Common use of Disclosures of Identifying Information to Third Parties Clause in Contracts

Disclosures of Identifying Information to Third Parties. Subcontractor shall comply with the City Chief Privacy Officer’s policies and protocols concerning requirements for a written agreement governing the disclosure of Identifying Information to a third party. This Subcontract is subject to the requirements of Executive Order No. 50 (April 25, 1980) (66 RCNY § 10-14) (“E.O. 50”) and the rules and regulations promulgated thereunder. No contract will be awarded unless and until these requirements have been complied with in their entirety. By signing this Subcontract, Subcontractor agrees that it: (1) will not discriminate unlawfully against any employee or applicant for employment because of race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status with respect to all employment decisions including, but not limited to recruitment, hiring, upgrading, demotion, downgrading, transfer, training, rates of pay or other forms of compensation, layoff, termination, and all other terms and conditions of employment; (2) will not discriminate in the selection of subcontractors on the basis of the owner’s, partners’ or shareholders’ race, color, creed, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status; (3) will state in all solicitations or advertisements for employees placed by or on behalf of Subcontractor that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status or is an equal employment opportunity employer; (4) will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or memorandum of understanding, written notification of its equal employment opportunity commitments under E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder; (5) will furnish before the Subcontract is awarded all information and reports including an Employment Report which are required by E.O. 50 (66 RCNY § 10-14) the rules and regulations promulgated thereunder, and orders of the Director of the Office of Labor Services (“Division”). Copies of all required reports are available upon request from the contracting agency; and (6) will permit the Division to have access to all relevant books, records and accounts by the Division for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. Subcontractor understands that in the event of its noncompliance with the nondiscrimination clauses of this Subcontract or with any of such rules, regulations, or orders, such noncompliance shall constitute a material breach of the Subcontract and noncompliance with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder. After a hearing held pursuant to the rules of the Division, the Director may direct the imposition by the City Agency head of any or all of the following sanctions: (i) disapproval of Subcontractor; (ii) suspension or termination of the Subcontract; (iii) declaring Subcontractor in default; or (iv) in lieu of any of the foregoing sanctions, the Director may impose an employment program. The Director of the Division may recommend to the contracting agency head that a Subcontractor who has repeatedly failed to comply with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder be determined to be nonresponsible. In accordance with Local Laws 30 and 33 of 2012, codified at Admin. Code §§ 6-132 and 12-113, respectively, 1. Subcontractor shall not take an adverse personnel action with respect to an officer or employee in retaliation for such officer or employee making a report of information concerning conduct which such officer or employee knows or reasonably believes to involve corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority by any officer or employee relating to this Subcontract to (i) the Commissioner of the Department of Investigation, (ii) a member of the New York City Council, the Public Advocate, or the Comptroller, or (iii) the City Chief Procurement Officer, ACCO, City Agency head, or Commissioner. 2. If any of Subcontractor’s officers or employees believes that he or she has been the subject of an adverse personnel action in violation of this Appendix, he or she shall be entitled to bring a cause of action against Subcontractor to recover all relief necessary to make him or her whole. Such relief may include but is not limited to: (i) an injunction to restrain continued retaliation, (ii) reinstatement to the position such employee would have had but for the retaliation or to an equivalent position, (iii) reinstatement of full fringe benefits and seniority rights, (iv) payment of two times back pay, plus interest, and (v) compensation for any special damages sustained as a result of the retaliation, including litigation costs and reasonable attorney’s fees. 3. Subcontractor shall post a notice provided by the City (attached hereto) in a prominent and accessible place on any site where work pursuant to the Subcontract is performed that contains information about: 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 Subcontract; and b. the rights and remedies afforded to its employees under City Administrative Code §§ 7-805 (the New York City False Claims Act) and 12-113 (the Whistleblower Protection Expansion Act) for lawful acts taken in connection with the reporting of allegations of fraud, false claims, criminality or corruption in connection with the Subcontract. 4. For the purposes of this Appendix, “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. $100,000. • 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. A. Subcontractor agrees as follows: 1. Subcontractor shall comply with the requirements of Administrative Code § 6-109 (“Section 6-109”), including, where applicable, the payment of either a prevailing wage or a living wage, as those terms are defined in Section 6-109. 2. Subcontractor shall not retaliate, discharge, demote, suspend, take adverse employment action in the terms and conditions of employment or otherwise discriminate against any employee for reporting or asserting a violation of Section 6-109, for seeking or communicating information regarding rights conferred by Section 6-109, for exercising any other rights protected under Section 6-109, or for participating in any investigatory or court proceeding relating to Section 6-109. This protection shall also apply to any employee or his or her representative who in good faith alleges a violation of Section 6-109, or who seeks or communicates information regarding rights conferred by Section 6-109 in circumstances where he or she in good faith believes it applies. 3. Subcontractor 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. Subcontractor shall maintain these records for the duration of the term of this Subcontract and shall retain them for a period of four years after completion of this Subcontract. For contracts involving building services, food services, or temporary services, the Subcontractor shall submit copies of payroll records, certified by the Subcontractor under penalty of perjury to be true and accurate, to Contractor with every requisition for payment. For contracts involving homecare, day care, head start or services to persons with cerebral palsy, the Subcontractor shall submit either certified payroll records or categorical information about the wages, benefits, and job classifications of covered employees of the Subcontractor, which shall be the substantial equivalent of the information required in Section 6-109(2)(a)(iii). 4. Subcontractor shall pay all covered employees by check 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 Subcontract is for an amount greater than $750,000.00, checks issued by 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 City Agency). 5. If provided by the City Agency to Contractor, Contractor will provide written notices to Subcontractor, prepared by the Comptroller, detailing the wages, benefits, and other protections to which covered employees are entitled under Section 6-109. Such notices will be provided in English, Spanish and other languages spoken by ten percent or more of a covered employer’s covered employees. Throughout the term of this Subcontract, Subcontractor shall post in a prominent and accessible place at every work site and provide each covered employee a copy of the written notices provided by Contractor. 6. Prior to entering into the Subcontract and each year throughout the term of the Subcontract, Subcontractor shall provide to Contractor for submission to the City Agency a certification as required by Section 6-109(c)(2). 7. Failure to comply with the requirements of Section 6-109 may, in the discretion of the City Agency, constitute a material breach by Subcontractor of the terms of this Subcontract. If Subcontractor receives written notice of such a breach and fails to cure such breach within 30 days, the City shall have the right to pursue any rights or remedies available under this Subcontract or under applicable law, including termination of the Subcontract.

Disclosures of Identifying Information to Third Parties. Subcontractor shall comply with the City Chief Privacy Officer’s policies and protocols concerning requirements for a written agreement governing the disclosure of Identifying Information to a third party. This Subcontract is subject to the requirements of Executive Order No. 50 (April 25, 1980) (66 RCNY § 10-14) (“E.O. 50”) and the rules and regulations promulgated thereunder. No contract will be awarded unless and until these requirements have been complied with in their entirety. By signing this Subcontract, Subcontractor agrees that it: (1) will not discriminate unlawfully against any employee or applicant for employment because of race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status with respect to all employment decisions including, but not limited to recruitment, hiring, upgrading, demotion, downgrading, transfer, training, rates of pay or other forms of compensation, layoff, termination, and all other terms and conditions of employment; (2) will not discriminate in the selection of subcontractors on the basis of the owner’s, partners’ or shareholders’ race, color, creed, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status; (3) will state in all solicitations or advertisements for employees placed by or on behalf of Subcontractor that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status or is an equal employment opportunity employer; (4) will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or memorandum of understanding, written notification of its equal employment opportunity commitments under E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder; (5) will furnish before the Subcontract is awarded all information and reports including an Employment Report which are required by E.O. 50 (66 RCNY § 10-14) the rules and regulations promulgated thereunder, and orders of the Director of the Office of Labor Services (“Division”). Copies of all required reports are available upon request from the contracting agency; and (6) will permit the Division to have access to all relevant books, records and accounts by the Division for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. Subcontractor understands that in the event of its noncompliance with the nondiscrimination clauses of this Subcontract or with any of such rules, regulations, or orders, such noncompliance shall constitute a material breach of the Subcontract and noncompliance with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder. After a hearing held pursuant to the rules of the Division, the Director may direct the imposition by the City Agency head of any or all of the following sanctions: (i) disapproval of Subcontractor; (ii) suspension or termination of the Subcontract; (iii) declaring Subcontractor in default; or (iv) in lieu of any of the foregoing sanctions, the Director may impose an employment program. The Director of the Division may recommend to the contracting agency head that a Subcontractor who has repeatedly failed to comply with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder be determined to be nonresponsible. In accordance with Local Laws 30 and 33 of 2012, codified at Admin. Code §§ 6-132 and 12-113, respectively, 1. Subcontractor shall not take an adverse personnel action with respect to an officer or employee in retaliation for such officer or employee making a report of information concerning conduct which such officer or employee knows or reasonably believes to involve corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority by any officer or employee relating to this Subcontract to (i) the Commissioner of the Department of Investigation, (ii) a member of the New York City Council, the Public Advocate, or the Comptroller, or (iii) the City Chief Procurement Officer, ACCO, City Agency head, or Commissioner. 2. If any of Subcontractor’s officers or employees believes that he or she has been the subject of an adverse personnel action in violation of this Appendix, he or she shall be entitled to bring a cause of action against Subcontractor to recover all relief necessary to make him or her whole. Such relief may include but is not limited to: (i) an injunction to restrain continued retaliation, (ii) reinstatement to the position such employee would have had but for the retaliation or to an equivalent position, (iii) reinstatement of full fringe benefits and seniority rights, (iv) payment of two times back pay, plus interest, and (v) compensation for any special damages sustained as a result of the retaliation, including litigation costs and reasonable attorney’s fees. 3. Subcontractor shall post a notice provided by the City (attached hereto) in a prominent and accessible place on any site where work pursuant to the Subcontract is performed that contains information about: 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 Subcontract; and b. the rights and remedies afforded to its employees under City Administrative Code §§ 7-805 (the New York City False Claims Act) and 12-113 (the Whistleblower Protection Expansion Act) for lawful acts taken in connection with the reporting of allegations of fraud, false claims, criminality or corruption in connection with the Subcontract. 4. For the purposes of this Appendix, “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. $100,000. • 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. A. X. Subcontractor agrees as follows: 1. Subcontractor shall comply with the requirements of Administrative Code § 6-109 (“Section 6-109”), including, where applicable, the payment of either a prevailing wage or a living wage, as those terms are defined in Section 6-109. 2. Subcontractor shall not retaliate, discharge, demote, suspend, take adverse employment action in the terms and conditions of employment or otherwise discriminate against any employee for reporting or asserting a violation of Section 6-109, for seeking or communicating information regarding rights conferred by Section 6-109, for exercising any other rights protected under Section 6-109, or for participating in any investigatory or court proceeding relating to Section 6-109. This protection shall also apply to any employee or his or her representative who in good faith alleges a violation of Section 6-109, or who seeks or communicates information regarding rights conferred by Section 6-109 in circumstances where he or she in good faith believes it applies. 3. Subcontractor 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. Subcontractor shall maintain these records for the duration of the term of this Subcontract and shall retain them for a period of four years after completion of this Subcontract. For contracts involving building services, food services, or temporary services, the Subcontractor shall submit copies of payroll records, certified by the Subcontractor under penalty of perjury to be true and accurate, to Contractor with every requisition for payment. For contracts involving homecare, day care, head start or services to persons with cerebral palsy, the Subcontractor shall submit either certified payroll records or categorical information about the wages, benefits, and job classifications of covered employees of the Subcontractor, which shall be the substantial equivalent of the information required in Section 6-109(2)(a)(iii). 4. Subcontractor shall pay all covered employees by check 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 Subcontract is for an amount greater than $750,000.00, checks issued by 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 City Agency). 5. If provided by the City Agency to Contractor, Contractor will provide written notices to Subcontractor, prepared by the Comptroller, detailing the wages, benefits, and other protections to which covered employees are entitled under Section 6-109. Such notices will be provided in English, Spanish and other languages spoken by ten percent or more of a covered employer’s covered employees. Throughout the term of this Subcontract, Subcontractor shall post in a prominent and accessible place at every work site and provide each covered employee a copy of the written notices provided by Contractor. 6. Prior to entering into the Subcontract and each year throughout the term of the Subcontract, Subcontractor shall provide to Contractor for submission to the City Agency a certification as required by Section 6-109(c)(2). 7. Failure to comply with the requirements of Section 6-109 may, in the discretion of the City Agency, constitute a material breach by Subcontractor of the terms of this Subcontract. If Subcontractor receives written notice of such a breach and fails to cure such breach within 30 days, the City shall have the right to pursue any rights or remedies available under this Subcontract or under applicable law, including termination of the Subcontract.

Disclosures of Identifying Information to Third Parties. Subcontractor shall comply with the City Chief Privacy Officer’s policies and protocols concerning requirements for a written agreement governing the disclosure of Identifying Information to a third party. This Subcontract is subject to the requirements of Executive Order No. 50 (April 25, 1980) (66 RCNY § 10-14) (“E.O. 50”) and the rules and regulations promulgated thereunder. No contract will be awarded unless and until these requirements have been complied with in their entirety. By signing this Subcontract, Subcontractor agrees that it: (1) : will not discriminate unlawfully against any employee or applicant for employment because of race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status with respect to all employment decisions including, but not limited to recruitment, hiring, upgrading, demotion, downgrading, transfer, training, rates of pay or other forms of compensation, layoff, termination, and all other terms and conditions of employment; (2) ; will not discriminate in the selection of subcontractors on the basis of the owner’s, partners’ or shareholders’ race, color, creed, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status; (3) ; will state in all solicitations or advertisements for employees placed by or on behalf of Subcontractor that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status or is an equal employment opportunity employer; (4) ; will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or memorandum of understanding, written notification of its equal employment opportunity commitments under E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder; (5) ; will furnish before the Subcontract is awarded all information and reports including an Employment Report which are required by E.O. 50 (66 RCNY § 10-14) the rules and regulations promulgated thereunder, and orders of the Director of the Office of Labor Services (“Division”). Copies of all required reports are available upon request from the contracting agency; and (6) and will permit the Division to have access to all relevant books, records and accounts by the Division for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. Subcontractor understands that in the event of its noncompliance with the nondiscrimination clauses of this Subcontract or with any of such rules, regulations, or orders, such noncompliance shall constitute a material breach of the Subcontract and noncompliance with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder. After a hearing held pursuant to the rules of the Division, the Director may direct the imposition by the City Agency head of any or all of the following sanctions: (i) : disapproval of Subcontractor; (ii) ; suspension or termination of the Subcontract; (iii) ; declaring Subcontractor in default; or (iv) or in lieu of any of the foregoing sanctions, the Director may impose an employment program. The Director of the Division may recommend to the contracting agency head that a Subcontractor who has repeatedly failed to comply with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder be determined to be nonresponsible. In accordance with Local Laws 30 and 33 of 2012, codified at Admin. Code §§ 6-132 and 12-113, respectively, 1. , Subcontractor shall not take an adverse personnel action with respect to an officer or employee in retaliation for such officer or employee making a report of information concerning conduct which such officer or employee knows or reasonably believes to involve corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority by any officer or employee relating to this Subcontract to (i) the Commissioner of the Department of Investigation, (ii) a member of the New York City Council, the Public Advocate, or the Comptroller, or (iii) the City Chief Procurement Officer, ACCO, City Agency head, or Commissioner. 2. If any of Subcontractor’s officers or employees believes that he or she has been the subject of an adverse personnel action in violation of this Appendix, he or she shall be entitled to bring a cause of action against Subcontractor to recover all relief necessary to make him or her whole. Such relief may include but is not limited to: (i) an injunction to restrain continued retaliation, (ii) reinstatement to the position such employee would have had but for the retaliation or to an equivalent position, (iii) reinstatement of full fringe benefits and seniority rights, (iv) payment of two times back pay, plus interest, and (v) compensation for any special damages sustained as a result of the retaliation, including litigation costs and reasonable attorney’s fees. 3. Subcontractor shall post a notice provided by the City (attached hereto) in a prominent and accessible place on any site where work pursuant to the Subcontract is performed that contains information about: 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 Subcontract; and b. and the rights and remedies afforded to its employees under City Administrative Code §§ 7-805 (the New York City False Claims Act) and 12-113 (the Whistleblower Protection Expansion Act) for lawful acts taken in connection with the reporting of allegations of fraud, false claims, criminality or corruption in connection with the Subcontract. 4. For the purposes of this Appendix, “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. $100,000. • Any employee who makes such a report and who believes he or she has been dismissedC ORRUPTION, demotedFRAUD, 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. A. Subcontractor agrees as follows: 1. Subcontractor shall comply with the requirements of Administrative Code § 6-109 (“Section 6-109”), including, where applicable, the payment of either a prevailing wage or a living wage, as those terms are defined in Section 6-109. 2. Subcontractor shall not retaliate, discharge, demote, suspend, take adverse employment action in the terms and conditions of employment or otherwise discriminate against any employee for reporting or asserting a violation of Section 6-109, for seeking or communicating information regarding rights conferred by Section 6-109, for exercising any other rights protected under Section 6-109, or for participating in any investigatory or court proceeding relating to Section 6-109. This protection shall also apply to any employee or his or her representative who in good faith alleges a violation of Section 6-109, or who seeks or communicates information regarding rights conferred by Section 6-109 in circumstances where he or she in good faith believes it applies. 3. Subcontractor 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. Subcontractor shall maintain these records for the duration of the term of this Subcontract and shall retain them for a period of four years after completion of this Subcontract. For contracts involving building services, food services, or temporary services, the Subcontractor shall submit copies of payroll records, certified by the Subcontractor under penalty of perjury to be true and accurate, to Contractor with every requisition for payment. For contracts involving homecare, day care, head start or services to persons with cerebral palsy, the Subcontractor shall submit either certified payroll records or categorical information about the wages, benefits, and job classifications of covered employees of the Subcontractor, which shall be the substantial equivalent of the information required in Section 6-109(2)(a)(iii). 4. Subcontractor shall pay all covered employees by check 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 Subcontract is for an amount greater than $750,000.00, checks issued by 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 City Agency). 5. If provided by the City Agency to Contractor, Contractor will provide written notices to Subcontractor, prepared by the Comptroller, detailing the wages, benefits, and other protections to which covered employees are entitled under Section 6-109. Such notices will be provided in English, Spanish and other languages spoken by ten percent or more of a covered employer’s covered employees. Throughout the term of this Subcontract, Subcontractor shall post in a prominent and accessible place at every work site and provide each covered employee a copy of the written notices provided by Contractor. 6. Prior to entering into the Subcontract and each year throughout the term of the Subcontract, Subcontractor shall provide to Contractor for submission to the City Agency a certification as required by Section 6-109(c)(2). 7. Failure to comply with the requirements of Section 6-109 may, in the discretion of the City Agency, constitute a material breach by Subcontractor of the terms of this Subcontract. If Subcontractor receives written notice of such a breach and fails to cure such breach within 30 days, the City shall have the right to pursue any rights or remedies available under this Subcontract or under applicable law, including termination of the Subcontract.UNETHICAL CONDUCT

Disclosures of Identifying Information to Third Parties. Subcontractor shall comply with the City Chief Privacy Officer’s policies and protocols concerning requirements for a written agreement governing the disclosure of Identifying Information to a third party. This Subcontract is subject to the requirements of Executive Order No. 50 (April 25, 1980) (66 RCNY § 10-14) (“E.O. 50”) and the rules and regulations promulgated thereunder. No contract will be awarded unless and until these requirements have been complied with in their entirety. By signing this Subcontract, Subcontractor agrees that it: (1) will not discriminate unlawfully against any employee or applicant for employment because of race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status with respect to all employment decisions including, but not limited to recruitment, hiring, upgrading, demotion, downgrading, transfer, training, rates of pay or other forms of compensation, layoff, termination, and all other terms and conditions of employment; (2) will not discriminate in the selection of subcontractors on the basis of the owner’s, partners’ or shareholders’ race, color, creed, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status; (3) will state in all solicitations or advertisements for employees placed by or on behalf of Subcontractor that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status or is an equal employment opportunity employer; (4) will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or memorandum of understanding, written notification of its equal employment opportunity commitments under E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder; (5) will furnish before the Subcontract is awarded all information and reports including an Employment Report which are required by E.O. 50 (66 RCNY § 10-10- 14) the rules and regulations promulgated thereunder, and orders of the Director of the Office of Labor Services (“Division”). Copies of all required reports are available upon request from the contracting agency; and (6) will permit the Division to have access to all relevant books, records and accounts by the Division for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. Subcontractor understands that in the event of its noncompliance with the nondiscrimination clauses of this Subcontract or with any of such rules, regulations, or orders, such noncompliance shall constitute a material breach of the Subcontract and noncompliance with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder. After a hearing held pursuant to the rules of the Division, the Director may direct the imposition by the City Agency head of any or all of the following sanctions: (i) disapproval of Subcontractor; (ii) suspension or termination of the Subcontract; (iii) declaring Subcontractor in default; or (iv) in lieu of any of the foregoing sanctions, the Director may impose an employment program. The Director of the Division may recommend to the contracting agency head that a Subcontractor who has repeatedly failed to comply with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder be determined to be nonresponsible. In accordance with Local Laws 30 and 33 of 2012, codified at Admin. Code §§ 6-132 and 12-12- 113, respectively, 1. Subcontractor shall not take an adverse personnel action with respect to an officer or employee in retaliation for such officer or employee making a report of information concerning conduct which such officer or employee knows or reasonably believes to involve corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority by any officer or employee relating to this Subcontract to (i) the Commissioner of the Department of Investigation, (ii) a member of the New York City Council, the Public Advocate, or the Comptroller, or (iii) the City Chief Procurement Officer, ACCO, City Agency head, or Commissioner. 2. If any of Subcontractor’s officers or employees believes that he or she has been the subject of an adverse personnel action in violation of this Appendix, he or she shall be entitled to bring a cause of action against Subcontractor to recover all relief necessary to make him or her whole. Such relief may include but is not limited to: (i) an injunction to restrain continued retaliation, (ii) reinstatement to the position such employee would have had but for the retaliation or to an equivalent position, (iii) reinstatement of full fringe benefits and seniority rights, (iv) payment of two times back pay, plus interest, and (v) compensation for any special damages sustained as a result of the retaliation, including litigation costs and reasonable attorney’s fees. 3. Subcontractor shall post a notice provided by the City (attached hereto) in a prominent and accessible place on any site where work pursuant to the Subcontract is performed that contains information about: 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 Subcontract; and b. the rights and remedies afforded to its employees under City Administrative Code §§ 7-805 (the New York City False Claims Act) and 12-113 (the Whistleblower Protection Expansion Act) for lawful acts taken in connection with the reporting of allegations of fraud, false claims, criminality or corruption in connection with the Subcontract. 4. For the purposes of this Appendix, “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. $100,000. • 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. A. Subcontractor agrees as follows: 1. Subcontractor shall comply with the requirements of Administrative Code § 6-109 (“Section 6-109”), including, where applicable, the payment of either a prevailing wage or a living wage, as those terms are defined in Section 6-109. 2. Subcontractor shall not retaliate, discharge, demote, suspend, take adverse employment action in the terms and conditions of employment or otherwise discriminate against any employee for reporting or asserting a violation of Section 6-109, for seeking or communicating information regarding rights conferred by Section 6-109, for exercising any other rights protected under Section 6-109, or for participating in any investigatory or court proceeding relating to Section 6-109. This protection shall also apply to any employee or his or her representative who in good faith alleges a violation of Section 6-109, or who seeks or communicates information regarding rights conferred by Section 6-6- 109 in circumstances where he or she in good faith believes it applies. 3. Subcontractor 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. Subcontractor shall maintain these records for the duration of the term of this Subcontract and shall retain them for a period of four years after completion of this Subcontract. For contracts involving building services, food services, or temporary services, the Subcontractor shall submit copies of payroll records, certified by the Subcontractor under penalty of perjury to be true and accurate, to Contractor with every requisition for payment. For contracts involving homecare, day care, head start or services to persons with cerebral palsy, the Subcontractor shall submit either certified payroll records or categorical information about the wages, benefits, and job classifications of covered employees of the Subcontractor, which shall be the substantial equivalent of the information required in Section 6-6- 109(2)(a)(iii). 4. Subcontractor shall pay all covered employees by check 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 Subcontract is for an amount greater than $750,000.00, checks issued by 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 City Agency). 5. If provided by the City Agency to Contractor, Contractor will provide written notices to Subcontractor, prepared by the Comptroller, detailing the wages, benefits, and other protections to which covered employees are entitled under Section 6-109. Such notices will be provided in English, Spanish and other languages spoken by ten percent or more of a covered employer’s covered employees. Throughout the term of this Subcontract, Subcontractor shall post in a prominent and accessible place at every work site and provide each covered employee a copy of the written notices provided by Contractor. 6. Prior to entering into the Subcontract and each year throughout the term of the Subcontract, Subcontractor shall provide to Contractor for submission to the City Agency a certification as required by Section 6-109(c)(2). 7. Failure to comply with the requirements of Section 6-109 may, in the discretion of the City Agency, constitute a material breach by Subcontractor of the terms of this Subcontract. If Subcontractor receives written notice of such a breach and fails to cure such breach within 30 days, the City shall have the right to pursue any rights or remedies available under this Subcontract or under applicable law, including termination of the Subcontract.

Disclosures of Identifying Information to Third Parties. Subcontractor shall comply with the City Chief Privacy Officer’s policies and protocols concerning requirements for a written agreement governing the disclosure of Identifying Information to a third party. (Applicable if the Subcontract exceeds $100,000) This Subcontract is subject to the requirements of Executive Order No. 50 (April 25, 1980) (66 RCNY § 10-14) (“E.O. 50”) and the rules and regulations promulgated thereunder. No contract will be awarded unless and until these requirements have been complied with in their entirety. By signing this Subcontract, Subcontractor agrees that it: (1) will not discriminate unlawfully against any employee or applicant for employment because of race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status with respect to all employment decisions including, but not limited to recruitment, hiring, upgrading, demotion, downgrading, transfer, training, rates of pay or other forms of compensation, layoff, termination, and all other terms and conditions of employment; (2) will not discriminate in the selection of subcontractors on the basis of the owner’s, partners’ or shareholders’ race, color, creed, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status; (3) will state in all solicitations or advertisements for employees placed by or on behalf of Subcontractor that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status or is an equal employment opportunity employer; (4) will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or memorandum of understanding, written notification of its equal employment opportunity commitments under E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder; (5) will furnish before the Subcontract is awarded all information and reports including an Employment Report which are required by E.O. 50 (66 RCNY § 10-14) the rules and regulations promulgated thereunder, and orders of the Director of the Office of Labor Services (“Division”). Copies of all required reports are available upon request from the contracting agency; and (6) will permit the Division to have access to all relevant books, records and accounts by the Division for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. Subcontractor understands that in the event of its noncompliance with the nondiscrimination clauses of this Subcontract or with any of such rules, regulations, or orders, such noncompliance shall constitute a material breach of the Subcontract and noncompliance with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder. After a hearing held pursuant to the rules of the Division, the Director may direct the imposition by the City Agency head of any or all of the following sanctions: (i) disapproval of Subcontractor; (ii) suspension or termination of the Subcontract; (iii) declaring Subcontractor in default; or (iv) in lieu of any of the foregoing sanctions, the Director may impose an employment program. The Director of the Division may recommend to the contracting agency head that a Subcontractor who has repeatedly failed to comply with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder be determined to be nonresponsible. (Applicable if the Subcontract exceeds $100,000) In accordance with Local Laws 30 and 33 of 2012, codified at Admin. Code §§ 6-132 and 12-113, respectively, 1. Subcontractor shall not take an adverse personnel action with respect to an officer or employee in retaliation for such officer or employee making a report of information concerning conduct which such officer or employee knows or reasonably believes to involve corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority by any officer or employee relating to this Subcontract to (i) the Commissioner of the Department of Investigation, (ii) a member of the New York City Council, the Public Advocate, or the Comptroller, or (iii) the City Chief Procurement Officer, ACCO, City Agency head, or Commissioner. 2. If any of Subcontractor’s officers or employees believes that he or she has been the subject of an adverse personnel action in violation of this Appendix, he or she shall be entitled to bring a cause of action against Subcontractor to recover all relief necessary to make him or her whole. Such relief may include but is not limited to: (i) an injunction to restrain continued retaliation, (ii) reinstatement to the position such employee would have had but for the retaliation or to an equivalent position, (iii) reinstatement of full fringe benefits and seniority rights, (iv) payment of two times back pay, plus interest, and (v) compensation for any special damages sustained as a result of the retaliation, including litigation costs and reasonable attorney’s fees. 3. Subcontractor shall post a notice provided by the City (attached hereto) in a prominent and accessible place on any site where work pursuant to the Subcontract is performed that contains information about: 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 Subcontract; and b. the rights and remedies afforded to its employees under City Administrative Code §§ 7-805 (the New York City False Claims Act) and 12-113 (the Whistleblower Protection Expansion Act) for lawful acts taken in connection with the reporting of allegations of fraud, false claims, criminality or corruption in connection with the Subcontract. 4. For the purposes of this Appendix, “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. $100,000. • 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. A. Subcontractor agrees as follows: 1. Subcontractor shall comply with the requirements of Administrative Code § 6-109 (“Section 6-109”), including, where applicable, the payment of either a prevailing wage or a living wage, as those terms are defined in Section 6-109. 2. Subcontractor shall not retaliate, discharge, demote, suspend, take adverse employment action in the terms and conditions of employment or otherwise discriminate against any employee for reporting or asserting a violation of Section 6-109, for seeking or communicating information regarding rights conferred by Section 6-109, for exercising any other rights protected under Section 6-109, or for participating in any investigatory or court proceeding relating to Section 6-109. This protection shall also apply to any employee or his or her representative who in good faith alleges a violation of Section 6-109, or who seeks or communicates information regarding rights conferred by Section 6-109 in circumstances where he or she in good faith believes it applies. 3. Subcontractor 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. Subcontractor shall maintain these records for the duration of the term of this Subcontract and shall retain them for a period of four years after completion of this Subcontract. For contracts involving building services, food services, or temporary services, the Subcontractor shall submit copies of payroll records, certified by the Subcontractor under penalty of perjury to be true and accurate, to Contractor with every requisition for payment. For contracts involving homecare, day care, head start or services to persons with cerebral palsy, the Subcontractor shall submit either certified payroll records or categorical information about the wages, benefits, and job classifications of covered employees of the Subcontractor, which shall be the substantial equivalent of the information required in Section 6-109(2)(a)(iii). 4. Subcontractor shall pay all covered employees by check 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 Subcontract is for an amount greater than $750,000.00, checks issued by 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 City Agency). 5. If provided by the City Agency to Contractor, Contractor will provide written notices to Subcontractor, prepared by the Comptroller, detailing the wages, benefits, and other protections to which covered employees are entitled under Section 6-109. Such notices will be provided in English, Spanish and other languages spoken by ten percent or more of a covered employer’s covered employees. Throughout the term of this Subcontract, Subcontractor shall post in a prominent and accessible place at every work site and provide each covered employee a copy of the written notices provided by Contractor. 6. Prior to entering into the Subcontract and each year throughout the term of the Subcontract, Subcontractor shall provide to Contractor for submission to the City Agency a certification as required by Section 6-109(c)(2). 7. Failure to comply with the requirements of Section 6-109 may, in the discretion of the City Agency, constitute a material breach by Subcontractor of the terms of this Subcontract. If Subcontractor receives written notice of such a breach and fails to cure such breach within 30 days, the City shall have the right to pursue any rights or remedies available under this Subcontract or under applicable law, including termination of the Subcontract.

Disclosures of Identifying Information to Third Parties. Subcontractor shall comply with the City Chief Privacy Officer’s policies and protocols concerning requirements for a written agreement governing the disclosure of Identifying Information to a third party. SUBCONTRACT ANNEX E (Applicable if the Subcontract exceeds $100,000) EXECUTIVE ORDER 50 This Subcontract is subject to the requirements of Executive Order No. 50 (April 25, 1980) (66 RCNY § 10-14) (“E.O. 50”) and the rules and regulations promulgated thereunder. No contract will be awarded unless and until these requirements have been complied with in their entirety. By signing this Subcontract, Subcontractor agrees that it: (1) : will not discriminate unlawfully against any employee or applicant for employment because of race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status with respect to all employment decisions including, but not limited to recruitment, hiring, upgrading, demotion, downgrading, transfer, training, rates of pay or other forms of compensation, layoff, termination, and all other terms and conditions of employment; (2) ; will not discriminate in the selection of subcontractors on the basis of the owner’s, partners’ or shareholders’ race, color, creed, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status; (3) ; will state in all solicitations or advertisements for employees placed by or on behalf of Subcontractor that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation or citizenship status or is an equal employment opportunity employer; (4) ; will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or memorandum of understanding, written notification of its equal employment opportunity commitments under E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder; (5) ; will furnish before the Subcontract is awarded all information and reports including an Employment Report which are required by E.O. 50 (66 RCNY § 10-14) the rules and regulations promulgated thereunder, and orders of the Director of the Office of Labor Services (“Division”). Copies of all required reports are available upon request from the contracting agency; and (6) and will permit the Division to have access to all relevant books, records and accounts by the Division for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. Subcontractor understands that in the event of its noncompliance with the nondiscrimination clauses of this Subcontract or with any of such rules, regulations, or orders, such noncompliance shall constitute a material breach of the Subcontract and noncompliance with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder. After a hearing held pursuant to the rules of the Division, the Director may direct the imposition by the City Agency head of any or all of the following sanctions: (i) : disapproval of Subcontractor; (ii) ; suspension or termination of the Subcontract; (iii) ; declaring Subcontractor in default; or (iv) or in lieu of any of the foregoing sanctions, the Director may impose an employment program. The Director of the Division may recommend to the contracting agency head that a Subcontractor who has repeatedly failed to comply with E.O. 50 (66 RCNY § 10-14) and the rules and regulations promulgated thereunder be determined to be nonresponsible. SUBCONTRACT ANNEX F (Applicable if the Subcontract exceeds $100,000) WHISTLEBLOWER PROTECTIONS In accordance with Local Laws 30 and 33 of 2012, codified at Admin. Code §§ 6-132 and 12-113, respectively, 1. , Subcontractor shall not take an adverse personnel action with respect to an officer or employee in retaliation for such officer or employee making a report of information concerning conduct which such officer or employee knows or reasonably believes to involve corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority by any officer or employee relating to this Subcontract to (i) the Commissioner of the Department of Investigation, (ii) a member of the New York City Council, the Public Advocate, or the Comptroller, or (iii) the City Chief Procurement Officer, ACCO, City Agency head, or Commissioner. 2. If any of Subcontractor’s officers or employees believes that he or she has been the subject of an adverse personnel action in violation of this Appendix, he or she shall be entitled to bring a cause of action against Subcontractor to recover all relief necessary to make him or her whole. Such relief may include but is not limited to: (i) an injunction to restrain continued retaliation, (ii) reinstatement to the position such employee would have had but for the retaliation or to an equivalent position, (iii) reinstatement of full fringe benefits and seniority rights, (iv) payment of two times back pay, plus interest, and (v) compensation for any special damages sustained as a result of the retaliation, including litigation costs and reasonable attorney’s fees. 3. Subcontractor shall post a notice provided by the City (attached hereto) in a prominent and accessible place on any site where work pursuant to the Subcontract is performed that contains information about: 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 Subcontract; and b. and the rights and remedies afforded to its employees under City Administrative Code §§ 7-805 (the New York City False Claims Act) and 12-113 (the Whistleblower Protection Expansion Act) for lawful acts taken in connection with the reporting of allegations of fraud, false claims, criminality or corruption in connection with the Subcontract. 4. For the purposes of this Appendix, “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. $100,000. • 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. A. Subcontractor agrees as follows: 1. Subcontractor shall comply with the requirements of Administrative Code § 6REPORT 000-109 (“Section 6000-109”), including, where applicable, the payment of either a prevailing wage or a living wage, as those terms are defined in Section 6-109. 2. Subcontractor shall not retaliate, discharge, demote, suspend, take adverse employment action in the terms and conditions of employment or otherwise discriminate against any employee for reporting or asserting a violation of Section 6-109, for seeking or communicating information regarding rights conferred by Section 6-109, for exercising any other rights protected under Section 6-109, or for participating in any investigatory or court proceeding relating to Section 6-109. This protection shall also apply to any employee or his or her representative who in good faith alleges a violation of Section 6-109, or who seeks or communicates information regarding rights conferred by Section 6-109 in circumstances where he or she in good faith believes it applies. 3. Subcontractor 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. Subcontractor shall maintain these records for the duration of the term of this Subcontract and shall retain them for a period of four years after completion of this Subcontract. For contracts involving building services, food services, or temporary services, the Subcontractor shall submit copies of payroll records, certified by the Subcontractor under penalty of perjury to be true and accurate, to Contractor with every requisition for payment. For contracts involving homecare, day care, head start or services to persons with cerebral palsy, the Subcontractor shall submit either certified payroll records or categorical information about the wages, benefits, and job classifications of covered employees of the Subcontractor, which shall be the substantial equivalent of the information required in Section 6-109(2)(a)(iii). 4. Subcontractor shall pay all covered employees by check 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 Subcontract is for an amount greater than $750,000.00, checks issued by 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 City Agency). 5. If provided by the City Agency to Contractor, Contractor will provide written notices to Subcontractor, prepared by the Comptroller, detailing the wages, benefits, and other protections to which covered employees are entitled under Section 6-109. Such notices will be provided in English, Spanish and other languages spoken by ten percent or more of a covered employer’s covered employees. Throughout the term of this Subcontract, Subcontractor shall post in a prominent and accessible place at every work site and provide each covered employee a copy of the written notices provided by Contractor. 6. Prior to entering into the Subcontract and each year throughout the term of the Subcontract, Subcontractor shall provide to Contractor for submission to the City Agency a certification as required by Section 6-109(c)(2). 7. Failure to comply with the requirements of Section 6-109 may, in the discretion of the City Agency, constitute a material breach by Subcontractor of the terms of this Subcontract. If Subcontractor receives written notice of such a breach and fails to cure such breach within 30 days, the City shall have the right to pursue any rights or remedies available under this Subcontract or under applicable law, including termination of the Subcontract.0000 THE LAW PROTECTS EMPLOYEES OF