AND ACCEPTANCE OF A NEW YORK STATE DIVISION OF HOMELAND SECURITY GRANT FOR SAID CALL RESPONSE SYSTEM

PUBLIC SAFETY COMMITTEE RESOLUTION NO. 2026025 BOND RESOLUTION DATED MARCH 9, 2026. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,086,360 SERIAL BONDS OF THE COUNTY OF DUTCHESS, NEW YORK, TO PAY PART OF THE COST OF THE PURCHASE AND INSTALLATION OF A 911 EMERGENCY CALL RESPONSE SYSTEM, FOR SAID COUNTY, AND ACCEPTANCE OF A NEW YORK STATE DIVISION OF HOMELAND SECURITY GRANT FOR SAID CALL RESPONSE SYSTEM. Legislators VALDES SMITH, ATKINS, MUNN, REDL and RHODES offer the following and move its adoption: WHEREAS, the Department of Emergency Response has advised of a new capital project upgrading the Vesta 911 Calling System, to replace the current outdated system, and WHEREAS, the capital project hereinafter described, as proposed (the "Project"), has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have any significant adverse impact on the environment and WHEREAS, it is now desired to authorize the financing of such capital project and WHEREAS, it is necessary for this Legislature to authorize the establishment of a new capital project account which pertains to this project, and WHEREAS, it is necessary for this Legislature to amend the 2026 Adopted County Budget to accept $1,639,396 in grant funding from the New York State Division of Homeland Security and Emergency Services ("NYS DHS) and provide for the receipt and expenditure of said funds, and to authorize the execution of a grant agreement with NYS DHS, in substantially the same form as attached hereto, as well as execution of any documentation that may be required in furtherance of the above project and grant, NOW THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the County Executive, or her designee, to accept the grant award from the New York State Division of Homeland Security and Emergency Services in connection with the above project and further authorizes and empowers the County Executive, or her designee, to execute said grant agreement, as well as to execute any and all documentation that may be required in furtherance of the above Project and grant, on behalf of the County of Dutchess, and NOW, THEREFORE BE IT FURTHER RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the County Legislature of the County of Dutchess, New York, as follows: Section 1. The purchase and installation of a 911 Emergency Call Response System, for the County of Dutchess, New York, including incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $2,725,756. Section 2. The plan for the financing of such maximum estimated cost shall be as follows: By the issuance of $1,086,360 bonds of said County hereby authorized to be issued Section 3. pursuant to the provisions of the Local Finance Law; and By the application and expenditure of $1,639,396 State aid monies, which expenditure is hereby authorized therefor. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 98 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said County of Dutchess, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from other sources, there shall annually be levied on all the taxable real property of -2- said County, a tax sufficient to pay the principal of, and interest on, such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Commissioner of Finance, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Commissioner of Finance, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Commissioner of Finance, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Commissioner of Finance shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. Such bonds shall be in fully registered form and shall be signed in the name of the County of Dutchess, New York, by the manual or facsimile signature of the Commissioner of Finance and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the County Clerk. Section 8. All other matters, except as provided herein relating to such bonds including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on -3- said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the Commissioner of Finance, providing for the manual countersignature of a fiscal agent or of a designated official of the County, the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Commissioner of Finance. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Commissioner of Finance shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or -4- 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in full in The Poughkeepsie Journal and The Southern Dutchess News, the official newspapers of said County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. * * * * * CA-015-26 LDF/rjw G-0145-B 01/16/2026 Fiscal Impact: See Attached APPROVEL susan serve * SAN OCERING COUNTY EXECUTVE are March 12,2026 STATE OF NEW YORK 38: COUNTY OF DUTCHESS This is to certify that I, the undersigned Clerk of the I egislature of the County of Dutchess, have compared the forgoing resolution with the origina resolution now on file in the office of said clerk, and which was adopted by said Legislature on the _ day of Mach_ 202 and that the same is a true and correct transcript of said original resolution and of the whole thereof. IN WITNESS WIREOR, I have hereunto set my hand and scal of said logsauce this day or rest 2026. -5- Roll Call Sheets District District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie Last Name Valdés Smith Atkins YES District 20 - Red Hook, Tivoli, and Rhinebeck Munn District 3 - LaGrange Polasek District 12 - East Fishkill Metzger District 1 - Town of Poughkeepsie Redl District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie Amoff District 4 - Hyde Park and Town of Poughkeepsie Lawler District 5 - Town of Poughkeepsie Shah District 6 - Town of Poughkeepsie Kaul District 7 - Hyde Park and Pleasant Valley Darrow District 8 - City and Town of Poughkeepsie Brendli District 10 - City of Poughkeepsie Johnson District 11 - Clinton, Pleasant Valley, and Rhinebeck Kearney District 13 - East Fishkill and Wappinger Giles District 14 - Wappinger and Town of Poughkeepsie Winsby District 15 - Wappinger Faust District 17 - Town and Village of Fishkill McHoul District 18 - City of Beacon and Fishkill Rhodes District 19 - North East, Stanford, Pine Plains, Milan & Red Hook Drago District 21 - East Fishkill Caswell District 22 - Beekman and Union Vale District 23 - Pawling, Beekman and East Fishkill Tresca Rolison District 24 - Dover and Pawling J J District 25 - Amenia, Washington, Pleasant Valley & Millbrook г0 UT Resolution: Motion: Atkins/Munn House Alexander Total : 10 Yes Abstentions: NO absent absent absent absent absent No Present: Absent: Vacant: CONSENT AGENDA 2026025 - Bond Resolution Dated March 9, 2026 2026031 - Amending the 2026 Adopted County Budget (Opioid Settlement Fund) 2026032 - Amending the 2026 Adopted County Budget (OSF - Assisted Outpatient Treatment 2026036 - Authorizing Amendment of Funding Under Trade Adjustment Act 2026040 - Acquire Real Property Owned by Obsidian 2026041 - Maintenance Agreement with Town of Amenia and Harlem Valley Rail Trail 2026042 - Persons Required to File and Annual Statement of Financial Disclosure The foregoing resolution was duly put to a vote which resulted as follows: AYES: NOES: ABSENT: This resolution was thereupon declared duly adopted. * * * * * -6- PUBLIC SAFETY CERTIFICATION FORM STATE OF NEW YORK COUNTY OF DUTCHESS ) SS.: ) I, the undersigned Clerk of the County Legislature of the County of Dutchess, New York (the "Issuer"), DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the County Legislature of said County, including the resolution contained therein, held on March 9, 2026, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that said County Legislature consists of 25 members; that the vote on the foregoing resolution was ayes and noes, with members being absent or abstaining from voting. I FURTHER CERTIFY that the foregoing resolution as adopted by said County Legislature was duly approved by the County Executive of said County on _ 2026, in accordance with the provisions of Section 3.03 of the Dutchess County Charter. I FURTHER certify that all members of said Legislature had due notice of said meeting, and that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public, and that I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspaper and/or other news media Date given and that I further duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Legislature this March _ 2026. Clerk, County Legislature (CORPORATE SEAL) -2- LEGAL NOTICE The following entitled bond resolution, a summary of which is published herewith, has been adopted on March 9, 2026, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the County of Dutchess, New York, is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. A complete copy of the resolution summarized herewith is each available for public inspection during regular business hours at the Office of the Clerk of the Legislature for a period of twenty days from the date of publication of this Notice. Dated: Poughkeepsie, New York, March 9, 2026. Is/Julie Shiroishi Clerk, County Legislature RESOLUTION NO. BOND RESOLUTION DATED MARCH 9, 2026. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,086,360 SERIAL BONDS OF THE COUNTY OF DUTCHESS, NEW YORK, TO PAY PART OF THE COST OF THE PURCHASE AND INSTALLATION OF A 911 EMERGENCY CALL RESPONSE SYSTEM, FOR SAID COUNTY, AND ACCEPTANCE OF A NEW YORK STATE DIVISION OF HOMELAND SECURITY GRANT FOR SAID CALL RESPONSE SYSTEM. Specific object or purpose: Period of probable usefulness: Maximum estimated cost: Amount of bonds to be issued: Other monies: SEQRA status: Purchase/installation of a 911 Emergency Call Response System 10 years $2,725,756 $1,086,360 bonds $1,639,396 State aid Type II Action Year 1 2 5 6 7 8 9 10 PRIN O/S $1,086,360 977,724 869,088 760,452 651,816 543,180 434,544 325,908 217,272 108,636 2026 ERS 911 system PRIN PAYMENT $108,636 108,636 108,636 108,636 108,636 108,636 108,636 108,636 108,636 108,636 TOTAL AVG. PER YEAR $1,086,360 $108,636 INTEREST $36,284 32,656 29,028 25,399 21,771 18,142 14,514 10,885 7,257 3,628 $199,564 $19,956 FISCAL IMPACT STATEMENT TOTAL PRINCIPAL $1,086,360 ANTICIPATED INTEREST RATE () TERM 10 YEARS ANTICIPATED FEES: ANTICIPATED ANNUAL COST (PRIN + INT): TOTAL PAYBACK (ANNUAL COST × TERMS): PREPARED BY HEIDI SEELBACH i"' Rate is subject to change based upon a) maket conditions at time of debt issuance and b) term of financing which is dependent upon the structuring of all debt issued when this project is ultimately financed. TOTAL $144,920 141,292 137,664 134,035 130,407 126,778 123,150 119,521 115,893 112,264 $1.285.924 $128,592 3.34% $10,756 $128,592 $1,285,924 APPROPRIATIONS Increase REVENUES Increase H0674 - Vesta 911 System Upgrade H0674.3020.2500.05 H0674.3020.4609 H0674.3020.4670.108 H0674.3020.4401.105 H0674.3020.3900 Other Equipment 5 Year Maint -Service Contracts Subscr & Dues Software Professional Services Consultants Bond Issuing costs $1,296,042 $572,546 $164,350 $682,062 $10,756 $2,725,756 H0674.3020.33890.23 H0674.3020.57100 Other Pub Safety NYS SFY2025 Next Generatior $1,639,396 Serial Bonds $1,086,360 $2,725,756 SUE SERINO COUNTY EXECUTIVE WILLIAM H. BEALE COMMISSIONER DUTCHESS COUNTY GOVERNMENT DEPARTMENT OF EMERGENCY RESPONSE TO: FROM: DATE: RE: MEMORANDUM A. Gregg Pulver, Deputy County Executive William H. Beale, Commissioner, Department of Emergency Response Jim January 15, 2026 RESOLUTION REQUEST TO ESTABLISH AND FUND A CAPITAL PROJECT FOR THE VESTA 911 CALLING SYSTEM FOR THE DUTCHESS COUNTY DEPARTMENT OF EMERGENCY RESPONSE Attached, please find a Resolution Request and Fiscal Impact Statement outlining the System is outdated, with equipment at the end of its lifecycle and no longer under warranty. The total project costs are $2,715,000, of which grant funding will cover approximately 60% of the total cost. The grant funds of $1,639,396 were awarded to Dutchess County Department of Emergency Response by New York State Division of Homeland Security and Emergency Services specifically for Next Generation 911 to enhance public safety operations including strengthening 911 communications infrastructure. The grant monies were awarded after the budget process was finalized. We are requesting $1,075,604 bond funding, supplemented by the awarded grant, to complete the capital project. I am requesting Legislative approval to add these funds to the Department of Emergency Response to establish and fund the capital project. The 911 Vesta phone answering system will enhance NG911 capabilities for Dutchess County's Public Safety Answering Points (PSAP) and our backups. The improvements will benefit the county's residents safety and well-being by providing faster response times, improved accuracy, better call handling and enhanced reliability. Your consideration and approval of this request is greatly appreciated. 392 Creek Road, Poughkeepsie, NY 12601 | (845) 486-2080 | Fax: (845) 486-3998 dutchessny.gov te and mend Security and Emergency Services KATHY HOCHUL Governor JACKIE BRAY Commissioner September 16, 2025 The Honorable Sue Serino Dutchess County Executive County Office Building 22 Market Street, 6th Floor Poughkeepsie, NY 12601 Dear Ms. Serino: I am pleased to announce that Dutchess County has been awarded $1,639, 396 under the New York State SFY2025 Next Generation 911 (NG911) Grant Program that is administered by my agency. It is important to note that this program funding is offered on a one-time basis and allows for State support through grant funding for counties to enhance their public safety operations, including strengthening 911 communication infrastructure. These enhancements are critical in emergency situations to ensure that public safety personnel are prepared as they receive and respond to calls for service. The NG911 program focuses on the overarching goal of increasing statewide capabilities to receive and relay 911 calls in accordance with the current National Emergency Number Association (NENA) i3 standard. This ensures that each county's communication system is capable of receiving emerging types of requests for service and supporting a multijurisdictional response. We made a concerted effort with this program to ensure eligible expenses are 's expansive as possible in an effort to meet the unique emergency communication needs of your county. All projects must directly support advancing your county's NG911 capabilities, as not doing so will impact potential funding initiatives for this crucial initiative in the future. Your participation in this program is another example of the successful partnerships that continues to develop across public safety and emergency services throughout the State. The performance period for the SFY2025 Next Generation 911 (NG911) Grant Program will be five (5) years (September 1, 2025 - August 31, 2030). Expenses that you wish to claim must occur within this period. It is critical that you execute your NG911 projects as soon as possible since NG911 readiness is a critical priority statewide and we want to assure that we are collectively contributing to meeting that objective by spending these grant funds in a timely manner. Our Grants Program Administration staff will work with your designated NG911 point of contact to provide additional administrative guidance and to develop the grant contract. On behalf of Governor Kathy Hochul, the Division of Homeland Security and Emergency Services remains committed to providing outstanding support in the administration of "your public safety first" responder initiatives. Please feel free to contact me if you have any questions, at 518-242-5000, or my Office of Interoperable and Emergency Communications (OIEC) Director, Mark J. Balistreri, at 518-322-4939. Thank you for your cooperation in this public safety endeavor. Sincerely. Apopulin Bry •Jackie Bray Commissioner 1220 Washingion Avenue Bidg 72 Fl : Albany NY 12226 | 519 242 5000 | in dhses ny gov 12/1/25, 10:47 AM STATE AGENCY New York State Division of Homeland Security and Emergency Services 1220 Washington Avenue Building TA Suite 710 Albany, NY 12242 GRANTEE/CONTRACTOR: (Name & Address) Dutchess County 22 Market St Poughkeepsie, NY 12601 FEDERAL TAX IDENTIFICATION NO: 14-8002566 MUNICIPALITY NO: (if applicable) 130100000 000 SFS VENDER NO: 1000002431 DUN & BRADSTREET NO: D3RRGBP2LNQ4 STATUS: Contractor is not a sectarian entry. Contractor is not a not-for-profit organization. CHARITIES REGISTRATION NUMBER: nia (Enter number of Exempt) if "Exempt" is entered above, reason for exemption. n/a Award Contract NYS COMPTROLLER'S NUMBER: C197482 (Contract Number) ORIGINATING AGENCY CODE: 01077 TYPE OF PROGRAMS: SFY2025 NG911 CEDA NUMBER: OHSES NUMBERS: WM25197482 INITIAL CONTRACT PERIOD: FROM 09/01/2025 TO 08/31/2030 FUNDING AMOUNT FOR INITIAL PERIOD: $1,639,396.00 MULTI-YEAR TERM: (if applicable) APPENDIX ATTACHED AND PART OF THIS AGREEMENT _APPENDIX A Standard Clauses required by the Attomey General for all State contracts X APPENDIX A1 Agency-specific Clausas X APPENDIX B Budget X APPENDIX C Payment and Reporting Schedule X APPENDIX Program Workplan and Special Conditions Contractor has has not timely filed with the Attorey General's Charities Bureau all required periodic or annual written reports. _ DHSES-55 Budget Amendment/Grant Exlension Request Other - Cerification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion IN WITNESS THEREOF, the parties hereto have electronically executed or approved this AGREEMENT on the dates of their signatures. NYS Division of Homeland Security and Emergency Services BY: Date: State Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract". GRANTEE: BY: Susan Serino, County Executive Date: 12/01/2025 ATTORNEY GENERAL'S SIGNATURE COMPTROLLER'S SIGNATURE Title: Date: Title: Date: https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 1/43 12/1/25, 10:47 AM Award Contract Project No. NG25-1037-E00 Award Contract Grantee Name Dutchess County Next Generation 911 (NG911) Grant Program 12/01/2025 https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 2/43 12/1/25, 10:47 AM Award Contract Award Contract Project No. NG25-1037-E00 APPENDIX A Next Generation 911 (NG911) Grant Program Grantee Name Dutchess County 12/01/2025 STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party: 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law, if this contract exceeds $50,000 (or $75,000 for State University of New York or City University of New York contracts for goods, services, construction and printing, and $150,000 for State University Health Care Facilities) or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $25,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services, either for itseif or its customer agencies by the Office of General Services Business Services Center, is required when such contracts exceed $85,000. Comptroller's approval of contracts established as centralized contracts through the Office of General Services is required when such contracts exceed $125,000, and when a purchase order or other procurement transaction issued under such centralized contract exceeds $200,000. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the nanufacture. sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be penormed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 3/43 12/1/25, 10:47 AM required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf. B. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979(50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR § 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, the "Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps lo protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee's Federal employer identification number, (ii) the payee's Federal social security number, and/or (iii) the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 4/43 12/1/25, 10:47 AM Award Contract Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR Part 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or fumished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, 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 and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion. upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "(a), (b) and (c)" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods ar services unrelated to this contract; or (i) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the returr hereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing each and every change of address to which service of process can be made. Service by the State to the last know dress shall be sufficient. Contractor will have thirty (30) calendar davs after service hereunder is complete in which 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 5143 12/1/25, 10:47 AM Award Contract of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any govermental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet witt the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in vorther Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland ir accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority- and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business and Technology Development 625 Broadway Albany, New York 12245 Telephone: 518-292-5100 A directory of certified minority- and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue 33rd Floor New York, NY 10017 646-846-7364 email: [email protected] https://ny.newnycontracts.com/FrontEnd/searchcertifieddirectory.asp The Omnibus Procurement Act of 1992 (Chapter 844 of the Laws of 1992, codified in State Finance Law § 139-i and Public Authorities Law § 2879(3)(n)-(p)) requires that by signing this bid proposal or contract, as applicable, Contractors certify tha henever the total bid amount is greater than $1 million: a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises a: suppliers and subcontractors, including certified minority- and women-owned business enterprises, on this project, and ha retained the documentation of these efforts to be provided upon request to the State: (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively, codified in State Finance Law § 165(6) and Public Authorities Law § 2879(5)) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 2023. the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 6/43 12/1/25, 10:47 AM Wyoming, Louisiana and Hawaii. Award Contract 22. COMPLIANCE WITH BREACH NOTIFICATION AND DATA SECURITY LAWS. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law §§ 899-aa and 899-bb and State Technology Law § 208). 3. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined fo urposes of this requirement to include analysis, evaluation, research, training, data processing, computer programmin! 24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined by State Finance notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS To the extent this agreement is a contract as defined by Tax Law § 5-a, if the contractor fails to make the certification required by Tax Law § 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law § 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26. IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance Law § 165-a that it is not on the "Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012" ("Prohibited Entities List") posted at: https://ogs.ny.gov/iran-divestment-act-2012 Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears n the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue sponsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list aft contract award. Ver June 2023 Certified by. - Susan Serino on 12/01/2025 https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContraclAward.isp 7/43 12/1/25, 10:47 AM Award Contract Award Contract Next Generation 911 (NG911) Grant Program Project No. NG25-1037-E00 Grantee Name Dutchess County 12/01/2025 NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES GRANT CONTRACT APPENDIX A-1 The State of New York Contract for grants, including all attachments and appendices (hereinafter referred to as "Contract" or "Agreement", is hereby made by and between the State of New York acting by and through the New York State Division of Homeland Security and Emergency Services (DHSES or State Agency) and the public or private entity (Contractor" or "Subrecipient") identified on the face page hereof (Face Page). WITNESSETH: /HEREAS, the State has the authority to regulate and provide funding for the operation of a program or performance of ervice; and desires to contract with a responsive and responsible Contractor possessing the necessary resources provide such services or work; and WHEREAS, the Contractor is ready, willing and able to provide such services or work and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services or work, as applicable, required pursuant to and in compliance with the terms of the Contract, specifications outlined in the grant solicitation, resulting award, and other associated documents comprising the Agreement. NOW THEREFORE, in consideration of the promises, responsibilities, and covenants herein, the State and the Contractor agree as follows: STANDARD TERMS AND CONDITIONS I. GENERAL PROVISIONS A. Order of Precedence: In the event of a conflict among (i) the terms of the Contract or (ii) between the terms of the contract and the original request for proposal, solicitation document, the program application or other Appendix that was completed and executed by the Contractor in connection with the Contract, the order of precedence is as follows: 1. Appendix A - Standard Clauses for New York State Contracts 1 2. Appendix A-1 3. Modifications to the Face Page 4. Modifications to Appendices B, C and D 5. The Face Page 6. Appendices B, C and D 7. Other attachments, including, but not limited to, the request for proposal or program application The documents above, collectively, comprise the entire Agreement and govern the program for the entirely of the term of the Contract and any resulting renewals. B. Funding: Funding for the term of the Contract Period shall not exceed the amount specified as "Funding Amount for the Initial Period" on the Face Page or as subsequently revised to reflect an approved renewal or cost amendment. Funding for the initial and subsequent periods of the Contract shall not exceed the applicable amounts specified in the applicable Appendix B form (Budget). C. Contract Performance: The Contractor shall perform all services or work, as applicable, and comply with all provisions of the Contract to the satisfaction of the State. The Contractor shall provide services or work, as applicable, and meet the program objectives summarized in Appendix D (Work Plan and Special Conditions) in accordance with the provisions of the Contract, relevant laws, rules and regulations, administrative, program and fiscal guidelines, and where applicable, operating https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReporlContractAward.jsp 8/43 12/1/25, 10:47 AM Award Contract certificate for facilities or licenses for an activity or program. For federally-funded grants, DHSES will conduct an evaluation to determine risks posed by Contractors in managing federal awards. Consistent with 2 CFR §200.332, the results of the evaluation may result in the imposition special conditions to this Contract including but not limited to increased monitoring, suspension of reimbursements and cancellation of the Contract. D. Modifications: Any modifications to this Agreement, including any budgetary changes, must be mutually agreed to in writing by both parties. Modifications may be subject to the approval of the AG and OSC in accordance with Appendix A, Section 3, Comptroller's Approval. A modification that would result in a transfer of funds among program activities or budget cost categories that does not affect the amount, consideration, scope or other terms of such Contract may be subject to the approval of the AG and OSC where the amount of such modification is, as a proportion of the total value of the Contract, equal to or greater than ten percent for contracts of five million dollars or less, or five percent for contracts of more than five million dollars. Modifications that are not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the Contract. E. Severability: Any provision of the Contract that is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, shall be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof; provided, however, that the parties to the Contract shall attempt in good faith to reform the Contract in a manner consistent with the intent of any such ineffective provision for the purpose of carrying out such intent. If any provision is held void, invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. Interpretation: The headings in the Contract are inserted for convenience and reference only and do not modify or restri y of the provisions herein. All personal pronouns used herein shall be considered to be gender neutral. The Contract ha been made under the laws of the State of New York, and the venue for resolving any disputes hereunder shall be in a court of competent jurisdiction of the State of New York. G. Notice: All notices under this Contract, including termination notices, shall be made in writing and directed to the representatives identified herein, or their designees and shall be transmitted : a. by certified or registered United States mail, retum receipt requested; b. by facsimile transmission; c. by personal delivery; d. by expedited delivery service; and/or e. by e-mail. Votice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited deliver service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or e-mail, upon receipt. The parties may, on written notice, designate other individuals as their representatives. Such representatives shall request, oversee, supervise, and accept performance of services provided by the Contractor and shall receive any required submissions. Whenever an action is to be taken, or approval for services given by the Agency, such action or approval may be given only by the representatives designated pursuant to this Section. H. Indemnification: The Contractor shall be solely responsible and answerable in damages for all accidents, incidents, and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Contract. The Contractor shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions, damages and cost of every nature arising out of the provision of services pursuant to I. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the State Agency, or against any county or other local government entity with funds provided under the Contract. The term "litigation" shall include commencing or threatening to commence a lawsuit, joining or threatening to join as a party to ongoing litigation, or requesting any relief from the State of New York, the State Agency, or any county, or other local government entity. The term "regulatory action" shall include commencing or threatening to commence a regulatory proceeding or requesting any regulatory relief from the State of New York, the State Agency, or any county, or other local government entity. J. Partisan Political Activity and Lobbying: Funds provided pursuant to the Contract shall not be used for any partisan political activity, or for activities that attempt to influence legislation or election or defeat of any candidate for public office. K. Reporting Fraud and Abuse: Contractor acknowledges that it has reviewed information on how to prevent, detect, and https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 9/43 12/1/25, 10:47 AM Award Contract report fraud, waste and abuse of public funds, including information about the federal False Claims Act, the New York State False Claims Act and whistleblower protections and will comply with requirements therein. L. Reporting Risks to Performance: If any specific event, conjunction of circumstances, or any occurrence involving the staff, volunteers, directors, officers, subcontractors, or program participants of the Contractor threatens the successful completion of this project, in whole or in part, the Contractor agrees to notify the State Agency within three (3) calendar days of becoming aware of the occurrence describing the occurrence and the risk it poses to performance under the Contract. The Contractor's notice shall include a written description of the event and a recommended solution. Such events may include, but not be limited to, death or serious injury, an arrest or possible criminal activity. M. Federally Funded Grants and Requirements Mandated by Federal Law: All of the specific federal requirements that are applicable to the Contract are identified in Section IV (FEDERALLY FUNDED GRANT REQUIREMENTS) of this Appendix. To the extent that the Contract is funded in whole or part, with federal funds or mandated by Federal laws: (i) the provisions of tho Contract that conflict with Fodoral rulo, Fodoral rogulations, or doral program specific requirements shall not apply and (ii) the Contractor agrees to comply with all applicable Federal rules, regulations and program specific requirements including, but not limited to, those provisions that are set forth in Section IV (FEDERALLY FUNDED GRANT REQUIREMENTS) of this Appendix. To the extent that sectlon IV (FEDERALLY FUNDED GRANT REQUIREMENTS) conflict with any other provisions of the Contract, the federal requirements of Section IV shall supersede all other provisions of the Contract where required. N. The Contractor must meet the program objectives summarized in the Program Work Plan and Special Conditions (Appendix D) to the satisfaction of DHSES in accordance with provisions of the Contract, relevant laws, rules and regulations, administrative and fiscal guidelines and, where applicable, operating certificates for facilities or license for an activity or program. II. TERM, TERMINATION AND SUSPENSION A. Term: The term of the Contract shall be as specified on the Face Page, unless terminated sooner as provided herein. B. Renewal: 1. General Renewal: The Contract may consist of successive periods on the same terms and conditions, as specified within the Contract (a "Simplified Renewal Contract"). Each additional or superseding period shall be on the forms specified by the State and shall be incorporated in the Contract. 2. Renewal Notice to Not-for-Profit Contractors: a. Pursuant to State Finance Law §179-t, if the Contract is with a not-for-profit Contractor and provides for a renewal option, the State shall notify the Contractor of the State's intent to renew or not to renew the Contract no later than ninety (90) nd of the term of the Contract, and (2) thirty (30) calendar days after the necessary appropriation becomes law Votwithstanding the foregoing, in the event that the State is unable to comply with the time frames set forth in this paragrap lue to unusual circumstances beyond the control of the State ("Unusual Circumstances"), no payment of interest shall b lue to the not-for-profit Contractor. For purposes of State Finance Law §179-t, "Unusual Circumstances" shall not mean th (ii) establish a schedule for the implementation of a program or (iv) anticipate any other reasonably foreseeable circumstance. b. Notification to the not-for-profit Contractor of the State's intent to not renew the Contract must be in writing in the form of a letter, with the reason(s) for the non-renewal included. If the State does not provide notice to the not-for-profit Contractor of its intent not to renew the Contract as required in this Section and State Finance Law §179-t, the Contract shall be deemed continued until the date the State provides the necessary notice to the Contractor, in accordance with State Finance Law §179-t. Expenses incurred by the not-for-profit Contractor during such extension shall be reimbursable under the terms of C. Termination: 1. Grounds: a. Mutual Consent: The Contract may be terminated at any time upon mutual written consent of the State and the Contractor. b. Cause: The State may terminate the Contract immediately, upon written notice of termination to the Contractor, if the Contractor fails to comply with any of the terms and conditions of the Contract and/or any applicable laws, rules, regulations, https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 10/43 12/1/25, 10:47 AM Award Contract licies, or procedures. If the termination for cause results from unsatisfactory performance by the Contractor, the value c le work performed by the Contractor prior to termination shall be established by the State c. Non-Responsibility: Upon written notice to the Contractor, and a reasonable opportunity to be heard by the appropriate State officials or staff, this Contract may be terminated by the State at the Contractor's expense where the Contractor is determined by the State to be non-responsible. in such event, the State may complete contractual requirements in any manner the State deems advisable and pursue available legal or equitable remedies for breach. d. Convenience: The State may terminate the Contract in its sole discretion upon thirty (30) calendar days prior written notice. e. Lack of Funds: If for any reason the State or the Federal government terminates or reduces its appropriation to the applicable State Agency or entity entering into the Contract or fails to pay the full amount of the allocation for the operation of one or more programs funded under this Contract, the Contract may be terminated or reduced at the State Agency's discretion. No reduction or termination shall apply to allowable costs already incurred by the Contractor where funds are available to the State Agency for payment of such costs. Upon termination or reduction of the Contract, all remaining funds paid to the Contractor that are not subject to allowable costs already incurred by the Contractor shall be returned to the State Agency. In any event, no liability shall be incurred by the State (including the State Agency) beyond monies available for the purposes of the Contract. The Contractor acknowledges that any funds due to the State Agency or the State of New York because of disallowed expenditures after audit shall be the Contractor's responsibility. Force Majeure: Performance under the Contract may be terminated or suspended by the State immediately upon th currence of a "force maieure" event. For purposes of the Contract. "Force maieure" shall include, but not be limited to natural disasters, war, rebellion, declared pandemics, insurrection, riot, strikes, lockout and any unforeseen circumstances and acts beyond the control of the parties which render the performance of contractual obligations impossible. 2. Effect of Notice and Termination on State's Payment Obligations: Upon receipt of notice of termination provided pursuant to the notice requirements prescribed in this Agreement, the Contractor shall stop work immediately and complete only those specific assignments and/or obligations, if any, cooperate to the fullest respect with any successor consultants and contractors. 3. Effect of Termination Based on Misuse or Conversion of State or Federal Property: Where the Contract is terminated for cause based on Contractor's failure to use some or all of the real property or equipment purchased pursuant to the Contract for the purposes set forth herein, the State may, at its option, require: a. the repayment to the State of any monies previously paid to the Contractor; or b. the return of any real property or equipment purchased under the terms of the Contract; or c. an appropriate combination of clauses (a) and (b) of Section I|(C)(3) herein. Nothing herein shall be intended to limit the State's ability to pursue such other legal or equitable remedies as may be available. D. Suspension: The State may, in its discretion, order the Contractor to suspend performance for a reasonable period of ime. In the event of such suspension, the Contractor shall be given a formal written notice outlining the specific details of uch suspension. Upon issuance of such notice, the Contractor shall comply with the particulars of the notice. The State shall have no obligation to reimburse Contractor's expenses during such suspension period. Activities may resume at such time as the State issues a formal written notice authorizing a resumption of performance under the Contract. III. ADDITIONAL CONTRACTOR OBLIGATIONS, REPRESENTATIONS AND WARRANTIES A. Contractor as an Independent Contractor/Employees: 1. The State and the Contractor agree that the Contractor is an independent contractor and not an employee of the State and may neither hold itself out nor claim to be an officer, employee, or subdivision of the State nor make any claim, demand. or application to or for any right based upon any different status. Notwithstanding the foregoing, the State and the Contractor agree that if the Contractor is a New York Slate municipality, the Contractor shall be permitted to hold itself out, and claim, to be a subdivision of the State. The Contractor shall be solely responsible for the recruitment, hiring, provision of employment https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 11/43 12/1/25, 10:47 AM Award Contract benefits, payment of salaries and management of its project personnel. These functions shall be carried out in accordance with the provisions of the Contract, and all applicable Federal and State laws and regulations. 2. The Contractor warrants that it, its staff, and any and all subcontractors have all the necessary licenses, approvals, and certifications currently required by the laws of any applicable local, state, or Federal government to perform the services or work, as applicable, pursuant to the Contract and/or any subcontract entered into under the Contract. The Contractor further agrees that such required licenses, approvals, and certificates shall be kept in full force and effect during the term of the Contract, or any extension thereof, and to secure any new licenses, approvals, or certificates within the required time frames and/or to require its staff and subcontractors to obtain the requisite licenses, approvals, or certificates. In the event the Contractor, its staff, and/or subcontractors are notified of a denial or revocation of any license, approval, or certification to perform the services or work, as applicable, under the Contract, Contractor shall immediately notify the State. B. Subcontractors: 1. If the Contractor enters into subcontracts for the performance of work pursuant to the Contract, the Contractor shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the State under the Contract. No contractual relationship shall be deemed to exist between the subcontractor and the State. 2. If requested by the State, the Contractor agrees not to enter into any subcontracts, or revisions to subcontracts, that are in excess of $100,000 for the performance of the obligations contained herein until it has received the prior written permission of the State, which shall have the right to review and approve each and every subcontract in excess of $100,000 prior to giving written permission to the Contractor to enter into the subcontract. All agreements between the Contractor and subcontractors shall be by written contract, signed by individuals authorized to bind the parties. All such subcontracts shall contain provisions for specifying (1) that the work performed by the subcontractor must be in accordance with the terms of the Contract, (2) that nothing contained in the subcontract shall impair the rights of the State under the Contract, and (3) that nothing contained in the subcontract, nor under the Contract, shall be deemed to create any contractual relationship between the subcontractor and the State. In addition, subcontracts shall contain any other provisions which are required to be included in subcontracts pursuant to the terms herein. 3. If requested by the State, the Contractor agrees to require the subcontractor to provide to the State the information the State needs to determine whether a proposed subcontractor is a responsible vendor. 4. When a subcontract equals or exceeds $100,000, the subcontractor shall submit a Vendor Responsibility Questionnaire (Questionnaire). 5. If requested by the State, upon the execution of a subcontract, the Contractor shall provide detailed subcontract information (a copy of subcontract will suffice) to the State within fifteen (15) calendar days after execution. The State may request from the Contractor copies of subcontracts between a subcontractor and its subcontractor. 6. The Contractor shall require any and all subcontractors to submit to the Contractor all financial claims for Services or work to DHSES, as applicable, rendered and required supporting documentation and reports as necessary to permit Contractor to meet claim deadlines and documentation requirements as established in Appendix C (Payment and Reporting Schedule). Subcontractors shall be paid by the Contractor on a timely basis after submitting the required reports and vouchers for reimbursement of services or work, as applicable. Subcontractors shall be informed by the Contractor of the possibility of non-payment or rejection by the Contractor of claims that do not contain the required information, and/or are not received by the Contractor by said due date. C. Use of Material, Equipment, or Personnel: 1. The Contractor shall not use materials, equipment, or personnel paid for under the Contract for any activity other thar hose provided for under the Contract, except with the State's prior written permission 2. Any interest accrued on funds paid to the Contractor by the State shall be deemed to be the property of the State and shall either be credited to the State at the close-out of the Contract or, upon the written permission of the State, shall be expended on additional services or work, as applicable, provided for under the Contract. D. Property: 1. For the purposes of the Contract, "Property" is real property, equipment, or tangible personal property having a useful life of more than one year and an acquisition cost of $1,000 or more per unit. For Federally funded contracts, if there is any conflict in the definition of "Property" the federal awarding Agency definitions will apply. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 12/43 12/1/25, 10:47 AM Award Contract the Contractor retaining possession of the Property to use for similar purposes. b. In addition, the Contractor agrees to permit the State to inspect the Property and to monitor its use at reasonable intervals during the Contractor's regular business hours. The Contractor shall be responsible for maintaining and repainng Property purchased or procured under the Contract at i wn cost and expense. The Contractor shall procure and maintain insurance at its own cost and expense in an amour atisfactory to the State Agency, naming the State Agency as an additional insured, covering the loss, theft or destruction c uch equipment. The Contractor may not charge rental or use fees under this Contract for use or acquisition of Property t carry out its obligations under the Contract. d. The State has the right to review and approve in writing any new contract for the purchase of or lease for rental of roperty (Purchase/Lease Contract) operated in connection with the provision of the services or work, as applicable, a specified in the Contract, If applicable, and any modifications, amendments, or extensions of an existing lease or purchase prior to its execution. If, in its discretion, the State disapproves of any Purchase/Lease Contract, then the State shall not be obligated to make any payments for such Property. e. No member, officer, director or employee of the Contractor shall retain or acquire any interest, direct or indirect, in any Property, paid for with funds under the Contract, nor retain any interest, direct or indirect, in such, without full and complete prior disclosure of such interest and the date of acquisition thereof, in writing to the Contractor and the State. 2. For non-Federally-funded contracts, unless otherwise provided herein, the State shall have the following rights to Property purchased with funds provided under the Contract: a. For cost-reimbursable contracts, all right, title and interest in Property with a remaining useful life shall belong to the State ness otherwise agreed to, in writing, by the State and the Contractor. However, upon agreement by the State, title shal lass to Contractor upon the end of the Property's useful life (as the phrase "useful life is defined in Internal Revenue Cod § 1.169-2). b. For performance-based contracts, all right, title and interest in such Property shall belong to the Contractor. . For Federally funded contracts, title to Property whose requisition cost is borne in whole or in part by monies provide nder the Contract shall be governed by the terms and conditions of Section IV (FEDERALLY FUNDED GRAN' REQUIREMENTS) contained herein. 4. The Contractor shall maintain an inventory of all Property that is owned by the State and obtained by the Contractor under this agreement. 5. The Contractor shall execute any documents which the State may reasonably require to effectuate the provisions of this section. E. Records and Audits: 1. General: The Contractor shall establish and maintain, in paper or electronic format, complete and accurate books, record cuments, receipts, accounts, and other evidence directly pertinent to its performance under the Contract (collective Records). b. The Contractor agrees to produce and retain for the balance of the term of the Contract, and for a period of six years from the later of the date of (i) the Contract and (ii) the most recent renewal of the Contract, any and all Records necessary to substantiate upon audit, the proper deposit and expenditure of funds received under the Contract. Such Records may include, but not be limited to, original books of entry (e.g., cash disbursements and cash receipts journal), and the following specific records (as applicable) to substantiate the types of expenditures noted: i. personal service expenditures: cancelled checks and the related bank statements, time and attendance records, payroll journals, cash and check disbursement records including copies of money orders and the like, vouchers and invoices, records of contract labor, any and all records listing payroll and the money value of non-cash advantages provided to employees, time cards, work schedules and logs, employee personal history folders, detailed and general ledgers, sales records, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. ii. payroll taxes and fringe benefits: cancelled checks, copies of related bank statements, cash and check disbursement records including copies of money orders and the like, invoices for fringe benefit expenses, miscellaneous reports and retums (tax and otherwise), and cost allocation plans, if applicable. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 13/43 12/1/25,10:47 AM Award Contract ii. non-personal services expenditures: original invoices/receipts, cancelled checks and related bank statements, consultan! agreements, leases, cost allocation plans, and bid and procurement documentation, such as quotes, proposals ano selection records, if applicable. iv. receipt and deposit of advance and reimbursements: itemized bank stamped deposit slips, and a copy of the related bank statements. C. The OSC, AG and any other person or entity authorized to conduct an examination, as well as the State Agency or State Agencies involved in the Contract that provided funding, shall have access to the Records during the hours of 9:00 a.m. until 5:00 p.m., Monday through Friday (excluding State recognized holidays), at an office of the Contractor within the State of New York or, if no such office is available, al a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. d. The State shall protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records, as exempt under Section 87 of the Public Officers Law, is reasonable. e. Nothing contained herein shall diminish, or in any way adversely affect, the State's rights in connection with its audit and investigatory authority or the State's rights in connection with discovery in any pending or future litigation. 2. Federal Funds: For records and audit provisions governing Federal funds, please see Section IV (FEDERALLY FUNDED GRANT REQUIREMENTS) of this Appendix A-1. F. Confidentiality: 1. Contractor agrees that it will not use confidential, personally identifiable information relating to individuals who may receive services, or proprietary information disclosed to Contractor in connection with the services or work ("Confidential Information"") for any purpose other than in connection with the services or work and in compliance with all applicable provisions of State and federal law. The Contractor is fully responsible for its staff, its subcontractors), and any subcontractor's staff with regard to Confidential Information and shall ensure that they meet all obligations with respect to maintaining the confidentiality and security of any information deemed confidential. 2. Information which falls into any of the following categories shall not be considered Confidential Information: a) information that is previously rightfully known to the Contractor without restriction on disclosure; b) information that becomes, from no breach of the Contract on the part of the Contractor, generally known in the relevant industry, or is otherwise publicly available; and c) information that is independently developed by Contractor without use of the Confidential Information. 3. Except as specifically permitted in this Agreement, Contractor shall not, at any time, in any fashion, form or manner, divulge, disclose, communicate, or use, any Confidential Information other than in connection with the services or as otherwise provided herein. 4. Contractor may disclose Confidential Information if such information is required to be disclosed by Contractor by any law, rule, regulation, judicial or administrative process or applicable professional standards, provided that, to the extent permitted by applicable law or regulation, the Contractor notifies the State prior to any such required disclosure. 5. Contractor agrees that, as between the Parties, all Confidential Information in its possession obtained in connection with the services or work hereunder is at all times the sole property of the State. 6. Where allowable by law and agreed to by the State, Contractor may retain one copy of the Confidential Information and any summaries, analyses, notes, or extracts prepared by Contractor which are based on or contain portions of the Confidential Information evidencing its services or work for the State as required by law, regulation, professional standards, or reasonable business practice. 7. In protecting the Confidential Information, Contractor shall exercise the same standard of care used by Contractor to protect its own confidential and proprietary information, to prevent the disclosure of Confidential Information to any third party. Contractor shall not use Confidential Information for any purpose other than in furtherance of its services or work for the State. G. Publicity: 1. Publicity regarding the work, services, performance, and/or project governed by this Agreement may not be released without prior written approval from the State. For the purposes of this agreement, "Publicity" includes, but is not limited to: news conferences: news releases; public announcements; advertising; brochures; reports; discussions or presentations at conferences or meetings; and/or the inclusion of State materials, the State's name or other such references to the State in https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 14/43 12/1/25, 10:47 AM any document or forum. Award Contract a. Acknowledge the support of the State of New York and, if funded with Federal funds, the applicable Federal funding agency; and b. State that the opinions, results, findings and/or interpretations of data contained therein are the responsibility of the Contractor and do not necessarily represent the opinions, interpretations or policy of the State or if funded with Federal funds, the State and the applicable Federal funding agency. 3. Notwithstanding the above, (i) if the Contractor is an educational research institution, the Contractor may, for scholary or deliverable under the Contract), provided that the Contractor first submits such manuscripts to the State forty-five (45) calendar days prior to submission for consideration by a publisher in order for the State to review the manuscript for compliance with confidentiality requirements and restrictions and to make such other comments as the State deems appropriate. All derivative publications shall follow the same acknowledgments and disclaimer as described in Section I|(G) (2) (Publicity) hereof. H. Web-Based Applications-Accessibility: Any network-based information and applications development, or programming delivered to or by the State pursuant to this Contract or procurement, will comply with Section 508 of the Rehabilitation Act of 1973, as amended, and be consistent with New York State Enterprise IT Policy NYS-P08-005, Accessibility of Information Communication Technology, as such policy may be amended, modified, or superseded (the "Accessibility Policy"). The Accessibility Policy requires that State Entity Information Communication Technology shall be accessible to persons with disabilities as determined by accessibility compliance testing. Such accessibility compliance testing will be conducted by (State Entity name, contractor or other) and any report on the results of such testing must be satisfactory to State Entity. 1. Unemployment Insurance Compliance: The Contractor shall remain current in both its quarterly reporting and payment of contributions or payments in lieu of contributions, as applicable, to the State Unemployment Insurance system as a condition of maintaining this grant. 1. The Contractor hereby authorizes the State Department of Labor to disclose to the State Agency staff only such information as is necessary to determine the Contractor's compliance with the State Unemployment Insurance Law. This includes, but is not limited to, the following: a.) any records of unemployment insurance (UI) contributions, interest, and/or penalty payment arrears or reporting delinquency: b.) any debts owed for Ul contributions, interest, and/or penalties; c.) the history and results of any audit or investigation; and d.) copies of wage reporting information. 2. Such disclosures are protected under Section 537 of the State Labor Law, which makes it a misdemeanor for the recipient of such information to use or disclose the information for any purpose other than the performing due diligence as a part of the approval process for the Contract. J. Charities Registration: If applicable, the Contractor agrees to (i) obtain not-for-profit status, a Federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish the State Agency with this information as soon as it is available, (ii) be in compliance with the OAG charities registration requirements at the time of the awarding of this Contract by the State and (iii) remain incompliance with the OAG charities registration requirements throughout the term of the Contract. K. Vendor Responsibility: https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 15/43 12/1/25, 10:47 AM Award Contract The Contractor hereby acknowledges that the State Vendor Responsibility Questionnaire (Questionnaire) and certification are made part of this Contract and that any misrepresentation of fact in the Questionnaire and attachments, or in any Contractor responsibility information that may be requested by the State, may result in termination of this Contract. The Contractor shall at all times during the contract term remain responsible. During the term of this Contract, any changes in the provided Questionnaire shall be disclosed to the State Agency, in writing in a timely manner. Failure to make such disclosure may result in a determination of non-responsibility and termination of this Contract. Furthermore, the Contractor agrees, if requested by the State, it must present evidence of its continuing legal authority to do business in New York State, its integrity, experence, ability, prior performance, and organizational and tinancial capacity. The State, in its sole discretion, reserves the right to make a final determination of non-responsibility at any time during the term of the Contract, based on any information provided in the Questionnaire and/or any updates, clarifications, or amendments thereof; and/or when it discovers information that calls into question the responsibility of the Contractor. Prior to making a final determination of non-responsibility, the State shall provide written notice to the Contractor that it has made a preliminary determination of non-responsibility. The State shall detail the reason(s) for the preliminary determination, and shall provide the Contractor with an opportunity to be heard. The State reserves the right to suspend any or all activities under this Contract, upon discovery of such information warranting review of responsibility. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspensior order. Contract activity may resume at such time as the State issues a written notice authorizing a resumption of performance under this Contract. L. Workers' Compensation Benefits: 1. In accordance with Section 142 of the State Finance Law, the Contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of the Contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 2. If a Contractor believes they are exempt from the Workers Compensation insurance requirement they must apply for an exemption. M. Participation By Minority Group Members And Women With Respect To Grant Contracts: Requirements And Procedures (state-funded grants only) 1. General Provisions a. The Division of Homeland Security and Emergency Services (DHSES) is required to implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR Parts 142-144 ("MWBE Regulations") for all State contracts as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction. b. The Contractor to the subject contract (the "Contractor" and the "Contract," respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the DHSES, to fully comply and cooperate with the DHSES in the implementation of New York State Executive Law Article 15-A. These requirements include equal employment portunities for minority group members and women ("EE") and contracting opportunities for certified minority ar omen-owned business enterprises ("MWBEs"). Contractor's demonstration of "good faith efforts" pursuant to 5 NYCF 142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, th ondiscrimination provisions required by New York State Executive Law Article 15 (the "Human Rights Law") or othe applicable federal, state or local laws. c. Failure to comply with all of the requirements herein may result in a finding of non-responsiveness, non-responsibility and/or a breach of contract, leading to the withholding of funds or such other actions, liquidated damages pursuant to Section III(M)7 of this Appendix or enforcement proceedings as allowed by the Contract. 2. Contract Goals a. For purposes of this contract, DHSES has established overall goals for Minority and Women-Owned Business Enterprises ('MWBE") participation which are specified in the contract work plan. b. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the Contract Goals established in the contract work plan hereof, Contractor should reference the directory of New York State Certified MBWEs found at the following internet address: https://ny.newnycontracts.com. Additionally, Contractor is encouraged to contact the Division of Minority and Woman Business Development (518) 292-5250; (212) 803-2414; or (716) 846-8200) to discuss additional methods of maximizing participation by MWBEs on the Contract. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 16/43 12/1/25, 10:47 AM Award Contract ound to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such a inding constitutes a breach of contract and the Contractor shall be liable to the DHSES for liquidated or other appropriate damages, as set forth herein. 3. Equal Employment Opportunity (EEO) . Contractor agrees to be bound by the provisions of Article 15-A and the MWBE Regulations promulgated by the Divisio F Minority and Women's Business Development of the Department of Economic Development (the "Division"). If any c these terms or provisions conflict with applicable law or regulations, such laws and regulations shall supersede these requirements. b. Contractor shall comply with the following provisions of Article 15-A: i. Contractor and Subcontractors shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. il. The Contractor shall maintain an EEO policy statement and submit it to the DHSES if requested ill. If Contractor or Subcontractor does not have an existing EEO policy statement, Section 4 below may be used to develop iv. The Contractor's EEO policy statement shall include the following, or similar, language: a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, b) The Contractor shall state in all solicitations or advertisements for employees that, in the performance of the contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. c) The Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein. d) The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection (iv) and Paragraph "e" of this Section 3, which provides for relevant provisions of the Human Rights Law, 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 Contract. c. Staffing Plan To ensure compliance with this Section, the Contractor shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories. Contractors shall complete the Local Assistance MWBE Equal Employment Opportunity Staffing Plan form and submit it as part of their bid or proposal or within a reasonable time, but no later than the time of award of the contract. d. Workforce Employment Utilization Report i. Once a contract has been awarded and during the term of Contract, Contractor is responsible for updating and providing notice to the DHSES of any changes to the previously submitted Local Assistance MWBE Equal Employment Opportunity affing Plan. This information is to be submitted annually or as otherwise required by the DHSES during the term of th antract, for the purpose of reporting the actual workforce utilized in the performance of the contract by the specifie categories listed including ethnic background, gender, and Federal occupational categories. The Local Assistance MWBE Workforce Employment Utilization Report form must be used to report this information. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward./sp 17/43 12/1/25, 10:47 AM Award Contract ii. Separate forms shall be completed by Contractor and any Subcontractor performing work on the Contract. ii. In limited instances, Contractor may not be able to separate out the workforce utilized in the performance of the Contrac from Contractor's and/or subcontractor's total workforce. When a separation can be made, Contractor shall submit the Loca Assistance MWBE Workforce Employment Utilization Report and indicate that the information provided relates to the actual workforce utilized on the Contract. When the workforce to be utilized on the contract cannot be separated out from Contractor's and/or subcontractor's total workforce, Contractor shall submit the Local Assistance MWBE Workforce Employment Utilization Report and indicate that the information provided is Contractor's total workforce during the subject time frame, not limited to work specifically under the contract. e. Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. 4. MWBE Utilization Plan a. The Contractor represents and warrants that Contractor has submitted a Local Assistance MWBE Subcontractor/Supplier non-responsiveness. 5. Waivers the DHSES, upon review of the Local Assistance MWBE Subcontractor/Supplier Utilization Proposal Plan, the Detaile temization Forms or the Local Assistance MWBE Workforce Employment Utilization Report determines that a Contractor 6. MWBE Subcontractor Utilization Quarterly Report Contractor is required to report MWBE Subcontractor utilization, as part of the quarterly claim process, to the DHSES by the last day of the month following the end of each calendar quarter over the term of the Contract documenting the progress made towards achievement of the MWBE goals of the Contract. 7. Liquidated Damages - MWBE Participation 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 Contract. :. In the event a determination has been made which requires the payment of liquidated damages and such identified sum lave not been withheld by the DHSES, Contractor shall pay such liquidated damages to lhe DHSES within sixty (60) day: fter they are assessed by the DHSES unless prior to the expiration of such sixtieth day, the Contractor has filed a complair vith the Director of the Division of Minority and Woman Business Development pursuant to Subdivision 8 of Section 313 o the Executive Law in which event the liquidated damages shall be payable if Director renders a decision in favor of the 8. M/BE AND EEO Policy Statement https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 18/43 12/1/25, 10:47 AM Award Contract a. The Contractor agrees to adopt the following policies or similar policies with respect to the project being developed or services rendered in this contract with the Division of Homeland Security and Emergency Services: M/WBE This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/BE contract participations goals set by the State for that area in which the State-funded praject 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/WEs 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. (a) Where feasie die the went is sang or tear inter are and or the formation (5) Document and maintain records of bid solicitation, including those to MIBEs and the results thereof. 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 bonding and other credit requirements are waived or appropriate alternatives developed to encourage M/WBE participation. EEO (a)iohat origin, sex, agi, disabiy or material status, wil undertake or continue existing programs of a orace are color, ensure that 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 employees that in the performance of 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 contracting agency, this organization shall request each employment agency, labor union, or uthorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marita tatus and that such union or representative will affirmatively cooperate in the implementation of this organization': 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 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 to work in connection with the State contract. Contractor agrees to comply with all MWBE and EEO contract goals reflected on the MWBE Utilization Plan and Staffing Plan respectively, that have been submitted with the application for this contract. N. Additional Terms 1. The Contractor agrees that if the project is not operational within 60 days of the execution date of the Contract, it will implementation date of the project beyond the 90-day period when warranted by extenuating circumstances. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 19/43 12/1/25, 10:47 AM Award Contract 2. DHSES shall make payments and any reconciliation in accordance with the Payment and Reporting Schedule (Appendix c). DisEs shall pay the Contractor for completed, approved projects, a sum not to exceed the amount noted on the Face Page hereof. The Contractor must not request payments or reimbursements that duplicate funding or reimbursement from 3. The Contractor shall submit detailed itemization forms or a form deemed acceptable to DHSES for personal service, fringe benefit and non-personal service expenditures with any voucher and fiscal cost report requesting reimbursement. Grant- related expenditures shall be reported on Fiscal Cost Reports approved by DHSES. For Federally-funded awards, the detailed Itemization forms shall include the required certifications pursuant to 2 CFR §200.415. These reports must be prepared periodically and as defined in Appendix C of this Contract. All reported expenditures must reconcile to the program accounting records and the approved budget. Prior period adjustments shall be reported in the same accounting period that the correction is made. 4. The Contractor's employment of a consultant must be supported by a written Contract executed by the Contractor and the consultant. A consultant is defined as an individual or organization hired by the Contractor for the stated purpose of accomplishing a specific task relative to the funded project. All consultant services must be obtained in a manner that provides for fair and open competition. The Contractor shall retain copies of all solicitations seeking a consultant, written Contracts and documentation justifying the cost and selection of the consultant, and make them available to DHSES upon request. The Contractor further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations se forth in the Contract and the Contractor must guarantee the work of the consultant as if it were its own. Failure to follov these guidelines may result in a disallowance of costs. . Additionally, Contractor must adhere to their own procurement policies and procedures and, at a minimum, the followin uidelines when making all procurements. Failure to follow these guidelines may result in a disallowance of cost a. A Contractor who proposes to purchase goods or services from a particular vendor without competitive bidding must be ir accordance with the guidelines, bulletins and regulations of the Office of the State Comptroller, State Procurement Council, and, for Federally-funded awards, contractor must comply with 2 CFR $200.320(c). b. The rate for consultant services, and cost of equipment or goods, shall be reasonable and consistent with the amount paic for similar services or goods and equipment in the marketplace. Time and effort reports are required for consultants c. Written justification and documentation for all procurements must be maintained on file, and made available to DHSES upon request. All procurements must be made in a fair and open manner and in accordance with the pre-determined nethodology established for evaluating bids (e.g., lowest responsible bidder or best value). d. A Contractor that is a State entity must make all procurements in accordance with State Finance Law Article 11 and any other applicable regulations. e. A Contractor that is a local govemment must make all procurements in accordance with General Municipal Law Article 5- A, and any other applicable regulations. f. A Contractor that is a not-for-profit and all other entities that do not meet the descriptions in Section III (N)(5)(d) or (e) herein must make all procurements as noted below: i. If the Contractor is eligible to purchase an item or service from a government contract or is able to purchase such item or service elsewhere at a lower than or equal price, then such purchase may be made. ii. A Contractor may purchase any single piece of equipment, single service or multiples of each that cost up to $999 at its discretion. . Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $1,000 an 4,999, a Contractor must secure at least three telephone quotes and create a record for audit of such quotes iv. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost of between $5,000 and $9,999, the Contractor must secure at least three written quotes on a vendor's stationery and maintain a record of the competitive procurement process for audit purposes. v. A Contractor spending in aggregate of $10,000 and above must use a competitive bidding process. Guidance may be obtained from DHSES. At a minimum, the competitive bidding process must incorporate the following: open, fair vertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonab adlines; sealed bids opened at one time before a committee who will certify the process; establishment of tr methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 20/43 12/1/25. 10:47 AM Award Contract g. Acceptance of State support for interoperable and emergency communications projects, including funding through the Interoperable Emergency Communication Grant Program, requires that Contractors must use open-standard/vendor-neutral technologies to allow for other public safety/public service agencies (including State agencies and authorities) and jurisdictions in your region to operate on your radio systems) when required, regardless of the total percentage of system unding from the State. This access for other agencies must be permitted to support operational and interoperable goals, an ithout restriction as to specific manufacturers' subscriber equipment. All reasonably compatible subscriber equipment mus be permitted to be operated on your system by outside agencies, thus allowing coordinated efforts between local and state h. DHSES reserves the right to suspend program funds if the Contractor is found to be in noncompliance with the provisions of this Contract or other grant Contracts between the Contractor and DHSES or, if the Contractor or principals of the contractor are under investigation by a New York State or local law enforcement agency for noncompliance with State ol federal laws or regulatory provisions or, if in DHSES' judgment, the services provided by the Contractor under the Contrac are unsatisfactory or untimely. i. DHSES shall provide the Contractor with written notice of noncompliance. ii. Upon the Contractor's failure to correct or comply with the written notice by DHSES, DHSES reserves the right to terminate this Contract, recoup funds and recover any assets purchased with the proceeds of this Contract. i. DHSES reserves the right to use approved grant related expenditures to offset disallowed expenditures from any grant funded through its offices upon appropriate notification to the Contractor, or upon reasonable assurance that the Contractor is not in compliance with these terms. IV. FEDERALLY FUNDED GRANT REQUIREMENTS A. Hatch Act. The Contractor agrees, as a material condition of the Contract, to comply with all applicable provisions of the Hatch Act (5 U.S.C. 1501 et seq.), as amended. B. Requirement for System of Award Management: Unless you are exempted from this requirement under 2 CFR 25.110. you as the subrecipient must maintain the currency of your information in the System of Award Management (SAM) until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Pursuant to section 2 CFR §25.300, Contractors must maintain a current unique entity identifier prior to and during the life of the Contract. Nonprofit organizations that are first-tier subrecipients for Nonprofit Security Grant Program (NSGP) funding must have a unique entity identifier, but are not required to be registered C. In accordance with 2 CFR §§200.112 and 200.113, Contractor understands and agrees that it must: (1) disclose in writing any potential conflict of interest to DHSES; and (2) disclose, in a timely manner, in writing to DHSES all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the grant award. The Contractor shall explain the actual or potential conflict in writing in sufficient detail so that the State contracting agency is able to assess the actual or potential conflict. The Contractor shall provide any additional information necessary for the State contracting agency to fully assess and address the actual or potential conflict of interest. Failure to make required disclosures can result in any remedy available to DHSES for Contractor's noncompliance, including suspension or debarment. D. The Contractor must ensure that, for all contracts entered into by the Contractor, the contract provisions required by 2 CFR §200.327 (and Appendix II to 2 CFR Part 200) are included in such contracts. The Contractor further agrees to impose and enforce this requirement for any Contractor subaward agreements. E. Where advance payments are approved by DHSES, the Contractor agrees to expend the advance payments in accordance with the purposes set forth in Appendix D and consistent with Appendix B. The advanced funds must be placed in an interest-bearing account and are subject to the rules outlined in 2 CFR Part 200, (Uniform Administrative Requirements for Grants and Cooperative Contracts to State and Local Goverments) which require Contractors to promptly remit back to the federal govemment, through New York State Division of Homeland Security and Emergency Services, any interest earned on these advanced funds. The Contractor may keep interest earned up to $500 per federal fiscal year for administrative expenses. This maximum limit is not per award; it is inclusive of all interest earned as the result of all federal grant program funds received per year. Interest must be reported on Fiscal Cost Reports and remitted to DHSES quarterly. F. Audit Requirements. This Contract, and any sub-awards resulting from this Contract, may be subject to fiscal and program audits by DHSES, NYS Office of State Comptroller, pertinent federal agencies, and other designated entities to ascertair financial compliance with federal and/or State laws, regulations, and guidelines applicable to this Contract. The Contractor shall meet all audit requirements of the federal government and State of New York. Such audits may include review of the Contractor's accounting, financial, and reporting practices to determine compliance with the Contract and reporting https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 21/43 12/1/25, 10:47 AM Award Contract 4. Administrative, Cost and Audit Requirements: The Contractor must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. Failure to do so may result in disallowance of costs upon audit. A list of regulations and guidance applicable to United States Department of Homeland Security (DHS) grants are listed below: 1. General Administrative Requirements: a. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2. Cost Principles: a. 2 CFR Part 200, Subpart E 3. Audit Requirements: a. 2 CFR Part 200, Subpart F I. Contracting with small and minority firms, women's business enterprise and labor surplus area firms. 1. Consistent with 2 CFR §200.321, the grantee and any subgrantees will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. 2. Affirmative steps must include: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in subsections (2)(a) through (e) of this section. J. Compliance with Laws, Regulations and Program Guidance. The Contractor shall ensure it is aware of and complies with all applicable laws, regulations and program guidance. It is the responsibility of the Contractor to become familiar with and comply with all terms and conditions associated with acceptance of funds. K. Adequate Documentation: The Contractor must ensure full compliance with all cost documentation requirements, including specific personal service documentation, as applicable directly to the Contractor, sub-recipient or collaborative agency/organization. The Contractor must maintain specific documentation as support for project related personal service expenditures as this Contract is supported by federal funds. Depending upon the nature or extent of personal service provided under this Contract the Contractor shall maintain semi-annual (or more freuent) personal service certifications and/or an after-the-fact personnel activity reporting system (or equivalent) which complies with all applicable laws, regulations and program guidance. Failure to do so may result in disallowance of costs. L. Single Audit Requirements: For audits of fiscal years beginning on or after December 26, 2014, recipients that expend $750,000 or more from all federal funding sources during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the requirements of GAO's Govemment Auditing Standards, located at https://www.gao.gov/topics/auditing-and-financial-management, and the requirements of Subpart F of 2 C.F.R. Part 200, located al http://www.ecfr.gov/cgi-bin/text-idx? https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 22/43 12/1/25, 10:47 AM Award Contract SID=63811dc3410c008e2f8e28c325cdc09e&mc=true&node=sp2.1.200.f&rgn=div6. The final report for such audit must be completed within nine months of the end of the Contractor's fiscal year. The Contractor must provide one copy of such audit report to DHSES within nine (9) months of the end of its fiscal year, or communicate in writing to DHSES that Contractor is exempt from such requirement. /. Program Income: Program income earned by the Contractor during the grant funding Period must be reported in writing to DHSES, in addition to any other statutory reporting requirements. Program income consists of income earned by the gran on grant funds is not considered program income unless specified in Appendix D. The Contractor agrees to report the receipt and expenditures of grant program income to DHSES. Program income (not to include interest earned), generated by the use of these grant funds will be used to enhance the grant project. N. Accounting for Grant Expenditures: 1. Grant funds may be expended only for purposes and activities set forth in this Contract. Accordingly, the most important single requirement of accounting for this grant is the complete and accurate documentation of grant expenditures. If the Contractor receives funding from two or more sources, all necessary steps must be taken to ensure that grant-related transactions are not commingled. This includes, but is not limited to, the establishment of unique budget codes, a separate cost center, or a separate chart of accounts. Expenditures must be cross-referenced to supporting source documents (purchase orders, contracts, real estate leases, invoices, vouchers, timesheets, mileage logs, etc.). .. Contractor agrees that it shall maintain adequate interal controls and adhere to Generally Accepted Accounting rinciples for Government or Generally Accepted Accounting Principles for Not-for-Profit Organizations 3. None of the goals, objectives or tasks, as set forth in Appendix D, shall be sub-awarded to another organization without specific prior written approval by DHSES. Where the intention to make sub-awards is clearly indicated in the application, DHSES approval is deemed given, if these activities are funded, as proposed. 4. If this Contract makes provisions for the Contractor to sub-grant funds to other recipients, the Contractor agrees that all sub-Contractors shall be held accountable by the Contractor for all terms and conditions set forth in this Contract in its entirety. The Contractor further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations sel forth in the Contract and the Contractor must guarantee the work of any sub-Contractor as if it were its own. 5. The Contractor agrees that all sub-Contractor arrangements shall be formalized in writing between the parties involved. The writing must, at a minimum, include the following information: • Activities to be performed; • Time schedule; • Project policies; • Other policies and procedures to be followed; • Dollar limitation of the Contract; • Appendix A-1, Appendix C, Certified Assurances for Federally Supported Projects, Certification Regarding Lobbying, Debarment and Suspension and any special conditions set forth in the Contract; • Applicable federal and/or State cost principles to be used in determining allowable costs; and • Property Records or Equipment inventory Reports. O. The Contractor will not be reimbursed for sub-granted funds unless all expenditures by a sub-Contractor are listed on letailed itemization forms or a form deemed acceptable to DHSES. Backup documentation for such expenditures must be nade available to DHSES upon request. All expenditures must be programmatically consistent with the goals and objective: P. Space rental provided by this Contract must be supported by a written lease, maintained on file and made available by the Contractor upon request. Q. Equipment and Property: 1. Any equipment, furniture or supplies or other property purchased pursuant to this Contract is deemed to be the property of the State, except as may otherwise be governed by federal or State laws, rules or regulations or stated in this Contract. 2. Equipment means tangible, nonexpendable, personal property (including information technology systems) having a usefu life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization leve https://grants.dhses.ny.gov/NYOHS_GMS/Projec//ReportContractAward.jsp 23/43 12/1/25, 10:47 AM Award Contract established by the non-Federal entity for financial statement purposes, or $5,000. A Contractor may use its own definition of equipment provided that such definition would at least include all equipment defined above. A copy of the property record(s) or equipment inventory reports) with relevant purchasing and supporting documentation must be made available to DHSES upon request. Property records or equipment inventory reports must be maintained, by award, that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and cost of the property, percentage of federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. The Contractor must document receipt of all applicable equipment purchased with grant funds. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two (2) years. 3. Upon completion of all contractual requirements by the Contractor, DHSES will consider a request for continued use and possession of the equipment purchased with grant funds provided the equipment continues to be used in connection with a public security program. When disposing of equipment purchased with homeland security grant funding, a State agency must dispose of equipment in accordance with State Laws and procedures. All other Contractors shall dispose of equipment as follows: a. Items of equipment with a current per unit market value of less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. award recipients should contact DHSES at 1-866-837-9133 for guidance. 4. Upon campletion of all contractual requirements by the Contractor under this Contract, DHSES shall accept a request for continued use and possession of the equipment purchased with grant funds providing the equipment continues to be used in accordance with the contracted activities and guidelines in this Contract. 5. The Contractor must conduct a physical inventory of property records at least once every two years to verify the existence, current utilization and continued need for the property. In the event the property is no longer required by the Contractor. this fact should be reported to DHSES as soon as possible and appropriate guidelines followed, as specified in this Appendix. 6. If Contractor disposes of any equipment purchased under this Contract during the active lifespan of said equipment, Contractor must reinvest any proceeds from the disposal into additional equipment items to continue Contractor's organization's activities subject to the guidelines of this Contract. If the Contractor does not reinvest proceeds to continue activities subject to this Contract, the percentage of the proceeds equal to the proportion of the original purchase price paid by funds for the Contract must be repaid to the State of New York. R. Remedies. In the event Contractor fails to observe or perform any term or condition of the agreement, the State may exercise all rights and remedies available to law or in equity. S. Termination for Cause and Convenience. Termination rights of the parties shall be as prescribed in Section lI(C) of the grant agreement. T. Equal Employment Opportunity. (Applicable to contracts for construction work) During the performance of this Agreement the Contractor agrees as follows: a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and skeleton for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 24/43 12/1/25, 10:47 AM Award Contract c) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employmen! because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor legal duty to furnish information. d) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or warkers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f) The Contractor will furnish all information and repotts required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Agreements or federally assisted construction Agreements in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h) The Contractor will include the portion of the sentence immediately preceding paragraph (I) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the administering agency, the Contractor may request the United State to enter into such litigation to protect the interests of the United States. The authorized user further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the authorized user so articipating is the State or local government, the above equal opportunity clause is not applicable to any agency nstrumentality or subdivision of such aovernment which does not particioate in work on or under the Agreement The authorized user agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the equal opportunity clause and the rules. regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The authorized user further agrees that it will refrain from entering into any Agreement or Agreement modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government Agreements and federally assisted construction Agreements pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part il, Subpart D of the Executive Order. In addition, the authorized user agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (Agreement, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. U. Davis-Bacon Act. (Applicable to contracts for construction work) https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 25/43 12/1/25, 10:47 AM Award Contract The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $ 2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): 1) Minimum wages. i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Acl (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis- Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2) The classification is utilized in the area by the construction industry; and 3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for tringe benetits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. ili) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 26|43 12/1/25, 10:47 AM Award Contract iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2) Withholding. The (write in name of Federal Agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3) Payrolls and basic records. i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1) (iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the ontractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance vith prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). B) Each payroll submitted shall be accompanied by a "Statement of Compliance." signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the 1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; 2) That each laborer or mechanic (including each helper, apprentice, and traine) employed on the contract during the https://granls.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 27/43 12/1/25, 10:47 AM Award Contract payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; 3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. ili) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4) Apprentices and trainees - i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress. expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training. Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the wark performed until an acceptable program is approved. ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 28/43 12/1/25,10:47 AM Award Contract than the applicable predetermined rate for the work performed until an acceptable program is approved. i gual ploymen ual eruly the opinion requentes or yes and order an as artier anal i are 5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a) (1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contrac clauses in 29 CFR 5.5. 7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10) Certification of eligibility. i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Govemment contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. Capeland "Anti-Kickback" Act (Applicable to contracts for construction work greater than $2,000) Contractor. The contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. W. Contract Work Hours and Safety Standards Act (Applicable to contracts greater than $100,000 and mechanics or laborers) 1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shail require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 29/43 12/1/25, 10:47 AM Award Contract 3) Withholding for unpaid wages and liquidated damages. DHSES shall upon its own action or upon written request of ar uthorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable or account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities o such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. 4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (bX1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. X. Clean Air Act and The Federal Water Pollution Control Act. (Applicable to all contracts in excess of $150,000) Clean Air Act a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et, seq. b) The Contractor agrees to report each violation to the State of New York and understands and agrees that the State of New York will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act a) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33u.s.c. 1251 et seq. b) The Contractor agrees to report each violation to the State of New York and understands and agrees that the State of New York will, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Y. Debarment and Suspension. (Applicable to contracts greater than $25,000) a) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). so 2 R 180 all or agained b) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. c) This certification is a material representation of fact relied upon by the State of New York. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of New York, the Federal Goverment may pursue available remedies, including but not limited to suspension and/or debarment. d) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any Agreement that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Z. Byrd Anti-Lobbying Amendment. (Applicable to contracts greater than $100,000) Byrd Anti-Lobbying Amendment, 31 US.C. § 1352 (as amended) Contractors that apply or bid for an award of $100,000 or more must file the required certifications. Each tier certifies to the ier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or ar https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 30/43 12/1/25, 10:47 AM Award Contract employee of a Member of Congress in connection with obtaining any Federal Agreement, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. AA. Procurement of Recovered Materials. (Applicable where work involves the use of materials and the contract value is over $10,000) a) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired - i. Competitively within a time frame providing for compliance with the Agreement performance schedule ii. Meeting agreement performance requirements; or iii. At a reasonable price. b) Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement- guideline-cpg-program. c) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal BB. Prohibition on Contracting for Covered Telecommunications Equipment or Services a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause.-.. b) Prohibitions. 1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities fo national security reasons. 2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as ubstantial or essential component of any system, or as critical technology of any systen Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covere lecommunications equipment or services as a substantial or essential component of any system, or as critical technolog of any system; ili) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. c) Exceptions. 1) This clause does not prohibit contractors from providing— i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (i) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles 2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 31/43 12/1/25, 10:47 AM d) Reporting requirement. Award Contract 1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essentia! mponent of any system, or as critical technology as part of any system, during contract pertormance, or the contractor tified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragra (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) de (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesal umber); item description; and any readily available information about mitigation actions undertaken or recommende il) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. CC. Domestic Preferences for Procurements Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured aluminum: plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. DD. Access to Records/Retention of Records. a) The Contractor agrees to provide the State of New York, the FEMA Administrator, the Comptroller General of the United tates, or any of their authorized representatives access to any books, documents, papers, and records of the Contracto hich are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcription b) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. c) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the Agreement. d) In compliance with the Disaster Recovery Act of 2018, the State of New York and the Contractor acknowledge and agree that no language in this Agreement is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. e) The Contractor shall establish and maintain complete records, including accurate books, financial records, supporting closeout of FEMA's grant to the State or for the period provided in the FEMA regulations at 2 C.F.R. 200.333-337 or (ii) for six (6) years after the closeout of the Agreement, or, as long as required by state law, whichever may be longer. EE. Federal Debt. The Contractor certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. FF. DHS Seal, Logo, and Flags. The Contractor shall not use the DHS seals), logos, crests, or reproductions of flags or likenesses of DHS agency officials https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 32/43 12/1/25, 10:47 AM without specific FEMA pre-approval. Award Contract GG. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Agreement. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives, including but not limited to the applicable Office of Management and Budget Circulars, which may impact the administration of funds and/or set forth certain cost principles, including the allowability of certain expenses HH. No Obligation by Federal Goverment. The Federal Goverment is not a party to this Agreement and is not subject to any obligations or liabilities to the nonFederal entity, Contractor, or any other party pertaining to any matter resulting from the Agreement. II. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this Agreement. JJ. Affirmative Socioeconomic Steps If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b) (1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. KK. Copyright produced in the performance of this contract, the Contractor will identify such data and grant to the DHSES or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, he Contractor will deliver to DHSES data first produced in the performance of this contract and data required by the contrac but not first produced in the performance of this contract in formats acceptable by DHSES. LL. U.S. Executive Order 13224. Contractor, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. MM. Subcontracting. The Contractor represents to DHSES that all work shall be performed by personnel experienced in the appropriate and applicable profession and areas of expertise, taking into account the nature of the work to be performed under this contract The Contractor must include the contract provisions required by 2 CFR §200.327 (and Appendix Il to 2 CFR Part 200). in every contract issued by it so that such provisions will be binding upon each of its contractors as well as the requirement to flow down such terms to all lower-tiered subcontractors. NN. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government. OO. E.O. 14074 - Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or teritorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing. PP. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 33/43 12/1/25. 10:47 AM Award Contract (1)all iron and steel used in the project are produced in the United States-this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States: (3)all construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or fixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporar caffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does uy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable compute quipment, that are used at or within the finished infrastructure project but are not an integral part of the structure c permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the process for requesting a waiver from these requirements is on the website below. (a)When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1)applying the domestic content procurement preference would be inconsistent with the public interest; (2)the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3)the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office here may be instances where an award qualifies, in whole or in part, for an existing waiver described a ttps://www.fema.gov/grants/policy-guidance/buy-americ he awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that ar ubject to the "Build America, Buy America" provisions. Recipients should refer to the Notice of Funding Opportunity fo further information on the Buy America preference and waiver process. ENDNOTES: 1 To the extent that section IV- Federally Funded Grant Requirements conflict with any other provisions of the Contract, the Federal requirements of Section IV shall supersede all other provisions of the Contract. VER 08/2024 Certified by. - Susan Serino on 12/01/2025 https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 34/43 12/1/25, 10:47 AM Award Contract Award Contract Project No. NG25-1037-E00 Next Generation 911 (NG911) Grant Program Grantee Name Dutchess County 12/01/2025 Budget Summary by Participant Dutchess County Dutchess County Department of Emergency Response - Version 1 # Equipment NENA i3 Compliant Call Handling Equipment (Phone System, CPUs/CPUs monitors, peripheral equipment for workstations/interface hardware and Relates Equipment) 2 Cybersecurity Software and Related Items AEL Number Unit Cost Total Cost Grant Funds Matching Funds N/A 1 $902,500.00 $902,500.00 $902,500.00 $0.00 N/AI 1 [$164,350.00 $164,350.00 $164.350.00 S1.066,850.00 ($1,066,850.00 $0.00 $0.00 All Other Expenses 1| Call Handling Software and Maintenance Services Total Total Project Costs ]Numberl 1 | $572,546.00 $572,546.00 $572,546.00 57254600 7254600 572540 Matching Funds $572.546.00$572,546.00 Total Cost | $1,639,396.00 Grant Funds $1.639,396.00 Matching Funds $0.00 Total Contract Costs Total Cost| 51.639.396.00 Grant Funds $1.639,396.00 Matching Funds $0.00 https://grants.dhses.ny.gov/NYOHS_GMS/Project/ReportContractAward.jsp 35/43 X X X X X X X ABSENT X X X X 11 11 1 2026025 BOND RESOLUTION DATED MARCH 9, 2026. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,086,360 SERIAL BONDS OF THE COUNTY OF DUTCHESS, NEW YORK. TO PAY PART OF THE COST OF THE PURCHASE AND INSTALLATION OF A 911 EMERGENCY CALL RESPONSE SYSTEM, FOR SAID COUNTY, AND ACCEPTANCE OF A NEW YORK STATE DIVISION OF HOMELAND SECURITY GRANT FOR SAID CALL RESPONSE SYSTEM Roll Call Sheets District Last Name YES NO District 16 - Fishkill and Beacon Valdés Smith District 9 - City of Poughkeepsie Atkins District 20 - Red Hook, Tivoli, and Rhinebeck Munn District 3 - LaGrange Polasek District 12 - East Fishkill Metzger District 1 - Town of Poughkeepsie Redl District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie Arnoff District 4 - Hyde Park and Town of Poughkeepsie Lawler District 5 - Town of Poughkeepsie Shah District 6 - Town of Poughkeepsie Kaul District 7 - Hyde Park and Pleasant Valley Darrow District 8 - City and Town of Poughkeepsie Brendli District 10 - City of Poughkeepsie Johnson District 11 - Clinton, Pleasant Valley, and Rhinebeck Kearney District 13 - East Fishkill and Wappinger Giles District 14 - Wappinger and Town of Poughkeepsie Winsby District 15 - Wappinger Faust District 17 - Town and Village of Fishkill McHoul District 18 - City of Beacon and Fishkill Rhodes District 19 - North East, Stanford, Pine Plains, Milan & Red Hook Drago District 21 - East Fishkill Caswell District 22 - Beekman and Union Vale Tresca District 23 - Pawling, Beekman and East Fishkill Rolison District 24 - Dover and Pawling House District 25 - Amenia, Washington, Pleasant Valley & Millbrook Alexander X X X ABSENT X X X X X X X X ABSENT X X X X X X X X X ABSENT ABSENT ABSENT 20 Present: ____ 5 Absent: ____ Vacant: ____ Resolution: ____ Motion: ____ 20 Total : ______ ______ Yes No Abstentions: ____ CONSENT AGENDA: AMEND SOMETHING PREVIOUSLY ADOPTED (JANUARY 20, 2026 BOARD MEETING MINUTES); RESOLUTION 2026025, 031, 032, 036, 040, 041, 042