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STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A and supplement schedules issued by the State Labor finalization of such audit by the State agency, its Department. Furthermore, Contractor and its subcontractors representatives, or the State Comptroller. must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for 10. RECORDS. The Contractor shall establish and maintain overtime pay, as determined by the State Labor Department in complete and accurate books, records, documents, accounts and accordance with the Labor Law. Additionally, effective April other evidence directly pertinent to performance under this 28, 2008, if this is a public work contract covered by Article 8 contract (hereinafter, collectively, the “Records”). The Records of the Labor Law, the Contractor understands and agrees that must be kept for the balance of the calendar year in which they the filing of payrolls in a manner consistent with Subdivision 3- were made and for six (6) additional years thereafter. The State a of Section 220 of the Labor Law shall be a condition precedent Comptroller, the Attorney General and any other person or to payment by the State of any State approved sums due and entity authorized to conduct an examination, as well as the owing for work done upon the project. agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the 7. NON-COLLUSIVE BIDDING CERTIFICATION. In Contractor within the State of New York or, if no such office is accordance with Section 139-d of the State Finance Law, if this available, at a mutually agreeable and reasonable venue within contract was awarded based upon the submission of bids, the State, for the term specified above for the purposes of Contractor affirms, under penalty of perjury, that its bid was inspection, auditing and copying. The State shall take arrived at independently and without collusion aimed at reasonable steps to protect from public disclosure any of the restricting competition. Contractor further affirms that, at the Records which are exempt from disclosure under Section 87 of time Contractor submitted its bid, an authorized and responsible the Public Officers Law (the “Statute”) provided that: (i) the person executed and delivered to the State a non-collusive Contractor shall timely inform an appropriate State official, in bidding certification on Contractor’s behalf. writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of 8. INTERNATIONAL BOYCOTT PROHIBITION. In said records as exempt under the Statute is reasonable. Nothing accordance with Section 220-f of the Labor Law and Section contained herein shall diminish, or in any way adversely affect, 139-h of the State Finance Law, if this contract exceeds $5,000, the State’s right to discovery in any pending or future litigation. the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or 11. IDENTIFYING INFORMATION AND PRIVACY affiliated person, firm, partnership or corporation has NOTIFICATION. (a) Identification Number(s). Every participated, is participating, or shall participate in an invoice or New York State Claim for Payment submitted to a international boycott in violation of the federal Export New York State agency by a payee, for payment for the sale of Administration Act of 1979 (50 USC App. Sections 2401 et goods or services or for transactions (e.g., leases, easements, seq.) or regulations thereunder. If such Contractor, or any of licenses, etc.) related to real or personal property must include the aforesaid affiliates of Contractor, is convicted or is the payee’s identification number. The number is any or all of otherwise found to have violated said laws or regulations upon the following: (i) the payee’s Federal employer identification the final determination of the United States Commerce number, (ii) the payee’s Federal social security number, and/or Department or any other appropriate agency of the United (iii) the payee’s Vendor Identification Number assigned by the States subsequent to the contract’s execution, such contract, Statewide Financial System. Failure to include such number or amendment or modification thereto shall be rendered forfeit and numbers may delay payment. Where the payee does not have void. The Contractor shall so notify the State Comptroller such number or numbers, the payee, on its invoice or Claim for within five (5) business days of such conviction, determination Payment, must give the reason or reasons why the payee does or disposition of appeal (2 NYCRR § 105.4). not have such number or numbers. 9. SET-OFF RIGHTS. The State shall have all of its common (b) Privacy Notification. (1) The authority to request the above law, equitable and statutory rights of set-off. These rights shall personal information from a seller of goods or services or a include, but not be limited to, the State’s option to withhold for lessor of real or personal property, and the authority to maintain the purposes of set-off any moneys due to the Contractor under such information, is found in Section 5 of the State Tax Law. this contract up to any amounts due and owing to the State with Disclosure of this information by the seller or lessor to the State regard to this contract, any other contract with any State is mandatory. The principal purpose for which the information department or agency, including any contract for a term is collected is to enable the State to identify individuals, commencing prior to the term of this contract, plus any amounts businesses and others who have been delinquent in filing tax due and owing to the State for any other reason including, returns or may have understated their tax liabilities and to without limitation, tax delinquencies, fee delinquencies or generally identify persons affected by the taxes administered by monetary penalties relative thereto. The State shall exercise its the Commissioner of Taxation and Finance. The information set-off rights in accordance with normal State practices will be used for tax administration purposes and for any other including, in cases of set-off pursuant to an audit, the purpose authorized by law. (2) The personal information is Contract Number: # Page 4 of 7, Contract for Grants - Appendix A June 2023