that the Agreement is registered
pursuant to Section 328 of the New York City Charter, or if this rider is added by an
amendment, the date said amendment is registered pursuant to Section 328 of the New
York City Charter.
D. <DOI=means the New York City Department of Investigation.
E. <Human Services= means services provided to third parties, including social services
such as day care, foster care, home care, homeless assistance, housing and shelter
assistance, preventive services, youth services, and senior centers; health or medical
services including those provided by health maintenance organizations; legal services;
employment assistance services, vocational and educational programs; and recreation
programs.
F. <PassPort= means New York City’s digital Procurement and Sourcing Solutions Portal;
G. <Contractor=means the entity providing Human Services under a contract with the City of
New York.
H. <Rider= means this New York City Mayoral Executive Order No. 64 Rider.
Section 1.03 Reporting. Contractor shall provide information about sexual harassment
complaints, whether made by an employee, client, or other person, by making the following
available to DOI at http://www.nyc.gov/HSProviderReport:
Rider 5 Page i of iv
A. A copy of the Contractor’s sexual harassment policies, including complaint procedures,
which shall be uploaded to PassPort; and
B. A copy of any complaint or allegation of sexual harassment or retaliation on the basis of
a complaint of sexual harassment brought by any person against the Chief Executive
Officer or equivalent principal of the organization in any venue, including through the
Contractor’s internal Equal Opportunity process, subject to Section 2 herein. Such copy
must be redacted as to the name and any identifying information of individuals except
the accused and provided, by secure means that the DOI shall determine and publicize,
within 30 days of receipt of the complaint or allegation; and
C. A copy of the final determination or judgment with regard to any complaint covered in
subdivision (B), redacted as to the name and any identifying information of individuals
except the accused; and
D. Any additional information the DOI requests in order to effectuate its review of any
investigation and determination, including information that had been redacted pursuant
to subdivisions (B) and (C).
Section 1.04 Annual Certification. On the Certification Date and on the anniversary of said
date every year thereafter during the term of the Agreement, the Contractor’s Board of Directors
or equivalent authority of Contractor shall upload to PassPort a certification substantially in the
form annexed hereto as Annex 1 certifying that they have made all reports required pursuant to
this rider or that they had no information to report.
Section 1.05 Contractor’s Duty to Investigate. The reporting obligations under Section
1.03 does not relieve the Contractor of its duty to investigate any complaint or allegation or of
any other contractual obligations.
Section 2.
Disclosure to and collection by DOI of any personally identifying information relating to
allegations of sexual harassment – which constitutes “sensitive identifying information” under
section 6.2 of the Citywide Privacy Protections and Protocols of the City’s Chief Privacy Officer
and “restricted” information under the NYC Cyber Command Policies and Standards – has been
authorized by the Chief Privacy Officer under section 23-1202 of the New York City
Administrative Code as being in the best interests of the City.
Section 3.
Contractor hereby acknowledges the provisions of Section 4 of EO 64, which provides that
Agencies may consider any findings reported by DOI, as well as a provider's failure to furnish
the information required by Section 1.03 above when determining whether to continue, modify,
amend, or renew a contract.
Rider 5 Page ii of iv
ANNEX 1
SAMPLE CERTIFICATION
I, (NAME), who is (CHAIRMAN OF THE BOARD OR EQUIVALENT PRINCIPAL) of
(CONTRACTOR) (the “Contractor”), have reviewed the requirements of Mayoral Executive
Order 64 of 2021 and, in compliance therewith, hereby certify to the following:
1) A copy of the Contractor’s sexual harassment policy has been uploaded to the New York
City’s PASSPort system on DATE. The policy uploaded is the most up-to-date version of
the policy.
2) Allegations of Sexual Harassment. Please initial one (1) of the two (2) options below.
For the year prior to the date of this certification, or since the Contractor’s last
certification, whichever period is longer:
___ Contractor has reviewed its records and internal communications and confirms
that it has not received any complaints or allegations of sexual harassment, or
retaliation on the basis of a complaint or allegations of sexual harassment,
brought against the Chief Executive Officer or equivalent principal of the
organization in any venue, including through the Contractor’s internal Equal
Opportunity process.
___ Contractor has reviewed its records and internal communications and confirms
that it has received complaints or allegations of sexual harassment, or retaliation
on the basis of a complaint or allegations of sexual harassment, brought against
the Chief Executive Officer or equivalent principal of the organization in any
venue, including through the Contractor’s internal Equal Opportunity process.
Contractor has provided redacted copies of documents regarding all such
complaints or allegations to DOI.
3) Final Determinations and Judgments. Please initial one (1) of the two (2) options. For
the year prior to the date of this certification, or since the Contractor’s last certification,
whichever period is longer:
___ Contractor has reviewed its records and internal communications and confirms
that it has not made any final determinations, including settlement, or received
any judgments relating to any complaints or allegations covered under Mayoral
Executive 64 of 2021.
___ Contractor has reviewed its records and internal communications and confirms
that it has made final determinations, including settlement, or received judgments
relating to complaints or allegations covered under Mayoral Executive 64 of
2021. Contractor has provided redacted copies of all such documents to DOI.
I affirm under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
(NAME )
(TITLE)
Notary Public
Rider 5 Page iv of iv
Rider 6
Rider to City Service Contracts
Pursuant to NYC Admin. Code §6-145
Labor Peace Agreements for Human Services Contracts
SECTION: DEFINITIONS.
A. Building service employee. The term “building service employee” means any person,
the majority of whose employment consists of performing work in connection with the
care or maintenance of a building or property, including but not limited to a watchperson,
guard, doorperson, building cleaner, porter, handyperson, janitor, gardener,
groundskeeper, stationary fireman, elevator operator and starter, or window cleaner.
B. City service subcontractor. The term “city service subcontractor” means any person,
including, but not limited to, a temporary services, staffing or employment agency or
other similar entity, that pursuant to an agreement with the contractor, performs any of
the services to be rendered pursuant to this contract, except that the term “city service
subcontractor” shall not include any person who enters into a contract with the contractor
the principal purpose of which is to provide supplies, or administrative services, technical
support services, or any other similar services to the contractor that do not directly relate
to the performance of the human services to be rendered pursuant to this contract. A
person shall be deemed a city service subcontractor for the duration of the period during
which such person performs such services under this contract.
C. Covered employee. The term “covered employee” means an employee of a covered
employer who directly renders human services in performance of this contract, except
that the term “covered employee” shall not include any building service employee.
D. Covered employer. The term “covered employer” means the contractor or a city
service subcontractor, as applicable.
E. Human services. The term “human services” means social services contracted for by
an agency on behalf of third party clients including but not limited to day care, foster
care, home care, health or medical services, housing and shelter assistance, preventive
services, youth services, the operation of senior centers, employment training and
assistance, vocational and educational programs, legal services and recreation
programs.
F. Labor organization. The term “labor organization” has the same meaning as set forth
in subdivision (5) of section 152 of title 29 of the United States Code.
G. Labor peace agreement. The term “labor peace agreement” means an agreement
between a covered employer and a labor organization that seeks to represent
employees who perform one or more classes of work to be performed pursuant to this
contract, where such agreement: (1) requires that the covered employer and the labor
organization and its members agree to the uninterrupted delivery of services to be
rendered pursuant to this contract and to refrain from actions intended to or having the
effect of interrupting such services; and (2) includes any other terms agreed to by the
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parties, which may relate to, but need not be limited to: (i) alternate procedures related
to recognizing the labor organization for bargaining purposes, (ii) public statements, (iii)
workplace access, and (iv) the provision of employee contact information.. For the
purposes of this rider, the term “labor peace agreement” may include a collective
bargaining agreement that is in effect.
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local laws regulating labor relations, in which any government body initiated a
judicial action, administrative proceeding or investigation of the bidder, proposer,
or contractor in regard to such laws.
B. The certification shall be signed under penalty of perjury by an officer of the bidder,
proposer, or contractor and shall be annexed to and form a part of the contract.
C. The contractor shall each year throughout the term of the contract submit to the
contracting agency an updated version of the certification required under Admin. Code
§6-145(c), and identify any changes from the previous certification. During the term of
this contract, the contractor shall make such certification during the 30-day period
following each anniversary of the effective date of this contract.
SECTION 5: SUBCONTRACTORS. The contractor shall cause its city service subcontractors
to comply with Admin. Code §6-145, as applicable, and include the following provisions and the
attached Labor Peace Agreement Attestation in each of its subcontracts with such city service
subcontractors, and shall be responsible for collecting subcontractor attestations and providing
them to the contracting agency:
A. Labor Peace Agreements:
(1) No later than 90 days after the approval by the contracting agency of a city
service subcontractor, such city service subcontractor, shall either:
(a) submit an attestation to the contracting agency, through the city service
contractor, signed by one or more labor organizations, as applicable,
stating that the city service subcontractor has entered into or is in the
process of negotiating one or more labor peace agreements with such
labor organizations as have provided notice pursuant to subsection
(C)(1), and identify: (i) the classes of covered employees covered by the
labor peace agreements, (ii) the classes of covered employees not
currently represented by a labor organization and that no labor
organization has sought to represent, and (iii) the classes of covered
employees for which labor peace agreement negotiations have not yet
concluded; or
(b) submit an attestation to the contracting agency, through the city service
contractor, stating that the city service subcontractor’s covered
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employees are not currently represented by a labor organization and that
no labor organization has sought to represent such covered employees
by providing notice pursuant to subsection (C)(1).
(2) Where a labor organization seeks to represent the covered employees of the city
service subcontractor after the 90-day period following the approval of the city
service subcontractor, and a labor organization has provided notice to the
contracting agency and city service subcontractor pursuant to subsection (C)
regarding such interest, the city service subcontractor shall then submit an
attestation signed by the labor organization to the contracting agency no later
than 90 days after the date of notice stating that it has entered into a labor peace
agreement with such labor organization or that labor peace agreement
negotiations have not yet concluded.
(3) For the purposes of this section:
(a) notice to the city service subcontractor by a labor organization shall be
made in writing by a duly authorized representative of the labor
organization to either (i) the chief executive officer of such city service
subcontractor; or (ii) the business address or e-mail address set forth
pursuant to the notice provisions of this city service subcontract; and
(b) notice to the contracting agency shall be made in writing by a duly
authorized representative of the labor organization to the contracting
agency at the address or e-mail address provided for in section 14.04 of
Appendix A of the agreement between the city service contractor and the
contracting agency under which this city service subcontract is being
performed.
(4) In evaluating any violation of this section, the city service contractor shall
consider any relevant conduct of a labor organization, the size of the city service
subcontractor’s business, the city service subcontractor’s good faith efforts to
comply with the terms of this section and Admin. Code §6-145, the gravity of the
violation, the history of previous violations, and the failure to comply with
recordkeeping, reporting or other requirements. In considering whether the city
service subcontractor has exercised good faith efforts in attempting to comply
with obligations related to the submission of attestations in compliance with this
section, the city service contractor shall consider the city service subcontractor’s
documented efforts to negotiate with labor organizations.
(5) Notwithstanding any other provision of this section, where a class of a city
service subcontractor’s covered employees are covered by a collective
bargaining agreement with a labor organization, such city service subcontractor
is neither required to include any statements in an attestation in regards to labor
peace agreements or negotiations relating thereto with any other labor
organization with respect to such class of covered employees, nor required to
seek such other labor organization’s signature on any attestation with respect to
such class of covered employees.
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(6) The definitions in section 1 to the “Rider to City Service Contracts pursuant to
Admin. Code §6-145 Labor Peace Agreements for Human Services Contracts” to
the agreement between the city service contractor and the contracting agency
under which this city services subcontract is being performed shall apply to this
terms used in section, unless another meaning is clear from context.
SECTION 6: AWARD DATE.
A. For the purposes of this rider, the date of an award shall be deemed to be the date upon
which a contract is signed by both the contractor and the contracting agency.
B. For the purposes of this rider, the date of a renewal shall be deemed to be the date upon
which a contract renewal is signed by both the contractor and the contracting agency.
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Labor Peace Agreement Certification
Certification Prior to Contract Award or Renewal
Pursuant to NYC Admin. Code § 6-145(c)
Contract Name: E-PIN#:
This certification is (select one): The first such certification under for contract award/renewal.
a subsequent (yearly) certification. If so, provide date of first certification:
I, (print), the undersigned,
am a duly authorized officer of (vendor name)
Chief Executive Officer (CEO) of the city service contractor, bidder or proposer seeking award Check if updated
from a previous
or the city service contractor seeking renewal of a city service contract, as applicable: certification
CEO Name:
Address:
Telephone: Email:
If the city service contract is awarded or renewed (as applicable), I, the undersigned, agree to comply with the requirements of NYC
Admin. Code § 6-145, and with all applicable federal, state and local laws.
Labor Relations findings: Instances during the preceding five years in which the bidder or proposer seeking award, or the city service
contractor seeking renewal, as applicable, has been found by a court or government agency to have violated federal, state or local laws
regulating labor relations, in which any government body initiated a judicial action, administrative proceeding or investigation of the bid-
der, proposer, or city service contractor in regard to such labor relations laws: Add pages as necessary. If not applicable write “N/A”.
Violation: Date of Action: Charging Agency:
Summary:
Check if updated from a previous certification
under penalty of perjury, that the above information is accurate as of the date noted below.
Signed: Date:
1. I, (print), the undersigned, a duly authorized officer of the city service contractor or
Labor Peace Agreement(s) have been entered into or are under negotiation. (Complete section 2 and 3)
or…
Covered employees are not currently represented by a labor organization and no labor organization has sought to
2
If a city service contractor or city service subcontractor has entered into a collective bargaining agreement (CBA)
with a labor organization that remains in effect, such CBA may be listed as an LPA for the purposes of this form.
2. The above-named covered employer has entered into or is in negotiations for the following Labor Peace Agreements
with the following labor organizations: (complete the below as applicable and add additional sheets as necessary)
Negotiations have been initiated with the following Labor Organization but have not yet concluded.
(labor organization)
The following classes of covered employees are NOT currently represented by a labor organization and no labor organization
3. If, after the expiration of the 90-day period following the award or renewal date of the city service contract or the approval of
a city service subcontractor, a labor organization seeks to represent the covered employees of a covered employer and the
labor organization has provided notice to the contracting agency and the covered employer regarding such interest in accor-
dance with the terms of the rider, as applicable, then the covered employer shall submit an attestation (signed by the labor
organization) to the contracting agency (or, if the covered employer is a subcontractor, submit to the city service contractor
for submission to the contracting agency) no later than 90 days after the date of notice stating that it has entered into a labor
peace agreement with such labor organization or that labor peace agreement negotiations have not yet concluded.
I
1
Sign:
By signing, I am certifying the information contained in this attestation is true.
Date:
-I
“covered employer”: a city service contractor or a city service subcontractor, having entered into a service contract with an agency of the City.
2
“covered employee”: an employee of a covered employer who directly renders human services in performance of a city service contract, except that the
term “covered employee” shall not include any building service employee.
RIDER 7
NYC EARNED SAFE AND SICK TIME ACT CONTRACT RIDER
NYC EARNED SAFE AND SICK TIME ACT CONTRACT RIDER
This supersedes Section 4.06 of the January 2018 Appendix A
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B. Pursuant to the ESSTA and DCWP Rules: Applicability, Accrual, and Use.
1. An employee who works within the City must be provided paid safe and sick
time.1Employers with one hundred or more employees are required to provide 56 hours of safe
and sick time for an employee each calendar year. Employers with fewer than one hundred
employees are required to provide 40 hours of sick leave each calendar year. Employers must
provide a minimum of one hour of safe and sick time for every 30 hours worked by an employee
and compensation for such safe and sick time must be provided at the greater of the
employee’s regular hourly rate or the minimum wage at the time the paid safe or sick time is
taken. Employers are not discouraged or prohibited from providing more generous safe and sick
time policies than what the ESSTA requires.
2. Employees have the right to determine how much safe and sick time they will
use, provided that an employer may set a reasonable minimum increment for the use of safe
and sick time not to exceed four hours per day. For the use of safe time or sick time beyond the
set minimum increment, an employer may set fixed periods of up to thirty minutes beyond the
minimum increment. In addition, an employee may carry over up to 40 or 56 hours of unused
safe and sick time to the following calendar year, provided that no employer is required to carry
over unused paid safe and sick time if the employee is paid for such unused safe and sick time
and the employer provides the employee with at least the legally required amount of paid safe
and sick time for such employee for the immediately subsequent calendar year on the first day
of such calendar year.
3. An employee entitled to safe and sick time pursuant to the ESSTA may use safe
and sick time for any of the following:
a. such employee’s mental illness, physical illness, injury, or health condition
or the care of such illness, injury, or condition or such employee’s need for medical
diagnosis or preventive medical care;
b. such employee’s care of a family member (an employee’s child, spouse,
domestic partner, parent, sibling, grandchild, or grandparent, the child or parent of an
employee’s spouse or domestic partner, any other individual related by blood to the
employee, and any other individual whose close association with the employee is the
equivalent of a family relationship) who has a mental illness, physical illness, injury or
health condition or who has a need for medical diagnosis or preventive medical care;
c. closure of such employee’s place of business by order of a public official
due to a public health emergency;
d. such employee’s need to care for a child whose school or childcare
provider has been closed due to a public health emergency; or
e. when the employee or a family member has been the victim of a family
offense matter, sexual offense, stalking, or human trafficking:
1 Pursuant to the ESSTA, if fewer than five employees work for the same employer, and the employer had a net
income of less than one million dollars during the previous tax year, such employer has the option of providing such
employees uncompensated safe and sick time.
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1. to obtain services from a domestic violence shelter, rape crisis center, or
other shelter or services program for relief from a family offense matter,
sexual offense, stalking, or human trafficking;
2. to participate in safety planning, temporarily or permanently relocate, or
take other actions to increase the safety of the employee or employee’s
family members from future family offense matters, sexual offenses,
stalking, or human trafficking;
3. to meet with a civil attorney or other social service provider to obtain
information and advice on, and prepare for or participate in any criminal
or civil proceeding, including but not limited to, matters related to a family
offense matter, sexual offense, stalking, human trafficking, custody,
visitation, matrimonial issues, orders of protection, immigration, housing,
discrimination in employment, housing or consumer credit;
4. to file a complaint or domestic incident report with law enforcement;
5. to meet with a district attorney’s office;
6. to enroll children in a new school; or
7. to take other actions necessary to maintain, improve, or restore the
physical, psychological, or economic, health or safety of the employee or
the employee’s family member or to protect those who associate or work
with the employee.
C. Exemptions and Exceptions. Notwithstanding the above, the ESSTA does not apply to
any of the following:
1. an independent contractor who does not meet the definition of employee under
N.Y. Labor Law § 190(2);
2. an employee covered by a valid collective bargaining agreement, if the provisions
of the ESSTA are expressly waived in such agreement and such agreement provides a benefit
comparable to that provided by the ESSTA for such employee;
3. an audiologist, occupational therapist, physical therapist, or speech language
pathologist who is licensed by the New York State Department of Education and who calls in for
work assignments at will, determines their own schedule, has the ability to reject or accept any
assignment referred to them, and is paid an average hourly wage that is at least four times the
federal minimum wage;
4. an employee in a work study program under Section 2753 of Chapter 42 of the
United States Code;
5. an employee whose work is compensated by a qualified scholarship program as
that term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United
States Code; or
6. a participant in a Work Experience Program (WEP) under N.Y. Social Services
Law § 336-c.
D. Retaliation Prohibited. An employer shall not take any adverse action against an
employee that penalizes the employee for, or is reasonably likely to deter the employee from or
interfere with the employee exercising or attempting in good faith to exercise any right provided
by the ESSTA. In addition, an employer shall not interfere with any investigation, proceeding, or
hearing pursuant to the ESSTA.
E. Notice of Rights.
1. An employer must provide its employees with written notice of their rights
pursuant to the ESSTA. Such notice must be in English and the primary language spoken by an
employee, provided that DCWP has made available a translation into such language.
Downloadable notices are available on DCWP’s website at
https://www1.nyc.gov/site/dca/about/Paid-Safe-Sick-Leave-Notice-of-Employee-Rights.page.
The notice must be provided to the employees by a method that reasonably ensures personal
receipt by the employee.
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2. Any person or entity that willfully violates these notice requirements is subject to
a civil penalty in an amount not to exceed $50.00 for each employee who was not given
appropriate notice.
F. Records. An employer must retain records documenting its compliance with the
ESSTA for a period of at least three years, and must allow DCWP to access such records in
furtherance of an investigation related to an alleged violation of the ESSTA.
H. More Generous Polices and Other Legal Requirements. Nothing in the ESSTA is
intended to discourage, prohibit, diminish, or impair the adoption or retention of a more
generous safe and sick time policy, or the obligation of an employer to comply with any contract,
collective bargaining agreement, employment benefit plan or other agreement providing more
generous safe and sick time. The ESSTA provides minimum requirements pertaining to safe
and sick time and does not preempt, limit, or otherwise affect the applicability of any other law,
regulation, rule, requirement, policy or standard that provides for greater accrual or use by
employees of safe and sick leave or time, whether paid or unpaid, or that extends other
protections to employees. The ESSTA may not be construed as creating or imposing any
requirement in conflict with any federal or state law, rule or regulation.
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APPENDIX A
GENERAL PROVISIONS GOVERNING CONTRACTS FOR
CONSULTANTS, PROFESSIONAL, TECHNICAL AND HUMAN CLIENT SERVICES);
Appendix A January 2018 Final
APPENDIX A
ARTICLE 1 - DEFINITIONS................................................................................................................................................. 4
Section 1.01 Definitions.................................................................................................................................. 4
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ARTICLE 1 - DEFINITIONS
The following words and expressions, or pronouns used in their stead, shall, wherever
they appear in this Agreement, be construed as follows, unless a different meaning is clear from
the context:
G. “Contractor” means the entity entering into this Agreement with the City.
H. “Days” means calendar days unless otherwise specifically noted to mean business
days.
I. “Department” or “Agency” means the City agency or office through which the
City has entered into this Agreement.
J. “Law” or “Laws” means the New York City Charter (“Charter”), the New York
City Administrative Code (“Admin. Code”), a local rule of the City of New York, the
Constitutions of the United States and the State of New York, a statute of the United States or of
the State of New York and any ordinance, rule or regulation having the force of law and adopted
pursuant thereto, as amended, and common law.
L. “PPB Rules” means the rules of the Procurement Policy Board as set forth in Title
9 of the Rules of the City of New York (“RCNY”), § 1-01 et seq.
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Appendix A January 2018 Final
M. “SBS” means the New York City Department of Small Business Services.
A. The Contractor represents and warrants that, with respect to securing or soliciting
this Agreement, the Contractor is in compliance with the requirements of the New York State
Lobbying Law (Legislative Law §§ 1-a et seq.). The Contractor also represents that it is in
compliance with the lobbying registration requirements of Admin. Code §§ 3-211 et seq. and that
any individual or organization who conducted any lobbying on the Contractor’s behalf in order
to solicit or secure this Agreement or the funding for this Agreement is disclosed on the attached
Exhibit C. The Contractor makes such representations and warranties to induce the City to enter
into this Agreement and the City relies upon such representations and warranties in the execution
of this Agreement.
B. For any breach or violation of the representations and warranties set forth in
Paragraph A above, the Commissioner shall have the right to annul this Agreement without
liability, entitling the City to recover all monies paid to the Contractor; and the Contractor shall
not make claim for, or be entitled to recover, any sum or sums due under this Agreement. The
rights and remedies of the City provided in this Section 2.01(B) are not exclusive and are in
addition to all other rights and remedies allowed by Law or under this Agreement.
A. The Contractor represents and warrants that neither it nor any of its directors,
officers, members, partners or employees, has any interest nor shall they acquire any interest,
directly or indirectly, which conflicts in any manner or degree with the performance of this
Agreement. The Contractor further represents and warrants that no person having such interest
or possible interest shall be employed by or connected with the Contractor in the performance of
this Agreement.
B. Consistent with Charter § 2604 and other related provisions of the Charter, the
Admin. Code and the New York State Penal Law, no elected official or other officer or employee
of the City, nor any person whose salary is payable, in whole or in part, from the City Treasury,
shall participate in any decision relating to this Agreement which affects his or her personal
interest or the interest of any corporation, partnership or other entity in which he or she is,
directly or indirectly, interested; nor shall any such official, officer, employee, or person have
any interest in, or in the proceeds of, this Agreement. This Section 2.02(B) shall not prevent
directors, officers, members, partners, or employees of the Contractor from participating in
decisions relating to this Agreement where their sole personal interest is in the Contractor.
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Appendix A January 2018 Final
C. The Contractor shall not employ a person or permit a person to serve as a member
of the Board of Directors or as an officer of the Contractor if such employment or service would
violate Chapter 68 of the Charter.
A. The Contractor and each person signing on its behalf certifies, under penalties of
perjury, that to the best of its, his or her knowledge and belief:
1. The prices and other material terms set forth in this Agreement have been
arrived at independently, without collusion, consultation, communication, or agreement
with any other bidder or proposer or with any competitor as to any matter relating to such
prices or terms for the purpose of restricting competition;
3. No attempt has been made or will be made by the Contractor to induce any
other person or entity to submit or not to submit a bid or proposal for the purpose of
restricting competition.
B. The fact that the Contractor (i) has published price lists, rates, or tariffs covering
items being procured, (ii) has informed prospective customers of proposed or pending
publication of new or revised price lists for such items, or (iii) has sold the same items to other
customers at the same prices and/or terms being bid or proposed, does not constitute, without
more, a disclosure within the meaning of this Section 2.03.
The Contractor represents and warrants that it has duly executed and filed all disclosures
as applicable, in accordance with Admin. Code § 6-116.2, PPB Rule § 2-08, and the policies and
procedures of the Mayor’s Office of Contract Services. The Contractor acknowledges that the
Department’s reliance on the completeness and veracity of the information stated therein is a
material condition to the execution of this Agreement, and the Contractor represents and
warrants that the information it and its principals have provided is accurate and complete.
If the Contractor files for bankruptcy or reorganization under Chapter Seven or Chapter
Eleven of the United States Bankruptcy Code, the Contractor shall disclose such action to the
Department within seven days of filing.
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The Contractor represents and warrants that: (i) its execution, delivery and performance
of this Agreement have been duly authorized by all necessary corporate action on its part; (ii) it
has all necessary power and authority to execute, deliver and perform its obligations under this
Agreement; and (iii) once executed and delivered, this Agreement will constitute its legal, valid
and binding obligation, enforceable in accordance with its terms.
A. The Contractor shall not assign, transfer, convey, or otherwise dispose of this
Agreement, or the right to execute it, or the right, title, or interest in or to it or any part of it, or
assign, by power of attorney or otherwise, any of the monies due or to become due under this
Agreement, without the prior written consent of the Commissioner. The giving of any such
consent to a particular assignment shall not dispense with the necessity of such consent to any
further or other assignments. Any such assignment, transfer, conveyance, or other disposition
without such written consent shall be void.
B. Before entering into any such assignment, transfer, conveyance, or other disposal
of this Agreement, the Contractor shall submit a written request for approval to the Department
giving the name and address of the proposed assignee. The proposed assignee’s disclosure that
is required by PPB Rule § 2-08(e) must be submitted within 30 Days after the ACCO has
granted preliminary written approval of the proposed assignee, if required. Upon the request of
the Department, the Contractor shall provide any other information demonstrating that the
proposed assignee has the necessary facilities, skill, integrity, past experience, and financial
resources to perform the specified services in accordance with the terms and conditions of this
Agreement. The Department shall make a final determination in writing approving or
disapproving the assignee after receiving all requested information.
D. The provisions of this Section 3.01 shall not hinder, prevent, or affect an
assignment by the Contractor for the benefit of its creditors made pursuant to the Laws of the
State.
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A. In accordance with PPB Rule § 4-13, all subcontractors and consultants must be
approved by the Department prior to commencing work under a subcontract or consultant
contract.
2 Assistance establishing a Payee Information Portal account and using the system may be obtained by
emailing the Financial Information Services Agency Help Desk at pip@fisa.nyc.gov.
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B. All subcontracts and consultant contracts must be in writing. All subcontracts and
consultant contracts shall contain provisions specifying that:
C. The Contractor agrees that it is as fully responsible to the Department for the acts
and omissions of its subcontractors and consultants and of persons either directly or indirectly
employed by such subcontractors and consultants as it is for the acts and omissions of any person
directly employed by it.
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H. The Contractor shall report in the City’s Payee Information Portal payments made
to each subcontractor or consultant within 30 days of making the payment. If any of the
information provided in accordance with Section 3.02(A)(2)(b) changes during the term of this
Agreement, the Contractor shall update the information in such Portal accordingly. Failure of
the Contractor to list a subcontractor or consultant and/or to report subcontractor and consultant
payments in a timely fashion may result in the Department declaring the Contractor in default of
the Agreement and will subject Contractor to liquidated damages in the amount of $100 per day
for each day that the Contractor fails to identify a subcontractor or consultant along with the
required information about the subcontractor or consultant and/or fails to report payments to a
subcontractor or consultant, beyond the time frames set forth herein or in the notice from the
City.
The Contractor and the City agree that the Contractor is an independent contractor and
not an employee, subsidiary, affiliate, division, department, agency, office, or unit of the City.
Accordingly, the Contractor and its employees, officers, and agents shall not, by reason of this
Agreement or any performance pursuant to or in connection with this Agreement, assert the
existence of any relationship or status on the part of the Contractor, with respect to the City, that
differs from or is inconsistent with that of an independent contractor.
All persons who are employed by the Contractor and all the Contractor’s subcontractors
(including without limitation, consultants and independent contractors) that are retained to
perform services under or in connection with this Agreement are neither employees of the City
nor under contract with the City. The Contractor, and not the City, is responsible for their work,
direction, compensation, and personal conduct while the Contractor is engaged under this
Agreement. Nothing in this Agreement, and no entity or person’s performance pursuant to or in
connection with this Agreement, shall create any relationship between the City and the
Contractor’s employees, agents, subcontractors, or subcontractor’s employees or agents
(including without limitation, a contractual relationship, employer-employee relationship, or
quasi-employer/quasi-employee relationship) or impose any liability or duty on the City (i) for or
on account of the acts, omissions, liabilities, rights or obligations of the Contractor, its
employees or agents, its subcontractors, or its subcontractor’s employees or agents (including
without limitation, obligations set forth in any collective bargaining agreement); or (ii) for taxes
of any nature; or (iii) for any right or benefit applicable to an official or employee of the City or
to any officer, agent, or employee of the Contractor or any other entity (including without
limitation, Workers’ Compensation coverage, Employers’ Liability coverage, Disability Benefits
coverage, Unemployment Insurance benefits, Social Security coverage, employee health and
welfare benefits or employee retirement benefits, membership or credit). The Contractor and its
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Appendix A January 2018 Final
employees, officers, and agents shall not, by reason of this Agreement or any performance
pursuant to or in connection with this Agreement, (i) hold themselves out as, or claim to be,
officials or employees of the City, including any department, agency, office, or unit of the City,
or (ii) make or support in any way on behalf of or for the benefit of the Contractor, its
employees, officers, or agents any demand, application, or claim upon or against the City for any
right or benefit applicable to an official or employee of the City or to any officer, agent, or
employee of the Contractor or any other entity. Except as specifically stated in this Agreement,
nothing in the Agreement and no performance pursuant to or in connection with the Agreement
shall impose any liability or duty on the City to any person or entity whatsoever.
The Contractor shall not have anyone perform work under this Agreement who is not
competent, faithful, and skilled in the work for which he or she shall be employed. Whenever
the Commissioner shall inform the Contractor, in writing, that any individual is, in his or her
opinion, incompetent, unfaithful, or unskilled, such individual shall no longer perform work
under this Agreement. Prior to making a determination to direct a Contractor that an individual
shall no longer perform work under this Agreement, the Commissioner shall provide the
Contractor an opportunity to be heard on no less than five Days’ written notice. The
Commissioner may direct the Contractor to prohibit the individual from performing work under
the Agreement pending the opportunity to be heard and the Commissioner’s determination.
B. If this Agreement involves the provision of homecare services, day care services,
head start services, services to persons with cerebral palsy, building services, food services, or
temporary services, as those services are defined in Admin. Code § 6-109 (“Section 6-109”), in
accordance with Section 6-109, the Contractor agrees as follows:
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3. The Contractor shall maintain original payroll records for each of its
covered employees reflecting the days and hours worked on contracts, projects, or
assignments that are subject to the requirements of Section 6-109, and the wages paid and
benefits provided for such hours worked. The Contractor shall maintain these records for
the duration of the term of this Agreement and shall retain them for a period of four years
after completion of this Agreement. For contracts involving building services, food
services, or temporary services, the Contractor shall submit copies of payroll records,
certified by the Contractor under penalty of perjury to be true and accurate, to the
Department with every requisition for payment. For contracts involving homecare, day
care, head start or services to persons with cerebral palsy, the Contractor shall submit
either certified payroll records or categorical information about the wages, benefits, and
job classifications of covered employees of the Contractor, and of any subcontractors,
which shall be the substantial equivalent of the information required in Section 6-
109(2)(a)(iii).
4. The Contractor and all subcontractors shall pay all covered employees by
check or via ACH deposit and shall provide employees check stubs or other
documentation at least once each month containing information sufficient to document
compliance with the requirements of the Living Wage Law concerning living wages,
prevailing wages, supplements, and health benefits. In addition, if this Agreement is for
an amount greater than $1,000,000.00, payment issued by the Contractor to covered
employees shall be generated by a payroll service or automated payroll system (an in-
house system may be used if approved by the Department). For any subcontract for an
amount greater than $750,000.00, payment issued by a subcontractor to covered
employees shall be generated by a payroll service or automated payroll system (an in-
house system may be used if approved by the Department).
6. The Contractor shall ensure that its subcontractors comply with the
requirements of Section 6-109, and shall provide written notification to its subcontractors
of those requirements. All subcontracts made by the Contractor shall be in writing and
shall include provisions relating to the wages, supplements, and health benefits required
by Section 6-109. No work may be performed by a subcontractor employing covered
employees prior to the Contractor entering into a written subcontract with the
subcontractor.
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7. Each year throughout the term of the Agreement and whenever requesting
the Department’s approval of a subcontractor, the Contractor shall submit to the
Department an updated certification, as required by Section 6-109 and in the form of the
certification attached to this Agreement, identifying any changes to the current
certification.
A. General Prohibition. To the extent required by law, the Contractor shall not
unlawfully discriminate against any employee or applicant for employment because of actual or
perceived age, religion, religious practice, creed, sex, gender, gender identity or gender
expression, sexual orientation, status as a victim of domestic violence, stalking, and sex offenses,
familial status, partnership status, marital status, caregiver status, pregnancy, childbirth or related
medical condition, disability, presence of a service animal, predisposing genetic characteristics,
race, color, national origin (including ancestry), alienage, citizenship status, political activities or
recreational activities as defined in N.Y. Labor Law 201-d, arrest or conviction record, credit
history, military status, uniformed service, unemployment status, salary history, or any other
protected class of individuals as defined by City, State or Federal laws, rules or regulations. The
Contractor shall comply with all statutory and regulatory obligations to provide reasonable
accommodations to individuals with disabilities, due to pregnancy, childbirth, or a related
medical condition, due to status as a victim of domestic violence, stalking, or sex offenses, or
due to religion.
B. N.Y. Labor Law § 220-e. If this Agreement is for the construction, alteration or
repair of any public building or public work or for the manufacture, sale, or distribution of
materials, equipment, or supplies, the Contractor agrees, as required by N.Y. Labor Law § 220-e,
that:
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2. Neither the Contractor, subcontractor, nor any person on his or her behalf
shall, in any manner, discriminate against or intimidate any employee hired for the
performance of work under this Agreement on account of race, creed, color, disability,
sex or national origin;
3. There may be deducted from the amount payable to the Contractor by the
City under this Agreement a penalty of $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; and
4. This Agreement may be terminated by the City, and all monies due or to
become due hereunder may be forfeited, for a second or any subsequent violation of the
terms or conditions of this Section 4.05.
The provisions of this Section 4.05(B) shall be limited to operations performed within the
territorial limits of the State of New York.
Breach of the foregoing provisions shall be deemed a breach of a material provision of this
Agreement.
Any person, or the employee, manager or owner of or officer of such firm or corporation who
shall violate any of the provisions of this Section 4.05(C) shall, upon conviction thereof, be
punished by a fine of not more than $100.00 or by imprisonment for not more than 30 Days, or
both.
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f. Will permit DLS to have access to all relevant books, records, and
accounts for the purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
2. The Contractor understands that in the event of its noncompliance with the
nondiscrimination clauses of this Agreement or with any of such rules, regulations, or
orders, such noncompliance shall constitute a material breach of this Agreement and
noncompliance with E.O. 50 and the rules and regulations promulgated thereunder. After
a hearing held pursuant to the rules of DLS, the Director of DLS may direct the
Commissioner to impose any or all of the following sanctions:
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3 Pursuant to the PSLL, if fewer than five employees work for the same employer, as determined pursuant
Admin. Code § 20-912(g), such employer has the option of providing such employees uncompensated sick time.
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2. The PSLL became effective on April 1, 2014, and is codified at Title 20,
Chapter 8, of the Admin. Code. It is administered by the City’s Department of Consumer
Affairs (“DCA”). DCA’s rules promulgated under the PSLL are codified at Chapter 7 of
Title 6 of the Rules of the City of New York (“Rules”).
3. The Contractor agrees to comply in all respects with the PSLL and the
Rules, and as amended, if applicable, in the performance of this Agreement. The
Contractor further acknowledges that such compliance is a material term of this
Agreement and that failure to comply with the PSLL in performance of this Agreement
may result in its termination.
4. The Contractor must notify the ACCO in writing within 10 Days of receipt
of a complaint (whether oral or written) regarding the PSLL involving the performance of
this Agreement. Additionally, the Contractor must cooperate with DCA’s education
efforts and must comply with DCA’s subpoenas and other document demands as set forth
in the PSLL and Rules.
B. Pursuant to the PSLL and the Rules: Applicability, Accrual, and Use.
1. An employee who works within the City of New York for more than
eighty hours in any consecutive 12-month period designated by the employer as its
“calendar year” pursuant to the PSLL (“Year”) must be provided sick time. Employers
must provide a minimum of one hour of sick time for every 30 hours worked by an
employee and compensation for such sick time must be provided at the greater of the
employee’s regular hourly rate or the minimum wage. Employers are not required to
provide more than 40 hours of sick time to an employee in any Year.
2. An employee has the right to determine how much sick time he or she will
use, provided that employers may set a reasonable minimum increment for the use of sick
time not to exceed four hours per Day. In addition, an employee may carry over up to 40
hours of unused sick time to the following Year, provided that no employer is required to
allow the use of more than 40 hours of sick time in a Year or carry over unused paid sick
time if the employee is paid for such unused sick time and the employer provides the
employee with at least the legally required amount of paid sick time for such employee
for the immediately subsequent Year on the first Day of such Year.
3. An employee entitled to sick time pursuant to the PSLL may use sick time
for any of the following:
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6. Sick time to which an employee is entitled must be paid no later than the
payday for the next regular payroll period beginning after the sick time was used.
C. Exemptions and Exceptions. Notwithstanding the above, the PSLL does not
apply to any of the following:
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E. Notice of Rights.
F. Records. An employer must retain records documenting its compliance with the
PSLL for a period of at least three years, and must allow DCA to access such records in
furtherance of an investigation related to an alleged violation of the PSLL.
1. Upon receiving a complaint alleging a violation of the PSLL, DCA has the
right to investigate such complaint and attempt to resolve it through mediation. Within
30 Days of written notification of a complaint by DCA, or sooner in certain
circumstances, the employer must provide DCA with a written response and such other
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information as DCA may request. If DCA believes that a violation of the PSLL has
occurred, it has the right to issue a notice of violation to the employer.
H. More Generous Polices and Other Legal Requirements. Nothing in the PSLL is
intended to discourage, prohibit, diminish, or impair the adoption or retention of a more generous
sick time policy, or the obligation of an employer to comply with any contract, collective
bargaining agreement, employment benefit plan or other agreement providing more generous
sick time. The PSLL provides minimum requirements pertaining to sick time and does not
preempt, limit, or otherwise affect the applicability of any other law, regulation, rule,
requirement, policy or standard that provides for greater accrual or use by employees of sick
leave or time, whether paid or unpaid, or that extends other protections to employees. The PSLL
may not be construed as creating or imposing any requirement in conflict with any federal or
state law, rule, or regulation.
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a. how its employees can report to the New York City Department of
Investigation allegations of fraud, false claims, criminality or corruption arising
out of or in connection with the Agreement; and
4. For the purposes of this Section 4.07, “adverse personnel action” includes
dismissal, demotion, suspension, disciplinary action, negative performance evaluation,
any action resulting in loss of staff, office space, equipment or other benefit, failure to
appoint, failure to promote, or any transfer or assignment or failure to transfer or assign
against the wishes of the affected officer or employee.
The Contractor agrees to maintain separate and accurate books, records, documents, and
other evidence, and to utilize appropriate accounting procedures and practices that sufficiently
and properly reflect all direct and indirect costs of any nature expended in the performance of
this Agreement.
The Contractor agrees to retain all books, records, documents, and other evidence
relevant to this Agreement, including those required pursuant to Section 5.01, for six years after
the final payment or expiration or termination of this Agreement, or for a period otherwise
prescribed by Law, whichever is later. In addition, if any litigation, claim, or audit concerning
this Agreement has commenced before the expiration of the six-year period, the books, records,
documents, and other evidence must be retained until the completion of such litigation, claim, or
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audit. Any books, records, documents, and other evidence that are created in an electronic
format in the regular course of business may be retained in an electronic format. Any books,
records, documents, or other evidence that are created in the regular course of business as a paper
copy may be retained in an electronic format provided that they satisfy the requirements of N.Y.
Civil Practice Law and Rules (“CPLR”) 4539(b), including the requirement that the reproduction
is created in a manner “which does not permit additions, deletions, or changes without leaving a
record of such additions, deletions, or changes.” Furthermore, the Contractor agrees to waive
any objection to the admissibility of any such books, records, documents, or other evidence on
the grounds that such documents do not satisfy CPLR 4539(b).
A. At any time during the Agreement or during the record retention period set forth
in Section 5.02, the City, including the Department and the Department’s Office of the Inspector
General, as well as City, State, and federal auditors and any other persons duly authorized by the
City shall, upon reasonable notice and pursuant to a reasonable basis, have full access to and the
right to examine and copy all books, records, documents, and other evidence maintained or
retained by or on behalf of the Contractor pursuant to this Article 5 that are directly related to
this Agreement. Notwithstanding any provision herein regarding notice of inspection, all books,
records, documents, and other evidence of the Contractor kept pursuant to this Agreement shall
be subject to immediate inspection, review, and copying by the Department’s Office of the
Inspector General, the Comptroller, and/or federal auditors without prior notice and at no
additional cost to the City. The Contractor shall make such books, records documents, and other
evidence available for inspection in the City of New York or shall reimburse the City for
expenses associated with the out-of-City inspection.
B. The Department shall have the right to have representatives of the Department or
of the City, State or federal government present to observe the services being performed unless
the same would constitution a violation of HIPAA or other Federal, New York State or local law
and/or such presence would undermine the provision of services that Contractor is providing, as
determined in the reasonable discretion of the Contractor. If observation of particular services or
activity would constitute a waiver of a legal privilege or violate the Law or an ethical obligation
under the New York Rules of Professional Conduct for attorneys, National Association of Social
Workers Code of Ethics or other similar code governing the provision of a profession’s services
in New York State, the Contractor shall promptly inform the Department or other entity seeking
to observe such work or activity. Such restriction shall not act to prevent government
representatives from inspecting the provision of services in a manner that allows the
representatives to ensure that services are being performed in accordance with this Agreement.
C. The Contractor shall not be entitled to final payment until the Contractor has
complied with any request for inspection or access given under this Section 5.03.
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relevant portions of books, records, and other documents upon which such vouchers or invoices
are based (e.g., reports, cancelled checks, accounts, and all other similar material), are subject to
audit by (i) the City, including the Comptroller, the Department, and the Department’s Office of
the Inspector General, (ii) the State, (iii) the federal government, and (iv) other persons duly
authorized by the City. Such audits may include examination and review of the source and
application of all funds from the City, the State, the federal government.
B. Audits by the City, including the Comptroller, the Department, and the
Department’s Office of the Inspector General, are performed pursuant to the powers and
responsibilities conferred by the Charter and the Admin. Code, as well as all orders, rules, and
regulations promulgated pursuant to the Charter and Admin. Code.
C. The Contractor shall submit any and all documentation and justification in
support of expenditures or fees under this Agreement as may be required by the Department and
by the Comptroller in the exercise of his/her powers under Law.
D. The Contractor shall not be entitled to final payment until the Contractor has
complied with the requirements of this Section 5.04.
Where performance of this Agreement involves use by the Contractor of any City books,
records, documents, or data (in hard copy, or electronic or other format now known or developed
in the future) at City facilities or offices, the Contractor shall not remove any such items or
material (in the format in which it originally existed, or in any other converted or derived format)
from such facility or office without the prior written approval of the Department’s designated
official. Upon the request by the Department at any time during the Agreement or after the
Agreement has expired or terminated, the Contractor shall return to the Department any City
books, records, documents, or data that has been removed from City premises provided such
return is not in violation of HIPAA or any Federal, New York State or other local law.
As used in this Appendix A, the terms “books,” “records,” “documents,” and “other
evidence” refer to electronic versions as well as hard copy versions.
A. The Contractor agrees to cooperate fully and faithfully with any investigation,
audit or inquiry conducted by a State or City agency or authority that is empowered directly or
by designation to compel the attendance of witnesses and to examine witnesses under oath, or
conducted by the Inspector General of a governmental agency that is a party in interest to the
transaction, submitted bid, submitted proposal, contract, lease, permit, or license that is the
subject of the investigation, audit or inquiry.
B. 1. If any person who has been advised that his or her statement, and any
information from such statement, will not be used against him or her in any subsequent
criminal proceeding refuses to testify before a grand jury or other governmental agency
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2. If any person refuses to testify for a reason other than the assertion of his
or her privilege against self-incrimination in an investigation, audit or inquiry conducted
by a City or State governmental agency or authority empowered directly or by
designation to compel the attendance of witnesses and to take testimony under oath, or by
the Inspector General of the governmental agency that is a party in interest in, and is
seeking testimony concerning the award of, or performance under, any transaction,
agreement, lease, permit, contract, or license entered into with the City, the State, or any
political subdivision thereof or any local development corporation within the City, then;
D. The penalties that may attach after a final determination by the Commissioner or
Agency Head may include but shall not exceed:
1. The disqualification for a period not to exceed five years from the date of
an adverse determination for any person, or any entity of which such person was a
member at the time the testimony was sought, from submitting bids for, or transacting
business with, or entering into or obtaining any contract, lease, permit or license with or
from the City; and/or
2. The cancellation or termination of any and all such existing City contracts,
leases, permits or licenses that the refusal to testify concerns and that have not been
assigned as permitted under this Agreement, nor the proceeds of which pledged, to an
unaffiliated and unrelated institutional lender for fair value prior to the issuance of the
notice scheduling the hearing, without the City incurring any penalty or damages on
account of such cancellation or termination; monies lawfully due for goods delivered,
work done, rentals, or fees accrued prior to the cancellation or termination shall be paid
by the City.
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E. The Commissioner or Agency Head shall consider and address in reaching his or
her determination and in assessing an appropriate penalty the factors in Paragraphs (1) and (2)
below. He or she may also consider, if relevant and appropriate, the criteria established in
Paragraphs (3) and (4) below, in addition to any other information that may be relevant and
appropriate:
1. The party’s good faith endeavors or lack thereof to cooperate fully and
faithfully with any governmental investigation or audit, including but not limited to the
discipline, discharge, or disassociation of any person failing to testify, the production of
accurate and complete books and records, and the forthcoming testimony of all other
members, agents, assignees or fiduciaries whose testimony is sought.
2. The relationship of the person who refused to testify to any entity that is a
party to the hearing, including, but not limited to, whether the person whose testimony is
sought has an ownership interest in the entity and/or the degree of authority and
responsibility the person has within the entity.
3. The nexus of the testimony sought to the subject entity and its contracts,
leases, permits or licenses with the City.
F. Definitions
2. The term “person” as used in this Section shall be defined as any natural
person doing business alone or associated with another person or entity as a partner,
director, officer, principal or employee.
3. The term “entity” as used in this Section shall be defined as any firm,
partnership, corporation, association, or person that receives monies, benefits, licenses,
leases, or permits from or through the City, or otherwise transacts business with the City.
4. The term “member” as used in this Section shall be defined as any person
associated with another person or entity as a partner, director, officer, principal, or
employee.
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writing to the City Commissioner of Investigation any solicitation of money, goods, requests for
future employment or other benefits or thing of value, by or on behalf of any employee of the
City or other person or entity for any purpose that may be related to the procurement or obtaining
of this Agreement by the Contractor, or affecting the performance of this Agreement.
A. The Contractor agrees to hold confidential, both during and after the completion
or termination of this Agreement, all of the reports, information, or data, furnished to, or
prepared, assembled or used by, the Contractor under this Agreement. The Contractor agrees to
maintain the confidentiality of such reports, information, or data by using a reasonable degree of
care, and using at least the same degree of care that the Contractor uses to preserve the
confidentiality of its own confidential information. The Contractor agrees that such reports,
information, or data shall not be made available to any person or entity without the prior written
approval of the Department. The obligation under this Section 5.08 to hold reports, information
or data confidential shall not apply where the Contractor is legally required to disclose such
reports, information or data, by virtue of a subpoena, court order or otherwise (“disclosure
demand”), provided that the Contractor complies with the following: (1) the Contractor shall
provide advance notice to the Commissioner, in writing or by e-mail, that it received a disclosure
demand for to disclose such reports, information or data and (2) if requested by the Department,
the Contractor shall not disclose such reports, information, or data until the City has exhausted
its legal rights, if any, to prevent disclosure of all or a portion of such reports, information or
data. The previous sentence shall not apply if the Contractor is prohibited by law from
disclosing to the Department the disclosure demand for such reports, information or data.
B. The Contractor shall provide notice to the Department within three days of the
discovery by the Contractor of any breach of security, as defined in Admin. Code § 10-501(b), of
any data, encrypted or otherwise, in use by the Contractor that contains social security numbers
or other personal identifying information as defined in Admin. Code § 10-501 (“Personal
Identifying Information”), where such breach of security arises out of the acts or omissions of the
Contractor or its employees, subcontractors, or agents. Upon the discovery of such security
breach, the Contractor shall take reasonable steps to remediate the cause or causes of such
breach, and shall provide notice to the Department of such steps. In the event of such breach of
security, without limiting any other right of the City, the City shall have the right to withhold
further payments under this Agreement for the purpose of set-off in sufficient sums to cover the
costs of notifications and/or other actions mandated by any Law, or administrative or judicial
order, to address the breach, and including any fines or disallowances imposed by the State or
federal government as a result of the disclosure. The City shall also have the right to withhold
further payments hereunder for the purpose of set-off in sufficient sums to cover the costs of
credit monitoring services for the victims of such a breach of security by a national credit
reporting agency, and/or any other commercially reasonable preventive measure. The
Department shall provide the Contractor with written notice and an opportunity to comment on
such measures prior to implementation. Alternatively, at the City’s discretion, or if monies
remaining to be earned or paid under this Agreement are insufficient to cover the costs detailed
above, the Contractor shall pay directly for the costs, detailed above, if any.
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D. The Contractor, and its officers, employees, and agents shall notify the
Department, at any time either during or after completion or termination of this Agreement, of
any intended statement to the press or any intended issuing of any material for publication in any
media of communication (print, news, television, radio, Internet, etc.) regarding the services
provided or the data collected pursuant to this Agreement at least 24 hours prior to any statement
to the press or at least five business days prior to the submission of the material for publication,
or such shorter periods as are reasonable under the circumstances. The Contractor may not issue
any statement or submit any material for publication that includes confidential information as
prohibited by this Section 5.08.
E. At the request of the Department, the Contractor shall return to the Department
any and all confidential information in the possession of the Contractor or its subcontractors. If
the Contractor or its subcontractors are legally required to retain any confidential information,
the Contractor shall notify the Department in writing and set forth the confidential information
that it intends to retain and the reasons why it is legally required to retain such information. The
Contractor shall confer with the Department, in good faith, regarding any issues that arise from
the Contractor retaining such confidential information. If the Department does not request such
information or the Law does not require otherwise, such information shall be maintained in
accordance with the requirements set forth in Section 5.02.
F. A breach of this Section 5.08 shall constitute a material breach of this Agreement
for which the Department may terminate this Agreement pursuant to Article 10. The Department
reserves any and all other rights and remedies in the event of unauthorized disclosure.
B. To the extent permitted under HIPAA, Federal State and Local law, any reports,
documents, data, photographs, deliverables, and/or other materials provided pursuant to this
Agreement (“Copyrightable Materials”) shall be considered “work-made-for-hire” within the
meaning and purview of Section 101 of the United States Copyright Act, 17 U.S.C. § 101, and
the City shall be the copyright owner thereof and of all aspects, elements, and components
thereof in which copyright protection might exist. To the extent that the Copyrightable Materials
do not qualify as “work-made-for-hire,” the Contractor hereby irrevocably transfers, assigns and
conveys exclusive copyright ownership in and to the Copyrightable Materials to the City, free
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and clear of any liens, claims, or other encumbrances. The Contractor shall retain no copyright
or intellectual property interest in the Copyrightable Materials. The Copyrightable Materials
shall be used by the Contractor for no purpose other than in the performance of this Agreement
without the prior written permission of the City. The Department may grant the Contractor a
license to use the Copyrightable Materials on such terms as determined by the Department and
set forth in the license.
C. The Contractor acknowledges that the City may, in its sole discretion, register
copyright in the Copyrightable Materials with the United States Copyright Office or any other
government agency authorized to grant copyright registrations. The Contractor shall fully
cooperate in this effort, and agrees to provide any and all documentation necessary to accomplish
this.
E. If the services under this Agreement are supported by a federal grant of funds, the
federal and State government reserves a royalty-free, non-exclusive irrevocable license to
reproduce, publish, or otherwise use and to authorize others to use, for federal or State
government purposes, the copyright in any Copyrightable Materials developed under this
Agreement to the extent permissible by HIPAA, Federal, State and local law.
F. If the Contractor publishes a work dealing with any aspect of performance under
this Agreement, or with the results of such performance, the City shall have a royalty-free, non-
exclusive irrevocable license to reproduce, publish, or otherwise use such work for City
governmental purposes.
The Contractor shall promptly and fully report to the Department any discovery or
invention arising out of or developed in the course of performance of this Agreement. If the
services under this Agreement are supported by a federal grant of funds, the Contractor shall
promptly and fully report to the federal government for the federal government to make a
determination as to whether patent protection on such invention shall be sought and how the
rights in the invention or discovery, including rights under any patent issued thereon, shall be
disposed of and administered in order to protect the public interest.
In no case shall Sections 6.01 and 6.02 apply to, or prevent the Contractor from asserting
or protecting its rights in any discovery, invention, report, document, data, photograph,
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deliverable, or other material in connection with or produced pursuant to this Agreement that
existed prior to or was developed or discovered independently from the activities directly related
to this Agreement.
The Contractor hereby assigns, sells, and transfers to the City all right, title, and interest
in and to any claims and causes of action arising under the antitrust laws of the State or of the
United States relating to the particular goods or services procured by the City under this
Agreement.
ARTICLE 7 - INSURANCE
The Contractor shall maintain the following types of insurance if and as indicated in
Schedule A (with the minimum limits and special conditions specified in Schedule A)
throughout the term of this Agreement, including any applicable guaranty period. All insurance
shall meet the requirements set forth in this Article 7. Wherever this Article 7 requires that
insurance coverage be “at least as broad” as a specified form (including all ISO forms), there is
no obligation that the form itself be used, provided that the Contractor can demonstrate that the
alternative form or endorsement contained in its policy provides coverage at least as broad as the
specified form.
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F. Other Insurance. The Contractor shall provide such other types of insurance in
the amounts specified in Schedule A.
A. Unless otherwise stated, all insurance required by Section 7.03 of this Agreement
must:
2. have an A.M. Best rating of at least A- / VII, a Standard & Poor’s rating of
at least A, a Moody’s Investors Service rating of at least A3, a Fitch Ratings rating of at
least A- or a similar rating by any other nationally recognized statistical rating
organization acceptable to the New York City Law Department unless prior written
approval is obtained from the New York City Law Department; and
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B. The Contractor shall be solely responsible for the payment of all premiums for all
required insurance policies and all deductibles or self-insured retentions to which such policies
are subject, whether or not the City is an insured under the policy.
D. The limits of coverage for all types of insurance for the City, including its
officials and employees, and any other additional insured listed on Schedule A that must be
provided to such additional insured(s) shall be the greater of (i) the minimum limits set forth in
Schedule A or (ii) the limits provided to the Contractor as named insured under all primary,
excess, and umbrella policies of that type of coverage.
A. For each policy required under Section 7.03 and Schedule A of this
Agreement, the Contractor shall file proof of insurance and, where applicable, proof that the
City, including its officials and employees, is an additional insured with the Department within
ten Days of award of this Agreement. The following proof is acceptable:
C. The Contractor shall provide the City with a copy of any policy required under
this Article 7 upon the demand for such policy by the Commissioner or the New York City Law
Department.
E. If the Contractor receives notice, from an insurance company or other person, that
any insurance policy required under this Article 7 shall expire or be cancelled or terminated for
any reason, the Contractor shall immediately forward a copy of such notice to both the address
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referred to in Section 14.04 and Schedule A and to the New York City Comptroller, Attn: Office
of Contract Administration, Municipal Building, One Centre Street, Room 1005, New York,
New York 10007.
B. The Contractor’s failure to maintain any of the insurance required by this Article
7 and Schedule A shall constitute a material breach of this Agreement. Such breach shall not be
waived or otherwise excused by any action or inaction by the City at any time.
C. Insurance coverage in the minimum amounts required in this Article 7 shall not
relieve the Contractor or its subcontractors of any liability under this Agreement, nor shall it
preclude the City from exercising any rights or taking such other actions as are available to it
under any other provisions of this Agreement or Law.
D. With respect to insurance required by Section 7.03 and Schedule A (but not
including professional liability/errors and omissions insurance), the Contractor waives all rights
against the City, including its officials and employees, and any other entity listed as an additional
insured on Schedule A for any damages or losses that are covered under any insurance required
under this Article 7 (whether or not such insurance is actually procured or claims are paid
thereunder) or any other insurance applicable to the operations of the Contractor and/or its
subcontractors in the performance of this Agreement.
E. In the event the Contractor requires any subcontractor to maintain insurance with
regard to any operations under this Agreement and requires such subcontractor to list the
Contractor as an additional insured under such insurance, the Contractor shall ensure that such
entity also list the City, including its officials and employees, and any other entity listed as an
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The Contractor shall take all reasonable precautions to protect all persons and the
property of the City and of others from injury, damage, or loss resulting from the Contractor’s
and/or its subcontractors’ operations under this Agreement. The Parties acknowledge and accept
that Contractor shall not be held responsible either financially or legally, for any cost, injury,
damage, claim or loss to the extent resulting from the misconduct or negligence by the Service
Recipients in New York which this Agreement seeks to aid (“Service Recipients”). Any cost,
injury, damage, claim or loss to the extent resulting by or from the Service Recipients shall be
the sole financial and legal responsibility of the City.
The Contractor assumes the risk of, and shall be responsible for, any loss or damage to
City property, including property and equipment leased by the City, used in the performance of
this Agreement, where such loss or damage to the extent caused by Contractor’s negligence, any
tortious act, or failure to comply with the provisions of this Agreement or of Law. For avoidance
of doubt, the City shall be responsible for any loss or damage to City property, including
property and equipment leased by the City, used in the performance of this Agreement, to the
extent such loss or damage is caused by negligence, any tortious act, or failure to comply with
the provisions of this Agreement or of Law by the Service Recipients.
To the fullest extent permitted by Law, the Contractor shall defend, indemnify, and hold
harmless the City, including its officials and employees, against any and all claims (even if the
allegations of the claim are without merit), judgments for damages on account of any injuries or
death to any person or damage to any property, and costs and expenses to which the City or its
officials or employees, may be subject to or which they may suffer or incur allegedly arising out
of any of the operations of the Contractor and/or its subcontractors under this Agreement to the
extent resulting from any negligent act of commission or omission, any intentional tortious act,
and/or the failure to comply with Law or any of the requirements of this Agreement. Insofar as
the facts or Law relating to any of the foregoing would preclude the City or its officials or
employees from being completely indemnified by the Contractor, the City and its officials and
employees shall be partially indemnified by the Contractor to the fullest extent permitted by
Law.
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To the fullest extent permitted by Law, the Contractor shall defend, indemnify, and hold
harmless the City, including its officials and employees, against any and all claims (even if the
allegations of the claim are without merit), judgments for damages, and costs and expenses to
which the City or its officials or employees, may be subject to or which they may suffer or incur
allegedly arising out of any infringement, violation, or unauthorized use of any copyright, trade
secret, trademark or patent or any other property or personal right of any third party by the
Contractor and/or its employees, agents, or subcontractors in the performance of this Agreement.
To the fullest extent permitted by Law, the Contractor shall defend, indemnify, and hold
harmless the City and its officials and employees regardless of whether or not the alleged
infringement, violation, or unauthorized use arises out of compliance with the Agreement’s
scope of services/scope of work. Insofar as the facts or Law relating to any of the foregoing
would preclude the City and its officials and employees from being completely indemnified by
the Contractor, the City and its officials and employees shall be partially indemnified by the
Contractor to the fullest extent permitted by Law.
The Contractor’s obligation to indemnify, defend and hold harmless the City and its
officials and employees shall neither be (i) limited in any way by the Contractor’s obligations to
obtain and maintain insurance under this Agreement, nor (ii) adversely affected by any failure on
the part of the City or its officials or employees to avail themselves of the benefits of such
insurance.
A. If any claim is made or any action brought in any way relating to Agreement other
than an action between the City and the Contractor, the Contractor shall diligently render to the
City without additional compensation all assistance that the City may reasonably require of the
Contractor.
B. The Contractor shall report to the Department in writing within five business days
of the initiation by or against the Contractor of any legal action or proceeding relating to this
Agreement.
A. If any claim is made or any action is brought against the City for which the
Contractor may be required to indemnify the City pursuant to this Agreement, the City shall have
the right to withhold further payments under this Agreement for the purpose of set-off in
sufficient sums to cover the said claim or action.
B. If any City property is lost or damaged as set forth in Section 8.02, except for
normal wear and tear, the City shall have the right to withhold payments under this Agreement
for the purpose of set-off in sufficient sums to cover such loss or damage.
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C. The City shall not, however, impose a set-off in the event that an insurance
company that provided insurance pursuant to Section 7.03 above has accepted the City’s tender
of the claim or action without a reservation of rights.
D. The Department may, at its option, withhold for purposes of set-off any monies
due to the Contractor under this Agreement up to the amount of any disallowances or questioned
costs resulting from any audits of the Contractor or to the amount of any overpayment to the
Contractor with regard to this Agreement.
E. The rights and remedies of the City provided for in this Section 8.07 are not
exclusive and are in addition to any other rights and remedies provided by Law or this
Agreement.
The provisions of this Agreement shall not be deemed to create any right of action in
favor of third parties against the Contractor or the City or their respective officials and
employees.
Changes to this Agreement may be made only as duly authorized by the ACCO or his or
her designee and in accordance with the PPB Rules. Any amendment or change to this
Agreement shall not be valid unless made in writing and signed by authorized representatives of
both parties. The Contractor deviates from the requirements of this Agreement without a duly
approved and executed change order document or written contract modification or amendment at
its own risk.
A. The City shall have the right to terminate this Agreement, in whole or in part,
without cause, in accordance with the provisions of Section 10.05. The Contractor shall have the
right to terminate this Agreement upon fifteen (15) days written notice if the City fails to deliver
payments to Contractor in compliance with PPB Rule § 4-06 and Section 11 herein.
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B. If the City terminates this Agreement pursuant to this Section 10.01, the following
provisions apply. The City shall not incur or pay any further obligation pursuant to this
Agreement beyond the termination date set by the City pursuant to Section 10.05. The City shall
pay for services provided in accordance with this Agreement prior to the termination date. In
addition, any obligation necessarily incurred by the Contractor on account of this Agreement
prior to receipt of notice of termination and falling due after the termination date shall be paid by
the City in accordance with the terms of this Agreement. In no event shall such obligation be
construed as including any lease or other occupancy agreement, oral or written, entered into
between the Contractor and its landlord.
A. This Agreement is funded in whole or in part by funds secured from the federal,
State and/or City governments. Should there be a reduction or discontinuance of such funds by
action of the federal, State and/or City governments, the City shall have, in its sole discretion, the
right to terminate this Agreement in whole or in part, or to reduce the funding and/or level of
services of this Agreement caused by such action by the federal, State and/or City governments,
including, in the case of the reduction option, but not limited to, the reduction or elimination of
programs, services or service components; the reduction or elimination of contract-reimbursable
staff or staff-hours, and corresponding reductions in the budget of this Agreement and in the total
amount payable under this Agreement. Any reduction in funds pursuant to this Section 10.02(A)
shall be accompanied by an appropriate reduction in the services performed under this
Agreement.
B. In the case of the reduction option referred to in Section 10.02(A), above, any
such reduction shall be effective as of the date set forth in a written notice thereof to the
Contractor, which shall be not less than 30 Days from the date of such notice. Prior to sending
such notice of reduction, the Department shall advise the Contractor that such option is being
exercised and afford the Contractor an opportunity to make within seven Days any suggestion(s)
it may have as to which program(s), service(s), service component(s), staff or staff-hours might
be reduced or eliminated, provided, however, that the Department shall not be bound to utilize
any of the Contractor’s suggestions and that the Department shall have sole discretion as to how
to effectuate the reductions.
C. If the City reduces funding pursuant to this Section 10.02, the following
provisions apply. The City shall pay for services provided in accordance with this Agreement
prior to the reduction date. In addition, any obligation necessarily incurred by the Contractor on
account of this Agreement prior to receipt of notice of reduction and falling due after the
reduction date shall be paid by the City in accordance with the terms of this Agreement. In no
event shall such obligation be construed as including any lease or other occupancy agreement,
oral or written, entered into between the Contractor and its landlord.
D. To the extent that the reduction in public funds is a result of the State determining
that the Contractor may receive medical assistance funds pursuant to title eleven of article five of
the Social Services Law to fund the services contained within the scope of a program under this
Agreement, then the notice and effective date provisions of this Section 10.02 shall not apply,
and the Department may reduce such public funds authorized under this Agreement by informing
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the Contractor of the amount of the reduction and revising attachments to this Agreement as
appropriate.
A. The City shall have the right to declare the Contractor in default:
3. If the Contractor refuses or fails to proceed with the services under the
Agreement when and as directed by the Commissioner unless any other provision in this
Agreement allows for this refusal and/or early termination.
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law for acts or omissions in connection with the submission of bids or proposals for a
public or private contract; or
B. The right to declare the Contractor in default shall be exercised by sending the
Contractor a written notice of the conditions of default, signed by the Commissioner, setting
forth the ground or grounds upon which such default is declared (“Notice to Cure”). The
Contractor shall have ten Days from receipt of the Notice to Cure or any longer period that is set
forth in the Notice to Cure the default. The Commissioner may temporarily suspend services
under the Agreement pending the outcome of the default proceedings pursuant to this Section
10.03.
C. If the conditions set forth in the Notice to Cure are not cured within the period set
forth in the Notice to Cure, the Commissioner may declare the Contractor in default pursuant to
this Section 10.03. Before the Commissioner may exercise his or her right to declare the
Contractor in default, the Commissioner shall give the Contractor an opportunity to be heard
upon not less than five business days’ notice. The Commissioner may, in his or her discretion,
provide for such opportunity to be in writing or in person. Such opportunity to be heard shall not
occur prior to the end of the cure period but notice of such opportunity to be heard may be given
prior to the end of the cure period and may be given contemporaneously with the Notice to Cure.
E. The Commissioner, after declaring the Contractor in default, may have the
services under the Agreement completed by such means and in such manner, by contract with or
without public letting, or otherwise, as he or she may deem advisable in accordance with
applicable PPB Rules. After such completion, the Commissioner shall certify the expense
incurred in such completion, which shall include the cost of re-letting. Should the expense of
such completion, as certified by the Commissioner, exceed the total sum which would have been
payable under the Agreement if it had been completed by the Contractor, any excess shall be
promptly paid by the Contractor upon demand by the City. The excess expense of such
completion, including any and all related and incidental costs, as so certified by the
Commissioner, and any liquidated damages assessed against the Contractor, may be charged
against and deducted out of monies earned by the Contractor.
A. For purposes of this Agreement, a force majeure event is an act or event beyond
the control and without any fault or negligence of the Contractor (“Force Majeure Event”). Such
events may include, but are not limited to, fire, flood, earthquake, storm or other natural disaster,
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civil commotion, war, terrorism, riot, and labor disputes not brought about by any act or
omission of the Contractor.
B. In the event the Contractor cannot comply with the terms of the Agreement
(including any failure by the Contractor to make progress in the performance of the services)
because of a Force Majeure Event, then the Contractor may ask the Commissioner to excuse the
nonperformance and/or terminate the Agreement. If the Commissioner, in his or her reasonable
discretion, determines that the Contractor cannot comply with the terms of the Agreement
because of a Force Majeure Event, then the Commissioner shall excuse the nonperformance and
may terminate the Agreement. Such a termination shall be deemed to be without cause.
C. If the City terminates the Agreement pursuant to this Section 10.04, the following
provisions apply. The City shall not incur or pay any further obligation pursuant to this
Agreement beyond the termination date. The City shall pay for services provided in accordance
with this Agreement prior to the termination date. Any obligation necessarily incurred by the
Contractor on account of this Agreement prior to receipt of notice of termination and falling due
after the termination date shall be paid by the City in accordance with the terms of this
Agreement. In no event shall such obligation be construed as including any lease or other
occupancy agreement, oral or written, entered into between the Contractor and its landlord.
A. The Department and/or the City shall give the Contractor written notice of any
termination of this Agreement. Such notice shall specify the applicable provision(s) under which
the Agreement is terminated and the effective date of the termination. Except as otherwise
provided in this Agreement, the notice shall comply with the provisions of this Section 10.05 and
Section 14.04. For termination without cause, the effective date of the termination shall not be
less than 15 Days from the date the notice is personally delivered, or 20 Days from the date the
notice is either sent by certified mail, return receipt requested, delivered by overnight or same
day courier service in a properly addressed envelope with confirmation, or sent by email and,
unless the receipt of the email is acknowledged by the recipient by email, deposited in a post
office box regularly maintained by the United States Postal Service in a properly addressed
postage pre-paid envelope. In the case of termination for default, the effective date of the
termination shall be as set forth above for a termination without cause or such earlier date as the
Commissioner may determine. If the City terminates the Agreement in part, the Contractor shall
continue the performance of the Agreement to the extent not terminated.
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Agreement and carrying out any Department or City directive concerning the disposition
of such equipment, appurtenances and property;
A. The Commissioner, in addition to any other powers set forth in this Agreement or
by operation of Law, may suspend, in whole or in part, any part of the services to be provided
under this Agreement whenever in his or her judgment such suspension is required in the best
interest of the City upon at least thirty (30) days written notice to the Contractor (“Suspension
Date”). If the Commissioner suspends this Agreement pursuant to this Section 10.06, the City
shall not incur or pay any further obligation pursuant to this Agreement beyond the Suspension
Date, until such suspension is lifted. The City shall pay for services provided in accordance with
this Agreement prior to the suspension date. In addition, any obligation necessarily incurred by
the Contractor on account of this Agreement prior to receipt of notice of suspension and falling
due during the suspension period shall be paid by the City in accordance with the terms of this
Agreement.
B. Notwithstanding any other provisions of this Agreement, the Contractor shall not
be relieved of liability to the City for damages sustained by the City by virtue of the Contractor’s
breach of the Agreement, and the City may withhold payments to the Contractor for the purpose
of set-off in the amount of damages due to the City from the Contractor. For avoidance of doubt,
Contractor shall not be held financially or legally responsible for the wrongful or negligent acts,
omissions, claims, damages resulting from the misconduct by the Service Recipients in New
York which this Agreement seeks to aid (“Service Recipients”).
C. The rights and remedies of the City provided in this Article 10 shall not be
exclusive and are in addition to all other rights and remedies provided by Law or under this
Agreement.
If Schedule A or any other part of this Agreement includes liquidated damages for failure
to comply with a provision of this Agreement, the sum indicated is fixed and agreed as the
liquidated damages that the City will suffer by reason of such noncompliance and not as a
penalty.
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A. The prompt payment provisions of PPB Rule § 4-06 are applicable to payments
made under this Agreement. With some exceptions, the provisions generally require the
payment to the Contractor of interest on payments made after the required payment date, as set
forth in the PPB Rules.
B. The Contractor shall submit a proper invoice to receive payment, except where
the Agreement provides that the Contractor will be paid at predetermined intervals without
having to submit an invoice for each scheduled payment.
C. Determination of interest due will be made in accordance with the PPB Rules and
the applicable rate of interest shall be the rate in effect at the time of payment.
B. The Agency Head may waive the application of the requirements of this Section
11.02 to payments on contracts entered into pursuant to Charter § 315. In addition, the
commissioner of the Department of Finance and the Comptroller may jointly issue standards
pursuant to which the Department may waive the requirements of this Section 11.02 for
payments in the following circumstances: (i) for individuals or classes of individuals for whom
compliance imposes a hardship; (ii) for classifications or types of checks; or (iii) in other
circumstances as may be necessary in the best interest of the City.
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ARTICLE 12 - CLAIMS
This Agreement shall be deemed to be executed in the City and State of New York,
regardless of the domicile of the Contractor, and shall be governed by and construed in
accordance with the Laws of the State of New York (notwithstanding New York choice of law or
conflict of law principles) and the Laws of the United States, where applicable.
Subject to Section 12.03, the parties agree that any and all claims asserted by or against
the City arising under or related to this Agreement shall solely be heard and determined either in
the courts of the United States located in the City or in the courts of the State located in the City
and County of New York. The parties shall consent to the dismissal and/or transfer of any
claims asserted in any other venue or forum to the proper venue or forum. If the Contractor
initiates any action in breach of this Section 12.02, the Contractor shall be responsible for and
shall promptly reimburse the City for any attorneys’ fees incurred by the City in removing the
action to a proper court consistent with this Section 12.02.
1. This Section 12.03 shall not apply to disputes concerning matters dealt
with in other sections of the PPB Rules or to disputes involving patents, copyrights,
trademarks, or trade secrets (as interpreted by the courts of New York State) relating to
proprietary rights in computer software, or to termination other than for cause.
B. All determinations required by this Section 12.03 shall be clearly stated, with a
reasoned explanation for the determination based on the information and evidence presented to
the party making the determination. Failure to make such determination within the time required
by this Section 12.03 shall be deemed a non-determination without prejudice that will allow
application to the next level.
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C. During such time as any dispute is being presented, heard, and considered
pursuant to this Section 12.03, the Agreement terms shall remain in full force and effect and,
unless otherwise directed by the ACCO or Engineer, the Contractor shall continue to perform
work in accordance with the Agreement and as directed by the ACCO or City Engineer, City
Resident Engineer, City Engineering Audit Officer, or other designee of the Agency Head.
Failure of the Contractor to continue the work as directed shall constitute a waiver by the
Contractor of any and all claims being presented pursuant to this Section 12.03 and a material
breach of contract.
2. Agency Head Inquiry. The Agency Head shall examine the material and
may, in his or her discretion, convene an informal conference with the Contractor and the
ACCO and, in the case of construction or construction-related services, the City
Engineer, City Resident Engineer, City Engineering Audit Officer, or other designee of
the Agency Head, to resolve the issue by mutual consent prior to reaching a
determination. The Agency Head may seek such technical or other expertise as he or she
shall deem appropriate, including the use of neutral mediators, and require any such
additional material from either or both parties as he or she deems fit. The Agency Head’s
ability to render, and the effect of, a decision hereunder shall not be impaired by any
negotiations in connection with the dispute presented, whether or not the Agency Head
participated therein. The Agency Head may or, at the request of any party to the dispute,
shall compel the participation of any other contractor with a contract related to the work
of this Agreement and that contractor shall be bound by the decision of the Agency Head.
Any contractor thus brought into the dispute resolution proceeding shall have the same
rights and obligations under this Section 12.03 as the Contractor initiating the dispute.
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2. the City Chief Procurement Officer (“CCPO”) or his or her designee; any
designee shall have the requisite background to consider and resolve the merits of the
dispute and shall not have participated personally and substantially in the particular
matter that is the subject of the dispute or report to anyone who so participated; and
G. Petition to CDRB. In the event the claim has not been settled or adjusted by the
Comptroller within the period provided in this Section 12.03, the Contractor, within thirty (30)
Days thereafter, may petition the CDRB to review the Agency Head determination.
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service on the Corporation Counsel. In addition, the Contractor shall submit a copy of
the statement of the substance of the dispute, cited in (i) above, to both the Agency Head
and the Comptroller.
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A. Any claim, that is not subject to dispute resolution under the PPB Rules or this
Agreement, against the City for damages for breach of contract shall not be made or asserted in
any action, unless the Contractor shall have strictly complied with all requirements relating to the
giving of notice and of information with respect to such claims, as provided in this Agreement.
B. No action shall be instituted or maintained on any such claims unless such action
shall be commenced within six months after the final payment under this Agreement or within
six months of the termination or expiration of this Agreement, or within six months after the
accrual of the cause of action, whichever first occurs.
No claim shall be made by the Contractor against any official, agent, or employee of the
City in their personal capacity for, or on account of, anything done or omitted in connection with
this Agreement.
The acceptance by the Contractor or its assignees of the final payment under this
Agreement, whether by check, wire transfer, or other means, and whether pursuant to invoice,
voucher, judgment of any court of competent jurisdiction or any other administrative means,
shall constitute and operate as a release of the City from any and all claims of and liability to the
Contractor, of which the Contractor was aware or should reasonably have been aware, arising out
of the performance of this Agreement based on actions of the City prior to such acceptance of
final payment, excepting any disputes that are the subject of pending dispute resolution
procedures.
Waiver by either the Department or the Contractor of a breach of any provision of this
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of the Agreement unless and until the same shall be
agreed to in writing by the parties as set forth in Section 9.01.
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This Agreement is subject to the PPB Rules. If there is a conflict between the PPB Rules
and a provision of this Agreement, the PPB Rules shall take precedence.
Each and every provision required by Law to be inserted in this Agreement is hereby
deemed to be a part of this Agreement, whether actually inserted or not.
If this Agreement contains any unlawful provision not an essential part of the Agreement
and which shall not appear to have been a controlling or material inducement to the making of
this Agreement, the unlawful provision shall be deemed of no effect and shall, upon notice by
either party, be deemed stricken from the Agreement without affecting the binding force of the
remainder.
The Contractor shall perform all services under this Agreement in accordance with all
applicable Laws as are in effect at the time such services are performed.
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comply with all statutory and regulatory obligations to provide reasonable accommodations to
individuals with disabilities. Contractor shall not be responsible for violations of this Section by
third parties other than Contractor’s affiliates and/or subcontractors.
C. Admin. Code § 6-123. In accordance with Admin. Code § 6-123, the Contractor
will not engage in any unlawful discriminatory practice as defined in and pursuant to the terms of
Title 8 of the Admin. Code. The Contractor shall include a provision in any agreement with a
first-level subcontractor performing services under this Agreement for an amount in excess of
$50,000.00 that such subcontractor shall not engage in any such unlawful discriminatory
practice.
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Children’s Services; the City Clerk; the Civilian Complaint Review Board; the Commission on
Human Rights; Community Boards; SBS; the Department of Citywide Administrative Services;
the Department of Consumer Affairs; the Department of Correction; the Department of
Environmental Protection; the Department of Finance; the Department of Health and Mental
Hygiene; the Department of Homeless Services; the Department of Housing Preservation and
Development; the Department of Parks and Recreation; the Department of Probation; the Taxi
and Limousine Commission; the Department of Transportation; and the Department of Youth
and Community Development.
1. The Contractor shall provide and distribute voter registration forms to all
persons together with written applications for services, renewal, or recertification for
services and change of address relating to such services. Such voter registration forms
shall be provided to the Contractor by the City. The Contractor should be prepared to
provide forms written in Spanish or Chinese, and shall obtain a sufficient supply of such
forms from the City.
2. The Contractor shall also include a voter registration form with any
Contractor communication sent through the United States mail for the purpose of
supplying clients with materials for application, renewal, or recertification for services
and change of address relating to such services. If forms written in Spanish or Chinese
are not provided in such mailing, the Contractor shall provide such forms upon the
Department’s request.
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3. If, in connection with the provision of services under this Agreement, the
Contractor intends to provide assistance in completing distributed voter registration forms
or to receive and transmit completed registration forms from applicants who wish to have
the forms transmitted to the City Board of Elections, the Contractor shall do so only by
prior arrangement with the Department.
1. The Contractor shall advise all persons seeking voter registration forms
and information, in writing together with other written materials provided by the
Contractor or by appropriate publicity, that the Contractor’s or government services are
not conditioned on being registered to vote.
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E. The Contractor, as defined above and in this Agreement, agrees that the covenants
and representations in this Section 13.06 are material conditions of this Agreement.
F. The provisions of this Section 13.06 do not apply where the services under this
Agreement are supported by a federal or State grant of funds and the source of funds prohibits
the use of federal or State funds for the purposes of this Section.
The Contractor’s provision of services under this Agreement shall not include any
partisan political activity or any activity to further the election or defeat of any candidate for
public, political, or party office, nor shall any of the funds provided under this Agreement be
used for such purposes.
A. The Contractor agrees that neither the Contractor nor any substantially-owned
affiliated company is participating or shall participate in an international boycott in violation of
the provisions of the federal Export Administration Act of 1979, as amended, 50 U.S.C.
Appendix. §§ 2401 et seq., or the regulations of the United States Department of Commerce
promulgated thereunder.
B. Upon the final determination by the Commerce Department or any other agency
of the United States as to, or conviction of, the Contractor or a substantially-owned affiliated
company thereof, of participation in an international boycott in violation of the provisions of the
Export Administration Act of 1979, as amended, or the regulations promulgated thereunder, the
Comptroller may, at his or her option, render forfeit and void this Agreement.
C. The Contractor shall comply in all respects, with the provisions of Admin. Code
§ 6-114 and the rules issued by the Comptroller thereunder.
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A. In accordance with and to the extent required by Admin. Code § 6-115.1, the
Contractor stipulates that the Contractor and any individual or legal entity in which the
Contractor holds a ten percent (10%) or greater ownership interest and any individual or legal
entity that holds a ten percent (10%) or greater ownership interest in the Contractor either (a)
have no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to
conduct any business operations they have in Northern Ireland in accordance with the MacBride
Principles, and shall permit independent monitoring of their compliance with such principles.
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4. The Contractor will ensure that its employees do not make any statement
to an applicant for services or client or take any action the purpose or effect of which is to
lead the applicant or client to believe that a decision to request public health insurance or
a pamphlet has any bearing on their eligibility to receive or the availability of services or
benefits.
5. The Contractor will comply with: (i) any procedures established by the
participating City agency to implement Charter § 1069; (ii) any determination of the
commissioner or head of the participating City agency (which is concurred in by the
commissioner of the Department of Health and Mental Hygiene) to exclude a program, in
whole or in part, from the requirements of Charter § 1069; and (iii) any determination of
the commissioner or head of the participating City agency (which is concurred in by the
commissioner of the Department of Health and Mental Hygiene) as to which Workforce
Investment Act of 1998 offices providing workforce development services shall be
required to fulfill the obligations under Charter § 1069.
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C. Distribution of Materials. If the Contractor has regular contact with the public
in the daily administration of its business, the Contractor hereby agrees to provide and distribute
materials and information related to whether and how to obtain various forms of City, State, and
Federal government-issued identification as the Agency directs in accordance with the Agency’s
plans developed pursuant to E.O. 150.
A. This Agreement shall be neither binding nor effective unless and until it is
registered pursuant to Charter § 328.
B. The requirements of this Section 14.01 shall be in addition to, and not in lieu of,
any approval or authorization otherwise required for this Agreement to be effective and for the
expenditure of City funds.
This written Agreement contains all the terms and conditions agreed upon by the parties,
and no other agreement, oral or otherwise, regarding the subject matter of this Agreement shall
be deemed to exist or to bind either of the parties, or to modify any of the terms contained in this
Agreement, other than a written change, amendment or modification duly executed by both
parties pursuant to Article 9 of this Appendix A.
Headings are inserted only as a matter of convenience and therefore are not a part of and
do not affect the substance of this Agreement.
A. The Contractor and the Department hereby designate the business addresses and
email addresses specified in Schedule A (and if not specified in Schedule A, as specified at the
beginning of this Agreement) as the places where all notices, directions, or communications from
one such party to the other party shall be delivered, or to which they shall be mailed. Either
party may change its notice address at any time by an instrument in writing executed and
acknowledged by the party making such change and delivered to the other party in the manner as
specified below.
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B. Any notice, direction, or communication from either party to the other shall be in
writing and shall be deemed to have been given when (i) delivered personally; (ii) sent by
certified mail, return receipt requested; (iii) delivered by overnight or same day courier service in
a properly addressed envelope with confirmation; or (iv) sent by email and, unless receipt of the
e-mail is acknowledged by the recipient by email, deposited in a post office box regularly
maintained by the United States Postal Service in a properly addressed, postage pre-paid
envelope.
57
Appendix A January 2018 Final
AFFIRMATION
The undersigned proposer or bidder affirms and declares that said proposer or bidder is not in
arrears to the City of New York upon debt, contract or taxes and is not a defaulter, as surety or
otherwise, upon obligation to the City of New York, and has not been declared not responsible,
or disqualified, by any agency of the City of New York, nor is there any proceeding pending
relating to the responsibility or qualification of the proposer or bidder to receive public contract
except .
Address
C - Corporation
By:
Signature
Title
* Under the Federal Privacy Act, the furnishing of Social Security numbers by bidders or
proposers on City contracts is voluntary. Failure to provide a Social Security number
will not result in a bidder’s/proposer’s disqualification. Social Security numbers will be
used to identify bidders, proposers or vendors to ensure their compliance with laws, to
assist the City in enforcement of laws, as well as to provide the City a means of
identifying businesses seeking City contracts.
58
Appendix A January 2018 Final
SCHEDULE A
ARTICLE 7 -- INSURANCE
Types of Insurance
(per Article 7 in its entirety, including listed paragraph) Minimum Limits and Special Conditions
$3,000,000.00 aggregate
$ products/completed operations
Additional Insureds:
2.
3.
Commercial Auto Liability §7.03(B) $2,000,000.00 per accident combined single limit
59
Appendix A January 2018 Final
ARTICLE 7 -- INSURANCE
Types of Insurance
(per Article 7 in its entirety, including listed paragraph) Minimum Limits and Special Conditions
Cyber Liability Insurance §7.03(E) [If there is a significant cyber risk, please consult
with the Law Department about specific insurance
requirements.]
$3,000,000.00 aggregate
60
Appendix A January 2018 Final
Department’s Mailing Address and Email Address Department of Housing Preservation and
for Notices Development
100 Gold Street
New York, New York 10038
Attention: George Sarkissian
Chief of Staff
Email: sarkissg@hpd.nyc.gov
With a copy to:
Department of Housing Preservation and
Development
100 Gold Street
New York, New York 10038
Attention: General Counsel
Contractor’s Mailing Address and Email Address for Rapid Reliable Testing NY LLC
Notices 35 West 35th Street, 6th Floor
New York, NY 10001
Attention: Legal
Email: legalrequests@docgo.com
61
Appendix A January 2018 Final
CERTIFICATES OF INSURANCE
(1) the Certification by Insurance Broker or Agent on the following page setting
forth the required information and signatures;
-- OR --
62
Appendix A January 2018 Final
The undersigned insurance broker or agent represents to the City of New York that the attached
Certificate of Insurance is accurate in all material respects.
State of ...........................................................)
) ss.:
County of .......................................................)
63
Appendix A January 2018 Final
EXHIBIT A
64
REPORT
CORRUPTION, FRAUD, UNETHICAL CONDUCT
RELATING TO A NYC FUNDED CONTRACT
OR PROJECT
CALL THE NYC DEPARTMENT OF INVESTIGATIONS
212-825-5959
DOI CAN ALSO BE REACHED BY MAIL
OR IN PERSON AT:
New York City department of
Investigation (DOI)
80 Maiden Lane, 17th Floor
New York, New York 10038
Attention: COMPLAINT BUREAU
OR FILE A COMPLAINT ON-LINE AT:
www.nyc.gov/doi Or scan the QR Code above to
All communications are confidential make a complaint
• Any employee who makes such a report and who believes he or she has been
dismissed, demoted, suspended, or otherwise subject to an adverse personnel
action because of that report is entitled to bring a lawsuit against the contractor and
recover damages.
Appendix A January 2018 Final
EXHIBIT B
65
CITY OF NEW YORK
No Conflict of Interest: Except as otherwise fully disclosed below (attach additional pages as
needed), the Consultant / Subcontractor affirms, to the best of its knowledge, information and
belief, that no City Elected Official, nor any person associated with any City Elected Official, is an
employee, Director or Trustee, Officer or consultant to/of, or has any financial interest, direct or
indirect, in the organization, or has received or will receive any financial benefit, directly or
indirectly, from the organization or from this funding. For the purposes of this certification,
"associated" persons include: a spouse, domestic partner, child, parent or sibling of a City
Elected Official; a person with whom a City Elected Official has a business or other financial
relationship, including but not limited to employees of a City Elected Official and/or a spouse,
domestic partner, child, parent or sibling of such employees; and each firm in which a City
Elected Official has a present or potential interest.
Notary Public
MOCS Conflict of Interest Disclosure Certification Form – Consultant / Subcontractor for Discretionary (11/18/2010)
Appendix A January 2018 Final
EXHIBIT C
LOBBYING CERTIFICATION
67
The City Council has asked City contracting agencies to require vendors funded by City Council
discretionary awards to certify that they are in compliance with City and State Lobbying Law requirements.
If you have any questions concerning this form, please contact the agency awarding this Agreement. For
more information about lobbying filing requirements, please visit:
http://www.cityclerk.nyc.gov/html/lobbying/lobbying_bureau.shtml.
LOBBYING CERTIFICATION
The undersigned affirms and declares that the Vendor is in compliance with the lobbying registration
requirements of the New York City and New York State Lobbying Laws. See Administrative Code of the
City of New York (“Administrative Code”) § 3-211 et seq. and Legislative Law §1-a et seq., respectively.
The Vendor’s registration status is disclosed below.
Address
Date
APPENDIX B
SCOPE OF SERVICES
SCOPE OF SERVICES
OVERVIEW: Contractor shall provide and/or arrange for, either directly or through one or more
of its affiliate medical practices, controlled or managed entities and/or labor sources (collectively
“Affiliates”) or approved subcontractors, certain housing and housing related services (the
“Services) either within or outside of the City, all as hereinafter defined, for asylum seekers
(“Service Recipients”) arriving in the City. Services shall be provided as directed by the
Department in its sole discretion, on a scalable basis adaptable to the Department’s needs.
1. Contractor’s Responsibilities:
A. Immediately when instructed to do so by the Department Contractor shall contact
hotels and build an inventory of locations interested in providing accommodations to
Service Recipients. No hotel shall be permitted to participate without the prior written
approval of the Department.
i. Contractor shall immediately notify the Department If, at any time during
the term of this Contract, a hotel wishes to cease housing Service Recipients and
provide a detailed description of the reason for said cessation and a plan, subject
to the Department’s approval, for the relocation of any and all affected Service
Recipients.
ii. At any time during the term of the Contract, Contractor may request
permission from the Department to add hotels to its inventory.
B. Contractor shall ensure that rooms in participating hotels include a refrigerator
and a microwave oven; if a hotel does not provide either or both of these amenities,
Contractor will furnish each hotel room with a refrigerator and/or a microwave oven as
needed, for a one-time charge to the City.
C. Participating hotels shall provide all necessary housekeeping, security and
maintenance services.
i. In the event there are fifty (50) or more Service Recipients at any single
location, Contractor shall, at the direction of the Department, provide a security
guard to augment hotel staff, at the City’s expense.
D. Contractor shall assign Case Workers and social workers to each participating
hotel to provide assistance to all Service Recipients. During the day there shall be a
minimum of one (1) Case Worker at each hotel for every thirty (30) hotel rooms, and a
minimum of one (1) Case Worker at each hotel for overnight shifts.
E. Contractor shall maintain an active database of all Service Recipients receiving
Services under this Contract. Upon receiving information regarding Service Recipients,
Contractor shall reach out to asylum seekers directly to coordinate services.
G. Contractor shall meet with the Department regularly, as directed by the
Department to discuss overall issues and/or individual case management issues
throughout the term of the Contract.
3. Medical Services:
A. In the event medical services are required, Contractor's on-site personnel shall
facilitate an on-demand telehealth consultation with one of Contractor’s advanced
practice providers (either a Nurse Practitioner, Physician’s Assistant, or a Medical
Doctor) who will diagnose and recommend next steps for treatment.
B. The Department upon discussion and mutual agreement with Contractor, and
upon Contractor’s ability to provide and/or coordinate the requested provision of medical
services, shall have the option, to request the Contractor to provide twelve (12) hour or
twenty-four (24) hour on-site medical teams present at any location upon thirty (30) days
written notice to Contractor. Such teams shall consist of an APP (a Nurse Practitioner or
a Physician’s Assistant), a Licensed Practical Nurse, and Medical Administrator.
5. Staffing: To be provided at the costs listed in Exhibit C, the Budget. The Department
shall have the right to increase or decrease the quantity of staffing to be provided as it deems
necessary in its sole discretion.
A. Contractor’s Staff: Contractor shall provide the following staff for the
performance of Services under this Contract:
i. Hotel Relationship Manager: One (1) for every ten (10) hotels
ii. Case Workers:
a. One (1) Case Worker for every hotel for up to 30 rooms at the
hotel; One (1) additional Case Worker shall be added so that there is
always a minimum social worker to room ratio of 1:30. Case workers will
be added in full increments.
b. Case Worker staff shall be reduced by half for night shifts, with a
minimum of One (1) overnight Case Worker per site.
iii. Supervisor: One (1) supervisor shall be assigned for every five (5)
caseworkers / one hundred fifty (150) rooms to provide supervision, National
Operations Center supervision, scheduling, IT support, etc. An additional
supervisor shall be added to ensure there is always a minimum supervisor to
caseworker ratio of 1:5, and there is always a minimum of 1 supervisor
responsible for each site. Supervisors shall be added in full increments.
iv. Program Director: Dedicated manager to serve as key liaison for the
Department, responsible for overseeing all Services provided and ensuring
ongoing successful provision thereof.
B. Additional Staffing: To be provided as recommended by Contractor, but only
upon the prior written approval of the Department:
i. On Site Medical Team:
ii. Security
6. Policies and Procedures: All Services provided under this Contract are deemed a
part of the City’s Humanitarian Emergency Response and Relief Center (“HERRC”) Program,
and shall therefore be subject to the policies and procedures detailed in the City of New York
HERRC Program Manual, incorporated into the Contract by reference, as it may be updated
and amended from time to time by the City, in the City’s sole discretion. Contractor shall advise
7. Notice and Reporting Requirements: Contractor shall provide notices and reports to
the Department in accordance with the following, with the understanding that the frequency
and/or content of any report can change at the direction of the Department in its sole discretion:
A. Intake Reports: Contractor shall provide the following details for all Service
Recipients registered to receive Services and any member of their household, with the
Party’s mutual understanding that the Privacy Officer has approved the collection of any
identifying information and the disclosure of the same to the Agency where required
pursuant to this Scope of Work:
i. Unique Identifying Number (assigned to each Service Recipient)
ii. Full Name
iii. Date of Birth
iv. Country of Origin/Country of citizenship
v. NYC Arrival Date
vi. Phone Number
vii. Email
viii. Hotel Name
ix. Hotel Room Number
x. Hotel Check-In Date
xi. Hotel Check-Out Date (when applicable)
B. Weekly Progress Report: Once a week Contractor shall provide a detailed report
listing:
i. Services provided to Service Recipients
ii. Dates the Services provided
iii. Name of Case Worker, or other Contractor employee or subcontractor
member providing services.
iv. Any difficulties in providing Services.
v. List of all participating hotels, including:
a. Name of hotel
b. Address of hotel
c. Primary contact
d. Secondary Contact
e. Number of Service Recipients housed in each hotel
BUDGET
BUDGET
All pricing listed is based on a double occupancy per-room model and will scale based on the number of
locations and rooms required. All pricing information listed in the Budget are reasonable estimated costs.
It is understood that in no event shall the costs incurred under this Contract exceed the total contract
price as defined in Section 3.03 of the Contract, unless otherwise agreed to by the Parties upon
amendment of the Contract.
Not to Exceed
$950.00 per shuttle
Local Shuttle Up to 40 Shuttles $1,178,000.00 per
per day
month*
Not to Exceed
Shuttle for New Service Recipients 1 Shuttle $950 per day
$29,450 per month*
Hotel Relationship Manager 8 hours per day $50.00 per hour $400.00 per day
Case Worker
1 for every 30 Rooms at any
location $1,800.00 per day
24 hours a day $75.00 per hour
Caseworkers to be added in full per Case Worker
increments based upon the
minimum 1:30 ratio
Supervisor
1 Supervisor to be provided for
every 5 Case Workers.
$2,000.00 per hotel, per $2,000.00 per hotel
Supervisors to be added in full 24 hours a day
day per day
increments based upon the
minimum 1:5 ratio and at least 1
supervisor assigned to a site.
Not To Exceed
Telehealth Visit 600 visits per month $65.00 per visit
$39,000.00 per month*
* The Not To Exceed Total has been calculated as a maxim monthly cost for this Item; Contractor shall
only be paid for the actual quantity of this item provided in any given month.
** To be provided only at the direction of the Department in its sole discretion.
*** Total expenses will not exceed contract value stated in Section 3.03 of Contract, unless by
amendment of the Contract.
This Contract is entered by and between the City of New York (“City”), acting by and through
the DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, and RAPID RELIABLE
TESTING NY LLC (“Contractor”).
This Contract consists of this contract signature page as well as the following documents (“Contract
Documents”) which are located in the Documents tab of the PASSPort record titled DocGo-Asylee Housing
Flex/Surge Program for NYC.
The above order does not represent an order of precedence. The Contract shall be governed by the order of
precedence, if any, in the Contract Documents or by ordinary contract principles if no such order of precedence
exists.
Each party is signing this Contract electronically on the date stated in that party's electronic signature.
__________________________________
(Signature)
Name: ____________________________
Title: ____________________________
Date: ____________________________
Contractor
By: RAPID RELIABLE TESTING NY LLC
__________________________________
(Signature)
Lee Bienstock
Name: ____________________________
President & COO
Title: ____________________________
8/9/2023 | 10:51:10 PDT
Date: ____________________________
DocuSign Envelope ID: 44FE03DE-AA2D-470B-9B8A-623BD9B68E4F
This Contract is entered by and between the City of New York (“City”), acting by and through
the DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, and RAPID RELIABLE
TESTING NY LLC (“Contractor”).
This Contract consists of this contract signature page as well as the following documents (“Contract
Documents”) which are located in the Documents tab of the PASSPort record titled DocGo-Asylee Housing
Flex/Surge Program for NYC.
The above order does not represent an order of precedence. The Contract shall be governed by the order of
precedence, if any, in the Contract Documents or by ordinary contract principles if no such order of precedence
exists.
Each party is signing this Contract electronically on the date stated in that party's electronic signature.
__________________________________
(Signature)
George Sarkissian
Name: ____________________________
Chief of Staff
Title: ____________________________
8/9/2023 | 14:35:04 EDT
Date: ____________________________
Contractor
By: RAPID RELIABLE TESTING NY LLC
__________________________________
(Signature)
Lee Bienstock
Name: ____________________________
President & COO
Title: ____________________________
8/9/2023 | 10:51:10 PDT
Date: ____________________________
AFFIRMATION
The undersigned proposer or bidder affirms and declares that said proposer or bidder is not in arrears to
the City of New York upon debt, contract or taxes and is not a defaulter, as surety or otherwise, upon
obligation to the City of New York, and has not been declared not responsible, or disqualified, by any
agency of the City of New York, nor is there any proceeding pending relating to the responsibility or
qualification of the proposer or bidder to receive public contracts except
Address_3_5_W_3_5_t_h_S_t_.6_t_h_F_L_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(X) C ation
layer Identification Number
By: _ __ __ ~_t_/L-----
__ • _ _ _
Under the Federal Privacy Act the furnishing of Social Security Number is by bidders on City contracts is
voluntary. Failure to provide a Social Security Number will not result in a bidders disqualification.
Social Security Numbers will be used to identify bidders, proposers or vendors to ensure their compliance
with laws, to assist the City in enforcement of laws as well as to provide the City a means of identifying
businesses which seek City contracts.
CERTIFICATION BY BROKER
The undersigned insurance broker represents to the City of New York that the attached
Certificate of Insurance is accurate in all material respects, and that the described insurance is
effective as of the date of this Certification. The undersigned further represents that general /
professional liability policy number _W3122623020l _ _ _ _ _ _ _contains no
exclusions for abuse or molestation, including exclusions for such claims arising out of the
negligent employment, investigation, supervision, reporting or retention.
__Crys Blankenship
------------------
[Name of broker (typewritten)]
~
[Signature of authorized officer of broker]
_ _cblankenship@alliant.com_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
[Email Address of Broker (typewritten)]
~ ~
: ~PUBLIC <20 ~
DATE (MM/DD/YYYY)
ACORD®
~
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
I 8/11/2023
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER
NAME: Dawn Cahill
Alliant Insurance Services Houston, LLC
5444 Westheimer RD 9th fl
PHONE
(A/C, No, Ext): 281-229-0595 I FAX
(A/C, No): 832-485-4001
E-MAIL
Houston TX 77056 ADDRESS: Dawn.Cahill@alliant.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1575117745 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
C X COMMERCIAL GENERAL LIABILITY W31226230201 1/1/2023 1/1/2024 EACH OCCURRENCE $ 1,000,000
□
f--
□
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 100,000
MED EXP (Any one person) $ 5,000
f--
f--
PERSONAL & ADV INJURY $ 1,000,000
Fl
X POLICY □ □
PRO-
JECT LOC PRODUCTS - COMP/OP AGG $ 3,000,000
OTHER: $
A COMBINED SINGLE LIMIT $ 1,000,000
AUTOMOBILE LIABILITY AL1722472 1/1/2023 1/1/2024 (Ea accident)
f--
X
H
B UMBRELLA LIAB OCCUR 005NY000038862 1/1/2023 1/1/2024 EACH OCCURRENCE $ 5,000,000
f--
EXCESS LIAB X CLAIMS-MADE AGGREGATE $ 5,000,000
DED I I RETENTION $ $
D
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
WC013759875
WC013759876
1/1/2023
1/1/2023
1/1/2024
1/1/2024
X I PER
STATUTE I I OTH-
ER
D ANYPROPRIETOR/PARTNER/EXECUTIVE WC013759877 1/1/2023 1/1/2024 E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) □
N N/A
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
C Professional Liability W31226230201 1/1/2023 1/1/2024 Each Claim $1,000,000
Aggregate Limit $3,000,000
Retroactive Date 09/30/2017
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of New York, including its officials and employees are included as Additional insured under General Liability coverage as required by written contract.
PART 1. To be completed by NYS disability and Paid Family Leave benefits carrier or licensed insurance agent of that carrier
1a. Legal Name & Address of Insured (use street address only) 1b. Business Telephone Number of Insured
RAPID RELIABLE TESTING, LLC 848-482-1442
ATTN: RUSS MANCO
35 W 35TH STREET
NEW YORK, NY 10001
1c. Federal Employer Identification Number of Insured
or Social Security Number
Work Location of Insured (Only required if coverage is specifically limited to
certain locations in New York State, i.e., Wrap-Up Policy)
2. Name and Address of Entity Requesting Proof of Coverage 3a. Name of Insurance Carrier
(Entity Being Listed as the Certificate Holder) ShelterPoint Life Insurance Company
Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named
insured has NYS Disability and/or Paid Family Leave Benefits insurance coverage as described above.
Telephone Number 516-829-8100 Name and Title Richard White, Chief Executive Officer
IMPORTANT: If Boxes 4A and 5A are checked, and this form is signed by the insurance carrier's authorized representative or NYS
Licensed Insurance Agent of that carrier, this certificate is COMPLETE. Mail it directly to the certificate holder.
If Box 4B, 4C or 5B is checked, this certificate is NOT COMPLETE for purposes of Section 220, Subd. 8 of the NYS
Disability and Paid Family Leave Benefits Law. It must be emailed to PAU@wcb.ny.gov or it can be mailed for
completion to the Workers' Compensation Board, Plans Acceptance Unit, PO Box 5200, Binghamton, NY 13902-5200.
PART 2. To be completed by the NYS Workers' Compensation Board (Only if Box 4B, 4C or 5B have been checked)
State of New York
Workers' Compensation Board
According to information maintained by the NYS Workers' Compensation Board, the above-named employer has complied with the
NYS Disability and Paid Family Leave Benefits Law(Article 9 of the Workers' Compensation Law) with respect to all of their employees.
Date Signed By
(Signature of Authorized NYS Workers' Compensation Board Employee)
Please Note: Only insurance carriers licensed to write NYS disability and paid family leave benefits insurance policies and NYS licensed insurance
agents of those insurance carriers are authorized to issue Form DB-120.1. Insurance brokers are NOT authorized to issue this form.
DB-120.1 (12-21)
1111111111111111111111111111111111111111111111111111111111
DB-120.1 (12-21)
Additional Instructions for Form DB-120.1
By signing this form, the insurance carrier identified in Box 3 on this form is certifying that it is insuring the business
referenced in Box 1a for disability and/or Paid Family Leave benefits under the NYS Disability and Paid Family Leave
Benefits Law. The insurance carrier or its licensed agent will send this Certificate of Insurance Coverage (Certificate) to
the entity listed as the certificate holder in Box 2.
The insurance carrier must notify the above certificate holder and the Workers' Compensation Board within 10 days IF a
policy is cancelled due to nonpayment of premiums or within 30 days IF there are reasons other than nonpayment of
premiums that cancel the policy or eliminate the insured from coverage indicated on this Certificate. (These notices may
be sent by regular mail.) Otherwise, this Certificate is valid for one year after this form is approved by the insurance carrier
or its licensed agent, or until the policy expiration date listed in Box 3c, whichever is earlier.
This Certificate is issued as a matter of information only and confers no rights upon the certificate holder. This Certificate
does not amend, extend or alter the coverage afforded by the policy listed, nor does it confer any rights or responsibilities
beyond those contained in the referenced policy.
This Certificate may be used as evidence of a NYS disability and/or Paid Family Leave benefits contract of insurance only
while the underlying policy is in effect.
Please Note: Upon the cancellation of the disability and/or Paid Family Leave benefits policy indicated on this
form, if the business continues to be named on a permit, license or contract issued by a certificate holder, the
business must provide that certificate holder with a new Certificate of Insurance Coverage for NYS disability and/
or Paid Family Leave Benefits or other authorized proof that the business is complying with the mandatory
coverage requirements of the NYS Disability and Paid Family Leave Benefits Law.
§220. Subd. 8
(a) The head of a state or municipal department, board, commission or office authorized or required by law to issue any
permit for or in connection with any work involving the employment of employees in employment as defined in this article,
and not withstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such
permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the
payment of disability benefits and after January first, two thousand and twenty-one, the payment of family leave benefits
for all employees has been secured as provided by this article. Nothing herein, however, shall be construed as creating
any liability on the part of such state or municipal department, board, commission or office to pay any disability benefits to
any such employee if so employed.
(b) The head of a state or municipal department, board, commission or office authorized or required by law to enter into
any contract for or in connection with any work involving the employment of employees in employment as defined in this
article and notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into
any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that
the payment of disability benefits and after January first, two thousand eighteen, the payment of family leave benefits for
all employees has been secured as provided by this article.
2. Name and Address of Entity Requesting Proof of Coverage 3a. Name of Insurance Carrier
(Entity Being Listed as the Certificate Holder)
AIU Insurance Company
The insurance carrier must notify the above certificate holder and the Workers' Compensation Board within 10 days IF a policy is canceled
due to nonpayment of premiums or within 30 days IF there are reasons other than nonpayment of premiums that cancel the policy or
eliminate the insured from the coverage indicated on this Certificate. (These notices may be sent by regular mail.) Otherwise, this
Certificate is valid for one year after this form is approved by the insurance carrier or its licensed agent, or until the policy
expiration date listed in box "3c", whichever is earlier.
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend,
extend or alter the coverage afforded by the policy listed, nor does it confer any rights or responsibilities beyond those contained in the
referenced policy.
This certificate may be used as evidence of a Workers' Compensation contract of insurance only while the underlying policy is in effect.
Please Note: Upon cancellation of the workers' compensation policy indicated on this form, if the business continues to be
named on a permit, license or contract issued by a certificate holder, the business must provide that certificate holder with a
new Certificate of Workers' Compensation Coverage or other authorized proof that the business is complying with the
mandatory coverage requirements of the New York State Workers' Compensation Law.
Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced
above and that the named insured has the coverage as depicted on this form.
David McElroy
Approved by:
(Print name of authorized representative or licensed agent of insurance carrier)
07/20/2023
Approved by:
(Signature) (Date)
Authorized Representative
Title:
212-770-7000
Telephone Number of authorized representative or licensed agent of insurance carrier:
Please Note: Only insurance carriers and their licensed agents are authorized to issue Form C-105.2. Insurance brokers are NOT
authorized to issue it.
C-105.2 (9-17) www.wcb.ny.gov
Workers' Compensation Law
Section 57. Restriction on issue of permits and the entering into contracts unless compensation is secured.
1. The head of a state or municipal department, board, commission or office authorized or required by law to issue any
permit for or in connection with any work involving the employment of employees in a hazardous employment defined
by this chapter, and notwithstanding any general or special statute requiring or authorizing the issue of such permits,
shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to
the chair, that compensation for all employees has been secured as provided by this chapter. Nothing herein,
however, shall be construed as creating any liability on the part of such state or municipal department, board,
commission or office to pay any compensation to any such employee if so employed.
2. The head of a state or municipal department, board, commission or office authorized or required by law to enter into
any contract for or in connection with any work involving the employment of employees in a hazardous employment
defined by this chapter, notwithstanding any general or special statute requiring or authorizing any such contract, shall
not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory
to the chair, that compensation for all employees has been secured as provided by this chapter.
The Iran Divestment Act of 2012, effective as of April 12, 2012, is codified at State
Finance Law ("SFV') §165-a and General Municipal Law ("GML") §103-g. The Iran
Divestment Act, with certain exceptions, prohibits municipalities, including the City, from
entering into contracts with persons engaged in investment activities in the energy sector of
Iran. Pursuant to the terms set forth in SFL §165-a and GML §103-g, a person engages in
or more in the energy sector of Iran, including a person that provides oil or
pipelines used to transport oil or liquefied natural gas, for the energy sector
of Iran; or
that person will use the credit to provide goods or services in the energy
subdivision three of Section 165-a of the State Finance Law and maintained
A bid or proposal shall not be considered for award nor shall any award be made
where the bidder or proposer fails to submit a signed and verified bidder's certification.
Each bidder or proposer must certify that it is not on the list of entities engaged in
165-a of the State Finance Law. In any case where the bidder or proposer cannot certify
that they are not on such list, the bidder or proposer shall so state and shall furnish with
the bid or proposal a signed statement which sets forth in detail the reasons why such
statement cannot be made. The City of New York may award a bid to a bidder who cannot
(1) The investment activities in Iran were made before the effective date
of this section (i.e., April 12, 2012), the investment activities in Iran have not been expanded
or renewed after the effective date of this section and the person has adopted, publicized
and is implementing a formal plan to cease the investment activities in Iran and to refrain
(2) The City makes a determination that the goods or services are
necessary for the City to perform its functions and that, absent such an exemption, the City
would be unable to obtain the goods or services for which the contract is offered. Such
-2-
BIDDER'S CERTIFICATION OF COMPLIANCE WITH
IRAN DIVESTMENT ACT
Pursuant to General Municipal Law § I 03-g, which generally prohibits the City from entering
into contracts with persons engaged in investment activities in the energy sector of Iran, the
bidder/proposer submits the following certification:
BIDDER'S CERTIFICATION
By submission of this bid or proposal, each bidder/proposer and each person signing on
behalf of any bidder/proposer certifies, and in the case of a joint bid each party thereto
certifies as to its own organization, under penalty of perjury, that to the best of its
knowledge and belief, that each bidder/proposer is not on the list created pursuant to
paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law.
□ I am unable to certify that my name and the name of the bidder/proposer does not appear
on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State
Finance Law. I have attached a signed statement setting forth in detail why I cannot so
certify.
PRINTED~
l
Dated: (.,.11 t 1 l,,J
-3-
NW:
Analytics Unit 11-Jan-2023
59 Maiden Lane 24th Floor
New York, NY 10038 Letter ID LI 828884608
Department of nyc.gov/finance Case# 2510299
Finance (212) 908-7623/7010
The entity identified above has bid on a contract with a NYC agency and that agency has requested a tax filing status check for this
entity. Due to a lack of information, we have been unable to complete a tax filing status check. Therefore, please complete, notarize
and return this affidavit within 20 days of the date on this notice. Failure to respond may result in rejection of the bid.
Please answer following:
I.) The entity listed above is a tax exempt organization. [ ] YES [ NO VJ
(If Yes, please submit with your response a copy of your NYC Exemption ruling or your Federal Exemption ruling.)
2.) Please enter the month and year your business began in New York City.
Month:~ Year: o?0~8 other (please explain) : _ _ _ _ _ _ __ _ _ __ _ __
Please cltoos; apptfcable statement(s):
4.l a [,,] The business listed above has filed NYC Unincorporated Business Tax returns under the FEIN: _ _ __ _
4.2a L',/) The business is not subjected to the NYC Unincorporated Business Tax. (Please briefly describe your pending
contTacr/service with the perspective NYC fL_ f,)
agency) . • ,!'; .s/.,e(Tf1$. ~l/5/f}CjS 1":s Cl,.
4.2b [ ] Gross bu ine ·s income was les han the required filing threshold, therefore, the business is not required to file NYC1k~
Unincorporated Business Tax returns. (Please Submit copies of Federal Form 1065 for each applicable year). ~ -c,-o<....
4.3 [ ] The business neglected to file the appropriate tax returns. Complete signed NYC Unincorporated Business Tax returns ar;~7f'
enclosed for processing. (Forms maybe obtained by downloading from our website nyc.gov/finance) r'"~s,
<::~ ,
-llll!lll!~--111111!!1~..,.---------------------------
,,,,,,,,III I UI 11,,,,,~
the business therein and which executed the above instrument and ,liccr7'-.;.:..;;,.
said firm for the purposes mentioned therein. - -----....-:::~~p:;z:~:=:==::::-1:!/.
The Cit y r equir es each or ganizat ion w it h w hich it cont r act s f or t he pr ovision
of hum an client ser vices t o: 1) cer t if y t hat no subst ant iat ed case of client
abuse or neglect by any em ployee of t he or ganizat ion ( including a f ost er
par ent , if applicable) occur r ed dur ing t he lat est 12 m ont h per iod; OR
2) disclose each such subst ant iat ed case and pr ovide a br ief descr ipt ion of
t he case, t he dat e of occur r ence, level of sever it y and t he case disposit ion,
including an ex planat ion of t he act ion t ak en against t he of f ender ( s) and, if
applicable, t he or ganizat ion. Com plet e t he f or m below t o cer t if y or disclose,
as applicable.
□
✔ This is t o cer t if y t hat no subst ant iat ed case of client abuse or neglect
by any em ployee ( including f ost er par ent s) of t he or ganizat ion nam ed
below has occur r ed dur ing t he lat est 12 m ont h per iod.
Lee Bienstock
Nam e of Aut hor ized Repr esent at ive ( Pr int ) ___________________________
President/COO
Tit le of Aut hor ized Repr esent at ive ( Pr int ) ___________________________
07
Dat e ___/ 20
___/ 23
___
CITY OF NEW YORK
No Conflict of Interest: Except as otherwise fully disclosed below (attach additional pages as
needed), the Consultant I Subcontractor affirms, to the best of its knowledge, information and
belief, that no City Elected Official, nor any person associated with any City Elected Official, is an
employee, Director or Trustee, Officer or consultant to/of, or has any financial interest, direct or
indirect, in the organization, or has received or will receive any financial benefit, directly or
indirectly, from the organization or from this funding. For the purposes of this certification,
"associated" persons include: a spouse, domestic partner, child, parent or sibling of a City
Elected Official; a person with whom a City Elected Official has a business or other financial
relationship, including but not limited to employees of a City Elected Official and/or a spouse,
domestic partner, child, parent or sibling of such employees; and each firm in which a City
Elected Official has a present or potential interest.
Notary Public
iviOCS Conrlict oflmcr~s! Disdosu rsc C'clliritntion Form - Cc,nsulinnt I Suhtonrrnctor for· Discrctionnf\ <1 ! 11 sno i Il 1
Labor Peace Agreement Certification
Certification Prior to Contract Award or Renewal
Pursuant to NYC Admin. Code§ 6-145(c)
Contract Name: Rapid Reliable Testing NY LLC E-PIN#: 80623E0067001
This certification is (select one): la The first such certification under for contract award/renewal.
D a subsequent (yearly) certification. If so, provide date of first certification: _ _ _ __
1, Lee Bienstock (print), the undersigned,
am a duly authorized officer of Rapid Reliable Testing NY LLC (vendor name)
Chief Executive Officer (CEO) of the city service contractor, bidder or proposer seeking award Check if updated
from a previous
or the city service contractor seeking renewal of a city service contract, as applicable: certification
CEO Name: Anthony Capone □
Address: 35 W 35th St. 6th FL., New York, NY 10001 □
Telephone: 844-443-6246 Email: ACapone@DocGo.com □
If the city service contract is awarded or renewed (as applicable), I, the undersigned, agree to comply with the requirements of NYC
Admin. Code § 6-145, and with all applicable federal, state and local laws.
Labor Relations findings: Instances during the preceding five years in which the bidder or proposer seeking award, or the city service
contractor seeking renewal, as applicable, has been found by a court or government agency to have violated federal , state or local laws
regulating labor relations, in which any government body initiated a judicial action, administrative proceeding or investigation of the bid-
der, proposer, or city service contractor in regard to such labor relations laws: Add pages as necessary. If not applicable write "NIA".
Violation: _ _ __ _ __ __ _ _ _ Date of Action: _ __ _ ___ Charging Agency: _ _ __ _ __ __ __ _
Summary: _ _ _ __ _ __ _ _ __ __ _ __ __ _ __ __ _ __ __ _ __ _ _ __ __ __ __
Summary: - -- - -- - -- - - -- -- - -- - - - - - - - - - - - - - - - - - - - - - - - -
State: Iv '1
Sworn or affirmed before me on: ') ...,. \.':'.\ 2 l 1
1. I, Lee Bien stock (print), the w,dersigned, a duly authorized officer of the D city service contractor or
'2f city service subcontractor (choose one) of Rapid Reliable Testing NY LLC (business name)
1
("covered employer "), do hereby certify: As of this date, the following Is true with regard to Labor Peace Agreements
("LPA" or "LPAs'1: (Choose one of the following)
0 Labor Peace Agreement(s) have been entered Into or are under negotiation. (Complete section 2 and 3)
or...
'21 Covered employees2 are not cunently represented by a labor organization and no labor organization has sought to
represent such covered employees. (Complete section 3 ONLY)
If a city service contractor or city service subcontractor has entered into a collective bargaining agreement (CBA)
with a labor organization that remains In effect, such CBA may be listed as an LPA for the purposes of this form.
2. The above-named covered employer has entered into or is in negotiations for the following labor Peace Agreements
with the following labor organizations: (complete the below as applicable and add additional sheets as necessary)
Negotiations have been initiated with the following Labor Organization but have not yet concluded .
_ __ _ _ _ __ _ _ __ _ _ _ _ __ _ __ __ _ _ _ __ __ _ __ _ __ _ __ _ _ _ {labor organization)
The following classes of covered employees are NOT currently represented by a labor organization and no labor organization
3. If, after the expiration of the 90-day period following the award or renewal date of the city service contract or the approval of
a city service subcontractor, a labor organization seeks to represent the covered employees of a covered employer and the
labor organization has provided notice to the contracting agency and the covered employer regarding such interest in accor-
dance with the terms of the rider, as applicable, then the covered employer shall submit an attestation (signed by the labor
organization) to the contracting agency (or, if the covered employer is a subcontractor, submit to the city service contractor
for submission to the contracting agency) no later than 90 days after the date of notice stating that it has entered into a labor
peace agreement with such labor organization or that labor peace agreement negotiations have not yet concluded.
I .
1
"covered employer": a city service contractor or a city service subcontractor, having entered into a service contract with an agency of the City.
2
"covered employee": an employee of a covered employer who directly renders human services in performance of a city service contract, except that the
term "covered employee" shall not include any building service employee.
Labor Peace Agreement Certification
Certification Prior to Contract Award or Renewal
Pursuant to NYC Admin. Code§ 6-145(c)
Contract Name: Rapid Reliable Testing NY LLC E-PIN#: 80623E0067001
This certification is (select one): la The first such certification under for contract award/renewal.
D a subsequent (yearly) certification. If so, provide date of first certification: _ _ _ __
1, Lee Bienstock (print), the undersigned,
am a duly authorized officer of Rapid Reliable Testing NY LLC (vendor name)
Chief Executive Officer (CEO) of the city service contractor, bidder or proposer seeking award Check if updated
from a previous
or the city service contractor seeking renewal of a city service contract, as applicable: certification
CEO Name: Anthony Capone □
Address: 35 W 35th St. 6th FL., New York, NY 10001 □
Telephone: 844-443-6246 Email: ACapone@DocGo.com □
If the city service contract is awarded or renewed (as applicable), I, the undersigned, agree to comply with the requirements of NYC
Admin. Code § 6-145, and with all applicable federal, state and local laws.
Labor Relations findings: Instances during the preceding five years in which the bidder or proposer seeking award, or the city service
contractor seeking renewal, as applicable, has been found by a court or government agency to have violated federal , state or local laws
regulating labor relations, in which any government body initiated a judicial action, administrative proceeding or investigation of the bid-
der, proposer, or city service contractor in regard to such labor relations laws: Add pages as necessary. If not applicable write "NIA".
Violation: _ _ __ _ __ __ _ _ _ Date of Action: _ __ _ ___ Charging Agency: _ _ __ _ __ __ __ _
Summary: _ _ _ __ _ __ _ _ __ __ _ __ __ _ __ __ _ __ __ _ __ _ _ __ __ __ __
Summary: - -- - -- - -- - - -- -- - -- - - - - - - - - - - - - - - - - - - - - - - - -
State: Iv '1
Sworn or affirmed before me on: ') ...,. \.':'.\ 2 l 1
LOBBYING CERTIFICATION
The undersigned affirms and declares that the Vendor is in compliance with the lobbying registration
requirements of the New York City and New York State Lobbying Laws. See Administrative Code of the
City of New York ("Administrative Code") § 3-211 et seq . and Legislative Law §1-a et seq., respectively.
The Vendor's registration status is disclosed below.
Anthony Capone
8-15-23
Date