HomeMy WebLinkAboutJustice Court w STATE AGENCY: NYS COMPTROLLER'S NUMBER: 1792830
` New York State Division of Criminal Justice Services (Contract Number)
4 Tower Place
Albany,NY 12203-3702 ORIGINATING AGENCY CODE: 01490
GRANTEE/CONTRACTOR:(Name&Address) TYPE OF PROGRAM(S): Anti-Drug Abuse Act/CHRI
Town of Southold
Town Hall DCJS NUMBER: NC98792830
PO box 1179
Southold,NY 11971
CHARITIES REGISTRATION NO.: INITIAL CONTRACT PERIOD:
FEDERAL TAX IDENTIFICATION NO.: 11-600-1939 FROM: 9/1/99 TO: 8/31/2000
MUNICIPAT Y NO.:(if applicable) y7o37e 100 U 000 FUNDING AMOUNT FOR INITIAL PERIOD: $7,442
STATUS: MULTI-YEAR TERM:(if applicable)
CONTRACTOR IS O OR IS NOT(x)A SECTARIAN ENTITY.
FROM: TO:
CONTRACTOR IS Q OR IS NOT(x)A NOT-FOR-PROFIT
ORGANIZATION.
APPENDICES ATTACHED AND PART OF THIS AGREEMENT:
3C APPENDIX A Standard Clauses required by the Attorney General for all State contracts.
J{ APPENDIX Al Agency-specific Clauses
7C APPENDIX B Budget
X APPENDIX C Payment and Reporting Schedule
}C APPENDIX D Program Workplan
APPENDIX F Guidelines for the Control and Use of Confidential Funds
APPENDIX G Procedural Guidelines for the Control of Surveillance Equipment
APPENDIX X Modification Agreement Form(to accompany modified appendices for changes in term or consideration on an existing
period or for renewal periods)
DCJS-55 Budget Amendment/Grant Extension Request
J{ OTHER(Identify):Certified Assurances&Certification Regarding Lobbying
IN WITNESS THEREOF,the parties hereto have executed or approved this AGREEMENT on the dates below their signatures.'
NYS DIVISION OFC IN CE SE
By: Date:
Gary E.Sc ,Director, f Funding anogram Assistance
State Agency Certification: "In addition to the acceptance of this contract,I also certify that original copies of this signature page will be attached to
all other exact copies of this contract".
G E: \ pC,
By: W C O C. r ?_; Date:
Nam a d Title: Jean W.Cochran,Town Supervisor`
STATE OF NEW YORK)
)ss.
County oGu K01 Ol K, )
On this day of 1 cem6w, 19g9 before me personally came Ij2CAK UV• COC VC(h.to me knownwhowho being duly sworn,did depose
and say that(s)he resides in_SouAAc lcl, NI-Y .that(s)he is the nunor%i�S Oma- of the Tw%n D
1z"llA o U ,the Grantee described in and which executed the fo t it was so executed by the authority of the
Grantee, d that(s)he signed his/he name thereto by like order. � t �
NOTARY MIC,State Of NY
(Notary) 01D04M70-Sdolk County
—1 ftf4ml we wwwd6vWW
ATTORNEY GENERAL'S SIGNATURE STATE COMPTROLLER'S SIGNATURE
Title: Title:
Date: Date:
A
11114
I1 ''
1 F SER Q II
r
r T-
STATE OF NEW YORK
AGREEMENT
This AGREEMENT is hereby made by and between the State of New York agency
(STATE)and the public or private agency(CONTRACTOR) identified on the face page hereof.
WITNESSETH:
WHEREAS, the STATE has the authority to regulate and provide funding for the
establishment and operation of program services and desires to contract with skilled parties
possessing the necessary resources to provide such services; and
WHEREAS, the CONTRACTOR is ready, willing and able to provide such program
services and possesses or can make available all necessary qualified personnel, licenses, facilities
and expertise to perform or have performed the services required pursuant to the terms of this
AGREEMENT;
NOW THEREFORE, in consideration of the promises, responsibilities and covenants
herein, the STATE and the CONTRACTOR agree as follows:
I. Conditions of Agreement
A. This AGREEMENT may consist of successive periods (PERIOD), as specified within
the AGREEMENT or within a subsequent Modification Agreement(s)(Appendix 3).
Each additional or superseding PERIOD shall be on the forms specified by the
particular State agency, and shall be incorporated into this AGREEMENT.
B. Funding for the first PERIOD shall not exceed the funding amount specified on the
face page hereof. Funding for each subsequent PERIOD, if any, shall not exceed the
amount specified in the appropriate appendix for that PERIOD.
C. This AGREEMENT incorporates the face pages attached and all of the marked
appendices identified on the face page hereof
D For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new
appendices, to the extent that any require modification, and a Modification Agreement
(the attached Appendix X is the blank form toabe used) Any terms of this
AGREEM[ENT not modified shall remain in effect for each PERIOD of the
AGREEMENT
1
To modify the AGREEMENT within an existing PERIOD, the parties shall revise or
complete the appropriate appendix form(s). Any change in the amount of consideration to
be paid, or change in the term, is subject to the approval of the Office of the State
Comptroller. Any other modification shall be processed in accordance with agency
guidelines as stated in Appendix Al.
E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The
CONTRACTOR shall provide services and meet the program objectives summarized
in the Program Workplan(Appendix D)in accordance with: provisions of the
AGREEMENT; relevant laws, rules and regulations, administrative and fiscal
guidelines; and where applicable, operating certificates for facilities or licenses for an
activity or program.
F. If the CONTRACTOR enters into subcontracts for the performance of work pursuant
to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts
and omissions of its subcontractors. Nothing in the subcontract shall impair the rights
of the STATE under this AGREEMENT. No contractual relationship shall be deemed
to exist between the subcontractor and the STATE.
G. Appendix A(Standard Clauses as required by the Attorney General for all State
contracts)takes precedence over all other parts of the AGREEMENT.
II. Payment and Reporting
A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's
designated payment office(identified in Appendix C) any appropriate documentation
as required by the Payment and Reporting Schedule(Appendix C)and by agency fiscal
guidelines, in a manner acceptable to the STATE.
B. The STATE shall make payments and any reconciliations in accordance with the
Payment and Reporting Schedule(Appendix Q. The STATE shall pay the
CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not
to exceed the amount noted on the face page hereof or in the respective Appendix
designating the payment amount for that given PERIOD This sum shall not`duplicate
reimbursement from other sources for CONTRACTOR costs and services provided
pursuant to this AGREEMENT
C. The CONTRACTOR shall meet the audit requirements specified by the STATE
p 1 C r E
�iII, Terminations c � -
A. This AGREE\fE"+T may be terminated at any time upon mutual written consent-of
the STATE and the CONTR-%CTOR
2
� z
YR
y a
B The STATE may terminate the AGREEMENT immediately, upon written notice of
termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the
terms and conditions of this AGREEMENT and/or with any laws, rules, regulations,
policies or procedures affecting this AGREEMENT.
C. The STATE may also terminate this AGREEMENT for any reason in accordance with
provisions set forth in Appendix Al.
D. Written notice of termination, where required, shall be sent by personal messenger_
service or by certified mail, return receipt requested. The termination shall be effective
in accordance with the terms of the notice.
E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to
the effective date of any prospective termination, as many outstanding obligations as
possible, and agrees not to incur any new obligations after receipt of the notice
without approval by the STATE.
F. The STATE shall be responsible for payment on claims pursuant to services provided
and costs incurred pursuant to terms of the AGREEMENT. In no event shall the
STATE be liable for expenses and obligations arising from the programs) in this
AGREEMENT after the termination date.
IV. Indemnification
A. The CONTRACTOR shall be solely responsible and answerable in damages for any
and all accidents and/or injuries to persons(including death)or property arising out
or related to the services to be rendered by the CONTRACTOR or its subcontractors
pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold
harmless the STATE and its officers and employees from claims, suits, actions,
damages and costs of every nature arising out of the provision of services pursuant to
this AGREEMENT.
B. The CONTRACTOR is an independent contractor and may neither hold itself out nor
claim to be an officer, employee or subdivision of the STATE nor make any claim,
demand or application to or for any right based upon any different status.
V. PropertX
t' Any equipment,'ftnk, niture, supplies or other property purc .ased purs>aar7 to this ! I f r
AGREE1%1ENT is deemed to be the property of the STATE except as may'otherwise be
governed by Federal or State laws, rules or regulations, or as stated in Appendix Al.
� 2
Y VI. Safeguards for Services and Confidentiality
A. Services performed pursuant to this AGREEMENT are secular in nature and shall be
performed in a manner that does not discriminate on the basis of religious belief, or
promote or discourage adherence to religion in general or particular religious beliefs.
B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan
political activity, or for activities that may influence legislation or the election or defeat
of any candidate for public office.
C. Information relating to individuals who may receive services pursuant to this
AGREEMENT shall be maintained and used only for the purposes intended under the
contract and in conformity with applicable provisions of laws and regulations, or
specified in Appendix Al.
c
r
APPF1dD[7C A subcontr—Ir stall,by reason of race,creed,odor,national
- R ALL
against CU1l1SES L own, age, sex a du xhty. (a) disai�nde in Wring
YORK STATE ES FOR my New Yat Stte aham who is qualified and
availeble to perform the'Cmdq or(b)discriminate against or
inhmidate any employ«hued for the performance d wort
The parties to the attached contract,bcenw, lease, under this Contract. Contractor is subject b linea of SM.00
amendment or other agSeemeat d any kind(laavinela,-the ler Pessoe per day for any violation of Saban 2ZO-e or
conbaer or 'dila centrad) agree to be bound by the Section 239 ar well a possible teiminatioa of this coabad
MIMM Classes which are hereby made a Part d the and teatatme of au moneys due beresda for a second or
contract(the wad T Mbactc� herein refers b nay party arbaequent Violation.
Other than The Stale,whether a Oombador,licenser,lioenne,
kxw,Insane or nay other party): G. If this is a public work
cOMtradnor. by Arf&E d the liar law ora baaI ft
L M ffM(3dI R l a accordance with Seetiae 41of service eOMtrnd conned by Mick 9 tt=4 Mcither
the State Farce taw,the Sloe slhaa here as liabr'W'y ander CaMtracla� osaptoyees Mor the sployaeI d ib
thio contra-- b the COMbaelor or b airy, e dw beyond nabooMtracloes no/be raipirrbd or p rc iifled b work Mhos
tum appopided ad a+an7able for this coatract. them the MSM>ber of bowl or days staled in chid strtaft
2- m IM aecoedanoe with Section Eo 'can� �is the labor law and as ad
138 d-Ihe Stale Fhtanrce law, Ihb ooatnrad P wap and supphamt seiedula awed by
miped by the C musiolm or ib °of not be the Stale lmior DepMrtaant Fksthernoee,COutraClar ad ib
_ eijkt, title or lelhaent stbeonbac- soot pry d W the peeYais�wap ole and
dispeaad d wifioMta t 11-I���'nitre or otherwise par or povide Sha Mnal 6 aMPP�t4�fi �
�v consank iM +d the pesaso ndts kir ova tiee pay,err 1eays 1 by the Stale
Sbre ad may allesopb In awilp the coMtrad withonat the labor Deparbne nt is accordance with dere lobar law.
Stwi written consent ars dna mad raid The COMbmaw
soar.bona" 8643 its right b receive payment without T. NDN-COULISM BMW REOUIMA OIT to
the ales prior written consent wiles this eoabact mmw accordance with Section 139-4 of the SWe liMaeee law,if
fPste4aPmt10 patroa Pt Article 3-A d the I this oontnad was awarded brand � d
The sMbimmoM
billy COebador warrant,ander penally d pwjMry,did ib
bid was wrivad at indep fly and wid I coaasion
3 in accordance with Section aimed at rest i - Coopetition. Coabaclor fnrdher
112 of the Stale Mumice law(or,of this Cantrad is with the warrants that,at the tine Contradae eabaided ib bid,an
Sole Wilts*or Cay L%Mx*d New Yost,Section 333 authorized and sad dadi
responsible person executed sad b
Or SectiOM 6219 Of the Education law), if thio contract the Stats a non-eoUwive bidding certification on Contesctoes
c=01111 S10#000(or the sinisotw llmesholdr sgreed to by behalf.
the Once of the Stale COmphoaa for certain S.U.N.Y.and
CU.N.Y. contracts), or if this is an anw dment for any 6. INIfBNAtiONAI llOYOORT PItDHmtFION. to
#®Dunt b a ooabad which,n so amended,exceeds nit accordance with Sedum 2204 of the labor Law and Section
Adwory aMtanMt,or if,by this eaMfraet.the Stale
to 139-b of the Stale f1mmo a law, if this caMtrrd sacme I
Sive mmethimg Oiler than =mq who the value or S3Q00,the COnbador aaners,n a MMiWW=MditiaM d dhe
reamaably ealimided valie of wKh comsiderafin exceeds owbut,that Mather the COMbaclor Mor any x d mel*
SIOA00,it shad ad be Y"dtnective or bind qm the Owned or af6lialyd per.firm,PalmershiP or corporation
Stale u0 it has bosh aPlxOv by the Stab Camliftota and has participoled,is PaeIi'I 'int,or shad partieipale is an
filed in his offim international boycdt is vidaboa d the federal EWort
Administration Act d 1979(30 USC App.Sectiones 2401 et
4 . In accordance seq.)or repladona thas9ndw. N such Contractor,or any d
with Section 142 d the State Phnance law,this contract Shell the aforesaid alfiliato of Contractor, is convicted or is
be void and d no force and effect unless the Contractor Shall otherwise found to have violated said termor or regubdioms
Provide and maintain Coverage dunpa the life d this upon the find determination of the United Stales Commerce
centrad for the benefit of such employees as are aegadsed b Department or Cay other appropriate agcoq of the United
be Ooveied by the prwnisions d the Workerd Compauation Starts subsequent to the contivis execution,such contract,
LEW' ameodmeat or modification thereto shall be rendered forfeit
and void The Con-rss:tor sba so notify, the State
3 - Ie accordance CCsopboUw within five(3)busioaa days d such aonVictiO.,
with Article 13 of the Executive law (dw known as the detonation or disposition dapped(2NYCRK 109.4).
Human Rights law)and an other Stile and Federal stdmbq
and Constitutiomd shoMduaimiutiran provisions, the 9.SET-OFF RIG FfiS The Sole shell have all of its coon
COMbaelar WM rot daaQismb Wind any mapbyee or I—,equitable and stahgay rW*of ad-A 7b=nghb
applicant for enapbytMeat because of race,creed,Color,sex, stud include,but not be lisoiled b, the awe's option b
naboad or o, age, dimilid!y or mmig statum vnthhoid nor the
purpaes of ad-OIF any moseys due to the
FWthaimore,in accordance with Seetice 220-e of the labor COntnador oder this contract up to nay moots due and
law,it this is a contract for the constrncdm,alteration or owing to the Stale with reg"to this contract,coy Other
repair d nay public bUildil t or p ibfie wort or for the Contract with say Stats department or
manufachue,sale or dnsenbutiom d materiels,equipment or contract for a term commeS�g prior the this f
supplies, and b the extent that this contract shall be contract,plus any amoumb due and ami b the Stale for
performed within the Stale d mew Yon,Contractor agras ury other reason includim without limitdwd, tax
that neither it nor atr subooatractoms shall,by reason d eacq delinquencies, tee Mi or or mantory penalties
cieed, cobs, disability, sex+ or national origin: (a) re alive thado. The State shall exercise rbc set-off rights i®
disQi®eats in 6W ;ger my New York State ahizen accordance with normal State pracbm including,in cases d
who is qualified and avulelbie to perform the wort,or (b) set-off Pursuant to an audit,the finalization d such audit by,
disaiminale against or intimidate nay employee hired for the the State agency,its representatives,or the State Comptrolla.
performance of wort under this contract. U this is a building
service contract in defined w coction 230 d the tabor taw, 10 UQQBZ. The Contractor sial)establish and maintain
then, in accordance with Section 239 thereat, Contractor complete and accurate books,records,documents,amounts
agt-,es that natio it nor its rad other endence du=tly perhnant to performance under
tan contract (h wmfter,cdkchvely,`.'.sae Recordsj. The
Records must be kept for the balance of the calendar year in
Page 1
,l whxh they wee made and The six (6) additional Years replacement,ayor rear or renovation ca real property and
thereafter. The State Comptroller,the Attorney General slid improvements thereon for such project,then:
my other person or entity authorized m conduct an
examu ation,as well ar the agency or agencies involved m (a) The Contractor will not discrsminatc against employees
thu contract,shah hot access to the Records dung normal or applicants fa employment because of.race,creed,Cola,
office business boars at an d the Contractor within the State national orW,shot,age,disability a maW status,and will
d New Yak or,if no such office is available,at a mutually undertake or continue existing programs Of diet15trve
ayerable and sea ad*venae within the Stele,for the tem acboa to ensure that minority group mambas sad women
specified sham for the parpoaea d inspection auditing and are elkeded equal employment opportmitin without
Copyat= 7W State*A tate teaseeabk steps to pealed baa disaimmailsoe. Atfrsrnatnrc action akar mean I'VOWtmmt,
dr io !•der Section 37�ee Pablic Officers Leer(tie demotion,transfer,layufr letmtnatior sed rIVIN 0(PEY Or
'Skdoft9 ptaovided that Q the Conlradar sfrdl fim* otherformsdCaopssedon;
mioet•m IFF -F Stele wind,a writing, tine aid
reCa b dwsld awl be G=1osed;ad W mid reoads call be fb) >t tie request d tie Costrrdisg agency,the CCstrscior
mdgdmdy and W der*u im d acid reooeds as i-.!! mgsnt seek epfoya d agent,, latae saios, or
eaass"sada the Stable is reasonable. Nothing contented authorized representative of warbas with which it has a
farm Tian dianiniai,or is say way adversely elect,the Coag Live bmrSainiag or aha Sro®ent Cr rudt:yteoaies,
Stele's r&In discovery a nary pmdt or bsbsre lidgation. b Punish a written Ademmt that such a 4110017,
labor union or rgxumtative win sed dstriaaimale on the
11. •mNG lMORMATiON AND PWACY basis of race,creed,color,national orlgia,sts,ale;d kft
HT1. W FEDERAL EMMOM IDUMFICA71ON or medial"a sed that sock taioe or rte M.We"
NLWU and/or F1 DUAL SOCIAL SOCUUM NLIAUER An sffM ti'* coopaak is tie impfem staffers of the
iev or New Yak Step dasdsd vouchers sobaitied for costraclot's d*gzdoas herein;and
psyoons for the sale of goods or services or the lease of real
a personal property to a New Yak Sisk agency most (c) the Coatracbr shad state, in all solicitations or
kaats idmbficsti a 7be mmd r crabs the Stele contract,an ghWiW applicants will be dfo dee equal
payees Pedad esepioyes identificmim number or Federal employment oppoAanitir ithout ditautisatioe because d
sial swevily stems,or both such a , who the race, creed, color, a&" origin, ars, rte, disbhlity or
payee has both such eaasnas. Falhae b include this number mmitd statm
or sansbers any delay primoL Where the payee does not
have such asmisa or eais, the pryae,on its invoice or Ceatrador will isdude the provisions of'e,le,sad "e
New Yak Stele standard voucher,sad give We erases or above, is every subcontract over 5231000.00 for the
reasons why the payee does sot have such acerber or teaonrarioe, P �, deffan d red ProPy said
members
iasprvvesoab Weeoe(the'WCro except who tie Work
- (b)PWALY NMWATK)K (1) Tie aathaity to request is forthe beneficid ase d the Castraclor. Section 312 don
the dtase personal information baa a sella d goods or not apply roe 01 work,goods or sesviors uv eleled In dtis
servion or a lessor of real or persona property, sed the Contract;or W emhpfopoeat outside New York Stdr,or GO
authority to maintain each idorsastios,is found m Section 3 bank*je viece,insursoce policies or the sale d securities.
of the Stale Tar:Law. Disclosure d Wks mWamboe by the The State can consider eompliaece by a contractor or
sella or lector to the Stele is mandatory. The principal subcoattectoe with the requirements of my hdwg law
purpose for which the informatics a collected a to endue coacmmg equal employment Cpportunity which dectumes
the Stele to identify individuals,Waneses and others who the purpose of this section The contracting agency ahall
have bee delinquent in filing tax returns a may have determine whether the impasitioa of tine requirements of the
understaled Wrir tax futilities and to generally denhfy proviront berod duplicate or cmulict with bey such federal
persons affected by the taxes administered by the law and if each duplication or conflict exists,the coetractigg
Came isiooa otTaxation sad Finance The information will agency shill waive the spplicability d Section 312 to-the
be used for ten adesisithntios purposes and for sty other a.tmt of such duplication or conflict. Contractor will
parpoae adiorezad by law. com* with sn day promulgated and lawfsal risks and
reguUboss d the Gwrerows Office of Minority sod
(2) The personal isformofm is requested by the purchasing Wasoen's easiness Development pertsieiN19 baelo
halt d the agency Contracting to purchase the goods or
services or lose the real or personal propetty covered by this 1 S. In the event of a conflict between
coated or kase. The intocmatioe is maintained in New the terms of the contract(including bey sed a0 attachments
Yak StoWs Central ACoo:ahag Sy-Am by the Director of theeb and amendment the eoi) aid the tans of this
Stale ACeoasts, Offsoe of tie State CCmptroUer, AFSOB, Appendix A,the firms of this Appendix A shall ceetr oL
Albany,New York 12736
14.C'7V�LAW. 'ibis contract slhall be governed by
1Z. EQUAL ENVIDYAENT OFPORilINifIES FOR the laws at the State of New York except who the Federal
MJNORfi1FS AND WOMEN. leaccwsdsnce withSection S 1 Z supremacy cease requires otherwise
a( the Execs ive Law, if this contract is: (i) a wripm
W or pruciase jorder mstrumea4 providing for_a 15.ek,PA . Timeliness d payment and ay interest
excess d 123,000 W, wheebjr a b be paid b Contracts for late payment shall be governed
sgeeiy r oommntfed to expend,,or does expend by Artick XI-A ot the State Fluence Law to the extent ,
funds in return for liber, services, supplies, equipment, required by law.
materials or bey comhmsbon of the foregoing, to be
performed for.or rendered or furnished to the contracting 16 Na ARBffgATiON. Disputes involving this contract,
agency-,or Gel)a written agreement m ULM d S 100 0.00 including the breach or alleged breach thereof,may not be
Whereby a Coetradug agency is comrmtted b expend a submitted to budrng arbitration (except where s:atutor*
don expend funds for the acqucaitioo, eorutrncbea, aithottted), but must, instead, be heard in a court of
demohtm,rgAsca=t,myor tepmr or renovators of real cCmpeteit;htnsdicfion of rix State of New York.
property aid hmp"NTn%C nts thereon; a (w) a Wnttea
agreement nn excess of S100j?W 00 whereby the owner d a 17. SERVICE Of PROCESS. In addition to the methods of
Stale assisted housing prosect u committed to expend a does service allawed by the State Ccvil Practice law t Rules
expend funds for the acquLabon,construction, denwlibon, ("CpLn, Contractor hereby consents to service of process
Date
upon it by regiAered or certified mail, return receipt W The Contractor has made reasonable effort to encourage
requested. Servrce hereunder shall be complete upon the patbapahea of New York Stawflunnew Faterprism as
Contractor's actual receipt of process or upon the State's wpplim and subcontracton, including ratified mraocnty
receipt of the return thereo( by the United State Rand and women-awned bunnes enterprises,on thu protect,and
Service as refused or un&bvad& Contractor must has retained the dommeaUtion of these efforb to be
promptly notify the Stale, in wnbn& of each and every provided upon request to the State;
change o(adders b which service d protan can be made.
Service by the Stale b the last knows addles shall be (b) The Contractor has complied with the Federal Equal
w+}6cient. Contacbc will have thirty (30) calendar drys Opportunity Ad of 1972(P.L 92-261),a amended•,
afro sa V ho eunder is compick in which to rapoed
(e) T>,e Camtracbr sgeoa b rake teaaoeabk effaeb to
l3. F2OMf WN ON A ttlr HASE OF T1eOPICAL provide sofif cs in to Near Yarn Stale rani I I of
J�Q .
710C , -rim oertA and wassail that all espFoymat oppar4uitia as"his project tlhtor%-softaQ7
wood prodmcta b be used oder tris ouauI—ad will be mock poski ms with the Job Senior Division d the New Yak
in aornrdaoe with,bot not boiled br the rpmd6aeiono nd Sisk Depetmeo of labs,or prori ft such mofifralin in
prowwoms of Stria FbMa law §165. (Ile d Tropical sari neer err is causided with existihtg aoeectiwe
Hardwoods)whit!+ I ,hi- purehaae and mm of hopiral beramieing oomtracI or ishmeras. The Ceatradw surae
berdwoody imlem spea6uUr esraplid,by the Stine or any b document tree dlorb and b porde and docsimmildin
Srrwasmalal agscy or political subdivision or public b the State upon regmeat rid
beset3t ooeparatiau Qoali6atim for an esemplin under (d)The Camtraebr schwwfedre notice that the State may
thin law wi be the raposnbi ty of the comlrador b seel:to obtaim offed P M iron faeip cootrie an a rent
eahbbish b Muni with the approval of fig Stale. of this ooetrad and assert b aooperale with the Stale fm
these dim
In addition,when aq portion of this onmtrad iOwdnq the
M of woods, whether supply or esfa6atioe, u b be 21. araFROM MD SANG IM snc7f►LtiONS_Bidden
pertamid by any mrbomtraclr,the prime Cantracl oc win are baeby notified that if tlrer l ie rig place of busimm it
indicate mud certify in the sbmiad bid propoed tut the located im a Ade That ptahatiae New Yak Stile vmdon,and
sbconksaw has been Wamed and is in complisom with if the goods or services trey otter will be sobstamtia0y
spa36roh ms and provisions fcgo 'ntg an of hopicd produced or performed ouWde New Yank Stale,the 0nm1-,
hardwoods a detailed is 1165 State rWAM law.Any such hm=remmt Ad 1994 ameandmeab(CFupter 6'841,laws d
use must meet with the approval of tee Stalr,othawue,the 1994) rapdre that they be denied contract which they
bid nay act be considered r, F,—G c Under bidder would othawuc obtam. NaM New Mterioo,L Carolina,
certi6dions,plod d quali kation fa amepfiom will be the Aloka, W. Yuaisia, Otdalmma, Montana, 1Myuomie{B,
respoaubility d the Contractor b mid with the apprvvai of Iauiwma and Hawau are the ode currently subject to this
the Stats praviiou
--., 19. MACSUX FAIR EMPLOYMENT PRINCIPIM In
' accordance with the MacBride Fir Employment Psi ciplea
�- (C7hapta 307 of the Laws d 1992),the Contractor hereby
stipolalm tut the CamtrrcI ether (a) has no buaoes Devised January 19%
operations io Northers hdw4 a(h)stun taloa lawfn*p
is good faith b corded any busines operations in Northers
hdmd im accordance with the MacBride Fir Employment
principle(as dumbed im Section 163 d the New York Shore
lFissoce taw),and shall permit independent mositocing of
compliance with mach FmopkL
20. OMNIBUS PROCUREMENT ACT Of 1992. It is the
policy of New Yak State In nui•,"T•opportunities for the
participation of New York State bunnhew enterprises,
includigg minority and women-owned hnimm enterprises
err bidders,smbeoetnclon and suppliers an ib procurement
oostrads.
lnformatiiom as the availability of New York Stale
-beestracbn and sappfien is available five
NYS Depmfment of Ecmomic Development
Diviaiom for Seal)Sonars
One U mn Hare
Many,New York IZ245
Pbomc (318)474-7756 Fat (518)486-6416
A direptory d minority and womeo-owned business
{
tabu pt is avail"fors
NYS Department of Economic Development "
Minority and Women's busines Development Div.
One Commerce F727a
Albany,New York 12245
Pbooe (318)474-6346 Fa>c (518)473-0663
The Omnibus Ptmu ment Act of 1992 require that by
vgniahg thn bd proposal or contract, u applicable,
CostrwAon acetify that whenever the tool bid amount u
grader than 31 million:
page 3
L
r'
DC]S-1998-(3/9)
APPENDIX Al
AGENCY-SPECIFIC CLAUSES
1. If this Agreement exceeds $10,000, it shad not take effect until it is executed by the
Parties hereto and approved by the Attorney General and the Comptroller of the State of New
York. If this Agreement is for$10,000 or less, it shall not take effect until it is executed by
both parties.
2. This Agreement sets forth the entire understanding of the parties and may not be altered or
amended except in writing and signed by the parties hereto. The parties agree, however, that
DOS may unilaterally amend only the following sections of the DCJS-55 form, BudgeI
Amendment/ nnt Ex n Rte (DCJS-55), to insure accuracy and completeness:
identification of Federal Funds or State Funds; #2. County; #3. Contract No.; #4.
Implementing Agency; #5. DCJS No.; V. Project Title; #9. Date of Last Approved Request;
#10. Contract Duration; and A. Approved Project Budget. DCJS shall initial such
amendment(s) and shall provide Grantee with a copy of the corrected DCJS-55 that was
unilaterally amended by DCJS.
3. Forbearance on the part of either party shall not constitute a waiver of any term requiring
performance by the parties hereunder.
4. In the event that any provision of this Agreement is determined to be null and void, all
remaining provisions shall continue to be in full force and effect.
5. The Grantee must notify DCJS in writing of any change in the number, title,job duties or
rate of remuneration of project staff which changes the Personal Services Project Budget line
by 10 percent or under. Any change in the number, title, job duties or rate of remuneration of
project staff which changes the Project Budget line more than 10 percent must be approved in
writing by DCJS prior to implementation. The Grantee agrees to provide DCJS with resumes
for project staff upon request.
6. Budget amendments are governed as follows:
A. The Grantee is not permitted to interchange funds between Personal Service and
Non-Personal Service budget categories without the prior written permission of
DCJS.
B. A Grantee seeking Eo modify Non-Personal Service budget categories by more
than 20 percent of the total funds budgeted in a category must secure the prior
written permission of DCJS. A DCJS-55 setting forth the proposed amendment
must be submitted to and approved by DCJS before the next voucher and/or fiscal
cost report will be apprrned
s -
1
` x
Cy
C. Advance approval by DCJS is not required for Non-Personal Service budget
changes which are less than 20 percent. A letter signed by the Chief Executive
Officer authorizing these changes however, must be submitted to DCJS prior to
the termination of the Agreement.
7. Any change in the amount and/or purpose of a request for advance funds or advanced
funds must be approved by DCJS prior to the submission of the voucher or the expenditure of
funds, respectively. In addition, all conditions of section 6 apply to advances.
8. Space rental provided by this Agreement must be supported by a written lease, a copy of
which must be submitted to DCJS.
9. Reimbursement for travel, meals, or lodging expenses shall not exceed-rates authorized by
the Office of the State Comptroller or the local government jurisdiction in which the program
operates.
10. Employment of any consultant must be suppotted by a written agreement submitted to and
approved by DCJS prior to its execution, as follows:
A. "Sole Source" or "single source" consultants retained without competitive bidding
must be justified in writing and be in accordance with the guidelines, bulletins
and regulations of the Office of the State Comptroller, State Procurement Council
and/or the U.S. Department of Justice, where required.
B. Requests for Proposals (RFP) must be submitted to DCJS for approval prior to
dissemination for competitive bids.
11. A Except as otherwise expressly permitted by law, all procurements by a Grantee
that is a State agency shall be made in accordance with State Finance Law Article
11.
B. Except as otherwise expressly permitted by law, all procurements by a Grantee
that is a local government shall be made in accordance with General Municipal
Law Article 5-A.
C. Except as otherwise expressly permitted by law, all procurements by a Grantee,
other than those that are a State agency or local government, shall be made in
accordance with the following requirements. The purchase of goods or services
in excess of$10,000 must be awarded to the lowest responsible bidder after
advertisement for sealed bids. A Grantee spendrni;, in the aggregate, $5,000 to
$9,999 to purchase any single piece of equipment,'single service or multiples of
the same or similar type of equipment or service must secure at least three written
quotes on the vendor's stationery and submit such quotes to DCJS with the
voucher. A Grantee spending, in the aggregate, $501 to $1,999 to purchase any
single piece of equipment, single service or multiples of the same or similar type
2
of equipment or service must secure at least three telephone quotes and submit
written documentation of such quotes to DCJS with the voucher. A sole quote
vendor for a product or service is acceptable upon written justification submitted
to, and with prior written approval of, DCJS. If the Grantee qualifies and is
eligible to purchase a item/service from a government contact or is able to
purchase that item/service elsewhere at a lower than or equal price, then such
purchase may be made immediately. Written justification for such purchase shall
accompany the voucher for reimbursement.
12. All equipment purchased with funds provided by this Agreement shall be assigned a
unique inventory number. The Grantee shall list all equipment purchased with such funds on
Equipment Inventory Reports prescribed by DCJS and submit such reports to DCJS within 30
days from the close of the reporting period during which the equipment was received.
13. The Grantee shall retain custody of any equipment purchased from grant funds available
during the period this Agreement is in effect. Upon termination of this Agreement, the
Grantee may request in writing to own the equipment for which continued use is sought when
it files its final programmatic report. The Grantee shall return to the State any equipment for
which continued use is not sought or dispose of such equipment in accordance with DCJS
instructions. Continued use of equipment shall also be in accordance with conditions, if any,
set forth by the State or DCJS and subject to taking possession thereof by the State.
14. Grant funds may be expended only for purposes and activities set forth in this Agreement.
Accordingly, the most important single requirement of accounting for this grant is the
complete and accurate documentation of grant expenditures. If a computerized accounting
system is utilized and, the Grantee receives funding from two or more sources, all necessary
steps must be taken to ensure that grant-related transactions are not commingled. This
includes, but is not limited to, the establishment of unique budget codes, a separate cost
center, or a separate chart of accounts. If a manual (non-computerizcd) bookkeeping system is
utilized, and the Grantee receives funding from two or more sources, the Grantee has the
option of using a separate checking account for the purpose of segregating grant-related
transactions. In all instances, expenditures recorded in these accounting systems must be
cross-referenced to supporting source documents (purchase orders, contracts, real estate leases,
invoices, vouchers, etc.). Grantee agrees it shall maintain adequate internal controls and
adhere to Governmental Generally Accepted Accounting Principles or Generally Accepted
Accounting Principles for Not-for-Profit Organizations.
A. This grant may be.subject to an on-site audit by DCJS to ensure funds are being
spent properly. DCJS will look for a logical series of records showing the time,
manner, and�segoence in which allowable costs (funded and matching) have been
incurred, and 'project operations have been carried out.
15. Where advance payments were approved by DCJS. the Grantee agrees to expend the
advance payments in accordance with the purposes set forth in Appendix D. The Grantee
further agrees to provide v�uC"e;>. anal iilcr r�{uireci Documentation, supporting the
3
w , '
expenditure of the advance payments. Vouchers for advance payments for the purchase of
equipment, furniture, materials and supplies must be supported by a copy of the purchase
order. Where no such purchase order system exists, a copy of a letter from the Grantee to the
vendor on Grantee stationery stating that the Grantee agrees to purchase the equipment
(specified in the letter, corresponding to the bid/quote) at the quoted price upon receipt of the
grant funds from DCJS. The letter shall be signed by the chief executive officer.
16. DCJS reserves the right to suspend program funds if the Grantee is found to be in
noncompliance with the provisions of this Agreement or, if the Grantee or principals of the
Grantee are under investigation by a New York State or local law enforcement agency for
noncompliance with State or Federal laws or regulatory provisions or, if in DCJS'judgment,
the services provided by the Grantee under the Agreement are unsatisfactory or untimely.
DCJS shall provide the Grantee with written notice of noncompliance. Upon the Grantee's
failure to correct or comply with the written notice by DCJS, DCJS reserves the right to
terminate this Agreement, recoup funds and recover any assets purchased with the proceeds of
this Agreement.
17. The Grantee agrees, as a material condition of the Agreement, to comply with all
applicable provisions of the Hatch Act (5 U.S.C. §§1501 et seq.) as amended.
18. Program income earned by the Grantee during the funding period as a direct result of the
grant award must be repotted in writing to DCJS, in addition to any other statutory reporting
requirements. This includes income received from seized and forfeited assets and cash, as well
as: sale of grant purchased property; royalties; fees for services; and registration/tuition fees.
Interest earned on grant funds is.IIS program income. The Grantee agrees to report the receipt
and expenditures of grant program income to DCJS with quarterly program progress reports
using DCJS Grantee Program Income/Asset Forfeiture Quarterly Reports. All income,
including interest, generated by the use of these grant funds will be used to reduce grant costs
or to enhance the grant project upon prior approval by DCJS.
19. If applicable, the Grantee agrees to obtain not-for-profit status, a federal identification
number, and a charitable registration number (or a declaration of exemption) and to furnish
DCJS with this information as soon as it is available.
20. Unless otherwise specified, in accordance with the State Fina:,,,,, W, the availability of
all State funds for liabilities already incurred thereunder shall cease on September 15 of the
year following the fiscal year in which the funds were appropriated, unless such funds are
reappropriated by the New York State Legislature. To insure payment, vouchers must be
received by DCJS by August 15 of the year following the fiscal year in which the funds were
appropriated. ; �.
4
I' P
21. The Grantee will submit program progress reports and one final report to DCJS on a
prescribed'form provided by DCJS and additional information or amended data as required.
A. Program progress reports will be due within 45 days of the last day of each
4
' y
'�. calendar quarter or on an alternate schedule as prescribed in Appendix D. The first
program progress report will be due within 45 days of the last day of the calendar
quarter in which the first charge against the funds subject to this Agreement shall
have been made.
Program progress reports thereafter will continue to be made until such time as the
funds subject to this Agreement are no longer available, have been accounted for,
and/or thmughmnt the Agreement nerina nr i,,rnt;nn
Calendar quarters, for the purposes of making program progress reports, shall be as
follows:
Report Due
FPEJaE7nuarylarch 31 Ma 15
. r - ure 3n 15
Jul 1 - September 30 November 15
October 1 - December 31 February 15
B. The final report or where applicable interim progress reports, will summarize the
project's achievements as well as describe activities for that quarter.
22. If for any reason the State of New York or the federal government terminates its
appropriation through DCJS or fails to pay the full amount of the allocation for the operation
of this program, this Agreement may be terminated or reduced at the discretion of DCJS,
provided that no such reduction or termination shall apply to allowable costs already incurred
by the Grantee where funds are available to DCJS for payment of such costs. Upon
termination or reduction of the grant agreement, all remaining funds paid to the Grantee that
are not subject to allowable costs already incurred by the Grantee shall be returned to DCJS.
In any event, no liability shall be incurred by DCJS or by the State of New York beyond
monies available for the purposes of this Agreement.
23. If Appendix B, Program Budget, makes provisions for overtime payment, the Grantee
agrees to submit vouchers for such payment of overtime charges within 30 days or during the
next quarter. The Granted further agrees to limit overtime earnings to no more than 15
percent (15%) of the employee's annual personnel cost (salary plus fringe benefits) during the
term of,this Agreement. No reimbursements for overtime charges in excess of this 15 percent
05%) I=imit will be made unless prior written approval has been-obtained from DCJS.
24. If this Agreement makes provisions for the Grantee to subgrant funds to other recipients,
Subgrantees must be held accountable by the Grantee for all terms and conditions set forth in
5
this Agreement. The Grantee will not be reimbursed for subgranted funds unless all
expenditures by Subgrantees are fully supported by backup documentation required under this
Agreement and are programmatically consistent with the goals and objectives of this
Agreement.
25. In accordance with federal requirements, a Grantee receiving more than $300,000 of
federal pass-through funds from all sources including this Agreement, must agree to have an
independent audit of such funds conducted in accordance with the Federal Office of
Management and Budget (OMB) Circular A-133. The Grantee further agrees to provide one
copy of the applicable audit report to DCJS within 30 days after the completion of the final
version of the audit report.
26. Any creative or literary work developed cr commissioned by the Grantee with grant
support provided by DCJS shall become the property of DCJS, entitling DCJS to assert a
copyright therein, unless the parties have expressly agreed otherwise in a written instrument
u1 uiG/ll.
A. If DCJS shares its right to copyright such work with the Grantee, DCJS reserves
a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use: (a) the copyright in any work
developed under a grant, subgrant, or contract under a grant or subgrant; and (b)
any rights of copyright to which a Grantee, Subgrantee, or a Contractor
purchases ownership with grant support.
B. If the grant support provided by DCJS is federally sponsored, the federal
awarding agency also reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use: (a)
the copyright in any work development under a grant, subgrant or contract under
a grant or subgrant; and (b) any rights of copyright to which a Grantee,
Subgrantee, or a Contractor purchases ownership with such grant support.
C. The Grantee shall submit one copy of all reports and publications resulting from
this Agreement to DCJS. Any publications must contain the following statement,
in visible print, on the front cover of any document generated pursuant to a grant
administered by DCJS:
This project was supported by a grant administered by the New York
State Division of Criminal Justice Sen ices. P,�ints of view;;in this
document are those of'ihe author and do not necessarilyrepr sent the
OWncial oosirion or volicies of the Division of Criminal Justice Services:
h
27. For all Grantee's staff whose salaries are paid in whole or in part from grant funds
provided under this Agreement, the Grantee shall maintain a time recording system which
shows the time devoted to the grant project. This system shall consist of time sheets,
computerized workload distribution reports, or equivalent systems. in -" "'Stances, the time
devoted to grant activities must be determinable and verifiable by DCJS. If time sheets are
used, it must be signed by the individual and countersigned by the individual's supervisor in a
higher 1PvP1 „ocition at the (-nd of e?ch rime-rPporting period.
28. Original records must be retained for six years following the submission of the final claim
against this Agreement. In the event of a fiscal audit, the project manager or a designated
responsible party must be prepared to produce source documents that substantiate claimed -
expenditures. DCJS requires that all documentation materials be organized, readily accessible,
and cross-referenced to the fiscal cost reports previously submitted. If fiscal records, such as
purchase orders, vouchers, payroll registers, payroll tax records, etc., are to be kept in a fiscal
office which is separate and apart from the program office, the project manager must have
copies or access to these ;ec ,rds. Sach fiscal records must zeda) Ideralfy the taav, .&wt;
project. In addition, a separate set of records must be retained for each project year.
29. Grant-related expenditures shall be reported on fiscal cost reports and expenditure
summary certifications provided by DCJS. These reports must be prepared periodically as
defined in Appendix C of this Agreement. All reported expenditures must reconcile to the
program accounting records. Prior period adjustments shall be reported in the same
accounting period that the correction was made.
ti
7
APPENDIX B
STATE OF NEW YORK
Division of Criminal Justice Services
PROJECT BUDGET
Project Duration 12 Months
DCJS No. NC98792830 From 8/1/99 To 7/31/00
FEDERAL MATCHING
BUDGET ITEMS FUNDS FUNDS
A. Personnel
N/A
Sub-Total
B. Fringe Benefits
N/A
f=
Sub-Total
1
DCJS No. NC98792830
FEDERAL MATCHING
BUDGET ITEMS FUNDS FUNDS
C. Consultant Services*
N/A
Sub-Total
*Requires prior approval from DCJS and must meet all federal and state guidelines.
D. Equipment
(3) Pentium computers meeting (DCJS) minimum $4,500 $1,500
standards
OCA Certified software court management 2,942 980
Sub-Total $7,442 $2,480
E. Supplies
N/A
Sub-Total
2
k
J
DOS No. NC98792830
FEDERAL MATCHING
BUDGET ITEMS FUNDS FUNDS
F. Travel & Subsistence
N/A
Sub-Total
G. Rental of Facilities
N/A
Sub-Total
H. Alterations & Renovations
N/A
Sub-Total
3
DCJS No. NC98792830
FEDERAL MATCHING
BUDGET ITEMS FUNDS FUNDS
I. All Other Expenses
N/A
Sub-Total
BUDGET SUMMARY
FEDERAL CASH MATCHING TOTAL PROJECT
FUNDS FUNDS FUNDS
$7,442 $2,480 $9,922
75% 25% 100%
4
DCJS-1996(1024)
APPENDIX C
PAYMENT AND REPORTING SCHEDULE
NOTE: Additional payment provisions associated with the schedule(s) below are detailed in
Appendix A-1.
For All Grantees:
1. Grantees must submit all required fiscal reports, supporting documentation and program progress
reports. Failures to meet these requirements will result in the rejection of associated vouchers. Failure
to submit the final program report or where applicable, when an interim progress report satisfies the
requirements of a final report, will result in a disallowance of 25 percent(25%) of the grant amount.
The Grantee must also refund any unexpended advances.
2. Vouchers shall be submitted in a format acceptable to DCJS and the Office of the State
Comptroller. Vouchers submitted for payment shall be deemed to be a certification that the payments
requested are in accordance with the items and grant'periods as contained in the Project Budget
(Appendix B). When submitting a voucher for federal funds, such voucher shall also be deemed to
certify that: a)the payments requested do not duplicate reimbursement from other sources of funding;
and b) the funds provided herein do not replace funds that, in the absence of this grant, would have
been made available by the Grantee for this program.
3. For purposes of prompt payment provisions, the Designated Payment Office for the processing of
all vouchers is the Finance Office of DCJS. Payment of grant vouchers shall be made in accordance
with the provisions of Article XI-A of the State Finance Law. Payment shall be preceded by an
inspection period of 15 business days which shall be excluded from calculations of the payment due
date for purposes of determining eligibility for interest payments. The Grantee must notify the Finance
Office in writing of a change of address in order to benefit from the prompt payment provision of the
State Finance Law. When progress reports are overdue, vouchers will not be eligible for prompt
payment.
4. If at the end of this Agreement there remains any unexpended balance of the monies advanced
under this Agreement in the possession of the Grantee, the Grantee shall submit a certified check or
money order for the unexpended balance payable to the order of the State of New York and return it to
the Finance Office with its final fiscal cost report within 30 days of termination of this Agreement.
5. Timely and properly completed New York State vouchers, with supporting documentation, when
required, shall be submitted to:
NYS Division of Criminal Justice Services
f
Finance Office " a
4 Tower Place ` F
Albany, NY 12203
Payment schedules and payment method provisions are outlined on page 2 of this Appendix.
6. The following payment schedule shall apply to a not-for-profit Grantee:
PAYMENT PAYMENT PUB DATE
1 Pending appropriation, 30 days after commencement date of contract with
proper documentation or upon receipt of proper documentation,
whichever is later.
2-4 1 Quarterly
6a. Payment method provisions applicable to a not-for-profit Grantee:
A Grantee operating on a multi-year contract may voucher for an optional fifth quarter advance against the
succeeding year's appropriation.
All submitted vouchers will reflect the Grantee's actual expenditures and will be accompanied by
supporting certifications of personal service and nonpersonal service expenditures and other documentation as
required, and by a fiscal cost report for the reporting period. DOS reserves the right not to release subsequent
grant awards pending Grantee compliance with this Agreement. In the event that any expenditure for which the
Grantee has been reimbursed by grant funds is subsequently disallowed, DCJS in its sole discretion, may
reduce the voucher payment by the amount disallowed. If necessary, the Grantee may be required to submit a
final budget reallocation.
Advance payments shall be permitted as specified in Appendix A-1, and in the amount specified in
Appendix D.
7. The following payment schedule shall apply to a town, village, city, county, State or any unit of
government Grantee:
PAYMENT PAYMEATDUE DATE
1 Pending appropriation, 30 days after commencement date of contract with
proper documentation or upon receipt of proper documentation, whichever
is later.
2-4 Quarterly
A Grantee operating on a multi-year contract may voucher for an optional fifth quarter advance against the
succeeding year's appropriation.
7a. Payment method provisions applicable for a town, village, city, county, State or any unit of government
Grantee:
All submitted vouchers will reflect the Grantee's actual expenditures and will be accompanied by a fiscal
cost report and back-up documentation as specified by DCJS. DCJS reserves the right not to release
subsequent grant aftids pending Grantee cofhpliance with this Agreement. In the event that any expenditure
for whidh the Graniee has been reimbursed by grant funds is subsequently disallowed, DCJS in its sole
discretion, may reduce the voucher payment by the amount disallowed. If necessary, the Grantee may be
required to submit a final budget reallocation. Fiscal cost reports must be submitted showing grant
expenditures and/or obligations for each quarter of the grant within 30 days after the last day of the quarter for
the reporting period.
Advance payments shall be permitted as specified in Appendix A-1, and in the amount specified in
Appendix D.
2
APPENDIX D
LOCAL COURTS AUTOMATION PROJECTS
PROGRAM WORKPLAN
In addition to the terms, conditions,policies and limitations set forth in the Grant Award
Agreement and the conditions applicable to fiscal administration to which this grant is subject, it
is conditional upon and subject to compliance with the following special conditions and
exceptions under the Criminal History Records Improvement Program.
This project will be implemented by Southold Town Justice Court:
Project Goal: To improve local operations and the timeliness and quality of court disposition
data sent to the New York State Division of Criminal Justice Services (DCJS) for updating to the
criminal history system through the purchase and installation of computer hardware and OCA-
certified courtroom management software, as well as use of DCJS rapsheet software.
Objective#1: Secure computer hardware equipment.
Tasks for Objective#1:
Task 1: Purchase hardware in accordance with the configuration requirements
recommended by DCJS.
Performance Measures for Task 1: The equipment, as installed,must meet the DCJS
configuration requirements. The local cash match has been provided by the court.
Objective#2: Secure and install an OCA-certified court management software package.
Tasks for Objective#2:
Task 1: Purchase software in accordance with the configuration requirements
recommended by DCJS.
Performance Measures for Task 1: The software must meet the DCJS-recommended
configuration requirements. The local match has been provided by the court.
r task.2: Installation of the software. f
Performance Measures for Task 2: Successful installation of the software. The
software must be fully operational.
Objective#3: Use of the DCJS Electronic Rapsheet(E-Rap)program or its successor software
program.
Tasks for Objective#3:
Task 1: Secure the CRIMNET data communications link.
Performance Measures for Task 1: Successful installation of CR VINET search and
rapsheet inquiry. The software must be fully operational.
Task 2: Training is provided to Court staff.
Performance Measures for Task 2: Court staff are proficient in the use of the rapsheet
program.
Task 3: Use of the rapsheet software as part of the daily operation of court procedures.
Performance Measures for Task 3: Receipt of the automated monthly dissemination
log at DCJS reflects the use of the rapsheet software.
Objective 4: Pass system-generated Court Disposition Reports(CDR) forms to DCJS.
Tasks for Objective#4:
Task 1: Training is provided to court staff.
Performance Measures for Task 1: Court staff are proficient in the use of all aspects of
the software, specifically CDR reporting.
Task 2: CDR forms are generated by the software and submitted promptly to DCJS.
Performance Measures for Task 2: All current court dispositions generated by the
software are reported to DCJS in an automated certified format.
Special Conditions and Exceptions:
Grantee agrees that if the project is not operational within 60 days of the original
starting date of the grant period, it will report by letter to OFPA the steps taken to initiate the
project, the reasonsffor 'elay, and tl�e expected starting date. If the project is not operational
within 90 days of the original starting date of the grant period, the grantee will submit a
second statement to OFPA explaining the delay. The State may either cancel the project and
redistribute the funds or extend the implementation date of the project beyond the 90-day
period when warranted by extenuating circumstances.
Grantee agrees that match provided is a cash, not in-kind, match.
•
a-
Upon approval of this grant by the Office of the State Comptroller (or DCJS for "T"
contracts only) the Grantee is authorized to voucher for advance payment of those prospective
expenses previously approved by DCJS not to exceed $2,480 or 25% from the total contracted
amount. Consistent with paragraph 15 of Appendix A-1 of this grant contract, vouchers for
advance payment for the purchase of equipment and/or supplies must be supported by a copy
of the purchase order.
2/8/99
I'
CERTIFICATION REGARDING LOBBYING
Each person shall file the most current edition of this certification and disclosure form, if applicable,with each submission
that initiates agency consideration of such person for an award of a Federal contract, grant, or cooperative agreement of
$100,000 or more; or Federal loan of$150,000 or more.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than$10,000 and not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any non-Federal funds have been paid or will be paid to any person for influencing or tempting to influence an
officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall initial here and complete and submit Standard Form& LLL,
"Disclosure of Lobbying Activities", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers and that all subrecipients shall certify and disclose accordingly.
Name and Address of Organization (Grantee):
Town of Southold
Town Hall
P.O. Box 1179
Southold, NY 11971
Signature of Authorized Individual (Contract Signatory):
Name: can W. Cochran
Title: Supervisor Date:
Application Number(DCJS Number): Nc c)R7A28110
Name of OJP Agency: Bureau of Justice Assistance
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions (Sub-Recipient)
This certification is required by the regulations implementing Executive Order 12549,Debarment and Suspension,28 CFR Part 67,Section
67.510,Participants'responsibilities.The regulations were published as Part VII of the May 26, 1988 Federal Register(pages 19160-19211).
(Before Completing Certification, Read Instructions Below)
(1) The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals are presently debarred,
suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant
shall attach an explanation to this proposal.
J
Signature of Authorized Individual(Contract Signatory): Name and Address of Organization(Grantee)•
CTown of Southold
Nae Jean W. Cochran
rtI Supervisor Town T > — p n Box 1.1
Date:
August 12, 1999 Southold- NY 11971
Instructions for Certification
1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation of fad upon which reliance was placed when this transaction was entered
into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other
remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available
remedies,including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any
time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
4. The terms'covered transaction;'debarred,''suspended,""ineligible;"lower tier covered transaction;'participant;"person;'primary
covered transaction;'principal;"proposal,"and'voluntarily excluded;as used in this clause,have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549.
5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or
voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction
originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled'Certification
Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,"without modification,in all lower
tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it
is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it determines the eligibility of its principals.Each participant may check the
Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishmer l of a system of records in order to render in good faith the
certification required by this clause.The knowledge and information of a participant isnot required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into
a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntary excluded from participation in this
transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction
originated may pursue available remedies,including suspension and/or debarment.
FFY 1998 CERTIFIED ASSURANCES
The Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program
1. The applicant/grantee assures that Federal funds made available under this formula grant will not be used to supplant
State or local funds but will be used to increase the amounts of such funds that would, in the absence of Federal
funds, be made available for law enforcement and criminal justice activities.
2. The applicant/grantee assures that matching funds required to pay the non-Federal portion of the cost of each
program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be
made available for law enforcement and criminal justice activities by the recipients of grant funds.
3. The applicant/grantee assures that fund accounting, auditing, monitoring, evaluation procedures and such records as
DCJS shall prescribe shall be provided to assure fiscal control, proper management and efficient disbursement of
funds received.
4. The applicant/grantee assures that it shall maintain such data and information and submit such reports in such form
at such times and containing such data and information as DCJS may reasonably require to administer the program.
5. The applicant/grantee will comply with the financial and administrative provisions set forth in the current edition of the
OJP Financial Guide, including the procedures on expenditures of confidential funds as defined in Chapter 8.
6. The applicant/grantee agrees that, in compliance with Section 623 of Public Law 102-141, no amount of this award
shall be used to finance the acquisition of goods or services (including construction services)for the project unless
the recipient:
(a) specifies.in any announcement of the awarding of the contract for the procurement of the goods and services
involved (including construction services)the amount of Federal funds that will be used to finance the
acquisition; and
(b) expresses the amount announced pursuant to paragraph (a)as a percentage of the total cost of the planned
acquisition.
The above requirements only apply to a procurement for goods or services(including construction services) that has
an aggregate value of$500,000 or more.
7. State agency applicants/grantees assure compliance with Title V of the Anti-Drug Abuse Act of 1988 and regulations
promulgated by the Federal Government to maintain a drug-free workplace.
8. The applicant/grantee assures that it will comply, and all its subgrantees and contractors will comply, with the
nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and 42
USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as
amended; Title II of the Americans with Disabilities Act(ADA) of 1990; Title IX of the Education Amendments of 1972;
the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42,
Subparts C, D, E and G; and Department of Justice regulations on disability discrimination, 28.CFR Part 35 and Part
39.
s
r k !
+- 9. If required to formulate an Equal Employment Opportunity Program (EEOP), in accordance with CFR 42.301 et seq.,
the applicant/grantee agrees to maintain a current one on file and certifies to DCJS that it has a current EEOP on file
which meets the applicable requirements. The applicant/grantee agrees not to obligate or expend any funds under
this grant award for any subgrantee organization having 50 or more employees which would receive an amount of
$500,000 or more, or$500,000 in the aggregate, in any fiscal year until the applicant/grantee submits to BJA, for
review and approval by Office of Justice Program's Office for Civil Rights, a copy of the prospective subgrantee's
Equal Employment Opportunity Plan (EEOP), or the Statistical Update from the previous year,whichever is
appropriate.When an Update only is appropriate, the following information should also be submitted:
(a) The number of complaints of discrimination filed against the subgrant agency within the past year, the final
disposition or current status of each complaint, and the nature and issues involved in each active complaint;
and
(b) A statement addressing whether or not the subgrant agency is currently operating under an equal employment
conciliation agreement and, if so, a copy of that agreement and the most recent monitoring report.
10. The applicant/grantee assures that in the event a Federal or state court or administrative agency makes a finding of
discrimination after a due process hearing on the grounds of race, color religion, national origin or sex against a
recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, OJP.
11. The applicant/grantee agrees that any publication (written, visual, or sound, but excluding press releases,
newsletters, and issue analyses) issued by the applicant/grantee describing programs or projects funded in whole or
in part with Federal funds, shall contain the following statement:
"This project was supported by Grant#/✓c9J079c;7dC30 , awarded by the Bureau of Justice Assistance, Office
of Justice Programs, U.S. Department of Justice. The Bureau of Justice Assistance is a component of the Office
of Justice Programs which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of
Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions
contained within this document are those of the author and do not necessarily represent the official position or
policies of the U.S. Department of Justice."
The applicant/grantee also agrees that one copy of any such publication will be submitted to DCJS to be placed on
file and distributed as appropriate to other potential grantees or interested parties. DCJS may waive the requirement
for submission of any specific publication upon submission of a request providing justification from the
applicant/grantee.
12. If the grant applied for is awarded;it will be provided by the State of New York from funds appropriated under the
Anti-Drug Abuse Act of 1988.The applicant assures that all information contained in the application is correct and
that it will abide by all statutes, rules, and regulations of the United States and of New York State affecting the
conduct of grantees, as well as to conform to the terms and conditions stated in the contractual agreement.
13. The applicant/grantee agrees to comply with the requirements of,the Criminal Intelligence System Operating Policies,
28 CFR Part 23,when appropriate.
14. The applicant/grantee agrees to comply with the provisions of 28 CFR applicable to grants and cooperative
agreements, including Part Il,Applicability of Office of Management and Budget Circulars; Part 18,Administrative
Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research
and Statistical Information Systems; Part 23, Criminal Intelligence Systems Operating Policies; Part 30,
Intergovernmental Review of Department of Justice Programs and Activities; Part 42,,Nondiscrimination Equal
k Employment Opportunity Policies and Procedures; Part 61, Proceduresfor Implerhe6ting the National Environmental
Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedufes.
CERTIFICATION
I certify that the programs proposed in this application meet all the requirements of the Anti-Drug Abuse Act of 1988,
Subtitle C, State and Local Narcotics Control and Justice Assistance Improvements of 1988, Pub. L. 100-790 (Nov. 18,
1988), that all the information presented�s correct, that there has been appropriate coordination with affected agencies
and that the application will comply with the provisions of the Act and all other Federal laws, regulations and guidelines. By
appropriate language incorporated in each grant, subgrant or other document under which funds are.to be disbursed, the
undersigned shall assure the pplicable conditions discussed above apply to all recipients of assistance.
I M r 11 //.2 9
Project Director( or the Imp ementing Agency) Date
James McMahon
GRANTEE ACCEPTANCE OF CERTIFIED ASSURANCES (Signature of Chief Executive of Unit of Local Government or
State Agency Head):
CNakk
Title: Jean W. Cochran Date
- Supervisor