P-Acacia Commercial Hotels

EPIN: 07117N0238001R002
2/2023
RENEWAL AGREEMENT

THIS RENEWAL AGREEMENT (“Renewal Agreement”), effective on the date

specified on the Signature Page, between the City of New York, acting through the
Department of Homeless Services (“DHS”), with offices located at 33 Beaver Street, New
York, NY 10004 and Acacia Network Housing, Inc. (“Contractor”) with offices at 300 East
175th Street, Bronx, NY 10457 (collectively, the "Parties").

W I T N E S S E T H:

WHEREAS, the Parties entered into an Agreement (the “Agreement”) whereby the
Contractor agreed to operate temporary emergency shelter for families located at various
commercial hotels, for the period of July 1, 2017 through June 30, 2020, with two (2) three
(3) year renewal options (hereinafter referred to as the “Agreement”); and

WHEREAS, the Department exercised the Agreement’s first renewal option, which
was from July 1, 2020 through June 30, 2023; and

WHEREAS, the Department now desires to exercise the Agreement’s second

renewal option, which is for the period of July 1, 2023 through June 30, 2026; and

WHEREAS, the Department has deemed it necessary to include in the Agreement

an Allowance (as defined below); and

WHEREAS, the Contractor, which has performed satisfactorily, is willing and able
to provide the Services required in accordance with the terms and conditions of this
Renewal Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, terms and

conditions contained herein, the Parties have agreed and do agree as follows:

1. EFFECT OF EXERCISE OF RENEWAL OPTION ON THE

AGREEMENT

Except as modified herein, and as previously modified, all of the terms, covenants,
and conditions of the Agreement shall remain unchanged and remain in full force
and effect.

2. RENEWAL TERM OF PERFORMANCE

Pursuant to Article II, Section 2.02 of the Agreement, DHS hereby exercises its
second renewal option. The renewal term shall be for the period of three (3)
years, from July 1, 2023 through June 30, 2026, unless otherwise terminated
pursuant to the terms of the Renewal Agreement.
P-Acacia Commercial Hotels
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3. RENEWAL TERMS OF PAYMENT

The Contractor agrees to accept, as full payment for all services rendered under this
Renewal Agreement, an amount not-to-exceed five hundred and fifty-five million,
eight hundred and fifteen thousand, five hundred and seventy-six dollars
($555,815,576.00). Payment shall be made at the rate of $474.94 per occupied unit,
per day, as stated in the attached Exhibit A.

4. ALLOWANCE
The total not-to-exceed amount, as specified above, shall include an Allowance in
the amount of $111,163,115 (the “Allowance Amount”), and the following shall
apply:

a) Allowance Amount shall be included in the Budget but retained by the Department
until the conditions set forth in paragraph (b) or (c), as applicable, have been met.
The Allowance can only be used for (i) cost of living increases and indirect rate
increases (the “Rate Increase Purposes”), or (ii) the performance of additional
services, or the purchase of additional equipment or supplies, necessary for the
completion of the services being performed under this Agreement or the
performance of additional services at the direction of the City pursuant to Section
7.03 of the Agreement (the “Services Purposes”). No increase in the Allowance
Amount will be effective unless and until a duly executed written amendment to
this Renewal Agreement increasing the Allowance Amount is registered pursuant
to Charter § 328.

b) At any time during the performance of the services, the Department may determine
that additional services, equipment or supplies are required under this Agreement
and that it is necessary to direct payment from the Allowance for Services Purposes,
up to the full Allowance Amount. If the Department notifies the Contractor in
writing of said determination and said notice includes the proposed purpose for
such payment and a detailed statement of the additional services or purchase of
additional equipment or supplies or which may require the Contractor to itemize
specific information to be included in the determination, such as description of the
need, amount, backup documentation, any additional information reasonably
requested by the Department (the “Allowance Determination”), then the payment
of such portion shall be made in the respective fiscal year when the funding was
allocated and the expenses incurred. The description of the services described in
the Allowance Determination shall be considered to be included in the description
of the services and activities in program areas or programs listed and described in
the Scope of Work attached to the Agreement as Appendix B and the Contractor
shall perform such services in the same manner and under the same terms as the
other services set forth in the Scope of Work.

c) No portion of the Allowance Amount shall be used for Rate Increase Purposes
except as set forth in this paragraph (c). Where Contractor’s industry has
experienced an increase in costs (e.g., salary, wage or fringe benefit cost of living

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P-Acacia Commercial Hotels
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increases, a change in the prevailing or living wage, a renegotiated collective

bargaining agreement, an industry-wide increase in the Producer Price Index
(“PPI”) for fuel or energy), and the Office of Management and Budget (“OMB”) or
another independent agency has determined in writing that the Allowance can be
used for the class of contracts pursuant to which Contractor provides the same or
substantially similar services, the Contractor shall submit back-up documentation
indicating the change in salary or prevailing wage , renegotiation of a collective
bargaining agreement, industry-wide increase or other costs to justify use of the
applicable Allowance Amount. Upon approval by the Department, the Department
shall adjust the Budget to account for the applicable increases in costs to the extent
that such increases have been authorized by the City for contracts within such class
of contracts and to the extent that funds are appropriated for such purposes. The
Contractor acknowledges and agrees that all funds received pursuant to the
procedure set forth herein must be used exclusively for the approved increases and
must provide verifying documentation as is reasonably required by the Department.
Nothing in this paragraph (c) shall prevent the parties to this Agreement from
proceeding pursuant to Section 3.05 of the Renewal Agreement instead of under
this paragraph (c).

5. ADDITIONAL RIDERS
The Agreement is hereby amended by adding the following Riders:

a) the DHS Security Rider, as Exhibit B

b) the Public Assistance Hiring Update, as Exhibit C
c) the Executive Order 64 Rider, as Exhibit D
d) the Indirect Cost Rider, as Exhibit E

6. PROCUREMENT POLICY BOARD RULES

This Renewal Agreement is subject to the Rules of the Procurement Policy Board
of the City of New York (“PPB Rules”). In the event of a conflict between these
rules and a provision of the Renewal Agreement, the Rules shall take precedence.

7. APPROVALS

a) THE CITY OF NEWYORK

This Renewal Agreement shall not become effective or binding unless:

1. Authorized by the Mayor; approved pursuant to the New York City Charter and
Procurement Policy Board Rules for contracts not subject to public letting; and
the Comptroller shall have endorsed his or her certificate that there remains
unexpended and unapplied a balance of the appropriation of funds applicable
hereto sufficient to pay the estimated expense of executing this Renewal

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Agreement; and

2. Approved by the Mayor pursuant to the provisions of Executive Order No. 42,
dated October 9, 1975, in the event the Executive Order requires such approval;
and

3. Certified by the Mayor (Mayor’s Fiscal Committee created pursuant to

Executive Order No. 43, dated October 14, 1975) that performance thereof will
be in accordance with the City’s financial plan.

b) OTHER APPROVALS OR AUTHORIZATIONS

The requirements of this Article shall be in addition to, and not in lieu of, any
approval or authorization otherwise required for this Renewal Agreement to be
effective and for the expenditure of City funds.

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

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P-Acacia Commercial Hotels
EPIN: 07117N0238001R002
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Exhibit A

5
 NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES
Contract Exhibit
BUDGET SUMMARY FORM

Agency/Provider Acacia Housing Network, Inc. Contract No Pending

Program/Facility Commercial Hotels - 1,487 Units Fiscal Year FY24
Address Various Date 1/24/2023
Term of Contract 7/1/2023-6/30/2026 Agency Email

PERSONNEL SERVICES (PS) BUDGET

Administration $2,394,250
Counseling $4,532,808
Child Care (Tier IIs only) $0
Recreation $120,000
Direct Care $9,074,593
Security $6,808,230
Maintenance $0
MVO $247,500
Kitchen $0

TOTAL PERSONNEL SERVICES $23,177,381

FRINGE BENEFITS 26% $6,026,119

TOTAL PS $29,203,500

OTHER THAN PERSONNEL SERVICE

Office Equipment $154,473

Client Supplies and Furniture $1,916,506
Client Transportation $49,368
Client Stipends $0
Utilities $350,200
Office Expenses $1,273,590
Professional Costs $985,131
Maintenance/Repair $73,600
Mechanical System Contracts $0
Food $0
Contracted Security $0
Vehicle Expenses $171,000

TOTAL OTPS $4,973,868

TOTAL PS & OTPS $34,177,368

ADMINISTRATIVE OVERHEAD $90,646,539

RENT $23,393,580

TOTAL $148,217,487

GROSS AMOUNT $148,217,487

PER DIEM $474.94

DHS FUNDING $148,217,487

FUNDING TYPE
DHS DIRECT $148,217,487
ESG $0
DoHMH $0
CITY COUNCIL $0
TOTAL FUNDING $148,217,487

Note: If the Budget Summary Form is not returned with all original signatures within ten (10) days of receipt, DHS will assume your approval of the Annual Review.

APPROVALS:

DHS Program Representative Date

DHS Budget Date

Provider Date
 NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES
Contract Exhibit
BUDGET SUMMARY FORM

Agency/Provider Acacia Housing Network, Inc. Contract No Pending

Program/Facility Commercial Hotels - 1,487 Units Fiscal Year FY25
Address Various Date 1/24/2023
Term of Contract 7/1/2023-6/30/2026 Agency Email

PERSONNEL SERVICES (PS) BUDGET

Administration $2,394,250
Counseling $4,532,808
Child Care (Tier IIs only) $0
Recreation $120,000
Direct Care $9,074,593
Security $6,808,230
Maintenance $0
MVO $247,500
Kitchen $0

TOTAL PERSONNEL SERVICES $23,177,381

FRINGE BENEFITS 26% $6,026,119

TOTAL PS $29,203,500

OTHER THAN PERSONNEL SERVICE

Office Equipment $154,473

Client Supplies and Furniture $1,916,506
Client Transportation $49,368
Client Stipends $0
Utilities $350,200
Office Expenses $1,273,590
Professional Costs $985,131
Maintenance/Repair $73,600
Mechanical System Contracts $0
Food $0
Contracted Security $0
Vehicle Expenses $171,000

TOTAL OTPS $4,973,868

TOTAL PS & OTPS $34,177,368

ADMINISTRATIVE OVERHEAD $90,646,539

RENT $23,393,580

TOTAL $148,217,487

GROSS AMOUNT $148,217,487

PER DIEM $474.94

DHS FUNDING $148,217,487

FUNDING TYPE
DHS DIRECT $148,217,487
ESG $0
DoHMH $0
CITY COUNCIL $0
TOTAL FUNDING $148,217,487

Note: If the Budget Summary Form is not returned with all original signatures within ten (10) days of receipt, DHS will assume your approval of the Annual Review.

APPROVALS:

DHS Program Representative Date

DHS Budget Date

Provider Date
 NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES
Contract Exhibit
BUDGET SUMMARY FORM

Agency/Provider Acacia Housing Network, Inc. Contract No Pending

Program/Facility Commercial Hotels - 1,487 Units Fiscal Year FY26
Address Various Date 1/24/2023
Term of Contract 7/1/2023-6/30/2026 Agency Email

PERSONNEL SERVICES (PS) BUDGET

Administration $2,394,250
Counseling $4,532,808
Child Care (Tier IIs only) $0
Recreation $120,000
Direct Care $9,074,593
Security $6,808,230
Maintenance $0
MVO $247,500
Kitchen $0

TOTAL PERSONNEL SERVICES $23,177,381

FRINGE BENEFITS 26% $6,026,119

TOTAL PS $29,203,500

OTHER THAN PERSONNEL SERVICE

Office Equipment $154,473

Client Supplies and Furniture $1,916,506
Client Transportation $49,368
Client Stipends $0
Utilities $350,200
Office Expenses $1,273,590
Professional Costs $985,131
Maintenance/Repair $73,600
Mechanical System Contracts $0
Food $0
Contracted Security $0
Vehicle Expenses $171,000

TOTAL OTPS $4,973,868

TOTAL PS & OTPS $34,177,368

ADMINISTRATIVE OVERHEAD $90,646,539

RENT $23,393,580

TOTAL $148,217,487

ALLOWANCE $111,163,115

PER DIEM $474.94

GROSS AMOUNT $259,380,602

DHS FUNDING $259,380,602

FUNDING TYPE
DHS DIRECT $259,380,602
ESG $0
DoHMH $0
CITY COUNCIL $0
TOTAL FUNDING $259,380,602

Note: If the Budget Summary Form is not returned with all original signatures within ten (10) days of receipt, DHS will assume your approval of the Annual Review.

APPROVALS:

DHS Program Representative Date

DHS Budget Date

Provider Date
P-Acacia Commercial Hotels
EPIN: 07117N0238001R002
2/2023

Exhibit B

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Draft 4/13/22 --- 4/21/22 Law Edit – 4/25/22 DHS Revisions

RIDER TO DHS CONTRACTED SHELTER CONTRACTS PURSUANT

TO NYC ADMIN CODE § 6-109.1 ESTABLISHING PREVAILING WAGE
REQUIREMENTS FOR SECURITY GUARDS AND FIRE GUARDS AT
CITY CONTRACTED SHELTERS

Section 1. DEFINITIONS.

A. Commissioner. The term “Commissioner” means the Commissioner of the Department.

B. Comptroller. The term “Comptroller” means the Comptroller of the City of New York.

C. Covered Guard. The term “Covered Guard” means a Security Guard or a Fire Guard.

D. Covered Guard Service Company. The term “Covered Guard Service Company”
means a person that has entered into an approved subcontract under this Contract, and
pursuant to such subcontract:
a. provides the services of Fire Guards; or
b. provides Security Services, and is licensed to provide the services of Security
Guards under contract to other entities pursuant to Article 7 of the General
Business Law.

E. Department. The term “Department” means the Department of Homeless Services.

F. Fire Guard. The term “Fire Guard” has the same meaning as provided under Section 202
of the Fire Code.

G. Prevailing Wage. The term “Prevailing Wage” means the rate of wage and supplemental
benefits paid in the locality to workers in the same trade or occupation and determined by
the Comptroller in a manner consistent with the provisions of Section 234 of the Labor
Law.

H. Security Guard. The term “Security Guard” means any unarmed individual with a
current and valid license issued in accordance with Article 7-A of the General Business
Law, authorizing such individual to perform Security Services in the State of New York.

I. Security Services. The term “Security Services” means the unarmed protection of
individuals and/or property from harm or other unlawful activity, as well as prevention,
deterrence, observation, detection and/or reporting to government agencies of unlawful
activity or conditions that present a risk to the safety of shelter residents, staff or the
public.

J. Shelter. The term “Shelter” means temporary emergency housing provided to homeless
individuals by the Department or by another person under this Contract.
Draft 4/13/22 --- 4/21/22 Law Edit – 4/25/22 DHS Revisions

Section 2 RESPONSIBILITIES OF THE CONTRACTOR.

A. For all services performed after May 6, 2022, pursuant to this Contract, the Contractor
shall pay all Covered Guards that it employs no less than the Prevailing Wage. The
obligation of the Contractor to pay prevailing supplements may be discharged by
furnishing any equivalent combinations of fringe benefits or cash payments.

B. Annual Certification. Beginning May 6, 2022, in any year in which a Covered Guard
employed by the Contractor provides services pursuant to this Contract, the Contractor
shall provide to the Comptroller and the Commissioner an annual certification executed
under penalty of perjury that all such Covered Guards performing services under this
Contract have been paid the Prevailing Wage. Each such certification shall be provided
during the thirty day period following the anniversary of the effective date of this
Contract. Such certification shall include a record of the days and hours worked and the
wages and benefits paid to each Covered Guard employed at the Shelter for the greater of
the preceding calendar year or the entire period following the last certification executed
under this Contract, if any. Such certification shall be certified by the chief executive or
chief financial officer of the Contractor or the designee of any such person. The
Contractor shall also collect any certifications executed by Covered Guard Service
Companies performing services under this Contract, and transmit them to the
Commissioner and the Comptroller.

C. Records. Beginning May 6, 2022, the Contractor shall maintain original payroll records
for each of the Covered Guards that it employs to perform services and each of the
payroll reports provided by Covered Guard Service Companies. Such reports shall reflect
the days and hours worked, and the wages paid and benefits paid for such hours worked.
The Contractor shall retain such records for the duration of its provision of services under
this Contract and at least six years after the end of the Contract term. The Contractor
agrees to provide for inspection of such records as well as a certified original payroll
records upon request by the Comptroller or the Commissioner.

D. Notice. Beginning May 6, 2022, the Contractor shall post in a prominent and accessible
place at every Shelter a copy of a written notice, which will be provided by the
Department upon request by the Contractor, detailing the wages, benefits, and other
protections to which Covered Guards are entitled under this Contract. The Contractor
shall post a copy of such notice in English, Spanish, and any other language that the
Contractor is aware is the primary language of a significant portion of the Covered
Guards providing services at the Shelter. Such notice shall remain posted for the duration
of this Contract and shall be adjusted periodically to reflect the current Prevailing Wage
for Covered Guards. The Contractor shall also provide a copy of such notice to each
Covered Guard performing services under this Contract.

E. Retaliation and discrimination barred. The Contractor shall not retaliate, discharge,
demote, suspend, take adverse employment action in the terms and conditions of
Draft 4/13/22 --- 4/21/22 Law Edit – 4/25/22 DHS Revisions

employment, or otherwise discriminate against any Covered Guard for reporting or

asserting a violation of Admin. Code § 6-109.1 or the terms of this Rider, for seeking or
communicating information regarding rights conferred by Admin. Code § 6-109.1, for
exercising any other rights protected under Admin. Code § 6-109.1, or for participating in
any investigatory or court proceeding relating to this Rider or Admin. Code § 6-109.1.
The Contractor shall not take any retaliatory action against a Covered Guard or such
guard’s representative who in good faith alleges a violation of this Rider or Admin. Code
§ 6-109.1, or who seeks or communicates information regarding rights conferred by
Admin. Code § 6-109.1 in circumstances where such guard in good faith believes Admin.
Code § 6-109.1 applies. Taking adverse employment action against a Covered Guard or
such guard’s representative within 60 days of the guard engaging in any of the
aforementioned activities shall raise a rebuttable presumption of having done so in
retaliation for those activities.

F. Subcontracting.

(1) Except as otherwise provided for by this Contract or any provision of law, the
Contractor may subcontract the security and fire guard services to a Covered
Guard Service Company.

(2) The Contractor shall include each of the provisions in this Rider in the
subcontract agreement with the Covered Guard Service Company including
but not limited to the requirements of Section 3(A) of this Rider below, and
shall cause such Covered Guard Service Company to comply with the
requirements of Admin. Code § 6-109.1. The Contractor shall not enter into
any subcontract for an amount greater than $20,000 with a Covered Guard
Service Company for the provision of Security Services or the services of a
Fire Guard at a Shelter in performance of this Contract without the
Department’s prior approval of the proposed Covered Guard Service
Company. The Contractor shall provide information to the Department
demonstrating that the proposed Covered Guard Service Company has the
necessary facilities, skill, integrity, past experience and financial resources to
perform the services required pursuant to this Contract. The Department shall
make a final determination in writing approving or disapproving the proposed
Covered Guard Service Company after receiving all requested information.
The approval of a Covered Guard Service Company shall not relieve the
Contractor of any of its responsibilities, duties, and liabilities under this
Contract. The Contractor shall remain fully responsible to the Department for
the acts and omissions of the Covered Guard Service Company.

a. To the extent a conflict exists between the subcontracting provision of

Section 2(F)(2) of this Rider and Article 3 of Appendix A (General
Provisions Governing Contracts for Consultants, Professional
Technical, Human and Client Services), Section 2(F)(2) of this Rider
shall supersede Article 3 of Appendix A.
Draft 4/13/22 --- 4/21/22 Law Edit – 4/25/22 DHS Revisions

Section 3. IMPLEMENTATION AND ENFORCEMENT.

A. The Contractor agrees to comply with all applicable requirements of Admin. Code § 6-
109.1(c) (Implementation and Enforcement). If the Contractor subcontracts some or all of
Covered Guard services performed under this Contract, the subcontract must contain
language agreeing to comply with the applicable requirements of Admin. Code § 6-109.1.
In addition to other terms necessary to mandate compliance with Admin. Code § 6-109.1,
such subcontract with a Covered Guard Service Company must contain terms as follows:

(1) Each such subcontract shall provide that, for all services performed by
Covered Guards after May 6, 2022 pursuant to such subcontract, the Covered
Guard Service Company must pay all Covered Guards that it employs no less
than the Prevailing Wage, and may discharge such obligation with respect to
supplements by furnishing any equivalent combinations of fringe benefits or
cash payments.

(2) Each such subcontract shall provide that, beginning May 6, 2022, in any year
in which a Covered Guard employed by such Covered Guard Service
Company provides services pursuant to such subcontract, the Covered Guard
Service Company shall provide to the Contractor an annual certification
executed under penalty of perjury that states that all such Covered Guards
performing services under this Contract have been paid the Prevailing Wage.
Such subcontract shall provide that each such certification must be provided
during the thirty day period following the anniversary of the effective date of
such subcontract. Such subcontract shall provide that such certification must
include a record of the days and hours worked and the wages and benefits paid
to each Covered Guard employed at the Shelter for the greater of the
preceding calendar year or the entire period following the last certification
executed under such subcontract, if any. Such subcontract shall require that
the certification shall be certified by the chief executive or chief financial
officer of the Covered Guard Service Company or the designee of any such
person.

(3) Each such subcontract shall provide that, beginning May 6, 2022, the Covered
Guard Service Company must maintain original payroll records for each of
the Covered Guards that it employs to perform services under such
subcontract reflecting the days and hours worked, and the wages paid and
benefits paid for such hours worked, and shall retain such records for the
duration of its provision of services under this Contract and at least six years
after the end of this Contract. The subcontract shall require the Covered Guard
Service Company to provide copies of all such records to the Contractor and
require the Covered Guard Service Company to agree to provide for
inspection of such records, as well as a certified original payroll records upon
request by the Comptroller or the Commissioner.
Draft 4/13/22 --- 4/21/22 Law Edit – 4/25/22 DHS Revisions

(4) Each such subcontract shall provide that the Covered Guard Service Company
provide a copy of the notice described in Section 2(D) of this Rider to each
Covered Guard performing services pursuant to this Contract.

B. For purposes of implementation and enforcement of the terms of this Rider only,
Procurement Policy Board Rule 4-09 (Resolution of Disputes Arising Out of Contract
Administration) and Section 12.03 of Appendix A (General Provisions Governing
Contracts for Consultants, Professional Technical, Human and Client Services) to this
Contract do not apply, and are superseded by the process outlined Admin. Code § 6-
109.1(c).

C. If the Contractor and any applicable subcontractor receives written notice from the
Department that the Contractor or an applicable subcontractor have violated the terms of
this Rider or the terms of Admin. Code § 6-109.1, and the Contractor fails to cure such
breach or cause such breach to be cured within 30 days of such notice, the City shall have
the right to pursue any rights or remedies available under the terms of this Contract or
under applicable law, including termination of this Contract.

D. If the Contractor fails to perform in accordance with any of the requirements of this
Admin. Code § 6-109.1 or this Rider and there is a continued need for the services
provided under this Contract, the Department may (i) obtain from another source the
required services as specified in this Contract, or any part thereof; (ii) may charge the
Contractor for any difference in price resulting from the alternative arrangements; (iii)
may assess any administrative charge established by the Department; and (iv) may, as
appropriate, invoke such other remedies as are available under this Contract and
applicable law.
P-Acacia Commercial Hotels
EPIN: 07117N0238001R002
2/2023

Exhibit C

7
NYC EARNED SAFE AND SICK TIME ACT CONTRACT RIDER
(To supersede Section 4.06 of the January 2018 Appendix A and Section 35.5 of the March 2017
Standard Construction Contract and to be attached to other City contracts and solicitations)

A. Introduction and General Provisions.

1. The Earned Safe and Sick Time Act (“ESSTA”), codified at Title 20, Chapter 8 of
the New York City Administrative Code, also known as the “Paid Safe and Sick Leave Law,”
requires covered employees (as defined in Admin. Code § 20-912) in New York City (“City”) to
be provided with paid safe and sick time. Contractors of the City or of other governmental entities
may be required to provide safe and sick time pursuant to the ESSTA. The ESSTA is enforced by
the City’s Department of Consumer and Worker Protection (“DCWP”), which has promulgated 6
RCNY §§ 7-101 and 201 et seq. (“DCWP Rules”).

2. The Contractor agrees to comply in all respects with the ESSTA and the DCWP
Rules, and as amended, if applicable, in the performance of this agreement. The Contractor further
acknowledges that such compliance is a material term of this agreement and that failure to comply
with the ESSTA in performance of this agreement may result in its termination.

3. The Contractor must notify (with a copy to DCWP at

ComplianceMonitoring@[Link]) the Agency Chief Contracting Officer of the City Agency
or other entity with whom it is contracting in writing within 10 days of receipt of a complaint
(whether oral or written) or notice of investigation regarding the ESSTA involving the
performance of this agreement. Additionally, the Contractor must cooperate with DCWP’s
guidance and must comply with DCWP’s subpoenas, requests for information, and other document
demands as set forth in the ESSTA and the DCWP Rules. More information is available at
[Link]

4. Upon conclusion of a DCWP investigation, Contractor will receive a findings letter

detailing any employee relief and civil penalties owed. Pursuant to the findings, Contractor will
have the opportunity to settle any violations and cure the breach of this agreement caused by failure
to comply with the ESSTA either i) without a trial by entering into a consent order or ii) appearing
before an impartial judge at the City’s administrative tribunal. In addition to and notwithstanding
any other rights and remedies available to the City, non-payment of relief and penalties owed
pursuant to a consent order or final adjudication within 30 days of such consent order or final
adjudication may result in the termination of this agreement without further opportunity to settle
or cure the violations.
5. The ESSTA is briefly summarized below for the convenience of the Contractor.
The Contractor is advised to review the ESSTA and the DCWP Rules in their entirety. The
Contractor may go to [Link]/PaidSickLeave for resources for employers, such as
Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of
upcoming presentations and webinars at which the Contractor can get more information about how
to comply with the ESSTA and the DCWP Rules. The Contractor acknowledges that it is
responsible for compliance with the ESSTA and the DCWP Rules notwithstanding any
inconsistent language contained herein.
B. Pursuant to the ESSTA and DCWP Rules: Applicability, Accrual, and Use.
1. An employee who works within the City must be provided paid safe and sick time. 1
Employers with one hundred or more employees are required to provide 56 hours of safe and sick
time for an employee each calendar year. Employers with fewer than one hundred employees are
required to provide 40 hours of sick leave each calendar year. Employers must provide a minimum
of one hour of safe and sick time for every 30 hours worked by an employee and compensation for
such safe and sick time must be provided at the greater of the employee’s regular hourly rate or
the minimum wage at the time the paid safe or sick time is taken. Employers are not discouraged
or prohibited from providing more generous safe and sick time policies than what the ESSTA
requires.

2. Employees have the right to determine how much safe and sick time they will use,
provided that an employer may set a reasonable minimum increment for the use of safe and sick
time not to exceed four hours per day. For the use of safe time or sick time beyond the set minimum
increment, an employer may set fixed periods of up to thirty minutes beyond the minimum
increment. In addition, an employee may carry over up to 40 or 56 hours of unused safe and sick
time to the following calendar year, provided that no employer is required to carry over unused
paid safe and sick time if the employee is paid for such unused safe and sick time and the employer
provides the employee with at least the legally required amount of paid safe and sick time for such
employee for the immediately subsequent calendar year on the first day of such calendar year.

3. An employee entitled to safe and sick time pursuant to the ESSTA may use safe
and sick time for any of the following:
a. such employee’s mental illness, physical illness, injury, or health condition
or the care of such illness, injury, or condition or such employee’s need for medical
diagnosis or preventive medical care;

b. such employee’s care of a family member (an employee’s child, spouse,

domestic partner, parent, sibling, grandchild, or grandparent, the child or parent of
an employee’s spouse or domestic partner, any other individual related by blood to
the employee, and any other individual whose close association with the employee
is the equivalent of a family relationship) who has a mental illness, physical illness,
injury or health condition or who has a need for medical diagnosis or preventive
medical care;

1
Pursuant to the ESSTA, if fewer than five employees work for the same employer, and the employer had a net
income of less than one million dollars during the previous tax year, such employer has the option of providing
such employees uncompensated safe and sick time.
 c. closure of such employee’s place of business by order of a public official
due to a public health emergency;

d. such employee’s need to care for a child whose school or childcare provider
has been closed due to a public health emergency; or

e. when the employee or a family member has been the victim of a family
offense matter, sexual offense, stalking, or human trafficking:

1. to obtain services from a domestic violence shelter, rape crisis

center, or other shelter or services program for relief from a
family offense matter, sexual offense, stalking, or human
trafficking;
2. to participate in safety planning, temporarily or permanently
relocate, or take other actions to increase the safety of the
employee or employee’s family members from future family
offense matters, sexual offenses, stalking, or human trafficking;
3. to meet with a civil attorney or other social service provider to
obtain information and advice on, and prepare for or participate
in any criminal or civil proceeding, including but not limited to,
matters related to a family offense matter, sexual offense,
stalking, human trafficking, custody, visitation, matrimonial
issues, orders of protection, immigration, housing,
discrimination in employment, housing or consumer credit;
4. to file a complaint or domestic incident report with law
enforcement;
5. to meet with a district attorney’s office;
6. to enroll children in a new school; or
7. to take other actions necessary to maintain, improve, or restore
the physical, psychological, or economic, health or safety of the
employee or the employee’s family member or to protect those
who associate or work with the employee.

4. An employer must not require an employee, as a condition of taking safe and sick
time, to search for a replacement. However, where the employee’s need for safe and sick time is
foreseeable, an employer may require an employee to provide reasonable notice of the need to use
safe and sick time. For an absence of more than three consecutive work days, an employer may
require reasonable documentation that the use of safe and sick time was needed for a reason listed
in Admin. Code § 20-914; and/or written confirmation that an employee used safe and sick time
pursuant to the ESSTA. However, an employer may not require documentation specifying the
nature of a medical condition, require disclosure of the details of a medical condition, or require
disclosure of the details of a family offense matter, sexual offense, stalking, or human trafficking,
as a condition of providing safe and sick time. Health information and information concerning
family offenses, sexual offenses, stalking or human trafficking obtained solely due to an
employee’s use of safe and sick time pursuant to the ESSTA must be treated by the employer as
confidential. An employer must reimburse an employee for all reasonable costs or expenses
incurred in obtaining such documentation for the employer.

5. An employer must provide to all employees a written policy explaining its method
of calculating sick time, policies regarding the use of safe and sick time (including any permissible
discretionary conditions on use), and policies regarding carry-over of unused time at the end of the
year, among other topics. It must provide the policy to employees using a delivery method that
reasonably ensures that employees receive the policy. If such employer has not provided its written
policy, it may not deny safe and sick time to an employee because of non-compliance with such a
policy.

6. An employer must provide a pay statement or other form of written documentation

that informs the employee of the amount of safe/sick time accrued and used during the relevant
pay period and the total balance of the employee’s accrued safe/sick time available for use.

7. Safe and sick time to which an employee is entitled must be paid no later than the
payday for the next regular payroll period beginning after the safe and sick time was used.

C. Exemptions and Exceptions. Notwithstanding the above, the ESSTA does not apply to any
of the following:
1. an independent contractor who does not meet the definition of employee under N.Y.
Labor Law § 190(2);

2. an employee covered by a valid collective bargaining agreement, if the provisions

of the ESSTA are expressly waived in such agreement and such agreement provides a benefit
comparable to that provided by the ESSTA for such employee;

3. an audiologist, occupational therapist, physical therapist, or speech language

pathologist who is licensed by the New York State Department of Education and who calls in for
work assignments at will, determines their own schedule, has the ability to reject or accept any
assignment referred to them, and is paid an average hourly wage that is at least four times the
federal minimum wage;

4. an employee in a work study program under Section 2753 of Chapter 42 of the

United States Code;

5. an employee whose work is compensated by a qualified scholarship program as that

term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United States Code;
or

6. a participant in a Work Experience Program (WEP) under N.Y. Social Services

Law § 336-c.
D. Retaliation Prohibited. An employer shall not take any adverse action against an employee
that penalizes the employee for, or is reasonably likely to deter the employee from or interfere with
the employee exercising or attempting in good faith to exercise any right provided by the ESSTA.
In addition, an employer shall not interfere with any investigation, proceeding, or hearing pursuant
to the ESSTA.

E. Notice of Rights.
1. An employer must provide its employees with written notice of their rights pursuant
to the ESSTA. Such notice must be in English and the primary language spoken by an employee,
provided that DCWP has made available a translation into such language. Downloadable notices
are available on DCWP’s website at
[Link]
The notice must be provided to the employees by a method that reasonably ensures personal receipt
by the employee.

2. Any person or entity that willfully violates these notice requirements is subject to a
civil penalty in an amount not to exceed $50.00 for each employee who was not given appropriate
notice.

F. Records. An employer must retain records documenting its compliance with the ESSTA
for a period of at least three years, and must allow DCWP to access such records in furtherance of
an investigation related to an alleged violation of the ESSTA.

G. Enforcement and Penalties.

1. Upon receiving a complaint alleging a violation of the ESSTA, DCWP must
investigate such complaint. DCWP may also open an investigation to determine compliance with
the ESSTA on its own initiative. Upon notification of a complaint or an investigation by DCWP,
the employer must provide DCWP with a written response and any such other information as
DCWP may request. If DCWP believes that a violation of the ESSTA has occurred, it has the right
to issue a notice of violation to the employer .

2. DCWP has the power to grant an employee or former employee all appropriate
relief as set forth in Admin. Code § 20-924(d). Such relief may include, but is not limited to, treble
damages for the wages that should have been paid; statutory damages for unlawful retaliation; and
damages, including statutory damages, full compensation for wages and benefits lost, and
reinstatement, for unlawful discharge. In addition, DCWP may impose on an employer found to
have violated the ESSTA civil penalties not to exceed $500.00 for a first violation, $750.00 for a
second violation within two years of the first violation, and $1,000.00 for each succeeding
violation within two years of the previous violation. When an employer has a policy or practice of
not providing or refusing to allow the use of safe and sick time to its employees, DCWP may seek
penalties and relief on a per employee basis.
 3. Pursuant to Admin. Code § 20-924.2, (a) where reasonable cause exists to believe
that an employer is engaged in a pattern or practice of violations of the ESSTA, the Corporation
Counsel may commence a civil action on behalf of the City in a court of competent jurisdiction by
filing a complaint setting forth facts relating to such pattern or practice and requesting relief, which
may include injunctive relief, civil penalties and any other appropriate relief. Nothing in § 20-
924.2 prohibits DCWP from exercising its authority under section 20-924 or the Charter, provided
that a civil action pursuant to § 20-924.2 shall not have previously been commenced.

H. More Generous Polices and Other Legal Requirements. Nothing in the ESSTA is intended
to discourage, prohibit, diminish, or impair the adoption or retention of a more generous safe and
sick time policy, or the obligation of an employer to comply with any contract, collective
bargaining agreement, employment benefit plan or other agreement providing more generous safe
and sick time. The ESSTA provides minimum requirements pertaining to safe and sick time and
does not preempt, limit, or otherwise affect the applicability of any other law, regulation, rule,
requirement, policy or standard that provides for greater accrual or use by employees of safe and
sick leave or time, whether paid or unpaid, or that extends other protections to employees. The
ESSTA may not be construed as creating or imposing any requirement in conflict with any federal
or state law, rule or regulation.
P-Acacia Commercial Hotels
EPIN: 07117N0238001R002
2/2023

Exhibit D

8
 New York City Mayoral Executive Order No. 64 Rider
Responsibility of Contracted Providers of Human Services
in Relation to Matters Involving Allegations of Sexual Harassment

(To supplement the New York City Standard Human Services Contract)

Section 1.01 Background.

New York City Mayoral Executive Order No. 64 (“EO 64”) entitled “Responsibility of Contracted
Providers of Human Services in Relation to Matters Involving Allegations of Sexual Harassment”
became effective on March 3, 2021. This Mayoral Executive Order applies to “human services”
contracts, as that term is defined in section 6-129 of the New York City Administrative Code. EO
64 states that sexual harassment constitutes a form of unlawful discrimination under the New York
City Human Rights Law that is prohibited in the workplace and in the provision of public
accommodations, and is also illegal under New York State and Federal law. Pursuant to section
803 of the New York City Charter, the Mayor may direct the Commissioner of Investigation to
undertake investigations, including investigations of alleged sexual harassment by personnel
delivering services for or on behalf of the City of New York.

Section 1.02 Definitions.

A. “Agency” means the City agency or office through which the City of New York has entered
into this Agreement.

B. "Agreement” means the agreement between the Agency and the Contractor, to which this
rider has been added.

C. “Certification Date” means 30 days after the date that the Agreement is registered pursuant
to Section 328 of the New York City Charter, or if this rider is added by an amendment,
the date said amendment is registered pursuant to Section 328 of the New York City
Charter.

D. “DOI” means the New York City Department of Investigation.

E. “Human Services” means services provided to third parties, including social services such
as day care, foster care, home care, homeless assistance, housing and shelter assistance,
preventive services, youth services, and senior centers; health or medical services including
those provided by health maintenance organizations; legal services; employment assistance
services, vocational and educational programs; and recreation programs.

F. “PassPort” means New York City’s digital Procurement and Sourcing Solutions Portal;

G. “Contractor” means the entity providing Human Services under a contract with the City of
New York.

H. “Rider” means this New York City Mayoral Executive Order No. 64 Rider.
1
 Section 1.03 Reporting.

Contractor shall provide information about sexual harassment complaints, whether made by an
employee, client, or other person, by making the following available to DOI at
[Link]

(a) A copy of the Contractor’s sexual harassment policies, including complaint procedures,
which shall be uploaded to PassPort; and
(b) A copy of any complaint or allegation of sexual harassment or retaliation on the basis
of a complaint of sexual harassment brought by any person against the Chief Executive Officer or
equivalent principal of the organization in any venue, including through the Contractor’s internal
Equal Opportunity process, subject to Section 2 herein. Such copy must be redacted as to the name
and any identifying information of individuals except the accused and provided, by secure means
that the DOI shall determine and publicize, within 30 days of receipt of the complaint or allegation;
and
(c) A copy of the final determination or judgment with regard to any complaint covered in
subdivision (b), redacted as to the name and any identifying information of individuals except the
accused; and
(d) Any additional information the DOI requests in order to effectuate its review of any
investigation and determination, including information that had been redacted pursuant to
subdivisions (b) and (c).

Section 1.04 Annual Certification.

On the Certification Date and on the anniversary of said date every year thereafter during the term
of the Agreement, the Contractor’s Board of Directors or equivalent authority of Contractor shall
upload to PassPort a certification substantially in the form annexed hereto as Annex 1 certifying
that they have made all reports required pursuant to this rider or that they had no information to
report.

Section 1.05 Contractor’s Duty to Investigate.

The reporting obligations under Section 1.03 does not relieve the Contractor of its duty to
investigate any complaint or allegation or of any other contractual obligations.

Section 2.

Disclosure to and collection by DOI of any personally identifying information relating to

allegations of sexual harassment – which constitutes “sensitive identifying information” under
section 6.2 of the Citywide Privacy Protections and Protocols of the City’s Chief Privacy Officer
and “restricted” information under the NYC Cyber Command Policies and Standards – has been
authorized by the Chief Privacy Officer under section 23-1202 of the New York City
Administrative Code as being in the best interests of the City.

Section 3.

2
Contractor hereby acknowledges the provisions of Section 4 of EO 64, which provides that
Agencies may consider any findings reported by DOI, as well as a provider's failure to furnish the
information required by Section 1.03 above when determining whether to continue, modify,
amend, or renew a contract.

3
 ANNEX 1
SAMPLE CERTIFICATION

I, (NAME), who is (CHAIRMAN OF THE BOARD OR EQUIVALENT PRINCIPAL)

of (CONTRACTOR) (the “Contractor”), have reviewed the requirements of Mayoral Executive
Order 64 of 2021 and, in compliance therewith, hereby certify to the following:
1) A copy of the Contractor’s sexual harassment policy has been uploaded to the New York
City’s PASSPort system on DATE. The policy uploaded is the most up-to-date version of
the policy.

2) Allegations of Sexual Harassment. Please initial one (1) of the two (2) options below. For
the year prior to the date of this certification, or since the Contractor’s last certification,
whichever period is longer:
___ Contractor has reviewed its records and internal communications and confirms that it has
not received any complaints or allegations of sexual harassment, or retaliation on the basis
of a complaint or allegations of sexual harassment, brought against the Chief Executive
Officer or equivalent principal of the organization in any venue, including through the
Contractor’s internal Equal Opportunity process.
___ Contractor has reviewed its records and internal communications and confirms that it has
received complaints or allegations of sexual harassment, or retaliation on the basis of a
complaint or allegations of sexual harassment, brought against the Chief Executive Officer
or equivalent principal of the organization in any venue, including through the Contractor’s
internal Equal Opportunity process. Contractor has provided redacted copies of
documents regarding all such complaints or allegations to DOI.

3) Final Determinations and Judgments. Please initial one (1) of the two (2) options. For the
year prior to the date of this certification, or since the Contractor’s last certification,
whichever period is longer:
___ Contractor has reviewed its records and internal communications and confirms that it has
not made any final determinations, including settlement, or received any judgments relating
to any complaints or allegations covered under Mayoral Executive 64 of 2021.
___ Contractor has reviewed its records and internal communications and confirms that it has
made final determinations, including settlement, or received judgments relating to
complaints or allegations covered under Mayoral Executive 64 of 2021. Contractor has
provided redacted copies of all such documents to DOI.

I affirm under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.

Dated________________
 (NAME OF ENTITY)

BY:
_________________________________________
(NAME )
(TITLE)

Subscribed and sworn to before me this

day of ,
20___,

______________________
Notary Public
P-Acacia Commercial Hotels
EPIN: 07117N0238001R002
2/2023

Exhibit E

9
 Rider to Human Services Contracts
City of New York Health and Human Services Cost Policies and Procedures
Manual

Effective immediately, the City of New York Health and Human Services Cost
Policies and Procedures Manual (“Cost Manual”), available at [Link]/nrc, is hereby
incorporated into and made a part of the Standard Human Services Contract. If there
is a conflict between the terms of the Fiscal Manual (as defined in the Standard
Human Services Contract) and the Cost Manual, the Cost Manual shall take
precedence.
DocuSign Envelope ID: 2ECB7DAC-0245-4CAF-8B26-E3D821192940

CONTRACT SIGNATURE PAGE

This Contract is entered by and between the City of New York (“City”), acting by and through
the DEPARTMENT OF HOMELESS SERVICES, and ACACIA NETWORK HOUSING
INC (“Contractor”).

This Contract consists of this contract signature page as well as the following documents (“Contract
Documents”) which are located in the Documents tab of the PASSPort record titled Renewal for Shelter
Services for FWC at Commercial Hotels.

1. Acacia FwC Commercial Hotels 2nd REN+Allowance (07117N0238001R002) - May 1 2023 8:58PM

The above order does not represent an order of precedence. The Contract shall be governed by the order of
precedence, if any, in the Contract Documents or by ordinary contract principles if no such order of precedence
exists.

Each party is signing this Contract electronically on the date stated in that party's electronic signature.

The City of New York

By: DEPARTMENT OF HOMELESS SERVICES

____________ _____________________
(Signature)
Vincent Pullo
Name: ____________________________

Title: ACCO

5/4/2023 | [Link] PDT

Date:

Contractor
By: ACACIA NETWORK
: n : HOUSING INC

_______________ __________________
::::
(Signature)
Lymaris Albors
Name: ____________________________

Title: CEO

5/2/2023 | [Link] CDT

Date:
 CERTIFICATE OF INSURANCE COVERAGE
DISABILITY AND PAID FAMILY LEAVE BENEFITS LAW

PART 1. To be completed by Disability and Paid Family Leave Benefits Carrier or Licensed Insurance Agent of that Carrier
1a. Legal Name & Address of Insured (use street address only) 1b. Business Telephone Number of Insured
ACACIA NETWORK HOUSING, INC.
300 EAST 175TH STREET, SUITE 5 3476493195
BRONX, NY 10457
Work Location of Insured (Only required if coverage is specifically limited to 1c. Federal Employer Identification Number of Insured
certain locations in New York State, i.e., Wrap-Up Policy) or Social Security Number
Commercial Hotels @ various locations POL 87(2)(d)
2. Name and Address of Entity Requesting Proof of Coverage 3a. Name of Insurance Carrier
(Entity Being Listed as the Certificate Holder)
NYC Department of Social Services (HRA/DHS) Standard Security Life Insurance Company of New York
Office of Contracts 3b. Policy Number of Entity Listed in Box "1a"
150 Greenwich Street, 37th Floor P0069Z-033
New York, NY 10007 3c. Policy effective period
10/1/2019 to 1/25/2024
4. Policy provides the following benefits:
✘ A. Both disability and paid family leave benefits.
B. Disability benefits only.
C. Paid family leave benefits only.
5. Policy covers:
✘ A. All of the employer's employees eligible under the NYS Disability and Paid Family Leave Benefits Law.
B. Only the following class or classes of employer's employees:

Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named
insured has NYS Disability and/or Paid Family Leave Benefits insurance coverage as described above.

Date Signed 1/26/2023 By

(Signature of insurance carrier's authorized representative or NYS Licensed Insurance Agent of that insurance carrier)

Telephone Number (212) 355-4141 Name and Title SUPERVISOR-DBL/POLICY SERVICES

IMPORTANT: If Boxes 4A and 5A are checked, and this form is signed by the insurance carrier's authorized representative or NYS
Licensed Insurance Agent of that carrier, this certificate is COMPLETE. Mail it directly to the certificate holder.

If Box 4B, 4C or 5B is checked, this certificate is NOT COMPLETE for purposes of Section 220, Subd. 8 of the NYS
Disability and Paid Family Leave Benefits Law. It must be mailed for completion to the Workers' Compensation
Board, Plans Acceptance Unit, PO Box 5200, Binghamton, NY 13902-5200.
PART 2. To be completed by the NYS Workers' Compensation Board (Only if Box 4C or 5B of Part 1 has been checked)
State of New York
Workers' Compensation Board
According to information maintained by the NYS Workers' Compensation Board, the above-named employer has complied with the
NYS Disability and Paid Family Leave Benefits Law with respect to all of his/her employees.

Date Signed By
(Signature of Authorized NYS Workers' Compensation Board Employee)

Telephone Number Name and Title

Please Note: Only insurance carriers licensed to write NYS disability and paid family leave benefits insurance policies and NYS licensed insurance
agents of those insurance carriers are authorized to issue Form DB-120.1. Insurance brokers are NOT authorized to issue this form.

DB-120.1 (10-17)
11 1 1 11 11 1
DB-120.1 (10-17)
 Additional Instructions for Form DB-120.1
By signing this form, the insurance carrier identified in Box 3 on this form is certifying that it is insuring the business
referenced in box "1a" for disability and/or paid family leave benefits under the New York State Disability and Paid Family
Leave Benefits Law. The Insurance Carrier or its licensed agent will send this Certificate of Insurance to the entity listed
as the certificate holder in Box 2.

The insurance carrier must notify the above certificate holder and the Workers' Compensation Board within 10 days IF a
policy is cancelled due to nonpayment of premiums or within 30 days IF there are reasons other than nonpayment of
premiums that cancel the policy or eliminate the insured from coverage indicated on this Certificate. (These notices my be
sent by regular mail.) Otherwise, this Certificate is valid for one year after this form is approved by the insurance carrier or
its licensed agent, or until the policy expiration date listed in Box 3c, whichever is earlier

This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate
does not amend, extend or alter the coverage afforded by the policy listed, nor does it confer any rights or responsibilities
beyond those contained in the referenced policy.

This certificate may be used as evidence of a Disability and/or Paid Family Leave Benefits contract of insurance only while
the underlying policy is in effect.

Please Note: Upon the cancellation of the disability and/or paid family leave benefits policy indicated on this
form, if the business continues to be named on a permit, license or contract issued by a certificate holder, the
business must provide that certificate holder with a new Certificate of NYS Disability and/or Paid Family Leave
Benefits Coverage or other authorized proof that the business is complying with the mandatory coverage
requirements of the New York State Disability and Paid Family Leave Benefits Law.

DISABILITY AND PAID FAMILY LEAVE BENEFITS LAW

§220. Subd. 8
(a) The head of a state or municipal department, board, commission or office authorized or required by law to issue any
permit for or in connection with any work involving the employment of employees in employment as defined in this article,
and not withstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such
permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the
payment of disability benefits and after January first, two thousand and twenty-one, the payment of family leave benefits
for all employees has been secured as provided by this article. Nothing herein, however, shall be construed as creating
any liability on the part of such state or municipal department, board, commission or office to pay any disability benefits to
any such employee if so employed.

(b) The head of a state or municipal department, board, commission or office authorized or required by law to enter into
any contract for or in connection with any work involving the employment of employees in employment as defined in this
article and notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into
any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that
the payment of disability benefits and after January first, two thousand eighteen, the payment of family leave benefits for
all employees has been secured as provided by this article.

DB-120.1 (10-17) Reverse