w2-196 Rev. 0315 Human Resources March 17, 2017 Administration Department of Social Services Samaritan Daytop Village, Inc. : ‘Attn: Doug Apple ee 138-02 Queens Boulevard Briarwood, NY 11435-2647 Steven Banks Commoner RE: Letter Agreement between New York City Department of Homeless Services Martha A. Calhoun ‘General Counsel Vincent Putlo Agency Chit Contracting Officer 160 Greenwich Street New York, NY 10007 929.221 6347 and Samaritan Daytop Village, Inc.; E-PIN 07110P0002071A002 Dear Mr. Apple: The purpose of this Letter Agreement (“Letter”) is to memorialize an agreement between the New York City Department of Homeless Services (“DHS”) and Samaritan Daytop Village, Inc. (“SDV”) regarding the registration and administration of the above-referenced amendment of the above-referenced contract (“Contract”). Except as stated in this Letter, the Contract, amendment and registration package will not be amended or affected in any way. ‘The letter supersedes the letter dated February 4, 2016 between SDV and DHS. The amended letter is necessary as SDV was not able to obtain a loan for the kitchen construction due to the lack of registration for this work, and will take place during the renewal term, in the manner set forth in the schedule attached to this letter. DHS will register an amendment with the New York City Comptroller's Office, in the amount of ten million, five hundred sixty-five thousand, one hundred seventy-six doliars ($10,565,176), not including the cost to construct kitchens for the units included in the Contract, to pay SDV for all services through June 30, 2017. DHS will also proceed with the renewal for a six year term from July 1, 2017 through June 30, 2023, which shall include the costs for the construction of the kitchens. Such renewal shall be submitted to the Comptroller on or about May 15, 2017. SDV will amend the construction timeline in a manner consistent with the attached flowchart, which shall be subject to DHS’ ultimate approval. If the schedule needs to be revised, through no fault of SDV, SDV may submit a revised construction schedule, subject to the approval of DHS. SDV’s overall performance on the Contract has been satisfactory, and DHS will proceed with both the amendment and renewal accordingly. Please indicate your organization’s acceptance of this Letter and i person authorized to do so by your organization sign this Letter in the sp before a notary public and have the latter acknowledge the same yee incent Pullo Comptroller's Off Central imaging Pacity GINAL DateACKNOWLEDGEMENTS; STATE OF NEW YORK) 88: COUNTY OF NEW YORK) Reina Ce [A.C ay On ti QD hay of JY cel 20 17) _, before me personally came sekbonPate tome known and known to me to be ACCO of the DEPARTMENT OF HOMELESS SERVICES of the CITY OF NEW YORK, the person described in and who is duly authorized to execute the foregoing instrument on behalf of the Commissioner, and (s) he acknowledged to me that (s) he executed the same for the purpose therein mentioned. TARY PUBIC saron JaMES-LEONCE ‘Commissioner of Deeds Cay of New York No. 2-13026 Geman New ee Coury Commission Expires May 01, 20, STATE OF ) COUNTY OF ) On this Pray of_March 20.17 , before me personally came tome known to be the 00 of Samaritan Village, Inc. the person described in and who executed the foregoing instrument, and s/he acknowledged to me that shhe executed the same for the purpose therein mentioned, NOTARY PUBLIC ‘Alicia rin MeParane Notary Pui Sate o Now og agiotration wooucaet, uated in Woes Coungy Commision Expos augue 2047Standard Amendment for DHS Families with Children and Adult Family Programs: Shelters (Stand-alone and Clusters) and Homebase Services This Amendment (“Amendment”) dated thisd® “day of MakUX | 2017, between the City of New York, acting through the Department of Homeless’ Services (Department), with offices at 33 Beaver Street, New York, New York 10004 and Samaritan Daytop Village, Inc, (“Contractor”), with offices at 138-02 Queens Boulevard, Briarwood, New York 11435. WITNESSETH WHEREAS, the parties entered into an agreement for the Contractor to operate a shelter for homeless families with children locsted 2 ah Elmhurst, NY for the period of December 6, 2014 through June 30, 2017, (hereinafter referred to as the “Agreement”); and WHEREAS, the Department desires to increase the total contract amount to pay for program enhancements, WHEREAS, the Department has determined there has been an increase to fixed costs funded pursuant to the Agreement and that the Department will reimburse the Contractor for such increases to the extent set forth in this Amendment. WHEREAS, this Amendment is to complete registration of the total amount of the Agreement through the end date of the term. WHEREAS, DHS affirms to renew this contract for a full six year term through June 30, 2023, effective upon registration pursuant to New York City Charter Section 328, NOW THEREFORE, the parties agree to as follows: 1. Except as modified herein all of the tetms, conditions and covenants of the ‘Agreement shall remain in full force and effect. 2. The Contractor shall be paid the amounts, not to exceed, for additional services and costs as follows: $2,539,625 for personnel services. {$2,639,574 for other than personnel services. $440,231 for administrative overhead, $4,818,178 for rent $127,568 for debt services associated with start-up costs. ‘A more detailed description of each item listed above can be located on the budget, which is attached hereto as Exhibit A.Standard Amendment for DHS Families with Children and Adult Family Programs: Shelters (Stand-alone and Clusters) and Homebase Services 3. The total contract amount is hereby increased by $10,565,176 from $15,866,378 to $ 26,431,554. Payment shall be made in accordance with the Budget, a copy of which is attached hereto and made a part hereof as Exhibit A. 4, Enhanced Maintenance Provisions. The Parties will adhere to the following Enhanced Maintenance provisions, for all housing contracts contemplated by this Modification Agreement, to ensure that the Department and the City have the ability to enforce habitability requirements. ‘These Enhanced Maintenance Provisions shall replace the existing Article XIII of Appendix B (For Contracts which Pre-Date the Standard Human Services Agreement: “Building Management”) of the Agreement in its entirety. ARTICLE XIIN[2(0)] — ENVIRONMENTAL STANDARDS, Section 13.01 Environmental Standards. The Contractor shall ensure that each location containing designated Shelter Units which may be in one entire Building, in multiple Buildings, or in a portion of a Building (“Facility”), is in compliance with the environmental standards set forth in all applicable provisions of this Agreement, Department Policies, and Part 900 Regulations, including §900.5, §900.11 and {$900.12 of those Regulations. ‘A. An appropriate Unit shall be provided to each Family referred to each Facility. The Contractor shall provide minimum furnishings for each Unit in accordance with § 900.12 of the Part 900 Regulations. Minimum furnishings shall include one (1) bed per person, crib (as necessary), laps, bureau, locker or similar secured container, table and chairs. B. Staff shall conduct health and safety inspections of all Family units bi-weekly, except Staff shall conduct weekly inspections of the units of Families with newborns and/ or open ACS cases. Staff shall maintain documentation indicating their compliance with this subsection B of Section 13.01 of Appendix B, including findings and corrective action taken, subject to inspection by the Department. Section 13.02 Use of Space. Space in each Facility shall be used exclusively for the purposes set forth in this Agreement. Section 13.03 Operation and Maintenance. The Contractor shall operate and maintain each Facility in accordance with all applicable provisions of this Agreement, Department Policies, Part 900 Regulations, including § 900.12 of those Regulations, and all other applicable Laws.Standard Amendment for DHS Families with Children and Adult Family Programs: Shelters (Stand-alone ‘and Clusters) and Homebase Services ‘A. Hiring of Superintenden/Maintenance Staff. The Contractor shall hire a qualified superintendent and maintenance staff for each Facility ‘who have a satisfactory knowledge of building maintenance and meet, the Department's experience requirements. 1. The Superintendent hired by the Contractor must have five (5) years of experience working at buildings of similar size to the Facilities. The Department reserves the right to review the qualifications of candidates selected by the Contractor for the Superintendent position. The Contractor shall submit the resumes of at least five (5) potential Superintendent candidates to the Department for review. The Department shall notify the Contractor if the proposed candidates for Superintendent are acceptable within two (2) weeks of the submission, 2. Bach individual hired by the Contractor as part of its maintenance staff must possess a general knowledge of building repair and maintenance, including, but not limited to, maintenance and repair of building systems (eg., electric, HVAC, and fire safety) and the maintenance and repair of interior building components (e.g, carpentry, masonry, and tile repair) 3. The Contractor shall ensure that the Superintendent, along with all building maintenance staff, maintain all applicable licenses and certificates. The Contractor shall retain copies ofall licenses and certificates for Superintendent and maintenance staff, and make these records available for the Department to review. B. Property Management Plan. ‘The Contractor shall submit a draft Property Management Plan to the Department within 30 days after registration of this Agreement. The Plan shall outline the Contractor's strategy for handling routine ‘maintenance and emergency repairs; set forth a schedule for inspections and preventive maintenance; and describe how the Contractor shall meet its responsibilities and obligations described in this Section 13.03 of Appendix B. The Plan must describe: (i) procedures for inspecting, and ‘maintenance of all areas of each Facility on a regular basis; how the Contractor will comply with the applicable legal standards for inspections and maintenance of the various building systems, along with any additional standards as may be issued by the Department; (ii) how the Contractor will handle client complaints made directly to Facility staff; and (iv) how the Contractor will handle client complaints made to the City’s shelter resident complaint hotline. If any Facility is in a leased building, the Contractor shall describe how it will coordinate ‘maintenance and repair obligations with the Landlord. The Plan must also describe how the Contractor will develop an auditable system forStandard Amendment for DHS Families with Children and Adult Family Programs: Shelters (Stand-alone ‘and Clusters) and Homebase Services recording and tracking all inspection, maintenance and repairs performed at each Facility. The Plan shall be deemed to be in full force and effect, ‘upon approval from the Department. The Plan shall serve as the binding, direction for the Contractor's maintenance of each Facility. The Department may reject the Plan, in which case the Contractor shall resubmit the Plan within ten (10) business days. Any changes to the Plan ‘must conform to all requirements as set forth in this subsection B of Section 13.03 of Appendix B, including resubmission and approval of the Plan. Contractor’s failure to submit or obtain an approved Property Management Plan within the prescribed deadline shall constitute a Category 2 Deficiency for which the Contractor may be subject to enforcement pursuant to the Department's Shelter Inspection Procedure 15-210, as amended (the “Procedure”), Section 13.03 (D) of the Agreement, and all remedies enumerated in the Agreement and permitted under the governing law. C. Maintenance/Repair Obligations. 1. The Contractor shall be responsible for the preventative, daily, corrective, interior, and emergency maintenance and repair of each Building, as well as exterior and structural repair and maintenance if Contractor occupies the Facility under a lease where the Contractor has assumed a portion of the Landlord’s operating costs, and bears the responsibility of exterior and structural repair and maintenance (a “Net Lease"). The Contractor's obligations in this regard include, but are not limited to: the maintenance of all mechanical systems (including HVAC, boiler, hot water, emergency generator, elevator and fire safety) and the interior and exterior building components, including general plumbing, carpentry, electric, window screens, window glass, non-capital masonry, tile repair, door alarms, locks, grounds, equipment, and furnishings. 2. In the event the Contractor leases any Facility space, the Contractor shall be responsible for al of the above maintenance and repair obligations to the extent responsibility is so allocated under its lease. The Contractor shall also exercise all available remedies available under the lease for each Facility to ensure its Landlord complies with all Landlord repair and maintenance obligations. 3. The Contractor shall comply with and correct any deficiency (“Deficiency”), as defined in the Department's Shelter Inspection Procedure Number 15-210, as amended (“Procedure”), within the specified deadlines. 4, The Contractor shall only pay for repairs necessitated by client vandalism to the extent the vandalism was the result of the Contractor's negligent supervision of the Clients. Repairs necessitated by clientStandard Amendment for DHS Families with Children and Adult Family Programs: Shelters (Stand-alone ‘and Clusters) and Homebase Services vandalism and not the result of the Contractor's negligent supervision of, the Clients will be completed by the Contractor in accordance with this Article XIII and funded by the Department. 5. The Contractor shall be responsible for curing all violations issued against any Facility. The Contractor shall immediately, notify the Department of any such violations. The Contractor shall prepare and submit corrective action plan for curing capital and non-capital violations, including time frames for curing these violations, and written notice once these violations have been cured, in accordance with all applicable laws and the Procedure. The corrective action plan must be submitted to the Department in a time and manner to be determined by the Department. 6. The Contractor shall consult with, and receive written approval from the Department before initiating any structural changes, including renovations and room reconfigurations, divisions or change in use. 7. Violations shall be considered Deficiencies for purposes of enforcement. D. Liquidated Damages 1. Liquidated damages may be discharged, at the Department's option, as deductions against any pending invoice of the Contractor, under this ‘Agreement. All such amounts that are not so deducted will be paid forthwith to the Department by the Contractor, upon written demand. Liquidated damages are not penalties against the Contractor and are in addition to all other remedies allowed under the Agreement or otherwise bylaw. 2. For each day that the Contractor fails to correct a Category I Deficiency within the prescribed 24 hour deadline, the Department may assess liquidated damages in the amount of one hundred twenty five dollars ($125.00) per day. 3. For each day that the Contractor fails to correct a Category 2 Deficiency within the prescribed 30 day deadline, the Department may assess liquidated damages in the amount of fifty dollars ($50.00) per day. 4. For each day that the Contractor fails to correct a Category 3 Deficiency within the prescribed 60 day deadline, the Department may assess liquidated damages in the amount of twenty-five dollars ($25.00) per day.Standard Amendment for DHS Families with Children and Adult Family Programs: Shelters (Stand-alone and Clusters) and Homebase Services 5. This Section shall apply, except in the case of delays result from Acts of God, natural disaster or-declaration of war. E, Contractor Authorization for Department Repairs 1, The Contractor hereby authorizes the Department to use Department resources, including, but not limited to Department contractors, to correct any Deficiency if the Contractor does not, or is unable to, correct the Deficiency within the applicable deadline. This remedy is in addition to, and not in lieu of, ny other remedies the Department may have under this Agreement or law, The Contractor agrees to not hold the Department and the City of New York liable for any consequential damages arising from any repairs performed by the Department. 2. Inthe event the Contractor leases any Facility, the Contractor shall include in its lease for the Facility a provision allowing the Department or Department contractors to enter the Facility to correct any Deficiency that the Contractor or its Landlord fails to repair. 7 3. The Contractor shall submit a‘copy of its lease for Department review and approval prior to the execution of this Agreement. The Department will not approve any lease that does not allow the Department to enter the Facility for the purposes of making repairs. 4. The Department will recoup and/or withhold all expenses incurred by the Department in correcting a Deficiency (including, but not limited 1, labor and materials) from funds due or scheduled to become due to the Contractor under this Agreement. F, Recoupment and/or Withholding In the event the Department recoups and/or withholds money in accordance with this Article XIII and the Procedure, the Contractor understands and expressly agrees that any recoupment and/or withholding shall come from funds allocated in the Budget for Administrative Overhead, in the event the Deficiency is the Contractor's responsibility either under its lease for the Facility or due to Contractor's ‘ownership of the Facility. In the event the Deficiency is the responsibility of the landlord under the lease, the recoupment and/or withholding shall come from funds allocated in the Budget for rent. ‘The Contractor is prohibited from using funds in the Budget designated for a purpose other than Administrative Overhead or rent to pay for orStandard Amendment for DHS Families with Children and Adult Family Programs: Shelters (Stand-alone and Clusters) and Homebase Services offset any recoupment and/or withholding by the Department pursuant to this Article XIII. 5. The Agreement is hereby amended by adding the following Riders: a. The Whistleblower Protection Expansion Act Rider as Exhibit B; b. The Paid Sick Leave Law Rider as Exhibit C and c. The Public Assistance Hiring Commitment Rider as Exhibit D. 6. This Modification Agreement is subject to the Rules of Procurement Policy Board of the City of New York (the “Rules”). In the event of a conflict between the said Rules and a provision of the Modification Agreement, the Rules shall take precedent. 7. This Modification Agreement shall be neither binding nor effective unless and until itis registered pursuant to Charter Section 328 of the New York City Charter. The requirement of this Section shall be in addition to, and not in liew of, any approval or authorization otherwise required for this Modification Agreement to be effective, and for the expenditure of City funds. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK,NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES FY 17 ANNUAL REVIEW BUDGET SUMMARY FORM ‘Agency/Provider Samaritan Village, Inc Contract No 20161400482 Program/Facllity Pan Am Boulevard Fiscal Year 07/01 Term of Contract 2/06/14 - 06/30/17 Date 4016 ‘Agency Representative John lammatteo Title VP of Fina ‘Agency Telephone ‘Agency E-mail. john.smmaneo@eamartay | PERSONNEL SERUICES (es) ‘omGINAL BUDGET fres Siar momar = ror. remo secs = 1 rot oes S oe sore ee =. 26 os a = ae Sa. = a =e romors . ae v romrae ome ew sons es roms oven mt san rattan (vee) mem x. oeersenvee morrxnon ms 21 scone 68.) sa cron anor cmestoxe sn st cman try etn ra 1" erie x--) vam SS serons SaaS TS m= area o‘woneane nents} et mene Sve Fenanarn Dey Vege) at Seat up pies s6Pauan ATTACHMENT #28 NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES FY 17 ANNUAL REVIEW LINE ITEM BUDGET FORM - A Page 1- PS Programa: Am Boulevard ‘adsress: 79-00 Gveons Blvd Provider: ‘Samaritan Village, Ine A ProgramiFacilty Type: ‘Adult Famiy Shetior Number of ClentsFamiles: 216 ate: SET Ps FY TT Annual Budget 7 %[aoaitaaton . FIES_—Sotory Tots | “FTES Salary Total —|_verance_| vevance |" needed? pian ovecer oF = w]e sexta sea] —sea7oo] 0 lereton Cooranatr oo o so] 10 ssa” sro] Se7a00] son [enmnarawe asa oo * =| to 780 Sarco] Sarace] sonal sete Admiistton oe | 38 storsto| —starsce] tena] soe: oirecior ot Soci Service 00 2 wl te ‘370000 s70900] _s700 sowol sco weners : ry ry | so fers stoners] estrone] toiv Senor cos Monger oo o =| 20 ew) “Sezac0| ‘Seraco] Sonal Jose warage oo = | 30 Sas steaam| samszco| ova) owsra Spc oo ry | 30 Soom — Stzoac0| Srzo00} soi lereomer spect eo a | to ose — “Staoco| “Seoace| Sona Jeers Coonan oo = Pier Soom Sowa] Seeoco|sorva tot Comet oe we] 0 suimare| guisare| fowel] sone, Jone coe Spent oo ef sa Saaen Gagan | ezaco av sett ce Care certs nt) oe ry ‘200 | zane] row] iver Jreweaton Speciist oo cy wl] o ‘200 ‘2000 S200] “sow - bot Recreation oe fe] 48 ‘zoo | Szate] for} oiver [Sener Smt Superior oo 2 wl so saasc0 ‘sasso0| 543600 ‘sow st Sperar oy o | ao aso stata sow [secur Counscior oo 2 wo) 4s. ‘sz3s0srssao0/ $139000| — ot Secu oe we] ts $133000| 438600] veal] sow: o se] ee * ‘| ‘eso bot alrtenanee fe] oc’ | fe] Sowa] sover [sete vo a | io Sooo sowvet oo sol a0 ‘000 ‘ssa000| lone Sorca veer oo | 30 ‘Hooc ——stzooco}— stz0m| fetta chen a8 we] as Seat] 70000 soe oo wo] as saovwssrs| szoisars| sow Jeno . wove so] aon ss2aot0| —ss24oso] sonal] aor TOTAL eS tasneas| assoc] rowelATTACHMENT #2, NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES Program facility: Date ores FY 17 ANNUAL REVIEW LINE ITEM BUDGET FORM - A Page 2-OTPS caravans Dj su APB ovens eng ats A loses equgmen PuchanRepacmanense Jones entweRepacene ane Purase sera Repaceren nan eer uc Recor Jara Supsien Seton Cnt Suppbsturmre lore Su owas esr Atwre st Tospraton brssoausivees loncoeavone pa Wcetemoc ep oxecty Po) hisotreos Repos eanece [toca Sree vaca Sytem Maintenance [sctiomt uechane! Sytem Contacte TOTAL OTS: [rovaLes,a o1Ps [Administrative Overtead iaacrnentf2A) a Se so] sse00] —sae00] sow | stooo] —seeno| so fo] sznono] ——stoseo] Sano] over So] f2som| —frso00) sown fo] feesre] —Ssesre tow] rover $8,900 ‘s8000] ~wonwe) waiver *| ‘0 seve sera Eso] zoo] sown Sto0%| Stroo00 sown $sco00] —$sige00] sow] ves fo] Seam] Sza0o] sown | stan] rae] tov | Som) eno] tov $] 30m] Samo) sown fo] sara] anne tov] over | so] so | S| seve 2 | sown 0] srzoto]—srzet0] ——fweso1o, ‘a ‘| 0] sow 3] soo] simto| so 2 = so] sow a $| $] sow $0] ssoneas| ssmzeos] Sov 2 2 ‘| sow S| suas]. ssuqees] five} sone, ‘| %| so] sow 2 5o| | soo 2 2 fo] sev 2 | fo] sow Fs) #| $0] rewve} soe, 0] sezrp00] zra00] we} sonra, ‘ea370] eeaaro| wai] wower "00 | ‘sea| save) ‘sie0| ‘s90m| so see] sezseo] few} sore, 2 sons] eave « * sowve| # soa ove] sove,[Rent |AMENOMENTS (Le. PIP, NEW NEED, ETC) |roTAL (without Gebt Service) OPERATING BUDGET lsartue loeb Service Amortization JoRoss amount JAcCRUALS (Max 5% of OHS Funding) JREVENUE (See Atzchment #10) Jons Funowe [Family Per Diem at 6% » ‘| ry | | shane roar] | svar] roses. «| | sa. seater «| sroasrane] srarse] sass.WHISTLEBLOWER PROTECTION EXPANSION ACT RIDER 1, Inaccordance with Local Law Nos. 30-2012 and 33-2012, codified at sect 132 and 12-113 of the New York City Administrative Code, respectively, (@) Contractor 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 Contract to (i) the Commissioner of the Department of Investigation, (ii) a member of the New York City Council, the Publi Advocate, or the Comptroller, or (iii) the City Chief Procurement Officer, ACCO, Agency head, or Commissioner. (b) If any of Contractor's officers or employees believes that he or she has been the subject of an adverse personnel action in violation of subparagraph (a) of paragraph 1 of this rider, he or she shall be entitled to bring a cause of action against Contractor 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, (ji) reinstatement to the position such employee would hhave 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, (©) Contractor shall post @ notice provided by the City in a prominent and accessible place on any site where work pursuant to the Contract is performed that contains information about: (i) 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 Contract; and i) the rights and remedies afforded to its employees under New York City Administrative Code sections 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 Contract. al, (@) For the purposes of this rider, “adverse personnel action” includes di demotion, suspension, disciplinary action, negative performance evaluat 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.(© This rider is applicable to all of Contractor's subcontractors having subcontracts with a value in excess of $100,000; accordingly, Contractor shall include this rider in all subcontracts with a value a value in excess of $100,000. 2. Paragraph | is not applicable to this Contract if it is valued at $100,000 or less. Subparagraphs (a), (b), (d), and (¢) of paragraph 1 are not applicable to this Contract if it was solicited pursuant to a finding of an emergency. Subparagraph (c) of paragraph 1 is neither applicable to this Contract if it was solicited prior to October 18, 2012 nor if it is a renewal of a contract executed prior to October 18, 2012. Loz Law 30 and 3 der 2. ona 1140 AMThe. Sick employees who annually perform more than 80 hours of work in New York City to be provided Jrith paid sick time.’ Contractors ofthe City of New York or of other governmental catities may be required to provide sick time pursuant tothe PSEL, “The PSLL became effective on April 1,2014, and is codified at Title 20, Chapter 8, of the New ‘York City Administrative Code, Tis administered by the City’s Department of Affairs (“DCA”); GA's rules promulgated under the PSLL are codified et Chics of ide 6 of the Rules ofthe City of New York (Rules"), spp Seo comply in al repecte with he PSLL nd the Ras and as amended if {pplicable, in the performance ofthis agreement. Contractor frthe. that sach perfornacec of usetialtem ofthis agreement and tht fie to comply Wit ee eae performance ofthis agreement may result in ts temmination, Contrétor must notify the Agency Chief ing Officer of the City ageney or other entity with whom itis contracting in waitin nan 10) aaa (whether oral or writen) regarding the PSLL involving the Performance ofthis agreement. Additionally, [Ii PSLL is summarized below forte convenience of Contactor. Contactors dvied wo review the PSLL and Rules in their entirety. On the website w/PaidSickl.eave there sreaks tothe PSLL and the associated Rules as well as addtional seg Syth as Frequently Asked Questions, inekeeping tools and model fonns we oePe Bovided atthe greater of te employee's reper howl mate or the minimum wage, “Employers are not required ‘0 provide more than forty howrs of sick time to an employee in any ear, Aaamployée entiled to sick time pursuant tothe PSLL may use sick time for any ofthe following: . . . Such employee's mental illness, physica illness, injury, or health condition or the care of such illness, injury, or condition or such employee's need for medical diagnosis or health emergency; or * such employee's need to care ford child whose school or childcare provider has been closed due to a public health emergency. An employer must not require an employee, asa condition of taking sick time, to search for a employer has not provided its writtea policy, ofnon-compliasce with such a policy. Sick time to which an employee i ended must be paid no Inter than the payday forthe next regular payroll period beginning after the sick time was used. a‘Exemptions and Exceptions Notwithstanding the above, the PSLL does not spply to any ofthe following: * an independent contractor who does not meet the definition of employee under section 190(2) of the New York State Labor Law; * an employee covered by a valid collective bargaining agreemect in effect on April 1, 2014 until the termination of such agreement; : * an employee in the constiuction ot grocery industry covered by a valid collective ining agreement ifthe provisions of the PSLL aré expressly waived in such collective bargaining agreement; $ ansmployee covered by another valid collective barguining agreement if such provisions are expressly waived in such agreement and such agreement provides a benefit ‘comparable to that provided by the PSLL for such employee; . an audiologist, occupational therapist, physica therapist or speech language pathologist ‘who is licensed by the New York State Department of Education and who calls in for ‘Work assignments at will, determines his or her own schedule, hs the ability to reject or Sccept any assignment referred to him or her, and is paid an average hourly wage that is at least four times the federal minimum wage; * an employee in a work study program iunder Section 2753 of Chapter 42 of the United ‘States Code; * an employee whose work is compensated by a qualified scholarship program as that term is défined in the Internal Revenue Code, Section 117 of Chépter 20 of the United States Code; or * participant in a Work Experience Program (WEP) under section 336-c of the New ‘York State Social Services Law. Retaliation Prohibited An employer may not threaten or engage in retaliation against an employee for exéreising or attempting in good faith to exercise any right provided by the PSLL. In addition, an employer ‘may not interfere with any investigation, proceeding, or hearing pursuant to the PSL. Notice of Rights ‘Any person or entity that wilfully violates these notice requiremeis is subject to a civil penalty” in an amount not to exceed fifty dollars for each employee who was not given appropriate notice. Records‘Aa nplover must retain records documenting its compliance with the PSLL fora period oft weitee Yeas, and must allow DCA to acess such ecards infrteranc ofan vestigation telated to an alleged violation ofthe PSLL. : Enforcement and Penalties Upon receiving a complaint alleging a Violation of the PSLL, DCA has the. Tight to investigate such complaint and attempt to resolve it through mediation. Within 30 days of writtenPublic ‘Assistance Hiring Commitment Rider for HRA, DHS, ACS, DYCD, DFTA, DOHMH and SBS A. The Public Assistance Hiring Commitment is an initiative administered by the Human Resources Administration (“HRA”) through its Business Link program, and secks to match employers with qualified job-seekers. For the duration of this Contract, and subject to any qualified exceptions listed in Subsection H below, Contractor shall hire atleast one (1) Public Assistance Recipient CPA Recipient”) for each two hundred fifty thousand dollars ($250,000.00) in annual value of this Contract. If Contractor believes it should be exempted from the requirements of this Rider, Contractor may submit a request for an exemption based on the reasons outlined below in Subsection H. B. Contractor shall hire PA Recipients for employment of at least twenty (20) hours per week for the duration of at least one (1) year. 1. Contractor shall pay hired PA Recipients atleast the legally mandated minimum wage. 2. Contractor may meet the requirements of this Rider through the hiring of PA Recipients by its subcontractors. 3. Positions of employment may be at any site or within any program operated by the Contractor. 4. In the event a PA Recipient hired by a Contractor is not retained for one (1) full year, the Contractor must hire and retain another PA Recipient for the remainder of the year in order to be credited for making one (1) required hire. When the Contractor replaces a hired PA Recipient before one (1) year has passed, this replacement will not count as an additional employee toward fulfilling Contractor's hiring requirement. 5. Contractor shall seek to retain hired PA Recipients beyond the one (1) year requirement of this Rider. In accordance with Subsection H(3) below, if Contractor retains a PA Recipient hired pursuant to this Rider beyond one (1) year, Contractor may qualify for a full or partial exemption of its hiring requirements in the subsequent year. C. Business Link will consult with Contractor to assess Contractor's employment needs and minimum job qualifications, as determined by Contractor. Business Link will make referrals appropriate to those needs. Within ten (10) calendar days of the commencement date and any subsequent anniversary date of the start date of this Contract, the Contractor shall submit (j) all Contract information where the counterparty is HRA, DHS, or ACS; and (ii) contact information for the Contractor's primary human resources contact and his/her supervisor; an organization chart, job titles, duties and qualifications for the last three years of hires in Contractor's organization; and the estimated volume of annual hires. D. Within thirty (30) calendar days of: (i) the commencement date of the Contract; or (ii) the date ofrogram start (e.g., shelter opening), whichever date is later, and any subsequent anniversary date of the commencement date of this Contract, Contractor shall submit an implementation plan detailing how Contractor will meet the hiring requirements of this Rider. If necessary, Contractor ‘may request the assistance of Business Link in developing its implementation plan; however, Contractor must still submit its implementation plan within thirty (30) calendar days of the Contract commencement date and subsequent anniversary dates. If Contractor is determined by HRA, in consultation with the Department, to be in compliance with this Rider during the ‘Previous: Contract year, HRA will notify Contractor that it is not required to submit a new implementation plan, E, Contractor shall send all documentation to: HRA’s Business Link — Contractor Hiring Unit, located at 348 West 34a Street, New York, New York 10001. Documents may also be emailed to the Contractor Hiring Unit of Business Link at businesslink@hra.nyc.gov. Contractor shall submit any additional relevant information within ten (10) calendar days of a request from HRA. In consultation with the Department, HRA will review Contractor's documentation to determine the required number of PA Recipients Contractor shall hire and the allocated timeframe in which to hire these PA Recipients. F. Contractor shall begin instituting the implementation plan within ninety (90) calendar days of the Contract commencement date and shall notify HRA of potential job openings and their minimum job qualifications as determined by Contractor. As other job openings arise, Contractor shall send appropriate listings to HRA for the life of this Contract. Contractor may request the assistance of HRA in identifying potential employees. In such case, HRA will refer PA Recipients who meet Contractor's minimum qualifications as determined by Contractor for employment interviews. G. If Contractor fails to hire the specified number of PA Recipients by the later of either (i) the timeframe mutually agreed upon between HRA and Contractor or (ii) six (6) months from the commencement date; or fails to pay and retain PA Recipients in accordance with the requirements specified above, HRA in consultation with the Department will notify Contractor in writing, indicating what deficiencies are to be remedied, Within ten (10) calendar days of its receipt of this notice, Contractor shall respond to the Department and HRA in writing, and must. include a corrective action plan identifying with specificity the steps Contractor intends to take to remedy any deficiencies identified. HRA will investigate Contractor’s compliance with its corrective action plan and shall inform the Department as to the Contractor’s performance with its CAP. If the identified deficiencies are not addressed to the satisfaction of HRA and the Department, DHS shall assess the agreed upon liquidated damages based on the calculation in Paragraph G(1) for each day and for each PA Recipient not hired or compensated in accordance with the provisions of this Rider. 1. Daily liquidated damages per PA Recipient will be calculated as the quotient of:{(current minimum wage as of the commencement date and any subsequent anniversary date) * 20 hours per week * 52 weeks per year] 365 days 2. The Department retains the option to require Contractor to directly pay to the Department, or to deduct from any payment due or to become due to Contractor, such amount as may be assessed for liquidated damages. H. No later than ten (10) calendar days after the Contract commencement date and, for subsequent years, no later than the subsequent anniversary date of the commencement date of this Contract, Contractor may apply to HRA, for a complete or partial exemption from the requirements of this Rider. Any exemption granted will be effective for one (1) year only. Any application for an exemption must be in the form specified by HRA, accompanied by supporting documentation. 1. Contractor may qualify for a complete exemption if one (1) of the conditions below is. demonstrated: a, The annual Contract amount is less than two hundred fifty thousand dollars. ($250,000.00) in annua! value of personne! costs, excluding fringe benefits and other-than-personal-services (OTPS); b. Contractor’s workforce within New York City is less than twenty (20) employees; ¢. Contractor possesses no vacancies and can demonstrate that no positions are reasonably foreseen to be available within one (1) year of the commencement or anniversary date of this Contract; 4. Contractor is a party to a valid collective bargaining agreement covering all of Contractor's entry-level positions and such agreement limits Contractor toa hiring pool which does not include PA Recipients; or ¢. Complying with the hiring requirements of this Rider in any manner will cause extreme hardship. 2. Contractor may qualify for a partial exemption if one of the conditions below is demonstrated: a. The specified number of PA Recipients to be hired exceeds 10% of Contractor's workforce located within New York City; or ». A valid collective bargaining agreement covers some but not all entry-level positions and limits Contractor to a hiring pool which does not include PA Recipients.3. Beginning with Year 2 of the Contract, Contractor may qualify for either a full or partial exemption from its yearly hiring requirements to the extent that Contractor can demonstrate that it hired the required number of PA Recipients during the previous year and that these hires remain employed by Contractor as of the anniversary date, Contractor shall submit all appropriate documentation when seeking an exemption based on aretained PA Recipient, including, but not limited to: payroll reports, pay stubs, and any other documentation HRA may require. 4. HRA will review Contractor's exemption request and will, in consultation and agreement with the Department, notify Contractor whether its exemption request is approved or denied. If Contractor's request is denied, Contractor shall: (i) within ten (10) calendar days of its receipt of notice from HRA, submit all documentation in accordance with Section C; and ii) within thirty (30) calendar days of its receipt of notice from HRA, submit an implementation plan in accordance with Section D. 1. At the end of each fiscal year, the Contractor Hiring Unit of Business Link will in consultation with the Department, notify Contractor as to whether the hiring requirements were met. Where the Contractor has failed to meet the requirements, Contractor may seek a modification to waive its ‘unmet requirements if Contractor can demonstrate that it has made best efforts to meet the hiring requirements of this Rider. Evidence that Contractor utilized best efforts to meet the hiring requirements of this Rider include, but are not limited to: 1. Contractor contacted Business Link for assistance in identifying potential employees and- cooperated with Business Link to identify possible openings within Contractor's, organization; 2. Contractor made efforts to interview PA Recipients for open positions; documentation of these efforts must include at a minimum: a. The names, addresses, and telephone numbers for each PA Recipient interviewed, and whether they were referred to Contractor by HRA; b. Job description and specifications of the position a PA Recipient was interviewed for; and c. An explanation detailing why any PA Recipients interviewed were rejected for that position.