Common use of Liquidated Damages - MWBE Participation Clause in Contracts

Liquidated Damages - MWBE Participation. A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Agreement. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Department, the Contractor shall pay such liquidated damages to the Department within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESSES Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economy. AGM recognizes the need to promote the employment of service- disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of AGM contracts. In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Contractors are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles.

Liquidated Damages - MWBE Participation. A. Where the Department Authority determines that the Contractor is not in compliance with the requirements of this Appendix Agreement and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goalsgoals set forth herein, the Contractor shall be obligated to pay to the Department Authority liquidated damages. B. . Such liquidated damages shall be calculated as an amount equaling the difference between: 1. : All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. and All sums actually paid to MWBEs for work performed or materials supplied under the this Agreement. C. . In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the DepartmentAuthority, the Contractor shall pay such liquidated damages to the Department Authority within sixty (60) days after they are assessed. Providedassessed by the Authority unless prior to the expiration of such sixtieth day, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Woman Business Development pursuant to 5 NYCRR § 142.12, Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable only if Director renders a decision in favor of the event of a determination adverse Authority. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES – EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT I, _________________________, the (awardee/contractor)____________________ agree to adopt the following policies with respect to the project being developed or services rendered at _________________________________________________________________. This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participations goals set by the State for that area in which the State-funded project is located, by taking the following steps: Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations. Request a list of State-certified M/WBEs from AGENCY and solicit bids from them directly. Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation. Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof. Contractor following the complaint processwill also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESSES Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”)Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, thereby further integrating such businesses into New York State’s economy. AGM recognizes the need and that bonding and other credit requirements are waived or appropriate alternatives developed to promote the employment of service- disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of AGM contracts. In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Contractors are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting rolesencourage M/WBE participation.

Liquidated Damages - MWBE Participation. A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Agreement. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Department, the Contractor shall pay such liquidated damages to the Department within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESSES Article 17-B 3 of the New York State Executive Veterans’ Services Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBsSDVOB”), thereby further integrating such businesses into New York State’s economy. AGM The Department recognizes the need to promote the employment of service- disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of AGM Department contracts. In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Contractors are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of the ContractAgreement. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles.

Liquidated Damages - MWBE Participation. A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Agreement. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Department, the Contractor shall pay such liquidated damages to the Department within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-SERVICE- DISABLED VETERAN-OWNED BUSINESSES Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economy. AGM The Department recognizes the need to promote the employment of service- disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of AGM Department contracts. In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Contractors are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles.

Liquidated Damages - MWBE Participation. A. Where the Department NYSERDA determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department NYSERDA liquidated damages.. [PLEASE NOTE THAT WHILE ARTICLE 15-A REQUIRES THE INCLUSION OF LIQUIDATED DAMAGES IN THE CONTRACT, ARTICLE 15-A DOES NOT PROVIDETHE METHOD TO BE USED FOR CALCULATING LIQUIDATED DAMAGES. THEREFORE, THE CALCULATION SET FORTH IN THE NEXT PARAGRAPH IS JUST ONE OF A NUMBER OF ACCEPTABLE METHODS THAT MAY BE USED IN CALCULATING LIQUIDATED DAMAGES. PUNITIVE DAMAGES MAY NOT BE USED IN DETERMINING LIQUIDATED DAMAGES. NOTE: THIS LANGUAGE SHOULD BE DELETED FROM THE FINAL CONTRACT] B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the AgreementContract. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the DepartmentNYSERDA, the Contractor shall pay such liquidated damages to the Department NYSERDA within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESSES Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economy. AGM recognizes the need to promote the employment of service- disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of AGM contracts. In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Contractors are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles. ATTACHMENT 1 — MWBE AND EEO POLICY STATEMENT

Liquidated Damages - MWBE Participation. A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the AgreementContract. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Department, the Contractor shall pay such liquidated damages to the Department within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESSES Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economy. AGM recognizes the need to promote the employment of service- disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of AGM contracts. In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Contractors are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles.

Liquidated Damages - MWBE Participation. A. Where the Department Agency(ies) determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay liquidated damages to the Department liquidated damagesAgency(ies). B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the AgreementContract. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the DepartmentAgency(ies), the Contractor shall pay such liquidated damages to the Department Agency(ies) within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESSES Article 17-B Enter the totaI number o or each cIass1'fi1cat1on 1n each of the New York State Executive Law provides for more meaningful participation in public procurement EEO-J 0b Cat 1·denrn1 1ed PREPARED BY (Signature): TELEPHONE NO. EMAIL ADDRESS NAME AND TITLE OF PREPARER (Print or Type): Xxxxxx Xxxxx, Office Manager SUBMIT COMPLETED WITH BID OR PROPOSAL Solicitation/Program Name: Community Development Block Grant-Disaster Recovery (CDBG-DR) Environmental Review, Surveys & Assessments, and Testing Services Report includes: D Workforce to be utilized on this contract D Contractor/Subcontractor's total workforce Offeror's Name: AKRF, INC. Offeror's Address: 000 Xxxx Xxxxxx Xxxxx, 0xx Xx, Xxx Xxxx, XX 00000 Reporting Entity: D Contractor AKRF, Inc. 0 Subcontractor Subcontractor's name EEO-Job Category Total Work force Workforce by certified Service-Gender Work force by Race/Ethnic Identification Total Male (M) Total Female (F) White (M) (F) Black (M) (F) Native Hispanic Asian American (M) (F) (M) (F) (M) (F) Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economyM) (F) Veteran(F) Technicians 1 1 1 Service Maintenance Workers Skilled Craft Workers Paraprofessionals Protective Service Workers Totals 329 198 131 153 92 6 10 13 8 26 21 1. AGM recognizes Enter the need Solicitation number or RFP number that this report applies to promote along with the employment of service- disabled veterans name and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of AGM contracts. In recognition address of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Contractors are strongly encouraged and expected Offeror. 2. Check off the appropriate box to consider SDVOBs in indicate if the fulfillment of Offeror completing the requirements of report is the Contractcontractor or a subcontractor. 3. Such participation may be as subcontractors Check off the appropriate box to indicate if the work force being reported is just for the contract or suppliers, as protégés, or in other partnering or supporting rolesthe Offerors’ total workforce.

Liquidated Damages - MWBE Participation. A. Where the Department Trust determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department Trust liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling that is no greater than the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the AgreementContract. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the DepartmentTrust, the Contractor shall pay such liquidated damages to the Department Trust within sixty (60) days after they are assessed. Provided, ; provided however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICEM/WBE EEO (1) Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations. (2) Request a list of State-DISABLED VETERAN-OWNED BUSINESSES Article 17-B certified M/WBEs from the Trust and solicit bids from them directly. (3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs.‌ (4) Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation. (5) Document and maintain records of bid solicitation, including those to M/WBEs and the New York State Executive Law provides results thereof. The Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals.‌ (6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, and that, if legally permissible, bonding and other credit requirements are waived or appropriate alternatives developed to encourage M/WBE participation. (a) This organization will not discriminate against any employee or applicant for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”)employment because of race, thereby further integrating such businesses into New York State’s economy. AGM recognizes the need to promote the employment creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of service- disabled veterans and affirmative action to ensure that certified service-disabled veteran-owned businesses have minority group members are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on state contracts. (b) This organization shall state in all solicitation or advertisements for maximum feasible participation employees that in the performance of AGM contracts. In recognition the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the service contracting agency, this organization shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Contractors are strongly encouraged and expected to consider SDVOBs that such union or representative will affirmatively cooperate in the fulfillment implementation of this organization’s obligations herein. (d) The Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non- discrimination provisions. The Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting rolesHuman Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

Liquidated Damages - MWBE Participation. A. Where the Department OPWDD determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department OPWDD liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the AgreementContract. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Department, OPWDD the Contractor shall pay such liquidated damages to the Department OPWDD within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESSES Article 17-B of M /WBE AND EEO POLICY STATEMENT By signing this contract, the awardee/contractor/organization agrees to adopt the following policies with respect to the project/program/product being developed or services rendered at the New York State Executive Law provides Office for more meaningful People with Developmental Disabilities. This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participations goals set by the State for that area in which the State-funded project is located, by taking the following steps: (1) Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations. (2) Request a list of State-certified M/WBEs from AGENCY and solicit bids from them directly. (3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. (4) Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation. (5) Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof. The Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation in public procurement by certified Service-Disabled Veteran-Owned Businesses goals. (“SDVOBs”)6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, thereby further integrating such businesses into New York State’s economy. AGM recognizes the need and that, if legally permissible, bonding and other credit requirements are waived or appropriate alternatives developed to promote the encourage M/WBE participation. (a) This organization will not discriminate against any employee or applicant for employment because of service- disabled veterans and race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that certified service-disabled veteran-owned businesses have minority group members are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on state contracts. (b) This organization shall state in all solicitation or advertisements for maximum feasible participation employees that in the performance of AGM contracts. In recognition the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the service contracting agency, this organization shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Contractors are strongly encouraged and expected to consider SDVOBs that such union or representative will affirmatively cooperate in the fulfillment implementation of this organization’s obligations herein. (d) The Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non- discrimination provisions. The Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Contract. Such participation may Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. (e) This organization will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as subcontractors or suppliers, as protégés, or to work in other partnering or supporting roles.connection with the State contract NEW YORK STATE Contract Number: Amendment Number:

Liquidated Damages - MWBE Participation. A. Where the Department Agency determines that the General Contractor is not in compliance with the requirements of this Appendix Contract and the General Contractor refuses to comply with such requirements, or if the General Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the General Contractor shall be obligated to pay to the Department Agency liquidated damages. B. Such liquidated damages shall be calculated as follows: In accordance with 5 NYCRR §142.13, General Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and HFA may withhold payment from the General Contractor as liquidated damages. Such liquidated damages shall be an amount equaling equal to the lesser of: (1) ten percent (10%) of the difference between: 1. All between (a) all sums identified for payment to MWBEs had the General Contractor achieved the contractual MWBE goals; and 2. All goals and (b) all sums actually paid to MWBEs for work performed or materials supplied under the Agreementcontract; or (2) $50,000 if the Agency Financing is less than $20 million and $100,000 if the Agency Financing is $20 million or above. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the DepartmentAgency, the General Contractor shall pay such liquidated damages to the Department Agency within sixty (60) days after they are assessed. Providedassessed by the Agency unless prior to the expiration of such sixtieth day, however, that if the General Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, subdivision 8 of section 313 of the Executive Law in which event the liquidated damages shall be payable only if Director renders a decision in favor of the event of a determination adverse Agency. Appendix Form 1 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES – EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT I, , the (awardee/contractor) agree to adopt the following policies with respect to the Contractor project being developed or services rendered at This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participations goals set by the State for that area in which the State-funded project is located, by taking the following the complaint process. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESSES Article 17-B steps: (a) This organization will not discriminate against any employee or applicant for employment because of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”)race, thereby further integrating such businesses into New York State’s economy. AGM recognizes the need to promote the employment creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of service- disabled veterans and affirmative action to ensure that minority group members are afforded equal employment opportunities without (1) Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified serviceMBEs or WBEs, including solicitations to M/WBE contractor associations. (2) Request a list of State-disabled veteran-owned businesses certified M/WBEs from AGENCY and solicit bids from them directly. (3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. (4) Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation. (5) Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof. Contractor will also maintain records of actions that its subcontractors have opportunities taken toward meeting M/WBE contract participation goals. (6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, and that bonding and other credit requirements are waived or appropriate alternatives developed to encourage M/WBE participation. discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on state contracts. (b) This organization shall state in all solicitation or advertisements for maximum feasible participation employees that in the performance of AGM contracts. In recognition the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the service contracting agency, this organization shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Contractors are strongly encouraged and expected to consider SDVOBs that such union or representative will affirmatively cooperate in the fulfillment implementation of this organization’s obligations herein. (d) Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non- discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting rolesHuman Rights Law with regard to non- discrimination on the basis of prior criminal conviction and prior arrest. (e) This organization will include the provisions of sections (a) through

Liquidated Damages - MWBE Participation. A. Where the Department Trust determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department Trust liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling that is no greater than the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the AgreementContract. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the DepartmentTrust, the Contractor shall pay such liquidated damages to the Department Trust within sixty (60) days after they are assessed. Provided, ; provided however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERANMINORITY AND WOMEN-OWNED BUSINESSES Article 17BUSINESS ENTERPRISES – EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT M/WBE EEO (1) Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations. (2) Request a list of State-B certified M/WBEs from the Trust and solicit bids from them directly. (3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. (4) Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation. (5) Document and maintain records of bid solicitation, including those to M/WBEs and the New York State Executive Law provides results thereof. The Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals. (6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, and that, if legally permissible, bonding and other credit requirements are waived or appropriate alternatives developed to encourage M/WBE participation. (a) This organization will not discriminate against any employee or applicant for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”)employment because of race, thereby further integrating such businesses into New York State’s economy. AGM recognizes the need to promote the employment creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of service- disabled veterans and affirmative action to ensure that certified service-disabled veteran-owned businesses have minority group members are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on state contracts. (b) This organization shall state in all solicitation or advertisements for maximum feasible participation employees that in the performance of AGM contracts. In recognition the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the service contracting agency, this organization shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Contractors are strongly encouraged and expected to consider SDVOBs that such union or representative will affirmatively cooperate in the fulfillment implementation of this organization’s obligations herein. (d) The Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non- discrimination provisions. The Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the ContractHuman Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. (e) This organization will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the State contract. Such participation may be as subcontractors or suppliersAgreed to this day of , as protégés, or in other partnering or supporting roles2 By Print: Title: responsible for administering the Minority and Women-Owned Business Enterprises- Equal Employment Opportunity (M/WBE-EEO) program.