Legal Notice Request for Proposals and Application for Certification

Rev. 8/2015

OCCUPATIONAL HEALTH GRANT

OCCUPATIONAL HEALTH CLINICS

STATE OF CONNECTICUT DEPARTMENT OF LABOR SOLICITATION FOR PROPOSALS FY 2016

Legal Notice – Request for Proposals and Application for Certification

The Connecticut Department of Labor (DOL) is currently soliciting fiscal year 2016 proposals for Grants- In-Aid under the Connecticut General Statutes §§ 31-396 through 31-403, inclusive, as amended by Public Act 15-47 – Occupational Health Clinics Grant. Applicants must meet the definition of an Occupational Health Clinic as defined in the above-referenced statutes. Interested parties may now submit applications. All Proposal signatures must be made using blue ink.

To request hard copies of this Solicitation please contact:

Ken Tucker, Director CONN-OSHA Connecticut Department of Labor 38 Wolcott Hill Road Wethersfield, CT 06109 Email: [email protected] Facsimile: (860) 263-6940

Submissions must be received at the above address no later than 3:00 p.m. on September 25, 2015. Proposals must be clearly labeled “Occupational Health Clinics Grant – Occupational Health Clinics.” Any submissions received after that date and time will not be considered. DOL will not consider the postmark date as the basis for meeting the submission deadline

Copies of the Solicitation for Proposals including a copy of the statutes are available for download from the Connecticut Department of Labor website at: http://www.ctdol.state.ct.us/osha/OccHealthGrant/index.htm

DOL reserves the right to reject any and all proposals or cancel this procurement at any time if it is deemed to be in the best interest of the State of Connecticut.

2 Table of Contents

Introduction ……………………………………………………………………………………………………………….. p. 4

Background & Purpose …………………………………………………………………………………………………… p. 4

Overview of the Proposal Process ………………………………………………………………………………….. p. 4

Format of Proposal/Minimum Submission Requirements ……………………………………………. p. 5

Proposal Submission Instructions ……………………………………………………………………………………. p. 5

Specific Terms …………………………………………………………………………………………………………….. p. 8

Screening & Review of Proposals ……………………………………………………………………………………. p. 14

Evaluation and Selection ……………………………………………………………………………………………….. p. 15

Planned Allocation ………………………………………………………………………………………………………. p. 16

General Conditions ………………………………………………………………………………………………………. p. 16-23

INTRODUCTION

______

Background and Purpose

A major responsibility for Occupational Health Clinics under Sections 31-396 to 31-403, inclusive, of the Connecticut General Statutes, as amended by Public Act No. 15-47, is the ability to provide diagnosis, treatment and preventive services to patients with occupational diseases within the State of Connecticut. In order to fulfill this responsibility, an onsite physician is required. It is also important for clinics to be involved in the training of physicians and other health professionals in occupational health, and to educate medical professionals in the need for occupational disease surveillance. It is essential for clinics to work with the Department of Public Health and the Department of Labor to establish needs which will ultimately lead to the prevention of occupational disease in the workplace.

The Department of Labor reserves the right to accept or reject any proposal submitted in response to this request in accordance with the Occupational Health Clinics Statutes.

Funding is authorized by Sections 31-396 to 31-403, inclusive, of the Connecticut General Statutes, as amended by Public Act No. 15-47. The proposal procedures, selection criteria, and approval processes contained in this notice are issued in accordance with guidelines established by the Connecticut Department of Labor's Division of Occupational Safety and Health.

OVERVIEW OF THE PROPOSAL PROCESS ______

Bidding Process All applications with the State regarding this Request for Proposals must be submitted in writing in sealed envelopes or sealed boxes clearly identifying the appropriate Request for Proposals reference – “Occupational Health Clinics Grant – Occupational Health Clinics.” All Proposal signatures must be made using blue ink.

Evaluation and Selection It is the intent of the Department of Labor to conduct a comprehensive, fair and impartial evaluation of proposals received in response to this RFP. Only proposals found to be responsive to the RFP will be evaluated and scored. A responsive proposal must comply with all instructions listed in this Request for Proposals.

Additionally, the Connecticut Department of Labor, in the evaluation of proposals, shall award a bonus credit to proposers who have been funded as an Occupational Health Clinic by the Department for five (5) or more continuous years. This bonus shall be 30% of the amount of funding allocated for Occupational Health Clinics, to be distributed among those clinics that qualify.

4 Contract Execution The pursuant contract developed as a result of this RFP is subject to State contracting procedures, which include approval by the CT State Attorney General’s Office. Please note that no financial commitment can be made until, and unless, the Attorney General approves the contracts.

Funding The Department of Labor is seeking to contract for fiscal year 2016. It is expected that a maximum of $308,888.00 will be available to provide these services for this time period.

Format of Proposal/Minimum Submission Requirements

Submissions in response to this request must contain three (3) copies of the proposal and corresponding attachments under a submission letter bearing the signature (in blue ink) of the principle officer of the organization. The cover letter must include the funding amount of the request. Proposals must not exceed twenty five (25) pages excluding attachments.

Any proposal that fails to comply with the minimum submission requirements may be disqualified as non-responsive. The State of Connecticut and the Department of Labor assume no liability for payment of expenses incurred by bidders in preparing and submitting proposals in response to this solicitation.

Specific Terms & General Conditions

Successful respondents awarded a contract under this Request for Proposals will be required to comply with the Specific Terms & General Conditions as a condition of award.

PROPOSAL SUBMISSION INSTRUCTIONS ______

A. Executive Summary

Provide a one-page summary that identifies the basic objectives of the proposal and an overview of the scope and anticipated outcomes. Include an estimate of the dollar amount of this request and identify the geographic area (by towns) where the services under this proposal will be available. Additionally, provide a statement of the Offeror's understanding of responsibilities and role as an occupational health clinic.

B. Offeror's Experience

Provide information as to the Offeror's experience in delivering Occupational Health Clinic Services within the State of Connecticut.

C. Offeror's Qualifications

1. Provide information as to the Offeror's Clinical Directorship.

a. Board Certified b. Board Eligible

2. Provide information as to the Offeror's knowledge of the Association of Occupational and Environmental Clinics. a. Membership b. Potential Membership

3. Provide information regarding availability as to the Offeror's experience in Industrial Hygiene Services.

4. Provide information as to the Offeror's experience in the training of Occupational Health Professionals.

5. Provide information as to the Offeror's ability to comply with the surveillance requirements and recommendations as outlined in the Report on Occupational Disease in Connecticut of 1989.

6. Provide information as to the Offeror's willingness to work with the Department of Public Health and the Department of Labor to reduce occupational disease.

7. Provide information as to the Offeror's ability to provide assistance and medical consultative services to the Division of Occupational Safety and Health within the Department of Labor.

8. Provide information as to the Offeror's willingness to cooperate with the Department of Public Health, the Department of Labor, the Workers' Compensation Commission, and the State Insurance Commissioner to transfer granted occupational medicine costs to appropriate insurance and other private funding mechanisms.

9. Provide information as to the Offeror's willingness to educate medical professionals on the use of a surveillance system.

10. Provide information as to the Offeror's ability to compile and report surveillance data as required.

11. Provide information as to the Offeror's willingness to cooperate with the Department of Public Health, the Department of Labor, the Workers' Compensation Commission, and the State Insurance Commissioner to carry out the purpose of Sections 31-396 to 31- 403, inclusive of the Connecticut General Statutes.

12. Provide information as to the Offeror's willingness to comply with the reporting requirements of Section 31-40a of the Connecticut General Statutes.

13. Provide information on any services provided by the Offeror for working age populations, including, but not limited to, migrant and contingent workers. If such services are offered, provide specific information on:

6  The population to which such services are offered, including the approximate number of individuals served;  To what extent health disparities may interfere with the provision of occupational health care services to such individuals; and  To what extent work structure may interfere with the provision of occupational health care services to such individuals.

D. Labor Relations

Information as to the Offeror's knowledge of labor-management relations and collective bargaining activities.

E. Resources

Information as to the Offeror's knowledge of other public and private resources that may be beneficial to the occupational health clinics.

F. Monitoring

Provide information as to the Offeror's system for monitoring program activities.

G. Organizational Structure

Provide information as to the Offeror's organizational structure, including resumes of program staff with qualifications of the staff members to be assigned.

H. Responsibilities

Provide acknowledgment that each Occupational Health Clinic will be required to host one Occupational Work Group Meeting per fiscal year and are encouraged to attend all. All program participants (both Occupational clinic and Auxiliary clinic) will be invited to this event. The meeting date will be established within 30 days of the receipt of the RFP. It will be within the host Clinic’s discretion to set the agenda although the agenda must include agency and clinic updates. Some funding may be available to offset the meeting cost, contact Catherine Zinsser, 860-263-6942 for information

I. Budget

Provide a detailed line item budget utilizing the budget sheets attached to this proposal. Note: The administrative cost for this proposal is limited to fifteen (15) percent of the total budget amount.

J. Screening and Review of Proposals

1. All proposals will be screened to determine completeness and conformity to the proposal guidelines and any other requirements contained in this announcement.

2. In order for a proposal to be in conformance, it must include the following:

(a) A detailed line item budget according to the cost categories listed in Section III. G. of this announcement,

(b) Proposal narrative. The narrative must address all of the elements specified in Section III of this announcement

Provide optional attachments if they support the proposal and contribute to an understanding of the respondent’s capacity to run the Occupational Health Clinic

SPECIFIC TERMS ______

A. Definitions

1. "Contracting Officer" means the Commissioner of the Connecticut Department of Labor.

2. "Administrative Agency" means the Connecticut Department of Labor, Division of Occupational Safety and Health.

3. "Contractor" or “Offeror” means any public or non-profit medical facility, corporation, company, agency, organization, public or quasi public agency, organization, or municipality having an approved "Contract" with the Contracting Officer.”

4. "Contract" means an established, binding, legal relationship between two parties; the "Contractor" to provide services and the “Contracting Officer" to provide payment for these services. As used herein, the term "Contract" shall be synonymous with the term "agreement.”

B. Financial Management System

The Contractor agrees to maintain a financial management system which will provide accurate, current, and complete disclosure of the financial results of each program activity funded under this agreement and to submit reports to the Administrative Agency.

C. Limitation of Cost

1. Funding for this agreement shall be accounted for separately and shall only be used by the Contractor for the activities, services and specific locations described hereunder and for no other purpose.

8 2. It is expressly understood and agreed that in no event will the total amount paid to the Contractor under this agreement exceed the total amount set forth in the budget.

3. The Contractor shall conform to the line item detail set forth in the budget. Unanticipated expenditures, which would result in a line item budget variance of 10% or more, will require prior express written approval of the Administrative Agency.

4. A maximum of 15% of the total contract amount is allowable for administrative costs. Approval to incur administrative costs in excess of fifteen (15) percent must be obtained from the Occupational Health Clinic Advisory Committee.

D. Payment

1. Funds will generally be made available by the Contracting Officer to the Contractor on a reimbursable basis for eligible budgeted costs.

2. Financial reports and invoices are to be completed by the Contractor quarterly and are due on or before the 15th day of the quarter for the prior quarter's reporting period. When funds are being requested, a completed and signed original DOL-14, Invoice/Status of Funds Report will be required. Mail invoice/status of funds reports to: State of Connecticut, Department of Labor, Division of Occupational Safety and Health, 38 Wolcott Hill Road, Wethersfield, CT 06109-1114.

3. The Contractor may request an advance payment equal to its interim cash needs arising during any given quarterly reimbursement period. A written justification explaining the necessity for an advance must accompany a DOL-14, Invoice/Status of Funds Report. If the Contractor requests continuing authority to operate on a cash advance basis, this determination will be made by the Contracting Officer based on justification provided by the Contractor.

4. In order to assure State of Connecticut, Comptroller processing within the current fiscal year, the Contractor shall submit a DOL-14, Invoice/Status of Funds Report by June 6, 2016, for the estimated final quarter's expenditure for the agreement, including any uninvoiced prior month's expenditures or adjustments. Failure to submit the above form by the required date could result in a loss of funding to the Contractor for those amounts not processed.

5. At any time prior to final payment under this agreement, the Contracting Officer may have the invoices and detailed statements of costs audited. All current and prior payments shall be subject to reduction for amounts found not to constitute an allowable cost.

E. Final Reconciliation

1. The Contractor will submit a final reconciliation on form DOL-14, Invoice/Status of Funds Report to the Administrative Agency, reporting actual expenditures for this agreement on or before July 30, 2016.

2. Any funds paid to the Contractor and remaining unspent after June 30, 2016 will be refunded to the Contracting Officer with the final reconciliation on July 31, 2016. The check must be made payable to the “Treasurer, State of Connecticut".

3. The Contractor agrees that any refunds, rebates, credits, or other amounts, accruing to or received by the Contractor under this agreement, shall be paid to the Contracting Officer, to the extent that they are properly allocable to costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this agreement.

F. Purchases

1. The Contractor agrees to use its best efforts to obtain all supplies and equipment for use in the performance of this Contract, at the lowest practical cost. When appropriate, the Contracting Officer will provide the Contractor with equipment costs in order to assist the Contractor in the procurement of supplies and equipment.

2. Titles to all non-expendable property items acquired for the program, with funds from this Contract, shall remain with the Contracting Officer. Non-expendable property is defined as that property which will not be consumed or lose its identity, is expected to have useful life of one year or more, and has a cost of $1000.00 or more per unit. The Contractor further agrees to keep and submit a property record inventory by description, model, serial number, and in such other manner and form, and at such time as prescribed by the Contracting Officer.

G. Audit and Records

1. The Contractor shall maintain books, records, documents, program and individual service records and other evidence of its accounting and billing procedures and practices which sufficiently reflect all direct and indirect costs of any nature in the performance of your contract.

2. The Contractor agrees to provide access to the DOL or where applicable, federal agencies, or any of their duly authorized representatives to any books, documents, papers, and records (including computer records) of the Contractor or subcontractor which are directly pertinent to charges to your contract, in order to conduct audits and examinations, and make excerpts, transcripts, and photocopies; this right also includes timely and reasonable access to Contractor’s personnel for the purpose of interviews and discussions related to such documents.

10 3. The Contractor shall preserve and make available all financial records, supporting documents, statistical records, and all other pertinent records for each funding period for a period of three years. The retention period shall start from the date of submission of the final expenditure report for that funding period. The aforementioned records shall be retained beyond the prescribed period, if any litigation or audit is begun or if a claim is instituted involving your contract. In these instances the records shall be retained until the litigation, audit or claim has been finally resolved.

4. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this agreement shall be clearly identified and readily accessible.

5. The Contractor shall comply with all state and federal auditing requirements. This includes, unless and to the extent specifically exempted by law, the requirement of Conn. Gen. Stat. Section 7-396(a) that the Contractor shall provide for an audit acceptable to the Department of Labor as defined in the “Department of Labor Audit Policy” on file at the Department of Labor.

6. The Contractor shall comply with all State and Federal audit requirements, including if applicable, the Single Audit for Recipients of State Financial Assistance provisions codified in Conn. Gen. Stat. Section 4-230 et seq., as from time to time amended; and where applicable the Federal Single Audit Act of 1984, Office of Management and Budget Circular A-133; and DOL audit policies and procedures. The Contractor shall submit the final audit report in accordance with applicable schedules to:

CT Department of Labor Business Management Division Contract Accounting Unit 200 Folly Brook Boulevard Wethersfield, CT 06109

The audit submitted shall be accompanied by a resolution report for all findings cited in the audit.

7. At any time prior to final payment under your agreement, the DOL may have the invoices and detailed statement of costs examined. All current and prior payments shall be subject to reduction for amounts found not to constitute an allowable cost.

8. The Contractor agrees to include in all subcontracts hereunder, a provision to the effect that the subcontractor agrees that the DOL, until the expiration of the record retention period stipulated in Section G(3), shall have access to and have the right to examine any directly pertinent books, documents, papers, and records of the subcontractor involving transactions related to your contract.

H. Confidentiality

The Contractor agrees to maintain the confidentiality of any information regarding patients, clients, or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or any other source to the extent provided by law. Without the permission of the patient or client, such information shall be divulged only as necessary for purposes related to performance or evaluation of the contract and to persons having responsibilities under the contract, including those furnishing services to the program under subcontract.

I. Assignability

The Contractor shall not assign, transfer, or subcontract any interest in this agreement, without prior written consent of the Contracting Officer.

J. Examination of Records

1. The Contractor agrees that the Administrative Agency, until the expiration of three years after final payment under this Contract, shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor, which involve transactions related to this Contract.

2. The Contractor further agrees to include, in all his/her subcontracts hereunder, a provision to the effect that the subcontractor agrees that the Administrative Agency shall, until the expiration of three years after final payment to the subcontractor, have access to and have the right to examine any directly pertinent books, documents, papers, and records of the subcontractor, which involve transactions related to this Contract.

K. Political Activities

No funds hereunder shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Funds shall also not be used to provide services, or for the employment of assignment of personnel in a manner supporting or resulting in the identification of programs conducted pursuant to this contract with (1) any partisan or non-partisan political activity or any other political activity associated with a candidate, contending faction or group, in an election for public or party office; (2) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election or; (3) any voter registration activity. In addition, the Contractor further agrees to the limitations of the Hatch Act (5 USC 1502 (a), 18 USC 595) when federal funds are involved.

L. Publicity

The Contractor shall inform the public that the State of Connecticut, Department of Labor, provides financial support for the operation of its occupational health clinic by including the following specific statement in all official communications, including but not limited to news releases, reports, and promotional materials:

12 "The State of Connecticut Department of Labor provides financial support for the operation of ______." (Occupational Health Clinic)

______Certifying Officer's Signature Title Date

M. Financial Capability

If the Offeror's proposal is selected, a copy of the Offeror's most recent audit or a statement of the Offeror's financial capability, prepared by a certified accountant, will have to be submitted prior to contract negotiations.

SCREENING & REVIEW OF PROPOSALS ______

1. All proposals will be screened to determine completeness and conformity to the proposal guidelines and any other requirements contained in this announcement.

2. In order for a proposal to be in conformance, it must include the following:

a. Completed signatory sheet with required signatures,

b. Completed employers' staffing compliance report,

c. Completed notification to bidders (Sec. 4-114a),

d. A detailed line item budget according to the cost categories,

e. Proposal narrative. The narrative must address all of the elements specified in Section III. of this announcement, and

f. The following signed certifications and assurances:

(1) General Grant Conditions (please sign above) (2) State of Connecticut Assurances.

EVALUATION & SELECTION

______

Complete, conforming proposals will be reviewed and evaluated based on the following criteria:

Experience in the provision of services to working age populations, including migrant Up to 5 points and contingent workers where health disparities or work structure interferes with the provision of occupation health care services Experience in the training of occupational health professionals Up to 2-5 Active training – 5 points; Willing to train – 2 points points Willingness to work with DOL & DPH Up to 5 points Ability to provide assistance and medical consultative services to OSHA Up to 5 points Willingness to cooperate with the DPH, DOL, WC and Insurance Commissioners Up to 5 points Willingness to educate professionals on use of surveillance system Up to 3-5 Currently educating – 5 points; Willing to educate – 3 points points Willingness to cooperate with DPH, DOL, WC and Insurance Commissioner to carry Up to 10 out section 31-396 to 31-403 points Ability to report and compile surveillance data Up to 10 points Information of knowledge of labor-management relations and collective bargaining Up to 2 points activities Knowledge of other public and private resources that may benefit occupational health Up to 4 points clinics System of monitoring program activities Up to 5 points Organizational structure with resumes and qualifications of staff members Up to 10 points Understanding of occupational health clinics responsibilities Up to 2 points Line item budget (adm. Costs , 15 % of total budget) Up to 5-10 5%-10% - 10 points; 11% -15% – 5 points. points Occupational Health Clinic hosted a minimum of one Occupational Work Group 0 or 1 point Meeting during the current fiscal year. Hosted a meeting- 1 point Did not host a meeting -0 points

Special Terms Up to 5 points Willing to comply with Special Terms Up to 5 points General Conditions Up to 5 points Willing to comply with General Conditions Up to 5 points Attachments Up to 0-2 points Offeror has included all required attachments. Up to 0-2 points

14 PLANNED ALLOCATION FOR THIS PROPOSAL ______

* $308,888 *

NOTE: THIS RFP IS NOT TO BE CONSTRUED AS A CONTRACT OR COMMITMENT OF ANY KIND.

Sincerely,

Kenneth C. Tucker III, Director Connecticut Department of Labor, Division of Occupational Safety and Health

15 and procedures; or (3) the Governor, the General Assembly, or the Office of Policy and Management rescinds, reallocates, or in any way reduces the total amount budgeted for operation of the Part IV. GENERAL CONDITIONS program during the fiscal year for which such funds are withheld, or (4) federal funding reductions result in reallocation of funds. (E) The state agency reserves the right to recoup any deposits, 1. GENERAL DEFINITIONS prior payment, advance payment or down payment made if the (A) “ Department of Labor” or “DOL” as used herein means the contract is terminated by either party. Labor Commissioner of Connecticut. As used herein the term “Department of Labor” or “DOL” shall be synonymous with the 4. CHOICE OF LAW AND CHOICE OF FORUM. The Contractor term “grantor”. agrees to be bound by the law of the State of Connecticut (B) “ Contractor” as used herein means a private profit or non- and the federal government where applicable, and agrees profit corporation company, individual, agency, organization or that the contract shall be governed by, construed, and municipality having an approved “Contract” with the DOL, to enforced in accordance with the laws and court decisions of furnish services. As used herein the term “Contractor” shall be the State of Connecticut without giving effect to its principles synonymous with the term “grantee”. of conflicts of laws. (C) “ Contract” means establishment of a binding legal relationship obligation. As used herein the term “Contract” shall 5. CREDITS AND RIGHTS IN DATA. Unless expressly waived in be synonymous with the terms “agreement” and “grant”. writing by the DOL all documents, reports, and other publications for public distribution during or resulting from 2. EFFECTIVE DATE : This contract shall become effective only as the performances of this contract shall include a statement of the date of signature by the DOL’s authorized official(s) acknowledging the financial support of the state and the and, where applicable, the date of approval by the Attorney department and, where applicable the federal government. General. Upon such execution, this contract shall be deemed All such publications shall be released in conformance with effective for the entire term specified on the contract face applicable federal and state law and all regulations regarding page. confidentiality. Any liability arising from such a release by the Contractor shall be the sole responsibility of the Contractor 3. TERMINATIONS, REALLOCATION, AND/OR REDUCTION and the Contractor shall indemnify the DOL, unless the DOL (A) Termination for Cause – If, for any reason, the Contractor or its agents co-authored said publication and said release is shall fail to fulfill in a timely and proper manner its obligations done with the prior written approval of the Commissioner of under this Contract, or if the Contractor shall violate any of the DOL. Any publication shall contain the following statement: covenants or stipulations under this Contract, the DOL shall “This publication does not express the views of the DOL or thereupon have the right to terminate this agreement by giving the State of Connecticut. The views and opinions expressed written notice to the Contractor of such termination and the are those of the authors.” The Contractor or any of its agents reason therefore specifying the effective date thereof at least (30) shall not copyright data and information obtained under the days before the effective date of such termination. In such event, terms and conditions of this contract, unless expressly all records, assets, property and documents of any nature, authorized in writing by the DOL. The DOL or federal prepared or purchased by the Contractor under this agreement government where applicable shall have the right to publish, shall become available for audit. The Contractor shall not be duplicate, use and disclose all such data in any manner, and relieved of liability to DOL for damages sustained by DOL by virtue may authorize others to do so. The DOL may copyright any of any breach of the agreement by the Contractor, and DOL may data without prior notice to the Contractor. The Contractor withhold any payments to the Contractor for the purpose of set- does not assume any responsibility for the use, publication or off until such time as the exact amount of damages to the DOL is disclosure solely by the DOL of such data. determined. (B) Termination for Convenience – DOL or the Contractor may “ Data” shall mean all results, technical information and terminate this agreement at any time by giving at least thirty (30) materials developed and/or obtained in the performance of days notice in writing to the other party. If the agreement is the services hereunder, including but not limited to all terminated by DOL as provided herein, the Contractor will be paid reports, surveys, plans, charts, recordings (video and/or an amount equal to the costs actually incurred under the contract, sound), pictures, curricula, public awareness or prevention less payments previously made. campaign materials, drawings, analyses, graphic (C) Termination for Reduction or Termination of Funds – The representations, computer programs and printouts, notes state agency reserves the right to cancel the contract without and memoranda, and documents, whether finished or prior notice when the funding for the contract is no longer unfinished, which result from or are prepared in connection available. with the services performed hereunder. (D) Reallocation and/or Reduction – DOL reserves the right to reallocate or reduce the contract award at any time in the event 6. FACILITY STANDARDS AND LICENSING COMPLIANCE. The that: (1) the Contractor deviates from the project plans as DOL may refuse to make payments under the terms of this detailed in the contract; or (2) the Contractor’s expenditure rate is contract for services for any period of the term of this not in compliance with applicable law, regulation, or DOL policies 16 contract during which the Contractor is found to have copy thereof to the Contractor. The decision of DOL shall be violated applicable local and state licensing, zoning, building, final and conclusive. health, fire and safety regulations, ordinances, standards and criteria of pertinent authorities unless the Contractor is 11. PURCHASES formally contesting the authority to require such standards, (A) The Contractor agrees to use its best efforts to obtain all regulations, ordinances, and criteria or unless the Contractor supplies and equipment, for use in the performance of this has submitted a corrective action plan to the DOL and the Contract, at the lowest practical cost. When appropriate, the DOL DOL has approved the plan in writing. will supply equipment costs to the Contractor in order to assist the Contractor in the procurement of supplies and equipment. 7. DEFAULT BY THE CONTRACTOR. If the Contractor defaults as (B) Title to all non-expendable property acquired for the program to or otherwise fails to comply with any of the conditions of with funds from this Contract shall remain in DOL. Non- this contract the DOL may: (a) withhold payments until the expendable property is defined as property which will not be default is resolved to the satisfaction of the DOL; (b) consumed or lose its identity and which costs $1,000.00 or more temporarily or permanently discontinue services under this per unit and is expected to have a useful life of one year or more. contract; (c) require that unexpended funds be returned to The Contractor further agrees to keep a property record inventory the DOL; (d) assign appropriate state personnel to execute by description, model, serial number, and in such other manner the contract until such time as the contractual defaults have and form, and at such time as prescribed by the DOL. been corrected to the satisfaction of the DOL; (e) require that contract funding be used to enter into a sub-contract 12. LEASE EQUIPMENT – ASSIGNABILITY arrangement with a person or persons designated by the DOL (A) The Contractor agrees that in the event it enters into any in order to bring the program into contractual compliance; (f) lease agreement(s) for the use of personal property in terminate the contract; (g) take such other actions of any performance of this Contract with funds provided under this nature whatsoever as may be deemed appropriate for the Contract, the Contractor shall provide DOL with a copy of any and best interests of the state or the program(s) under this all such lease agreement(s) immediately upon the execution of contract or both; or (h) any combination of the above actions. said lease agreement(s). In addition to the rights and remedies to the DOL by this (B) At the direction of the DOL, the Contractor agrees to assign contract, the DOL shall have all others rights and remedies any and all rights and/or interests to said personal property granted to it by law in the event of or default by the provided under such lease agreement(s) to DOL, including, but Contractor under the terms of this contract. not limited to, options to purchase any equipment subject to such lease agreement(s). 8. EXCUSABLE DELAYS (C) DOL shall have the right to direct the Contractor to assign any Except with respect to defaults of subcontractors, the and all rights and/or interests to personal property provided Contractor shall not be in default by reason of any failure in under such lease agreement(s) at any time during the term of this performance of this Contract in accordance with its terms, if Contract. such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. Such 13. FINANCIAL MANAGEMENT SYSTEM causes may include acts of God, fires, floods, etc. but in every The Contractor agrees to maintain a financial management case the failure to perform must be beyond the control and system which will provide accurate, current, and complete without the fault or negligence of the Contractor. disclosure of the financial results of each program funded under this agreement and to submit reports to DOL. 9. DISTRIBUTION OF CONFIDENTIAL INFORMATION The Contractor agrees to maintain the confidentiality of any 14. AUDIT AND RECORDS information regarding applicants, participants, or their (A) The Contractor shall maintain books, records, documents, families which may be obtained through application forms, program and individual service records and other evidence of its interviews, tests, reports from public agencies or counselors, accounting and billing procedures and practices which sufficiently or any other source to the extent provided by law. Without reflect all direct and indirect costs of any nature in the permission of the applicant or participant, such information performance of this contract. shall be divulged only as necessary for purposes related to (B) The Contractor agrees to provide access to the DOL or where performance or evaluation of the contract and to persons applicable, federal agencies, or any of their duly authorized having responsibilities under the contract including those representatives to any books, documents, papers, and records furnishing services, under subcontracts. (including computer records) of the Contractor or subcontractor which are directly pertinent to charges to this contract, in order to 10. DISPUTES conduct audits and examinations, and make excerpts, transcripts, Except as otherwise provided in the Contract, any dispute and photocopies; this right also includes timely and reasonable covering a question of fact arising under this Contract, which access to Contractor’s personnel for the purpose of interviews is not disposed of by agreement, shall be decided by the and discussions related to such documents. Commissioner of DOL or Commissioner’s Designee, who shall (C) The Contractor shall preserve and make available all financial reduce the decision to writing and mail or otherwise furnish a records, supporting documents, statistical records, and all other

17 pertinent records for each funding period for a period of three hundred thousand dollars between a public agency and a person years. The retention period shall start from the date of for the performance of a governmental function shall (1) provide submission of the final expenditure report for that funding period. that the public agency is entitled to receive a copy of records and files related to the performance of the governmental function, The aforementioned records shall be retained beyond the and (2) indicate that such records and files are subject to the prescribed period, if any litigation or audit is begun or if a Freedom of Information Act and may be disclosed by the public claim is instituted involving this contract. In these instances agency pursuant to the Freedom of Information Act. No request the records shall be retained until the litigation, audit or claim to inspect or copy such records or files shall be valid unless the has been finally resolved request is made to the public agency in accordance with the (D) All costs shall be supported by properly executed payrolls, Freedom of Information Act. Any complaint by a person who is time records, invoices, contracts, vouchers or other official denied the right to inspect or copy such records or files shall be documentation evidencing in proper detail the nature and brought to the Freedom of Information Commission in accordance propriety of the charges. All checks, payrolls, invoices, contracts, with the provisions of sections 1-205 and 1-206. vouchers, orders or other accounting documents pertaining in whole or in part to this agreement shall be clearly identified and 15. DELINQUENT REPORTS. The DOL reserves the right to readily accessible. withhold payments for services performed under this (E) The Contractor shall comply with all state and federal contract if the DOL has not received on a timely basis auditing requirements. This includes, unless and to the extent acceptable progress reports, expenditure reports, refunds, specifically exempted by law, the requirement of Conn. Gen. Stat. and/or audits as required for any and all contracts the Section 7-396(a) that the Contractor shall provide for an audit Contractor has entered into with the DOL. acceptable to the Department of Labor as defined in the “Department of Labor Audit Policy” on file at the Department of 16. LITIGATION. The contractor agrees that the sole and Labor. exclusive means for the presentation of any claim against the (F) The Grantee receiving federal funds must comply with the State arising from this contract shall be in accordance with federal Single Audit Act of 1984, P.L. 98-502 and the Amendments Chapter 53 of the Connecticut General Statutes (Claims of 1996, P.L. 104-156. The Grantee receiving state funds must Against the State) and the Contractor further agrees not to comply with the Connecticut General Statutes 7-396a and 396b, initiate legal proceedings in any State or Federal Court in and the State Single Audit Act, 4-230 through 236 inclusive, and addition to, or in lieu of, said Chapter 53 proceedings. regulations promulgated thereunder. The Grantee agrees that all fiscal records pertaining to the project shall be maintained for a The Contractor shall provide written notice to the DOL of any period of not less than three (3) years. Such records will be made litigation that relates to the services directly or indirectly available to the state and/or federal auditors upon request. The financed under this contract or that has the potential to Contractor shall submit the final audit report in accordance with impair the ability of the Contractor to fulfill the terms and applicable schedules to: conditions of this contract, including but not limited to financial, legal or any other situation which may prevent the CT Department of Labor Contractor from meeting its obligations under this contract. Business Management Division Contract Accounting Unit 200 Folly Brook Boulevard 17. LIMITATION OF COST Wethersfield, CT 06109 (A) It is expressly understood and agreed that in no event will the total amount to be paid to the Contractor under this agreement The audit submitted shall be accompanied by a resolution exceed the contract amount set forth on the face page, form DOL- report for all findings cited in the audit. 500(w/wp), of this contract. (B) The Contractor shall conform to the line item category set (G) At any time prior to final payment under this agreement, the forth in Part III Budget Summary, and as to each line item shall DOL may have the invoices and detailed statement of costs expend no more than the amount set forth in said provision, examined. All current and prior payments shall be subject to except upon the written consent of DOL. reduction for amounts found not to constitute an allowable cost. (C) Such funds will generally be made available by DOL to the (H) The Contractor agrees to include in all subcontracts Contractor on a reimbursable basis, for eligible costs which are hereunder, a provision to the effect that the subcontractor agrees defined as being those costs which are necessary and reasonable that the DOL, until the expiration of the record retention period for the proper administration and performance of services to be stipulated in Section 14(C), shall have access to and have the right provided under this Contract. However, if DOL finds that the to examine any directly pertinent books, documents, papers, and Contractor is unable to function on such a basis DOL may provide records of the subcontractor involving transactions related to this funds to the Contractor for eligible costs on either an advance or Contract. working capital advance basis, as prescribed by DOL policy and (I) CGS Sec. 1-218 Certain contracts for performance of procedures. governmental functions. Records and files subject to Freedom of (D) It is expressly understood and agreed that the Contractor Information Act. Each contract in excess of two million five shall maintain ultimate liability for expenditures made under the

18 grant. This provision shall not be construed to limit the in an election for public or party office, (2) any activity to prerogative of the Contractor to pass liability through Contract or provide voters or prospective voters with transportation to written agreement in accordance with paragraph 10. the polls or similar assistance in connection with any such election, or (3) any voter registration activity. In addition, the 18. PAYMENT Contractor further agrees to the limitations of the Hatch Act Payment shall be processed contingent upon receipt of (5USC 1502(a), 18 USC 595) when Federal funds are involved. detailed invoices with any required supportive documentation, subject to review and approval by the 24. PROGRAM REPORTING State. The Contractor agrees to provide, at the request of the DOL, periodic progress reports relating to the general status of 19. ASSIGNABILITY Program Client(s) placed under this contract. The Contractor The Contractor shall not assign, transfer or subcontract any further agrees to respond to any such request with interest in this agreement without prior consent of DOL. reasonable promptness.

20. SEVERANCE OF PROVISIONS 25. LAYOFF CERTIFICATION If any provision of this agreement is held invalid, the The Contractor agrees that no Program Client will be remainder of this agreement shall not be affected thereby if employed pursuant to this agreement in a job from which an such remainder would then continue to conform to the terms employee of said Contractor has been laid off and still holds and requirements of applicable law. recall rights pursuant to a collective bargaining agreement or published employer policy, or where there is no collective 21. AMENDMENTS AND MODIFICATIONS bargaining agreement or policy governing recall rights, that This agreement can be amended or modified at any time the Contractor shall not hire a Program Client for a job from during its term provided that the mutually agreed upon which an employee had been laid off within the past year. changes or additions are written and executed by both (all) parties to the agreement. The Contractor further agrees that it shall not terminate the employment of any of its employees or otherwise reduce its Formal written amendment of the contract is required for workforce with the intention of filling a vacancy so created extensions to the final date of the contract period and to with a Program Client hired pursuant to this agreement. terms and conditions specifically stated in the original contract and any prior amendments, including but not limited 26. ACKNOWLEGEMENT to: The Contractor acknowledges that any Program Client 1. revisions to the maximum contract payment, employed pursuant to this Contract is an employee for state 2. the unit cost of service, and federal labor law purposes. The Contractor agrees to 3. the contract’s objectives, services, or plan, comply with such laws. 4. due dates for reports, 5. completion of objectives or services, and 27. PERFORMANCE AND MONITORING 6. any other contract revisions determined material by the (A) The DOL may make informal visits of reasonable frequency state agency. and duration with advance notice for the purpose of program monitoring and evaluation. Such visits may include the 22. REFUNDS examination of a reasonable number of Program Client files and The Contractor agrees that any refunds, rebates, credits or records. other amounts accruing to or received by the Contractor (B) The DOL shall monitor the Contractor’s overall performance, under this contract shall be paid by the Contractor to the DOL inform the Contractor of any specific program deficiencies, and to the extent that they are properly allocable to costs of make requests for corrective action when necessary. whatever nature claimed to have been incurred and (C) The Contractor agrees to cooperate with the DOL by anticipated to be incurred for the performance of this providing any performance reports or information requested by contract, within sixty (60) calendar days from the termination the DOL for the purposes of evaluating the activities funded by of this contract. this contract. A time schedule for regular reporting will be determined by the DOL. 23. POLITICAL ACTIVITIES No refunds hereunder shall be used for any partisan political 28. WITHHOLDING activity or to further the election or defeat of any candidate The Contractor shall not be relieved of liability to the DOL for for public office; nor shall they be used to provide services or damages sustained by the DOL by virtue of any breach of the for the employment of assignment of personnel in a manner agreement by the Contractor, and the DOL may withhold any supporting or resulting in the identification of programs payments to the Contractor for the purpose of set-off until conducted pursuant to this contract with (1) any partisan or such time as the exact amount of damages to the DOL is non-partisan political activity or any other political activity determined. associated with a candidate, or contending faction or group,

19 29. ASSURANCES For purposes of this Section, the terms "Contract" and For purposes of this Section, the following terms are defined “contract” do not include a contract where each contractor is as follows: (1) a political subdivision of the state, including, but not limited to, a municipality, (2) a quasi-public agency, as i. "Commission" means the Commission on Human Rights defined in Conn. Gen. Stat. Section 1-120, (3) any other state, and Opportunities; including but not limited to any federally recognized Indian ii. "Contract" and “contract” include any extension or tribal governments, as defined in Conn. Gen. Stat. Section 1- modification of the Contract or contract; 267, (4) the federal government, (5) a foreign government, or iii. "Contractor" and “contractor” include any successors or (6) an agency of a subdivision, agency, state or government assigns of the Contractor or contractor; described in the immediately preceding enumerated items iv. "Gender identity or expression" means a person's (1), (2), (3), (4) or (5). gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance (b) (1) The Contractor agrees and warrants that in the or behavior is different from that traditionally associated performance of the Contract such Contractor will not with the person's physiology or assigned sex at birth, discriminate or permit discrimination against any person which gender-related identity can be shown by providing or group of persons on the grounds of race, color, evidence including, but not limited to, medical history, religious creed, age, marital status, national origin, care or treatment of the gender-related identity, ancestry, sex, gender identity or expression, mental consistent and uniform assertion of the gender-related retardation, mental disability or physical disability, identity or any other evidence that the gender-related including, but not limited to, blindness, unless it is shown identity is sincerely held, part of a person's core identity by such Contractor that such disability prevents or not being asserted for an improper purpose. performance of the work involved, in any manner v. “ good faith" means that degree of diligence which a prohibited by the laws of the United States or of the reasonable person would exercise in the performance of State of Connecticut; and the Contractor further agrees legal duties and obligations; to take affirmative action to insure that applicants with vi. "good faith efforts" shall include, but not be limited to, job-related qualifications are employed and that those reasonable initial efforts necessary to comply with employees are treated when employed without regard to statutory or regulatory requirements and additional or their race, color, religious creed, age, marital status, substituted efforts when it is determined that such initial national origin, ancestry, sex, gender identity or efforts will not be sufficient to comply with such expression, mental retardation, mental disability or requirements; physical disability, including, but not limited to, vii. "marital status" means being single, married as blindness, unless it is shown by the Contractor that such recognized by the State of Connecticut, widowed, disability prevents performance of the work involved; separated or divorced; (2) the Contractor agrees, in all solicitations or viii. "mental disability" means one or more mental disorders, advertisements for contract or employees placed by or as defined in the most recent edition of the American on behalf of the Contractor, to state that it is an Psychiatric Association's "Diagnostic and Statistical "affirmative actionequal opportunity employer" in Manual of Mental Disorders", or a record of or regarding accordance with regulations adopted by the Commission; a person as having one or more such disorders; (3) the Contractor agrees to provide each labor union or ix. "minority business enterprise" means any small representative of workers with which the Contractor has contractor or supplier of materials fifty-one percent or a collective bargaining Agreement or other more of the capital stock, if any, or assets of which is understanding and each vendor with which the owned by a person or persons: (1) who are active in the Contractor has a contract or understanding, a notice to daily affairs of the enterprise, (2) who have the power to be provided by the Commission, advising the labor union direct the management and policies of the enterprise, or workers’ representative of the Contractor's and (3) who are members of a minority, as such term is commitments under this section and to post copies of defined in subsection (a) of Connecticut General Statutes the notice in conspicuous places available to employees § 32-9n; and and applicants for employment; (4) the Contractor x. "public works contract" means any agreement between agrees to comply with each provision of this Section and any individual, firm or corporation and the State or any Connecticut General Statutes §§ 46a-68e and 46a-68f political subdivision of the State other than a and with each regulation or relevant order issued by said municipality for construction, rehabilitation, conversion, Commission pursuant to Connecticut General Statutes extension, demolition or repair of a public building, §§ 46a-56, 46a-68e and 46a-68f; and (5) the Contractor highway or other changes or improvements in real agrees to provide the Commission on Human Rights and property, or which is financed in whole or in part by the Opportunities with such information requested by the State, including, but not limited to, matching Commission, and permit access to pertinent books, expenditures, grants, loans, insurance or guarantees. records and accounts, concerning the employment practices and procedures of the Contractor as relate to

20 the provisions of this Section and Connecticut General notice to be provided by the Commission on Human Statutes § 46a-56. If the contract is a public works Rights and Opportunities advising the labor union or contract, the Contractor agrees and warrants that he will workers' representative of the Contractor's make good faith efforts to employ minority business commitments under this section, and to post copies of enterprises as subcontractors and suppliers of materials the notice in conspicuous places available to employees on such public works projects. and applicants for employment; (3) the Contractor agrees to comply with each provision of this section and (c) Determination of the Contractor's good faith efforts with each regulation or relevant order issued by said shall include, but shall not be limited to, the following Commission pursuant to Connecticut General Statutes factors: The Contractor's employment and § 46a-56; and (4) the Contractor agrees to provide the subcontracting policies, patterns and practices; Commission on Human Rights and Opportunities with affirmative advertising, recruitment and training; such information requested by the Commission, and technical assistance activities and such other reasonable permit access to pertinent books, records and accounts, activities or efforts as the Commission may prescribe that concerning the employment practices and procedures of are designed to ensure the participation of minority the Contractor which relate to the provisions of this business enterprises in public works projects. Section and Connecticut General Statutes § 46a-56.

(d) The Contractor shall develop and maintain adequate (h) The Contractor shall include the provisions of the documentation, in a manner prescribed by the foregoing paragraph in every subcontract or purchase Commission, of its good faith efforts. order entered into in order to fulfill any obligation of a contract with the State and such provisions shall be (e) The Contractor shall include the provisions of binding on a subcontractor, vendor or manufacturer subsection (b) of this Section in every subcontract or unless exempted by regulations or orders of the purchase order entered into in order to fulfill any Commission. The Contractor shall take such action with obligation of a contract with the State and such respect to any such subcontract or purchase order as the provisions shall be binding on a subcontractor, vendor or Commission may direct as a means of enforcing such manufacturer unless exempted by regulations or orders provisions including sanctions for noncompliance in of the Commission. The Contractor shall take such action accordance with Connecticut General Statutes § 46a-56; with respect to any such subcontract or purchase order provided, if such Contractor becomes involved in, or is as the Commission may direct as a means of enforcing threatened with, litigation with a subcontractor or such provisions including sanctions for noncompliance in vendor as a result of such direction by the Commission, accordance with Connecticut General Statutes §46a-56; the Contractor may request the State of Connecticut to provided if such Contractor becomes involved in, or is enter into any such litigation or negotiation prior thereto threatened with, litigation with a subcontractor or to protect the interests of the State and the State may so vendor as a result of such direction by the Commission, enter. the Contractor may request the State of Connecticut to enter into any such litigation or negotiation prior thereto 30. Executive Orders to protect the interests of the State and the State may so The contract is subject to the provisions of Executive enter. Order No. 3 of Governor Thomas J. Meskill, promulgated June 16, 1971, concerning labor employment practices, (f) The Contractor agrees to comply with the regulations Executive Order No. 17 of Governor Thomas J. Meskill, referred to in this Section as they exist on the date of this promulgated February 15, 1973, concerning the listing of Contract and as they may be adopted or amended from employment openings and Executive Order No. 16 of time to time during the term of this Contract and any Governor John G. Rowland promulgated August 4, 1999, amendments thereto. concerning violence in the workplace, all of which are incorporated into and are made a part of the contract as (g) (1) The Contractor agrees and warrants that in the if they had been fully set forth in it. At the contractor’s performance of the Contract such Contractor will not request, the client agency shall provide a copy of these discriminate or permit discrimination against any person orders to the contractor. The contract may also be or group of persons on the grounds of sexual orientation, subject to Executive Order 7C of Governor M. Jodi Rell, in any manner prohibited by the laws of the United promulgated July 13, 2006, concerning contracting States or the State of Connecticut, and that employees reforms and Executive Order No. 14 of Governor M. Jodi are treated when employed without regard to their Rell, promulgated April 17, 2006, concerning sexual orientation; (2) the Contractor agrees to provide procurement of cleaning products and services, in each labor union or representative of workers with which accordance with their respective terms and conditions. such Contractor has a collective bargaining Agreement or other contract or understanding and each vendor with 31. Insurance which such Contractor has a contract or understanding, a The contractor shall carry insurance during the term of this

21 contract according to the nature of the work to be performed to “save harmless” the State of Connecticut from any claims, 34. Sovereign Immunity suits or demands that may be asserted against it by reason of The parties acknowledge and agree that nothing in this any act or omission of the contractor, subcontractor or contract shall be construed as a waiver by the DOL of any employees of either the contractor or subcontractor in rights or defenses of sovereign immunity, which it may have providing services of this contract. If DOL requests a copy of had, now has or will have with respect to all matters arising the Certificate(s) of such insurance, it shall be filed with DOL out of this contract. To the extent that this provision conflicts prior to the contractor’s performance of contracted services. with any other provision, this provision shall govern.

35. Campaign Contribution Restriction Provision 32. Whistleblower Provision For all State Contracts as defined in P.A. 07-1 having a value If an officer, employee or appointing authority of a large state in a calendar year of $50,000 or more or a combination or contractor takes or threatens to take any personnel action series of such agreement or contracts having a value of against any employee of the contractor in retaliation for such $100,000 or more, the authorized signatory to this employee’s disclosure of information to the Auditors of Public Agreement expressly knowledge receipt of the State Elections Accounts or the Attorney General under the provisions of Enforcement Commission’s notice advising state contractors subsection (a) of Conn. Gen. Stat. Sec. 4-61dd, the contractor of state campaign contribution and solicitation prohibitions, shall be liable for a civil penalty of not more than five and will inform its principals of the contents of the notice. thousand dollars for each offense, up to a maximum of See SEEC Form 10. twenty per cent of the value of the contract. Each violation shall be a separate and distinct offense and in the case of a 36. Each contract of a state contracting agency shall provide that continuing violation each calendar day’s continuance of the a state contracting agency may, at reasonable times, inspect violation shall be deemed to be a separate and distinct the part of the plant or place of business of a contractor or offense. The executive head of the state or quasi-public any subcontractor which is related to the performance of any agency may request the Attorney General to bring a civil contract awarded, or to be awarded by the state, to ensure action in the superior court for the judicial district of Hartford compliance with the contract. to seek imposition and recovery of such civil penalty. 37. A state contracting agency may audit the books and records 33. Indemnification of a contractor or any subcontractor under any negotiated The contractor shall indemnify, defend and hold harmless the contract or subcontract to the extent that such books and DOL and its successors and assigns from and against all (a) records relate to the performance of such contract or actions, suits, claims, demands, investigations and legal or subcontract. Such books and records shall be maintained by administrative proceedings pending or threatened, whether the contractor for a period of three years from the date of mature, unmatured, contingent, known or unknown, at law final payment under the prime contract and by the or in equity, in any forum (collectively, “claims”) arising in subcontractor for a period of three years from the expiration connection with this contract out of acts of commission or of the subcontract. omission (collectively, the “acts”) by the contractor or any of its members, directors, officers, shareholders, representatives, agents, servants, consultants, employees or any other person or entity with whom the contractor is in privity of oral or written contract (collectively, “contractor Revised May 2015 parties”); (b) liabilities arising in connection with this contract, out of the contractor’s or contractor’s parties acts concerning its or their duties and obligations as set forth in this contract; and (c) damages, losses, costs and expenses, investigative costs and attorneys’ and other professionals’ fees, that may arise out of such claims and/or liabilities.

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