Loading...
HomeMy WebLinkAboutSuffolk Works Employment Program RESOLUTION 2022-199 ADOPTED DOC ID: 17831 THIS.IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-199 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 1,2022: RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to execute an intermunicipal agreement with the County of Suffolk regarding the Suffolk Works Employment Program(SWEP) and the Youth Program funded by the Workforce Innovation& Opportunity Act(WIOA), subject to approval by the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Sarah E.Nappa, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Doroski,Mealy, Doherty, Evans,Russell Rev. 1-26-2022; LaW-No. -2 —LA3—r�J6 Worksite MOU -WIOA and/or SWEP Worksite Memorandum of Understanding (MOU) This Memorandum of Understanding ("MOU") is between the County of Suffolk("County"), a municipal corporation of the State of New York, acting through its duly constituted Department of Labor, Licensing& Consumer Affairs ("Department"), located at Building 17,North County Complex, 725 Veterans Memorial Highway, Hauppauge,New York 11788; and Town of Southold ("Contractor"), a not-for-profit corporation, having its principal place of business at P.O. Box 1179, Southold,NY 11971 //53095 Main Road, Southold, NY 11971-0959 The parties hereto desire to make available for eligible Suffolk County residents an employment and training program that includes work experience under the Workforce Innovation& Opportunity Act, the Suffolk Works Employment Program, and/or other pertinent programs administered by the Department, and to establish the conditions, limitations and work rules to be observed by the Contractor and the Department under this MOU. This MOU is being entered into in accordance with Suffolk County Local Law No. 15-1993, as further described in paragraph 2 of Article I. Term of MOU: July 1, 2022 through June 30, 2027, unless sooner terminated as provided for herein. This agreement will be reviewed not less than once every 3 years from the effective date to ensure appropriate funding and delivery of services. Total Cost of MOU: No payments to Contractor. Terms and Conditions: Shall be set forth in Articles I through V and Exhibits 1 through 4 attached hereto and made a part hereof. In Witness Whereof,the parties hereto have executed this Contract as of the latest date written below. Town of Southo By: COUN OF LK Name: Scott Russe 1 Title: Supervisor By: Fed.Tax ID# 11-60193 Name: Lisa Black Date 9 baa Title: Chief Deput Coun Executive Scott.A.Russell, hereby certifies under penalties of perjury 1? (Print Name) Date: _ L4 2�f that I am an officer of Town of Southold ,that I have read and I am familiar with§A5-8 of Arti#V of the Suffolk County Code,and that Town of Southold in t all requirements to qualify for exemption Approved: Department of Labor,Licensing& thereunder. Name Consu r Affairs (S ignature) Date By: N me: Rosalie Drago Approved as to Form: itle: Commissioner Dennis M. Cohen County Attorney Date: Name Rhonda L. Maco Title: Principal Assistant County Attorney ; Date J-31 -.?, 0071978 1 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP Article I Description of Services 1. Services 2. Work Experience 3. Trainees 4. Interview and Notification of Hire 5. Reports, Attendance Records, and Evaluations 6. Work Experience Credit 7. Working Conditions 8. Reporting of Injuries 9. Termination of Trainees 10. Responsibility for Wrongful Termination 11. Contractor Assurances and Certification 12. Maintenance of Effort 13. Union Concurrence 14. Compliance with Worksite Manual 15. Self-Monitoring 16. Laws, Rules and Regulations 17. Fraud, Abuse, and Other Criminal Activity 18. Screening of Personnel 19. Political Activities 20. Sectarian Activities 21. Certifications 22. State Liability 23. Conflicts of Interest/Nepotism 24. Nondiscrimination&Equal Opportunity Assurance 25. Buy American Notice Requirement 26. Priority of Service for Veterans 27. Breach of Contract Article II Definitions 1. Meanings of Terms 2. Elements of Interpretation Article III General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations b. Qualifications, Licenses, and Professional Standards c. Notifications d. Documentation of Professional Standards 2 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP e. Credentialing f. Engineering Certificate 2. Termination a. Thirty Days Termination b. Event of Default: Termination on Notice c. Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger;No Oral Changes 8. Set-Off Rights 9. Non-Discrimination in Services and Employment 10. Nonsectarian Declaration 11. Governing Law 12.No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15:Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor 18. No Intended Third Parry Beneficiaries ° 19. Certification as to Relationships 20. Publications 21. Copyrights and Patents a. Copyrights b. Patents 22. Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24. Certification Regarding Lobbying 25. Record Retention 26. Contract Agency Performance Measures and Reporting Requirements-Local Law No. 41-2013 27. Notice Article IV Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 3 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP 8. Non Responsible Bidder 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 12. Safeguarding Personal Information of Minors 13. Contract Agency Performance Measures and Reporting Requirements 14. Suffolk County Local Laws Website Address 15. Suffolk County Code of Ethics Article V General Fiscal Terms and Conditions 1. General Payment Terms a. Presentation of Suffolk County Payment Voucher b. Voucher Documentation c. Payment by County d. Budget Modification e. Budget and/or Services Revisions f. Taxes. g. Final Voucher 2. Subject to Appropriation of Funds 3. Personnel Salaries, Pension and Employee Benefit Plans,Rules and Procedures 4. Accounting Procedures 5. Audit of Financial Statements 6. Financial Statements and Audit Requirements 7. Furniture, Fixtures, Equipment,Materials, Supplies a. Purchases, Rentals or Leases Requiring Prior Approval b. Purchase Practices/Proprietary Interest of County c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Properly in Contractor's Custody f. Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non-County Funded Activities e. Potential Revenue f. Payments Contingent upon State/Federal Funding g. Denial of Aid h. Budget i. Payment of Claims j. Payments Limited to Actual Net Expenditures k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 4 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP 1. Salaries in. Salary Increases n. Contractor Vacancies o. No Limitation on Rights p. Comptroller's Rules and Regulations Exhibits Exhibit 1 Certification Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-Free Workplace Requirements Exhibit 2 Union Certification Exhibit 3 Living Wage Exhibit 4 Lawful Hiring 5 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP Article I Description of Services Whereas,the Department is responsible for carrying out programs pursuant to the federal Workforce Investment Act of 1998 ("WIA"), including programs related to the job training; and Whereas,the federal Workforce Innovation& Opportunity Act (WIOA) was signed into law on July 22, 2014 and supersedes the Workforce Investment Act of 1998 and amends the Adult Education and Family Literacy Act,the Wagner-Peyser Act, and the Rehabilitation Act of 1973; and Whereas, the goals of the WIOA are, among other things,to assist job seekers in obtaining the services and skills they need to improve their employment opportunities through qualified training programs and placement at worksites; and Whereas, the Department is also responsible for carrying out programs pursuant the Personal Responsibility Work Opportunity Reconciliation Act of 1996,which was enacted as part of a national effort to end the federal guarantee of cash assistance for welfare recipients; and Whereas,New York State also has authority to administer-its own public assistance programs and provide funds under block grants for Temporary Assistance to Needy Families ("TANF"); and Whereas, pursuant to these state and federal laws and the Suffolk Works Employment Program ("SWEP"), in order maintain certain social service and public assistance benefits, individuals must engage in work experience, through which they work at designated worksites and gain job skills in exchange for continuance of benefits ("Work Experience" or"Work Experience Program"); and Whereas,the Department administers the WIOA and SWEP Work Experience Programs for Suffolk County; and Whereas,the Contractor is willing to serve as a worksite where Trainees, as that term is defined herein, may obtain Work Experience; and Whereas, the Department is also responsible for making available to youth participants services related to the support and advancement of educating and readying youths for the job market; and Whereas, the Contractor is willing to provide at no cost when available and if applicable, one or more of the youth services as specified in paragraph 6 of Article I. Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Services a. The Contractor shall provide Work Experience at the Contractor's worksites (the "Services") to Trainees as defined herein. Work Experience, shall include,but not necessarily be limited to, providing work experience to Trainees and providing on-the-job training in regard to what is expected from Trainees in relation to job and professional work skills. All Federal, State and Local laws pertaining to fingerprinting and background checks shall be the sole responsibility of the Contractor if applicable. 6 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP b. The Contractor specifically represents and warrants that it has and shall possess, and that, to the extent applicable, its employees, agents and subcontractors have and shall possess,the required education, knowledge, experience and character necessary to qualify them individually for the particular duties they perform and that the Contractor has and shall have, and,to the extent applicable, its employees, agents and subcontractors have and shall have, all required authorization(s), certificates(s), certifications(s), registration(s), license(s),permit(s) or other approval(s) required by the State, County or other authorities for the Services provided. 2. Work Experience Participation This MOU is being entered into in accordance with Chapter 281 of the Suffolk County Code.The Contractor,in one or more other agreements it has executed with the County,has agreed to enter into this MOU. Such other agreement(s) contain the following terms and conditions: If the Contractor is a not-for-profit or governmental agency or institution,each of the Contractor's locations in the County at which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum of Understanding ("MOU") with the Suffolk County Department of Labor for work experience is in effect at the beginning of the Term of the Contract,the Contractor,if it is a not-for-profit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. 3. Trainees For the purpose of this MOU, a Trainee shall be defined as a participant, as designated by the Department, in the Work Experience Program under WIOA and/or SWEP. 4. Interview and Notification of Hire a. The Department shall refer Trainee(s) to the Contractor for an interview. b. If the Contractor determines to hire a Trainee(s),the Contractor shall notify the Department in such time and manner as may be required or directed by Department,but in no event shall such notification occur later than five (5)business days after the Contractor's determination to hire. 5. Reports, Attendance Records, and Evaluations a. The Contractor shall provide both written and oral reports, as may be requested by the Department, regarding the Services.The Contractor shall prepare reports in such form(s)and deliver them at such time(s) as directed by the Department. All reports shall be made available to the Department in electronic format. 7 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP b. The Department may, at its sole discretion, require the Contractor to submit documentation, in such form and type as the Department directs,relating to the Services,including,but not limited to,documents related to Trainee attendance at the Work Experience Program(e.g.,attendance sheets)and evaluation of Trainee's progress and/or performance in the Work Experience Program. 6. Work Experience Credit a. Trainees under TANF and other Social Service Programs Trainees that participate in the Work Experience Program pursuant to TANF and/or other Social Service programs and who are in compliance with all federal and state regulations,as determined and documented by the Department, shall be credited for work performed. b. Trainees under WIOA and other Youth Programs. The wages of Trainees that participate in the Work Experience Program pursuant.to the WIOA Youth Program and other Youth Programs and who are in compliance with all federal and state regulations, as determined and documented by the Department, shall be subsidized by the Department through WIOA or other Federal and State grants. c. Additional Services Available to Youth Participants To ensure Youth participants are successfully prepared to enter postsecondary education and/or unsubsidized employment,Contractor may provide,when feasible and at no cost to the Department,Youth work experience participants with the employment related services described in WIOA Regulations Section 681.460 through Section 681.600. These services may include: Tutoring and study skills training; Alternative secondary school services or dropout recovery services; Pre-apprenticeship programs; Internships and job shadowing;Occupational skills training;Education offered concurrently with and in the same context as workforce preparation,Leadership development, Supportive services described in WIOA Section 681.570;Adult mentoring;Comprehensive guidance such as substance abuse counseling;Financial literacy;Entrepreneurial skills training;Labor market information or other activities that help youth prepare for and transition to post-secondary education or unsubsidized employment. d. Payroll Procedures/Fringe Benefits Any WIOA Trainees that may be entitled to wages under the applicable federal/state program shall be paid by the Department through the Suffolk County biweekly payroll system. Public Assistance recipients obtaining work experience will be credited for work performed at the minimum wage. The Contractor shall maintain individual records of time worked by Trainees on time sheets approved by the Department. Time records shall be maintained on a daily basis and shall document actual hours worked. Proper maintenance of time cards shall be the responsibility of the Contractor. The Contractor shall ensure that records are properly completed and validated, by signature of the Trainee and the worksite supervisor, within collection procedures and time frames established by the Department for processing of input documents through the payroll system and/or the Department of Social Services database. Trainees in wage paying programs shall be paid no less than the Federal or State minimum wage, whichever is greater. 8 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP Trainees shall work in those occupational titles identified by the Contractor and approved by the Department. Fringe benefits provided by the Department shall include, as appropriate and applicable, FICA, Workers' Compensation, General Liability, Unemployment Insurance and other such benefits as are determined by the Department to be in accordance with local law and relevant Federal and State regulations. 7. Working Conditions Health and safety standards established under State and Federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of Trainee(s). Where Trainees are engaged in activities not covered under the O.S.H.A. of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the Trainee's health or safety. 8. Reporting of Injuries In the event that a Trainee is injured and the injury either causes the Trainee to lose time at work or to obtain medical attention,the Contractor must immediately notify the Department of the injury by phone. Within one working day,the Contractor must provide to the Department a written report of the injury on letterhead paper and containing information as to: 0 a. Name of the Trainee. b. When, where, how and why the injury occurred. c. Nature of the injury. d. Witnesses to the injury. e. Whether the Trainee was sent home,to a hospital or to a physician. f. If medical treatment was given,the name and address of the physician. g. The name,title and phone number of the person who prepared the report. If the immediate supervision of the Trainee is provided by the Department, the above-mentioned items shall be the responsibility of the Department's on-site supervisor. 9. Termination of Trainees Trainees may be terminated by the Contractor for reasonable cause at any time during the term of this MOU following verbal approval by the Department. When appropriate, prior to termination which is deemed necessary by the Contractor, Trainees shall be granted reasonable opportunity for correction of attitudes or improvement of performance. Following termination of a Trainee, a full bill of particulars should be 9 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP submitted to the Department at the above-stated address within two (2) weeks of the termination date. 10.Responsibility for Wrongful Termination In the event that it is determined that the Contractor terminated or suspended a Trainee without just cause, and/or in violation of any federal, state, or local laws, then the Contractor, at its sole cost and expense shall make payment to the Trainee of any award to-which the Trainee may be entitled under applicable laws and/or program requirements. 11. Contractor Assurances and Certification The Contractor certifies: a. That sufficient staff and administrative capability is available to operate the activities of the applicable employment and training programs. b. That only time actually worked by a Trainee shall be certified on his/her time sheet, and that a current time sheet shall be maintained for each Trainee. c. That there is sufficient,meaningful work to occupy all the Trainees assigned during the hours they are at the site. d. That worksite supervisors shall attend training%essions, provided by the Department, as appropriate. e. That Trainees are adequately protected against hazards or activities which may adversely affect their health or safety. E That any special clothing,specific tools or equipment which may be required for the Trainees to perform the work assigned shall be provided by the Contractor. .12. Maintenance of Effort The Contractor shall ensure that: a. No Trainees shall be used to replace or perform any work ordinarily and actually performed by regular employees(including partial displacement such as a reduction in the hours of non-overtime work,wages or employment benefits),or to replace or to perform any work which would ordinarily be performed by craft or trade unions in private employment. b. No program shall impair existing contracts for services or collective bargaining agreements. c. No Trainee shall be employed or job opening filled(1)when any individual is on layoff from the same or a substantially equivalent job, or (2) when the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the vacancy so created by hiring a Trainee. 10 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP d. No jobs shall be created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals. e. Work performed by Trainees under this Memorandum of Understanding shall only be in addition to work which would otherwise be provided by the Contractor without assistance under the applicable program. f. The work experience assignment shall not result in the filling of any established unfilled position vacancy by a Trainee. 13.Union Concurrence When an activity authorized by the Department would be inconsistent with a collective bargaining agreement, written union concurrence must be obtained before placement of the Trainee(s) in the Contractor's organization. 14. Compliance with the Worksite Manual The Contractor shall comply with the requirements of the applicable Worksite Manual. The Contractor hereby certifies and acknowledges having had the opportunity to review the manual and understands the applicable requirements, as well as the terms therein specified, and agrees to adhere to and comply with them. 15. Self-Monitoring The Contractor shall establish procedures to ensure compliance with WIOA, and all other applicable laws, regulations,and with the provisions of this MOU. Such procedures shall be subj ect to the review and approval of the Department. 16. Laws, Rules and Regulations The Contractor shall comply with all applicable federal, state and local laws, rules, and regulations which deal with or relate to the employment of persons who perform work or are trained under this MOU, including, but not limited to, the Workforce Innovation& Opportunity Act (WIOA), subsequent amendments, and the regulations and policies thereunder,the provisions of the various public assistance employment programs, the provisions of the Fair Labor Standards Act, the Equal Opportunity Clauses of the Civil Rights Act of 1964 and any subsequent amendments, and the health and safety standards established under State and Federal law and applicable to the working conditions of Trainees. 17. Fraud, Abuse and Other Criminal Activity For programs funded under the WIOA, all information and complaints involving fraud, abuse, other criminal activity, or violations of law, shall be reported directly and immediately to the: Office of the Inspector General United States Department of Labor Room S-5506 11 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP 200 Constitution Avenue,N.W. Washington,D.C. 20210 18. Screening of Personnel If(i)the Contractor performs or provides day care services (whether or not it has a contract with the Suffolk County Department of Social Services) and (ii)the activities of the Trainees under this MOU may be anticipated to bring them into contact with children receiving day care services,the Contractor shall comply with the requirements of Suffolk County Code Chapter 396 as now in effect or as amended hereafter or of any other State or Suffolk County Local Law that may become applicable during the term of this MOU with regard to the screening of personnel in connection with day care services. 19. Political Activities It is agreed that the work performed under this Memorandum of Understanding shall in no way or to any extent be used in the conduct of political,partisan or election campaign activities, nor shall any Trainee be selected, rejected, promoted or discriminated against in any way based on political belief or affiliation. 20. Sectarian Activities The Contractor agrees that Trainees shall not be utilized on the construction, operation or maintenance of any portion of any facility as is used or to be used for sectarian instruction or as a place of religious ° worship. Additionally,no Trainees shall be placed in any capacity to free any other person for the performance of such duties or activities. 21. Certifications Together with this MOU and as a condition precedent to its execution by the County, the Contractor shall have executed and delivered to the Department the Certification Regarding Lobbying, Debarment, Suspension, and Other Responsibility Matters, and the Drug-Free Workplace Requirements, attached to this MOU as Exhibit 8. The Contractor shall promptly advise the County of any material change in Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions, as required by Federal Department of Labor Regulations. The Contractor shall promptly advise the County of any material change in any of the information reported on such Certification(s) and shall otherwise comply with, and shall assist the County in complying with, said Regulations as now in effect or as amended during the Term of the MOU. 22. State Liability Unless the Contractor is a department or agency of the State of New York, the State of New York is not a parry to this MOU and has no legal liability thereunder, either under the terms and conditions stipulated herein, or with regard to any such liability, legal actions, or disputes as may arise under this Memorandum between the Department and the Contractor. 23. Conflict of Interest/Nepotism 12 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP No individual may be placed in a WIOA,TANF, SWEP,or other program employment activity,including, but not limited to,the Work Experience Program,if a member of that person's immediate family is directly supervised by or directly supervises that individual.Immediate family shall include wife,husband,daughter, son,mother,father,brother,brother-in-law,sister,sister-in-law,son-in-law,daughter-in-law,mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, and stepchild. To avoid conflict of interest, the Contractor agrees that no Trainee will be hired under this MOU who is a member of the immediate family of any person employed in an administrative or supervisory capacity by the Contractor. 24. Nondiscrimination & Equal Opportunity Assurance As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA,the Contractor assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: (1) Section 188 of the Workforce Innovation& Opportunity Act (WIOA) which prohibits discrimination against all individuals in the United States on the basis of race, color,religion, sex, national origin, age disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIOA Title I - financially assisted program or activity; (2) Title VI of the Civil Rights Act of 1964, as amended which prohibits discrimination on the basis of race, color, and national origin; (3) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; (4) The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and (5) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIOA Title I - financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIOA Title 1-financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance. 25.Buy American Notice Requirement The Contractor assures that,to the greatest extent practicable, all equipment and products purchased with funds made available under the WIOA will be American made. 26. Priority of Service for Veterans Eligible veterans and their eligible spouses will receive priority over other eligible populations to any 13 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP program or service for workforce preparation, development, or delivery that is directly funded, in whole or in part,by the United States Department of Labor. Federal grants for qualified job training programs funded, in whole or in part,by the U.S. Department of Labor are subject to the provisions of the "Jobs for Veterans Act" (JVA), Public Law 107-288 (38 USC 4215). The JVA provides priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services. Please note that to obtain priority service, a person must meet the program's eligibility requirements. Training and Employment Guidance Letter (TEGL)No. 5-03 (September 16, 2003) and Section 20 of the Code of Federal Regulations (CFR) Part 1010 (effective January 19, 2009) provide general guidance on the scope of the veterans priority statute and its effect on current employment and training programs. Where applicable,the Contractor agrees to comply with the Veteran's Priority Provisions. 27.Breach of Contract If subgrantee is found to be in default under.any provision of this contract,the grantee may cancel the contract without notice and either re-solicit or award the contract to the next best responsive and responsible respondent. In the event of abandonment or default, subgrantee will be responsible for paying damages to the grantee including, but not limited to,reprocurement costs, and any consequential damages to the grantee resulting from the subgrantee's non-performance. The defaulting subgrantee will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of service unless the specification or scope of services is significantly changed. End of Article I 14 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP Article II State or local law,rule,or regulation,and County Definitions policies or directives;or e. the Contractor's bankruptcy or insolvency;or 1. Meanings of Terms f. the Contractor's failure to cooperate in an Audit of As used herein: Financial Statements;or "Audit of Financial Statements"means the examination by g. the Contractor's falsification of records or reports, the Comptroller and any Federal or State auditing authority of misuse of funds,or malfeasance or nonfeasance in the financial statements of the Contractor resulting in the financial record keeping arising out of,or in publication of an independent opinion on whether or not those connection with,any contract with the County;or financial statements are relevant,accurate,complete,and fairly presented. h. the Contractor's failure to submit,or failure to timely submit,documentation to obtain Federal or State "Budget"means the Contractor's summary or plan of all funds;or intended revenue,whether received in the form of fees,grants,County funding,or any other source,and expenditures necessary to render the i. the inability of the County or the Contractor to obtain Services. Federal or State funds due to any act or omission of the Contractor;or "Budget Deficiency Plan"means an analysis of the cost of the Services, changes in fiscal conditions,and required modifications to the Contract to j, any condition that the County determines,in its sole continue to render the Services. discretion,is dangerous. "Comptroller"means the Comptroller of the County of Suffolk. k. the failure to comply with Local Law 41-2013 and related contractual requirements. "Contract"means all terms and conditions of this Contract forming all rights and obligations of the Contractor and the County. "Federal"means the United States government,its departments,and agencies. "Contractor"means the signatory corporation,its officers,officials, employees,agents,servants,sub-contractors,volunteers,and any "Fringe Benefits"means non-wage benefits which accompany,or are in successor or assign of any one or more of the foregoing performing the addition to,a person's salary,such as paid insurance,sick leave,profit- Services. sharing plans,paid holidays,and vacations. "County"means the County of Suffolk,its departments,and agencies. "Fund Source"means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "County Attorney"means the County Attorney of the County of Suffolk. "Legislature"means the Legislature of the County of Suffolk. "Department"means the signatory department approving the Contract. "Management Letter"means a letter certified as true by the Contractor's "Engineering Services"means the definition of the practice of certified public accountant or chief financial officer of findings and engineering and the definition of practice of land surveying,as the case recommendations for improvements in internal fiscal control that were may be,under Section 7201 and Section 7203 of the State Education identified during an Audit of Financial Statements,but which were not Law,respectively. required to be included in an audit report. "Event of Default"means "Municipal Corporation"means a town,village,or school district. a. the Contractor's failure to perform any duty required "Services"means all that which the Contractor must do,and any part of it under paragraphs 1(b)-(e)of Article III of the thereof arising out of,or in connection with,the Contract as described in Contract;or Article I"Description of Services." b. the Contractor's failure to maintain the amount and "State"means the State of New York. types of insurance with an authorized insurer as required by the Contract;or "Statement of Other Contracts"means a complete list of all other contracts under which money has been or will be paid to the Contractor C. the Contractor's failure to maintain insurance from the County,Federal,or State governments,or a Municipal required by the Contract with an insurer that has Corporation,and(i)which are currently in effect or(ii)which have designated the New York Superintendent of expired within the past twelve(12)months and have not been renewed. Insurance as its lawful agent for service of process;or d. the Contractor's failure to comply with any Federal, "Suffolk County Payment Voucher"means the document authorized 15 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP and required by the Comptroller for release of payment. "Term"means the time period set forth on page one of the Contract and, if exercised by the County,the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms,associations,partnerships (including limited partnerships),trusts,corporations,and other legal entities,including public bodies,as well as natural persons,and shall include successors and assigns. Capitalized terms used,but not otherwise defined,herein,shall have the meanings assigned to them in the Contract. End of Text for Article II 16 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP Article III Contract remains to be performed, and the General Terms and Conditions termination of the license does not affect the Contractor's ability to render the Services, every 1. Contractor Responsibilities other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted a. Duties and Obligations by law. i.) It shall be the duty of the Contractor to d. Documentation of Professional Standards discharge, or cause to be discharged, all of its responsibilities,and to administer funds received in The Contractor shall maintain on file, in one location in the interest of the County in accordance with the Suffolk County, all records that demonstrate that it has provisions of the Contract. complied with sub-paragraphs(b)and(c)above. The address of the location of the aforesaid records and documents shall ii.) The Contractor shall promptly take all be provided to the County no later than the date of execution action as may be necessary to.render the Services. of the Contract. Such documentation shall be kept, maintained,and available for inspection by the County upon iii.) The Contractor shall not take any action twenty-four(24)hours notice. that is inconsistent with the provisions of the Contract. e. Credentialing iv.) Services provided under this Contract i.) In the event that the Department,or any shall be open to all residents of the County. division thereof,maintains a credentialing process to qualify the Contractor to render the Services,the b. Qualifications,Licenses,and Professional Contractor shall complete the required Standards credentialing process. In the event that any State credential, registration, certification or license, The Contractor represents and warrants that it has, and shall Drug Enforcement Agency registration, or continuously possess,during the Term,the required licensing, Medicare or Medicaid certification is restricted, education,knowledge,experience,and character necessary to suspended,or temporarily or permanently revoked, qualify it to render the Services. it is the duty of the Contractor to contact the Department,or division thereof,as the case maybe, The Contractor shall continuously have during the Term all in writing, no later than three(3)days after such required authorizations, certificates, certifications, restriction,suspension,or revocation. registrations,licenses,permits,and other approvals required by Federal, State,County,or local authorities necessary to ii.) The Contractor shall forward to the qualify it to render the Services. Department,or division thereof,as the case may be, on or before July 1 of each year during the Term,a C. Notifications complete list of the names and addresses of all persons providing the Services, as well as their i.) The Contractor shall immediately notify respective areas of certification, credentialing, the County, in writing, of any disciplinary registration,and licensing. proceedings, commenced or pending, with any authority relating to a license held by any person f. Engineering Certificate necessary to qualify him,her,or the Contractor to perform the Services. In the event that the Contract requires any Engineering Services,the Contractor shall submit to the County,no later ii.) In the event that a person is no longer than the due date for submission for approval of any licensed to perform the Services, the Contractor engineering work product, the Certificate of Authorization must immediately notify the County, but in no ("Certificate"), issued pursuant to § 7210 of the New York event shall such notification be later than five(5) Education Law,of every person performing any Engineering days after a license holder has lost the license Services. The failure to file, submit, or maintain the required to qualify the license holder or the Certificate shall be grounds for rejection of any engineering Contractor to perform the Services. work product submitted for approval. iii.) In the event that the Contractor is not 2. Termination able to perform the Services due to a loss of license,the Contractor shall not be reimbursed for a. Thirty Days Termination the Services rendered after the effective date of termination of such license. Without limiting the The County shall have the right to terminate the Contract generality of the foregoing, if any part of the without cause,for any reason,at any time,upon such terms 17 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP and conditions it deems appropriate,provided,however,that no such termination shall be effective unless the Contractor is b. The Contractor hereby represents and warrants that given at least thirty(30)days notice. it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect, b. Event of Default;Termination on Notice indemnify,and hold harmless the County,its agents,servants, officials,and employees from and against all liabilities,fines, i.) The County may immediately terminate penalties, actions, damages, claims, demands, judgments, the Contract, for cause, upon such terms and losses,suits or actions,costs,and expenses arising out of any conditions it deems appropriate, in the Event•of claim asserted for infringement of copyright, including Default. reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and ii.) If the Contractor defaults under any other employees in any action or proceeding arising out of or in provision of the Contract, the County may connection with any claim asserted for infringement of terminate the Contract, on not less than five (5) copyright. days notice, upon such terms and conditions.it deems appropriate. C. The Contractor shall defend the County,its agents, servants, officials, and employees in any proceeding or C. Termination Notice action, including appeals, arising out of, or in connection with, the Contract, and any copyright infringement Any notice providing for termination shall be delivered as proceeding or action.Alternatively,at the County's option, provided for in paragraph 27 of this Article III. the County may defend any such proceeding or action and require.the Contractor to pay reasonable attorneys' fees or d. Duties upon Termination salary costs of County employees of the Department of Law for the defense of any such suit. i.) The Contractor shall discontinue the Services as directed in the termination notice. 4. Insurance ii.) Subject to any defenses available to it, a. The Contractor shall continuously maintain,during the County shall pay the Contractor for the the Term of the Contract,insurance in amounts and types as Services rendered through the date of termination. follows: iii.) The County is released from any and all liability under the Contract,effective as of the date i.) Commercial General Liability insurance, of the termination notice. including contractual liability coverage, in an amount not less than Two Million Dollars iv.) Upon termination, the Contractor shall ($2,000,000.00)per occurrence for bodily injury reimburse the County the balance of any funds and Two Million Dollars ($2,000,000.00) per advanced to the Contractor by the County no later occurrence for property damage. The County shall than thirty (30) days after termination of the be named an additional insured. Contract. The provisions of this subparagraph shall survive the expiration or termination of the ii.) Automobile Liability insurance (if any Contract. non-owned or owned vehicles are used by the Contractor in the performance of the Contract)in V.) Nothing contained in this paragraph shall an amount not less than Five Hundred Thousand be construed as a limitation on the County's rights Dollars($500,000.00)per person,per accident,for set forth in paragraphs 1(c) (iii) and 8 of this bodily injury and not less than One Hundred Article III. Thousand Dollars ($100,000.00) for property damage per occurrence.The County shall be named 3. Indemnification and Defense an additional insured. a. The Contractor shall protect,indemnify,and hold iii.) Workers'Compensation and Employer's harmless the County, its agents, servants, officials, and Liability insurance,Disability Benefits insurance, employees from and against all liabilities, fines, penalties, including coverage for Paid Family Leave Benefits, actions,damages,claims,demands,judgments,losses,suits in compliance with all applicable New York State or actions,costs, and expenses caused by the negligence or laws and regulations and Disability Benefits any acts or omissions of the Contractor, including insurance,if required by law. The Contractor shall reimbursement of the cost of reasonable attorneys' fees furnish to the County,prior to its execution of the incurred by the County, its agents, servants, officials, and Contract,the documentation required by the State employees in any action or proceeding arising out of, or in of New York Workers' Compensation Board of connection with,the Contract. coverage or exemption from coverage pursuant to 18 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP §§57 and 220 of the Workers'Compensation Law. anything contained in this Contract,the Contract shall not be In accordance with General Municipal Law§108, construed as creating a principal-agent relationship between the Contract shall be void and of no effect unless the County and the Contractor or the Contractor and the the Contractor shall provide and maintain coverage County,as the case may be. during the Term for the benefit of such employees as are required to be covered by the provisions of 6. Severability the Workers'Compensation Law. It is expressly agreed that if any term or provision of this iv.) Professional Liability insurance in an Contract, or .the application thereof to any person or amount not less than Two Million Dollars circumstance, shall be held invalid or unenforceable to any ($2,000,000.00) on either a per-occurrence or extent, the remainder of the Contract, or the application of claims-made coverage basis. such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable,shall not b. The County may mandate an increase in the liability be affected thereby,and every other term and provision of the limits set forth in the immediately preceding paragraphs Contract shall be valid and shall be enforced to the fullest (4)(a)(i),(ii),and(iv). extent permitted by law. C. All policies providing such coverage shall be issued 7. Merger;No Oral Changes by insurance companies authorized to do business in New York with an A.M.Best rating of A-or better. It is expressly agreed that the Contract represents the entire agreement of the parties and that all previous understandings d. The Contractor shall furnish to the County,prior to are herein merged in the Contract. No modification of the the execution of the Contract, declaration pages for each Contract shall be valid unless in written form and executed by policy of insurance, other than a policy for commercial both parties. general liability insurance, and upon demand, a true and certified original copy of each such policy evidencing 8. Set-Off Rights compliance with the aforesaid insurance requirements. The County shall have all of its common law,equitable,and e. In the case of commercial general liability insurance statutory rights of set-off. These rights shall include,but not and business use automobile insurance,the Contractor shall be limited to,the County's option to withhold from a Fund furnish to the County,prior to the execution of the Contract,a Source an amount no greater than any sum due and owing to declaration page or insuring agreement and endorsement page the County for any reason. The County shall exercise its set- evidencing the County's status as an additional insured on off rights subject to approval by the County Attorney. In said policy, and upon demand, a true and certified original cases of set-off pursuant to a Comptroller's audit,the County copy of such policy evidencing compliance with the aforesaid shall only exercise such right after the finalization thereof, insurance requirements. and only after consultation with the County Attorney. L All evidence of insurance shall provide for the 9. Non-Discrimination in Services and Employment County to be notified in writing thirty(3 0)days prior to any cancellation,nonrenewal,or material change in the policy to a. The Contractor shall not, on the grounds of race, which such evidence relates. It shall be the duty of the creed, color, national origin, sex, age, disability, sexual Contractor to notify the County immediately of any orientation,military status,or marital status cancellation,nonrenewal,or material change in any insurance policy. i.) deny any individual the Services provided pursuant to the Contract;or g. In the event the Contractor shall fail to provide ii.) provide the Services to an individual that evidence of insurance,the County may provide the insurance is different, or provided in a different required in such manner as the County deems appropriate and manner, from those provided to others deduct the cost thereof from a Fund Source. pursuant to the Contract;or iii.) subject an individual to segregation or g. If the Contractor is a Municipal Corporation and separate treatment in any matter related has a self-insurance program under which it acts as a to the individual's receipt of the Services self-insurer for any of such required coverage, the provided pursuant to the Contract;or Contractor shall provide proof, acceptable to the iv.) restrict an individual in any way from County,of self-funded coverage. any advantage or privilege enjoyed by others receiving the Services provided 5. Independent Contractor pursuant to the Contract;or V.) treat an individual differently from others The Contractor is not, and shall never be, considered an in determining whether or not the employee of the County for any purpose. Notwithstanding individual satisfies any eligibility or 19 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP other requirements or conditions which shall continue as long as the Term.The determination as to individuals must meet in order to receive whether or when a conflict may potentially exist shall the Services provided pursuant to the ultimately be made by the County Attorney after full Contract;or disclosure is obtained. A.) discriminate against employees or applicants for employment. 14. Cooperation on Claims b. The Contractor shall not utilize criteria or methods The Contractor and the County shall render diligently to each of administration which have the effect of subjecting other, without compensation, any and all cooperation that individuals to discrimination because of their race, creed, may be required to defend the other party,its employees and color,national origin,sex,age,disability,sexual orientation, designated representatives, against any claim, demand or military status, or marital status, or have the effect of action that may be brought against the other party, its substantially impairing the Contract with respect to employees or designated representatives arising out of,or in individuals of a particular race,creed,color,national origin, connection with,the Contract. sex, age, disability, sexual orientation, military status, or marital status,in determining: 15. Confidentiality i.) the Services to be provided;or _ Any document of the County,or any document created by the Contractor and used in rendering the Services,shall remain ii.) the class of individuals to whom,or the the property of the County and shall be kept confidential in situations in which,the Services will be accordance with applicable laws,rules,and regulations. provided;or - 16. Assignment and Subcontracting iii.) the class of individuals to be afforded an opportunity to receive the Services. a. The Contractor shall not delegate its duties under the Contract,or assign,transfer,convey,subcontract,sublet, 10. Nonsectarian Declaration or otherwise dispose of the Contract,or any of its right,title or interest therein, or its power to execute the Contract, or The Services performed under the Contract are secular in assign all or any portion of the moneys that may be due or nature. No funds received pursuant to the Contract shall be become due hereunder, (collectively referred to in this used for sectarian purposes or to further the advancement of paragraph 16 as"Assignment"),to any other person,entity or any religion. The Services will be available to all eligible thing without the prior written consent of the County,and any individuals regardless of religious belief or affiliation. attempt to do any of the foregoing without such consent shall be void ab initio. 11. Governing Law b. Such Assignment shall be subject to.all of the The Contract shall be governed by, and construed in provisions of the Contract and to any other condition the accordance with,the laws of the State of New York,without County requires. No approval of any Assignment shall be regard to conflict of laws. Venue shall be designated in the construed as enlarging any obligation of the County under the Supreme Court, Suffolk County,the United States District terms and provisions of the Contract. No Assignment of the Court for the Eastern District ofNew York,or,if appropriate, Contract or assumption by any person of any duty of the a court of inferior jurisdiction in Suffolk County. Contractor under the Contract shall provide for,or otherwise be construed as, releasing the Contractor from any term or 12. No Waiver provision of the Contract. It shall not be construed that any failure or forbearance of the 17. Changes to Contractor County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. a. The Contractor may,from time to time,only with Such provision shall otherwise remain in full force and effect, the County's written consent,enter into a Permitted Transfer. notwithstanding any such failure or forbearance. For purposes of the Contract,a Permitted Transfer means: 13. Conflicts of Interest i.) if the Contractor is a partnership, the withdrawal or change, whether The Contractor shall not,during the Term,pursue a course of voluntary,involuntary or by operation of conduct which would cause a reasonable person to believe law, of the partners, or transfer of that he or she is likely to be engaged in acts that create a partnership interests (other than the substantial conflict between its obligations under the Contract purchase of partnership interests by and its private interests. The Contractor is charged with the existing partners,by the partnership itself duty to disclose to the County the existence of any such or the immediate family members by adverse interests, whether existing or potential. This duty reason of gift, sale or devise), or the 20 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP dissolution of the partnership without the transferee has not been convicted of a criminal offense as immediate reconstitution thereof,and described under Article II of Chapter 189 of the Suffolk County Code. The County shall grant or deny its consent to ii.) if the Contractor is a closely held any request of a Permitted Transfer within twenty(20)days corporation (i.e. whose stock is not after delivery to the County of the Transfer Notice, in publicly held and not traded through an accordance with the provisions of Paragraph 27 of Article III exchange or over the counter): of the Contract. If the County shall not give written notice to the Contractor denying its consent to such Permitted Transfer 1. the dissolution, merger, (and setting forth the basis for such denial in reasonable consolidation or other detail)within such twenty(20)-day period,then the County reorganization of the shall be deemed to have granted its consent to such Permitted Contractor;and Transfer. 2. the sale or other transfer of e. Notwithstanding the County's consent, twenty percent(20%)or more of the shares of the Contractor i.) the terms and conditions of the Contract (other than to existing shall in no way be deemed to have been shareholders, the corporation waived or modified;and itself or the immediate family members of shareholders by ii.) such consent shall not be deemed reason of gift,sale or devise). consent to any further transfers. b. If the Contractor is a not-for-profit corporation, a 18. No Intended Third Party Beneficiaries change of twenty percent (20%) or more of its shares or members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a C. The Contractor shall notify the County in writing, beneficiary of the Contract and no third party shall have the which notice(the"Transfer Notice")shall include: right to make any claim or assert any right under the Contract. i.) the proposed effective date of the 19. Certification as to Relationships Permitted Transfer, which shall not be less than thirty(30)days nor more than The Contractor certifies under penalties of perjury that to the one hundred eighty(180)days after the best of its knowledge,other than through the funds provided date of delivery of the Transfer Notice; in the Contract and other valid agreements with the County, there is no known spouse,life partner,business,commercial, ii.) a summary of the material terms of the economic, or financial relationship with the County or its proposed Permitted Transfer; elected officials. The Contractor also certifies to the best of its knowledge that there is no relationship within the third iii.) the name and address of the proposed degree of consanguinity,between the Contractor, any of its transferee; partners, members, directors, or shareholders owning five (5%)percent or more of the Contractor,and the County. The iv.) such information reasonably required by foregoing certification shall not apply to a contractor that is a the County, which will enable the municipal corporation or a government entity. County to determine the financial responsibility, character,and reputation 20. Publications of the proposed transferee,nature of the proposed assignee/transferee's business Any book,article,report,or other publication related to the and experience; Services provided pursuant to this Contract shall contain the following statement in clear and legible print: V.) all executed forms required pursuant to Article IV of the Contract, that are "This publication is fully or partially funded required to be submitted by the by the County of Suffolk." Contractor;and 21. Copyrights and Patents vi.) such other information as the County may reasonably require. a. Copyrights d. The County agrees that any request for its consent Any and all materials generated by or on behalf of the to a Permitted Transfer shall be granted, provided that the Contractor while performing the Services(including,without transfer does not violate any provision of the Contract,and limitation,designs,images,video,reports,analyses,manuals, 21 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP films,tests,tutorials,and any other work product of any kind) and all intellectual property rights relating thereto ("Work Product")are and shall be the sole property of the County. The Contractor hereby assigns to the County its entire right, title and interest,if any,to all Work Product,and agrees to do 23. Lawful Hiring of Employees Law in Connection with all acts and execute all documents,and to use its best efforts Contracts for Construction or Future Construction to ensure that its employees, consultants, subcontractors, vendors and agents do all acts and execute any documents, In the event that the Contract is subject to the Lawful Hiring necessary to vest ownership in the County of any and all of Employees Law of the County of Suffolk,Suffolk County Work Product. The Contractor may not secure copyright Code Article II of Chapter 353,as more fully set forth in the protection. The County reserves to itself,and the Contractor Article entitled"Suffolk County Legislative Requirements," hereby gives to the County, and to any other person the Contractor shall maintain the documentation mandated to designated by the County, consent to produce, reproduce, be kept by this law on the construction site at all times. publish,translate,display or otherwise use the Work Product. Employee sign-in sheets and register/log books shall be kept This paragraph shall survive any completion, expiration or on the construction site at all times and all covered termination of this Contract. employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their The County shall be deemed to be the author of all the Work presence on the construction site during such working hours. Product. The Contractor acknowledges that all Work Product shall constitute "work made for hire" under the U.S. 24. Certification Regarding Lobbying copyright laws. To the extent that any Work Product does not constitute a "work made for hire," the Contractor hereby Together with this Contract and as a condition precedent to assigns to the County all right,title and interest,including the its execution by the County, the Contractor shall have right, title and interest to reproduce, edit, adapt,modify or executed and delivered to the County the Certification otherwise use the Work Product, that the Contractor may Regarding Lobbying (if payment under this Contract may have or may hereafter acquire in the Work Product,including exceed $100,000) as required by Federal regulations, and all intellectual property rights therein, in any manner or shall promptly advise the County of any material change in medium throughout the world in perpetuity without any of the information reported on such Certification, and compensation. This includes,but is not limited to,the right shall otherwise comply with, and shall assist the County in to reproduce and distribute the Work Product in electronic or complying with, said regulations as now in effect or as optical media,or in CD-ROM,on-line or similar format. amended during the term of this Contract. b. Patents 25. Record Retention If the Contractor develops, invents, designs or creates any The Contractor shall retain all accounts,books,records,and idea, concept, code, processes or other work or materials other documents relevant to the Contract for seven(7)years during the Term, or as a result of any Services performed after final payment is made by the County. Federal, State, under the Contract("patent eligible subject matter"),it shall and/or County auditors and any persons duly authorized by be the sole property of the County. The Contractor hereby the County shall have full access and the right to examine any assigns to the County its entire right,title and interest,if any, of said materials during said period. Such access is granted to all patent eligible subject matter,and agrees to do all acts notwithstanding any exemption from disclosure that may be and execute all documents, and to use its best efforts to claimed for those records which are subject to nondisclosure ensure that its employees, consultants, subcontractors, agreements, trade secrets and commercial information or vendors and agents do all acts and execute any documents, financial information that is privileged or confidential necessary to vest ownership in the County of any and all Without limiting the generality of the foregoing, records patent eligible subject matter. The Contractor may not apply directly related to contract expenditures shall be kept for a for or secure for itself patent protection. The County reserves period of ten(10)years because the statute of limitations for to itself,and the Contractor hereby gives to the County,and the New York False Claims Act(New York False Claims Act to any other person designated by the County, consent to § 192)is ten(10)years. produce or otherwise use any item so discovered and/or the right to secure a patent for the discovery or invention. This 26. Contract Agency Performance Measures and Reporting paragraph shall survive any completion, expiration or Requirements—Local Law No.41-2013 termination of this Contract. a. If payment under this Contract may exceed 22. Arrears to County $50,000,it is subject to the requirements of Suffolk County Local Law No. 41-2013, a Local Law to Implement Contractor warrants that, except as may otherwise be Performance Measurement to Increase Accountability and authorized by agreement, it is not in arrears to the County Enhance Service Delivery by Contract Agencies(Article VIII upon any debt,contract,or any other lawful obligation,and is of Chapter 189 of the Suffolk County Code)as set forth in not in default to the County as surety. Article IV entitled "Suffolk County Legislative 22 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP Requirements." b. The Contractor shall cooperate with the Department in all aspects necessary to help carry out the requirements of the Law. Based on criteria established by the Contractor in conjunction with the Department,the Contractor shall submit monthly reports regarding the Contractor's performance relative to the established criteria, on dates and times as specified by the Department,as more fully set forth in Article I and Article IV of this Contract. C. The Contractor shall submit an annual report to the Department regarding the Contractor's performance no later than July 31 of each year of the Term.All performance data and reports will be subject to audit by the Comptroller. 27. Notice Unless otherwise expressly provided,all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1.) to the Contractor at the address on page 1 of the Contract and 2.)to the County at the Department,or as to either ofthe foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O.Box 6100,(Sixth Floor),Hauppauge,NewYork,11788- 0099. End of Text for Article III 23 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP LIVING WAGE CERTIFICATION/DECLARATION- Article IV SUBJECT TO AUDIT." Suffolk County Legislative Requirements 3. Use of County Resources to Interfere with Collective NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Bargaining Activities REQUIREMENTS FORMS REFERENCED HEREIN ARE It shall be the duty of the Contractor to read,become familiar AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON with, and comply with the requirements of Article I of THE SIGNATURE PAGE OF THIS CONTRACT. Chapter 803 of the Suffolk County Code. 1. Contractor's/Vendor's Public Disclosure Statement County Contractors (as defined by section 803-2) shall comply with all requirements of Chapter 803 of the Suffolk It shall be the duty of the Contractor to read,become familiar County Code,including the following prohibitions: with, and comply with the requirements of section A5-8 of Article V of the Suffolk County Code. a. The Contractor shall not use County funds to assist, promote,or deter union organizing. Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-8 of Article V of b. No County funds shall be used to reimburse the the Suffolk County Code, the Contractor represents and Contractor for any costs incurred to assist,promote, warrants that it has filed with the Comptroller the verified or deter union organizing. public disclosure statement required by Suffolk County Administrative Code Article V,section A5-8 and shall file an C. No employer shall use County property to hold a update of such statement with the Comptroller on or before meeting with employees or supervisors if the the 31st day of January in each year of the Contract's purpose of such meeting is to assist, promote, or duration. The Contractor acknowledges that such filing is a deter union organizing. material,contractual and statutory duty and that the failure to file such statement shall constitute a material breach of the If the Services are performed on County property, the Contract, for which the County shall be entitled, upon a Contractor must adopt a reasonable access agreement, a determination that such breach has occurred,to damages,in neutrality agreement, fair communication agreement, non- addition to all other legal remedies,of fifteen percent(15%) intimidation agreement, and a majority authorization card of the amount of the Contract. agreement. Required Form: If the Services are for the provision of human services and are Suffolk County Form SCEX 22; entitled not to be performed on County property,the Contractor must "Contractor's/Vendor's Public Disclosure Statement" adopt,at the least,a neutrality agreement. 2. Living Wage Law Under the provisions of Chapter 803,the County shall have the authority,under appropriate circumstances,to terminate It shall be the duty of the Contractor to read,become familiar the Contract and to seek other remedies as set forth therein, with, and comply with the requirements of Chapter 575, of for violations of this Law. .the Suffolk County Code. Required Form: This Contract is subject to the Living Wage Law of the Suffolk County Labor Law Form DOL-LOI;entitled"Suffolk County of Suffolk. The law requires that, unless specific County Department of Labor—Labor Mediation Unit Union exemptions apply, all employers (as defined)under service Organizing Certification/Declaration-Subject to Audit." contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to 4. Lawful Hiring of Employees Law employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk It shall be the duty of the Contractor to read,become familiar County Living Wage Law of the County of Suffolk. Under with, and comply with the requirements of Article II of the provisions of the Living Wage Law,the County shall have Chapter 353 of the Suffolk County Code. the authority,under appropriate circumstances,to terminate the Contract and to seek other remedies as set forth therein, This Contract is subject to the Lawful Hiring of Employees for violations of this Law. Law of the County of Suffolk. It provides that all covered employers,(as defined),and the owners thereof,as the case Required Forms: may be,that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, Suffolk County Living Wage Form DOL-LWI/38(Revised payment, tax incentive, contract, subcontract, license 8/2017)entitled"SUFFOLK COUNTY DEPARTMENT OF agreement,lease or other financial compensation agreement LABOR,LICENSING&CONSUMER AFFAIRS NOTICE issued by the County or an awarding agency, where such OF APPLICATION FOR COUNTY COMPENSATION- compensation is one hundred percent(100%)funded by the 24 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP County, shall submit a completed sworn affidavit (under "SUFFOLK COUNTY DEPARTMENT OF LABOR penalty of perjury),the form of which is attached,certifying LICENSING, & CONSUMER AFFAIRS — NOTICE OF that they have complied,in good faith,with the requirements APPLICATION TO CERTIFY COMPLIANCE WITH of Title 8 of the United States Code Section 1324a with FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH respect to the hiring of covered employees(as defined)and RESPECT TO LAWFUL HIRING OF EMPLOYEES, with respect to the alien and nationality status of the owners Suffolk County Code,Chapter 353(2006)"DOL-LHE 1 /2 thereof. The affidavit shall be executed by an authorized (REVISED 8/2017). representative of the covered employer or owner,as the case may be;shall be part of any executed contract, subcontract, 5. Gratuities license agreement, lease or other financial compensation agreement with the County; and shall be made available to It shall be the duty of the Contractor to read,become familiar the public upon request. with,and comply with the requirements of Chapter 664 of the Suffolk County Code. All contractors and subcontractors (as defined) of covered employers, and the owners thereof,asthe case may be,that The Contractor represents and warrants that it has not offered are assigned to perform work in connection with a County or given any gratuity to any official,employee or agent of the contract, subcontract, license agreement, lease or other County or the State or of any political party,with the purpose financial compensation agreement issued by the County or or intent of securing an agreement or securing favorable awarding agency,where such compensation is one hundred treatment with respect to the awarding or amending of an percent(100%) funded by the County, shall submit to the agreement or the making of any determinations with respect covered employer a completed sworn affidavit(under penalty to the performance of an agreement. of perjury),the form of which is attached,certifying that they have complied,in good faith,with the requirements of Title 8 6. Prohibition Against Contracting with Corporations of the United States Code Section 1324a with respect to the that Reincorporate Overseas hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. It shall be the duty of the Contractor to read,become familiar The affidavit shall be executed by an authorized with, and comply with the requirements of sections A4-13 representative of the contractor,subcontractor,or owner,as and A4-14 of Article IV of the Suffolk County Code. the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial The Contractor represents that it is in compliance with compensation agreement between the covered employer and sections A4-13 and A4-14 of Article IV of the Suffolk the County;and shall be made available to the public upon County Code. Such law provides that no contract for request. consulting services or goods and services shall be awarded by the County to a business previously incorporated within the An updated affidavit shall be submitted by each such U.S.A.that has reincorporated outside the U.S.A. employer,owner,contractor-and subcontractor no later than January 1 of each year for the duration of any contract and upon the renewal or amendment of-the Contract, and 7. Child Sexual Abuse Reporting Policy whenever a new contractor or subcontractor is hired under the terms of the Contract. It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Article II of The Contractor acknowledges that such filings are a material, Chapter 880 of the Suffolk County Code. contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the The Contractor shall comply with Article II of Chapter 880, Contract. of the Suffolk County Code, entitled"Child Sexual Abuse Reporting Policy,"as now in effect or amended hereafter or Under the provisions of the Lawful Hiring of Employees of any other Suffolk County Local Law that may become Law, the County shall have the authority to terminate the applicable during the term of the Contract with regard to Contract for violations of this Law and to seek other remedies child sexual abuse reporting policy. available under the law. 8. Non Responsible Bidder The documentation mandated to be kept by this law shall at all times be kept on site. Employee sign-in sheets and It shall be the duty of the Contractor to read,become familiar register/log books shall be kept on site at all times during with, and comply with the requirements of Article II of working hours and all covered employees,as defined in the Chapter 189 of the Suffolk County Code. law,shall be required to sign such sign-in sheets/register/log books to indicate their presence on the site during such Upon signing the Contract,the Contractor certifies that it has working hours. not been convicted of a criminal offense within the last ten (10) years. The term"conviction" shall mean a finding of Required Forms: guilty after a trial or a plea of guilty to an offense covered under section 189-5 of the Suffolk County Code under 25 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP "Nonresponsible Bidder." Personal Information of Minors in Suffolk County. 9. Use of Funds in Prosecution of Civil Actions All contract agencies that provide services to minors are Prohibited required to protect the privacy of the minors and are strictly prohibited from selling or otherwise providing to any third It shall be the duty of the Contractor to read,become familiar party,in any manner whatsoever,the personal or identifying with, and comply with the requirements of Article III.of information of any minor participating in their programs. Chapter 893 of the Suffolk County Code. 13. Contract Agency Performance Measures and The Contractor shall not use any of the moneys,in part or in Reporting Requirements whole, and either directly or indirectly, received under the Contract in connection with the prosecution of any civil It shall be the duty of the Contractor to read,become familiar action against the County in any jurisdiction or any judicial or with, and comply with the requirements of Suffolk County administrative forum. Local Law No. 41-2013, a Charter Law to Implement Performance Measurement to Increase Accountability and 10. Youth Sports Enhance Service Delivery by Contract Agencies(Article VIII of Chapter 189 of the Suffolk County Code)as more fully set It shall be the duty of the Contractor to read,become familiar forth in Article I and Article III of this Contract. with, and comply with Article III of Chapter 730 of the Suffolk County Code. All contract agencies having a contract in excess of$50,000 shall cooperate with the contract's administering department All contract agencies that conduct youth sports programs are to identify the key performance measures related to the required to develop and maintain a written plan or policy objectives of the services that the contract agency provides addressing incidents of possible or actual concussion or other and shall develop an annual performance reporting plan.The head injuries among sports program participants.Such plan or contract agency shall cooperate with the administering policy must be submitted prior to the award of a County department and the County Executive's Performance contract,grant or funding. Receipt of such plan or policy by Management Team to establish appropriate performance the County does not represent approval or endorsement of indicators and targets for monthly evaluation of the contract any such plan or policy,nor shall the County be subject to agency's performance. any liability in connection with any such plan or policy. 14. Suffolk County Local Laws Website Address 11. Work Experience Participation Suffolk County Local Laws, Rules and Regulations can be If the Contractor is a not-for-profit or governmental agency or accessed on the homepage of the Suffolk County Legislature. institution,each of the Contractor's locations in the County at which the Services are provided shall be a work site for 15. Suffolk County Code of Ethics public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during As required by Suffolk County Standard Operating Procedure the Term of the Contract. If no Memorandum of A-06, the following is a link to the Suffolk County Ethics Understanding("MOU")with the Suffolk County Department Booklet,which contains the provisions of the Suffolk County of Labor for work experience is in effect at the beginning of Code of Ethics: the Term of the Contract,the Contractor, if it is a not-for- profit or governmental agency or institution,shall enter into https:7suifolkcountvnv.aov%Portals/Olformsdocs:'Boardotethic such MOU as soon as possible after the execution of the s/Code%20of°o20Ethits%2OBooklet`;o20- Contract and failure to enter into or to perform in accordance ?,b20New%2ORevised%>20i,VLav44"20201.7.pdf with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the County may End of Text for Article IV withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. 12. Safeguarding Personal Information of Minors It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Suffolk County Local Law No. 20-2013, a Local Law to Safeguard the 26 of 33 pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP comply with accounting procedures as set forth by the Suffolk County Department of Audit and Article V Control. Documentation, including any other General Fiscal Terms and Conditions forms)required by County or the Suffolk County Department of Audit and Control, shall be 1. General Payment Terms furnished to the County pursuant to,and as limited by,the Regulations for Accounting Procedures for a. Presentation of Suffolk County Payment Contract Agencies of the Suffolk County Voucher Department of Audit and Control. In addition to any other remedies that the County may have, In order for payment to be made by the County to failure to supply the required documentation will the Contractor for the Services,the Contractor shall disqualify the Contractor from any further County prepare and present a Suffolk County Payment contracts. Voucher,which shall be documented by sufficient competent and evidential matter. Each Suffolk C. Payment by County . County Payment Voucher submitted for payment is subject to Audit at any time during the Term or any Payment by the County shall be made within thirty extension thereof. This provision shall survive (30) days after approval of the Suffolk County expiration or termination of this Contract for a Payment Voucher by the Comptroller. period of not less than seven(7)years,and access to records shall be as set forth in paragraph 25 of d. Budget Modification Article III,and paragraph 4(b)of Article V. i.) The parties shall use the Contract Budget b. Voucher Documentation Modification Request form ("Budget Modification") for revisions to the The Suffolk County Payment Voucher shall list all Budget and Services not involving an information regarding the Services and other items increase to the total cost of the Contract. for which expenditures have been or will be made If the Contractor is seeking such a . in accordance with the Contract. Either upon modification, the Contractor shall execution of the Contract(for the Services already ocontact the Department to receive the rendered and expenditures already made), or not form and enter the required information. more than thirty(30) days after the expenditures When the County and the Contractor were made, and in no event after the 31 It day of agree as to such revisions,the Contractor January following the end of each year of the shall sign the Budget Modification form Contract,the Contractor shall furnish the County and return it to the County for execution with detailed documentation in support of the along with any other documentation the payment for the Services or expenditures under the Deparhnent may require. Contract e.g. dates of the Service, worksite of locations,activities,hours worked,pay rates and all ii.) Such request must be made advance program Budget categories. The Suffolk County incurring any expenditure for which the Payment Voucher shall include time records, revision is needed. certified by the Contractor as true and accurate,of all personnel for whom expenditures are claimed iii.) Upon complete execution of the Budget during the period. Time and attendance records of Modification form, the County shall a Contractor's Director/Executive Director shall be return a copy to the Contractor. The certified by the Chairperson, President or other revision shall not be effective until the designated member of the Board of Directors ofthe Budget Modification is completely Contractor and shall be maintained by.the executed. Contractor for audit. All Suffolk County Payment Vouchers must bear a signature as that term is iv.) The Budget Modification form may be defined pursuant to New York State General submitted only twice per calendar year Construction Law§46 by duly authorized persons, and may only be submitted prior to November 15th of that year. and certification of such authorization with certified specimen signatures thereon must be filed with the County by a Contractor official e. Budget and/or Services Revisions empowered to sign the Contract. Disbursements made by the Contractor in i.) The parties shall use the Contract accordance with the Contract and submitted for Budget/Services Revision Approval reimbursement must be documented and must Form (Budget !Services Revisions) for Page 27 of 33 Pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP revisions to the Budget and Services Contractor;and involving any change to the total cost of the Contract due to a resolution of the iii.) determine what amounts, if any, are Legislature, changes to the County's reimbursable to the County by the adopted annual budget,or for any other Contractor and the terms and conditions reason necessitating revisions to the under which such reimbursement shall Budget or Services. be paid. ii.) When the County and the Contractor C. The County may, during the Term, .impose a agree as to such revisions, the Budget Deficiency Plan. In the event that a Budget Department will enter the information Deficiency Plan is imposed, the County shall into the Budget/Services Revisions form promptly notify the Contractor in writing of the and send it to the Contractor for terms and conditions thereof, which shall be signature.The Contractor shall return it deemed incorporated in and made a part of the to the County for execution along with Contract,and the Contractor shall implement those any other documentation the Department terms and conditions in no less than fourteen(14) may require. days. iii.) Upon complete execution of the form by 3. Personnel Salaries, Pension and Employee Benefit the parties, the County shall return a Plans,Rules and Procedures copy to the Contractor. The revision shall not be effective until the Budget a. Upon request, the Contractor shall submit to the /Services Revisions Form is completely County a current copy,certified by the Contractor executed. as true and accurate,of its f. Taxes i.) salary scale for all positions listed in the The charges payable to the Contractor under the Budget; Contract are exclusive of federal, state, and local ii.) personnel rules and procedures; taxes,the County being a municipality exempt from payment of such taxes. iii.) pension plan and any other employee benefit plans or arrangements. g. Final Voucher b. The Contractor shall not be entitled to The acceptance by the Contractor of payment of all reimbursement for costs under any pension or billings made on the final approved Suffolk County benefit plan the Comptroller deems commercially Payment Voucher shall operate as and shall be a unreasonable. release of the County from all claims by the Contractor through the date of the Voucher. C. Notwithstanding anything in this paragraph 3 of this Article V,the County shall not be limited in 2. Subject to Appropriation of Funds requesting such additional financial information it deems reasonable. a. The Contract is subject to the amount of funds appropriated each fiscal year and any subsequent 4. Accounting Procedures modifications thereof by the County Legislature and no liability shall be incurred by the County a. The Contractor shall maintain accounts, books, beyond the amount of funds appropriated each records,documents,other evidence,and accounting fiscal year by the County Legislature for the procedures and practices which sufficiently and Services. properly reflect all direct and indirect costs of any nature expended in the performance of the b. If the County fails to receive Federal or State funds Contract, in accordance with generally accepted originally intended to pay for the Services, or to accounting principles and with rules, regulations reimburse the County, in whole or in part, for and financial directives,as may be promulgated by payments made for the Services,the County shall the Suffolk County Department of Audit and have the sole and exclusive right to: Control and the Department. The Contractor shall permit inspection and audit of such accounts, i.) determine how to pay for the Services; books,records, documents and other evidence by the Department and the Suffolk County ii.) determine future payments to the Comptroller,or their representatives,as often as,in Page 28 of 33 Pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP their judgment, such inspection is deemed licensed public accountant or certified public necessary. Such right of inspection and audit as set accountant (the "Auditor") to audit its financial forth in subparagraph b. below shall exist during statements for each Contractor's "fiscal year" in the Term and for a period of seven(7)years after which the Contractor has received, or will receive, expiration or termination of the Contract. three hundred thousand($300,000.00)dollars or more from the County,whether under the Contract or other b. The Contractor shall retain all accounts, books, agreements with the County,and shall submit a report records, and other documents relevant to the to the County on the overall financial condition and Contract for seven (7)years after final payment is operations of the Contractor, including a balance made by the County. Federal,State,and/or County sheet and statement of income and expenses,attested auditors and any persons duly authorized by the by the Auditor as fairly and accurately reflecting the County shall have full access and the right to accounting records of the Contractor in accordance examine any of said materials during said period. with generally accepted accounting principles. The Such access is granted notwithstanding any audited financial statements including respective exemption from disclosure that may be claimed for Management Letters must be emailed to the Executive those records which are subject to nondisclosure Director of Auditing Services at agreements, trade secrets and commercial Auditsnsuffolkcountvny.Qov within thirty(30)days information or financial information that is after completion of the audit, but in no event later privileged or confidential. than nine(9)months after the end of the Contractor's fiscal year, to which the audit relates. The C. The Contractor shall utilize the accrual basis of Contractor may solicit requests for proposals from a accounting and will submit all financial reports and number of qualified accounting firms and review claims based on this method of accounting during carefully the costs of,and qualifications for,this type the Term. of work before selecting the Auditor. 5. Audit of Financial Statements b. The Auditor should be required to meet the following minimum requirements: a. All payments made under the Contract are subject i.) a current license issued by the New York to audit by the Comptroller pursuant to Article V of State Education Department; the Suffolk County Charter. The Contractor further agrees that the Comptroller and the Department ii.) sufficient auditing experience in the not- shall have access to and the right to examine,audit, for-profitgovernmental or profit-making excerpt, copy or transcribe any pertinent areas,as applicable;and transactions or other records relating to services iii.) a satisfactory peer review issued within under the Contract. If such an audit discloses not more than three(3)years prior to the overpayments by the County to the Contractor, date when the Auditor was selected to within thirty (30) days after the issuance of an conduct the audit. official audit report by the Comptroller or his duly designated representatives, the Contractor shall C. The audit must be conducted in accordance with repay the amount of such overpayment by check to generally accepted governmental auditing standards. the order of the Suffolk County Comptroller or Financial statements must clearly differentiate between shall submit a proposed plan of repayment to the County-funded programs and other programs that the Comptroller. If there is no response, or if Contractor may be operating. The use of subsidiary satisfactory repayments are not made,the County schedules should be encouraged for this purpose. The may recoup overpayments from any amounts due or Auditor must also prepare a Management Letter based becoming due to the Contractor from the County on the audit. under the Contract or otherwise. d. "Subrecipients"—Federally Funded Programs and b. The provisions of this paragraph shall survive the Grants expiration or termination of the Contract for a period of seven (7) years, and access to records i.) In the event the Contractor is a"Subrecipient"as shall be as set forth in paragraph 25 of Article III, that term is defined in 2 CFR § 200.93 and the and paragraph 4(b)of Article V. Contractor expends seven hundred fifty thousand ($750,000.00)dollars or more of Federal moneys, 6. Financial Statements and Audit Requirements whether as a recipient expending awards received directly from Federal awarding agencies or as a a. Notwithstanding any other reporting or certification Contractor expending Federal awards received requirements of Federal,State,or local authorities,the from a pass-through entity such as New York State Contractor shall obtain the services of an independent and/or Suffolk County, during any fiscal year Page 29 of 33 Pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP within which it receives funding under the Contractor shall make such records and financial Contract,the audit referred to under this paragraph statements available to authorized representatives of 6 must be conducted and any the audit report must Federal,State and County government for that purpose. be in accordance with OMB Uniform Grant Guidance — 2 CFR Part 200 ("Single Audit g. The provisions of this paragraph 6 shall survive the Report"). Single Audit Reports must also be expiration or termination of the Contract. uploaded to the Federal Audit Clearinghouse, to the extent required by the OMB Uniform Grant 7. Furniture,Fixtures,Equipment,Materials,Supplies Guidance referred to above. In addition,the Single Audit Report, respective financial statements and a. Purchases, Rentals or Leases Requiring Prior any Management Letters must be submitted to the Approval Department set forth on page one of this Contract and emailed to the Executive Director of Auditing Prior to placing any order to purchase,rent or lease Services at any furniture, fixtures, or equipment valued in subrecipientmonitoringla�suffolkcountvnv.gov excess of one thousand dollars($1,000.00)per unit within thirty (30) days after completion of the for which the Contractor will seek reimbursement audit, but in no event later than nine (9)months from the County,the Contractor shall submit to the after the end of the Contractor's fiscal year, to County a written request for approval to make such which the audit relates. a proposed purchase, rental or lease, with a list showing the quantity and description of each item, ii.) In the event the Contractor is a"Subrecipient"as its intended location and use,estimated unit price that term is defined in 2 CFR§ 200.93 and the or cost, and estimated total cost of the proposed Contractor expends less than seven hundred fifty order. Written approval of the County shall be thousand($750,000.00)dollars of Federal moneys, required before the Contractor may proceed with whether as a recipient expending awards received such proposed purchase, rental or lease of directly from Federal awarding agencies or as a furniture, fixtures or equipment. All items Contractor expending Federal awards received purchased must be new or like new unless from a pass-through entity such as New York State specifically described otherwise in the Budget. and/or Suffolk County, during any fiscal year the Contractor must email a certified Exemption Letter, b. Purchase Practices/Proprietary Interest of the form of which shall be provided by the County Department, on the Contractor's Letterhead and a Schedule of Federal Funds Expended to the i.) The Contractor shall follow the general respective County Department and the Executive practices that are designed to obtain Director of Auditing Services at furniture,fixtures,equipment,materials, subrecipientmonitorin,g(a;suffolkeounhrnv.gov or supplies at the most reasonable price within thirty (30) days of the end of the or cost possible. Contractor's fiscal year. The Schedule of Federal Funds Expended must include all Federal funding ii.) The County reserves the right to received directly from the Federal government and purchase or obtain furniture, fixtures, all Federal funds passed through from the County equipment,materials,or supplies for the and other pass-through entities. Contractor in accordance with the programmatic needs of the Contract. If iii.) Subrecipients may include, but not necessarily be the County exercises this right, the limited to, not-for-profit organizations; units of state amount budgeted for the items so government or a unit of local governments. purchased or obtained by the County for the Contractor shall not be available to e. Copies of any other audit reports including oversight the Contractor for any purpose agency audits must be submitted to the Department set whatsoever. Title to any such items forth on page one of this Contract and emailed to the purchased or otherwise obtained by the Executive Director of Auditing Services at County for the programs encompassed Auditsra�suffolkcount�,nv.gov within thirty (30) days by the Contract and entrusted to the after completion of the audit(s). Contractor,shall remain in the County. f. The requirements set forth in this paragraph 6 shall not iii,) The County shall retain a proprietary preclude the authorized representatives of the County, interest in all furniture, removable the Comptroller, or Federal or State entities from fixtures, equipment, . materials, and conducting any other duly authorized audit(s)of records supplies purchased or obtained by the and financial statements of the Contractor. The Contractor and paid for or reimbursed to Page 30 of 33 Pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP the Contractor pursuant to the terms of reasonable precautions to protect the furniture, the Contract or any prior agreement fixtures, equipment, material or supplies in its between the parties. custody against damage or loss by fire, burglary, theft, disappearance,vandalism, or misuse.In the iv.) The Contractor shall attach labels event of burglary, theft, vandalism, or indicating the County's proprietary disappearance of any item of furniture, fixtures, interest or title in all such property. equipment, material or supplies, the Contractor shall immediately notify the police and make a C. County's Right to Take Title and Possession record thereof, including a record of the results of any investigation which may be made thereon. In Upon the termination or expiration of the Contract the event of loss of or damage to any item of or any renewal thereof,the discontinuance of the furniture, fixtures, equipment, materials, or business of the Contractor, the failure of the supplies from any cause, the Contractor shall Contractor to comply with the terms of the immediately send the County a detailed written Contract, the bankruptcy of the Contractor, an report thereon. assignment for the benefit of its creditors, or the failure of the Contractor to satisfy any judgment f. Disposition of Property in Contractor's Custody against it within thirty (30) days of filing of the judgment,the County shall have the right to take Upon termination of the County's funding of any title to and possession of all furniture,removable of the Services covered by the Contract,or at any fixtures,equipment,materials,and supplies and the other time that the County may direct, the same shall thereupon become the property of the Contractor shall make access available and render County without any claim for reimbursement on the all necessary assistance for physical removal by the part of the Contractor. County or its designee of any or all furniture, removable fixtures, equipment, materials or d. Inventory Records,Controls and Reports supplies in the Contractor's custody in which the County has a proprietary interest, in the same The Contractor shall maintain proper and accurate condition as such property was received by the inventory records and controls for all such Contractor, reasonable wear and tear excepted. furniture, removable fixtures and equipment Any disposition, settlements or adjustments acquired pursuant to the Contract and all prior connected with such property shall be in agreements between the parties, if any. Three(3) accordance with the rules and regulations of the months before the expiration date of the Contract, County and the State of New York. the Contractor shall make a physical count of all items of furniture, removable fixtures and g. Lease or Rental Agreements equipment in its custody, checking each item against the aforesaid inventory records. A report If lease payments or rental costs are included in the Budget as setting forth the results of such physical count shall an item of expense reimbursable by the County, the be prepared by the Contractor on a form or forms Contractor shall promptly submit to the County, upon designated by the County,certified and signed by request, any lease or rental agreement. If during the Term, an authorized official of the Contractor,and one(1) the Contractor shall enter into a lease or rental agreement,or copy thereof shall be delivered to the County shall renew a lease or rental agreement,the Contractor shall, within five (5) days after the date set for the prior to the execution thereof, submit such lease or rental aforesaid physical count. Within five(5)days after agreement,to the County for approval. the termination or expiration date of the Contract, the Contractor shall submit to the County six(6) copies of the same report updated to such date of 9. Statement of Other Contracts the Contract,certified and signed by an authorized Prior to the execution of the Contract, the Contractor shall official of the Contractor,based on a physical count of all items of furniture, removable fixtures and submit a Statement of Other Contracts to the County. If the equipment on the aforesaid expiration date, and Contract is amended during the Term, or if the County exercises its option right,the Contractor shall submit a then revised, if necessary, to include any inventory current Statement of Other Contracts. changes during the last three (3) months of the Term. 10. Miscellaneous Fiscal Terms and Conditions e. Protection of Property in Contractor's Custody a. Limit of County's Obligations The Contractor shall maintain vigilance and take all The maximum amount to be paid by the County is set forth on the first page of the Contract. Page 31 of 33 Pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP b. Duplicate Payment from Other Sources f. Payments Contingent upon State/Federal Funding Payment by the County for the Services shall not duplicate payment received by the Contractor from Payments under the Contract may be subject to and any other source. contingent upon continued funding by State and/or Federal agencies. In the event payments are subj ect C. Funding Identification to such funding no payment shall be made until the Contractor submits documentation in the manner The Contractor shall promptly submit to the and form as shall be required by State and/or County upon request, a schedule for all programs Federal agency. If late submission of claims funded by the County, itemizing for each such precludes the County from claiming State or program the sums received, their source and the Federal reimbursement, such late claims by the total program budget. Contractor shall not be paid by the County subject to subparagraph g. below, if, for any reason, the d. Outside Funding for Non-County Funded full amount of such funding is not made available Activities to the County,the Contract may be terminated in whole or in part, or the amount payable to the Notwithstanding the foregoing provisions of the Contractor may be reduced at the discretion of the Contract, it is the intent of the County that the County, provided that any such termination or terms and conditions of the Contract shall not limit reduction shall not apply to allowable costs the Contractor from applying for and accepting incurred by the Contractor prior to such outside grant awards or from providing additional termination or reduction,and provided that money educational activities/seryices which may result in has been appropriated for payment of such costs. the Contractor incurring additional costs,as long as the following conditions are met: g. Denial of Aid i.) The County is not the Fund Source for If a State or Federal government agency is funding the additional services; the Contract and fails to approve aid in reimbursement to the County for payments made ii.) Sufficient funding is available for or can hereunder by the County to the Contractor for be generated by the Contractor cover expenditures made during the Term because of any the cost incurred by the Contractor to act, omission or negligence on the part of the provide these additional services;and Contractor, then the County may deduct and iii.) If sufficient funding is not available or withhold from any payment due to the Contractor cannot be generated, the County shall an amount equal to the reimbursement denied by not be held liable for any of the the state or federal government agency, and the additional costs incurred by the County's obligation to the Contractor shall be Contractor in furnishing such additional reduced by any such amounts. In such an event,if services. there should be a balance due to the County after it has made a final payment to the Contractor under iv.) Prior to scheduling any such additional the Contract, on demand by the County, the services on County-owned property,the Contractor shall reimburse the County for the Contractor shall obtain written County amount of the balance due the County,payable to approval. The Contractor shall, to the the Suffolk County Comptroller.The provisions of County's satisfaction, submit any this subparagraph shall survive the expiration or documentation requested by the termination of the Contract. Department reflecting the change, and identify the additional services to be h. Budget provided and the source of funding that shall be utilized to cover the The Contractor expressly represents and agrees that expenditures incurred by the Contractor the Budget lists all revenue, expenditures, in undertaking the additional services. personnel,personnel costs and/or all other relevant costs necessary to provide the Services. e. Potential Revenue i. Payment of Claims The Contractor shall actively seek and take reasonable steps to secure all potential funding Upon receipt of a Suffolk County Payment from grants and contracts with other agencies for Voucher,the County,at its discretion,may pay the programs funded by the County. Page 32 of 33 Pages Rev. 12-10-2021; Law No. Worksite MOU -WIOA and/or SWEP Contractor during the Term,in advance,an amount n. Contractor Vacancies not to exceed one sixth (1/6) of the maximum amount to be paid by the County set forth on the The County shall have the right of prior approval of first page of the Contract. the Contractor's filling of any vacant position as of the date of execution of the Contract or as may j. Payments Limited to Actual Net Expenditures thereafter become vacant, and, in the exercise of that right.The County may promulgate reasonable The Contractor agrees that if, for any reason regulations involving filling of vacancies which whatsoever,the Contractor shall spend during the shall be deemed to be incorporated by reference in, Term for the purposes set forth in the Contract an and be made part of, the Contract, provided, amount less than, or receive amounts more than, however,that subject to the availability offending, provided in the Budget, the total cost of the approval for the hiring of replacement clerical shall Contract shall be reduced to the net amount of be a Contractor determination. actual Contractor expenditures made for such purposes. The total amount to be paid by the o. No Limitation On Rights County shall not exceed the lesser of(i)actual net expenditures or(ii)the total cost of the Contract on Notwithstanding anything in this Article V to the the cover page and in the Budget. Upon contrary,the County shall have available to it all termination or expiration of the Contract, if the rights and remedies under the Contract and at law Contractor's total amount of allowable expenses is and equity. less than the total amount of the payments made during the Term, the Contractor shall prepare a P. Comptroller's Rules and Regulations check payable to the Suffolk County Comptroller for the difference between the two amounts and The Contractor shall comply with the submit such payment to the County,along with the "Comptroller's Rules and Regulations for final Suffolk County Payment Voucher. Consultant's Agreements" as promulgated by the Department of Audit and Control of Suffolk k. Travel, Conference, and Meeting Attendance: County and any amendments thereto during the SOP A-07 Amendment 1 Term of the Contract. The"Comptroller's Rules ® and Regulations for Consultant's Agreements"and Reimbursement to the Contractor for travel costs "SOP A-07 Amendment 1"may be viewed online shall not exceed amounts allowed to County at the County's website,SuffolkCountyny.gov;go employees. All conferences that are partially or to "Government," then "Comptroller," then fully funded by the County that the Contractor's "Consultant's Agreements." staff wishes to attend must be pre-approved, in writing,by the County and must be in compliance with Suffolk County Standard Operating Procedure A-07 which may be viewed online at the County's End of Article V website, SuffolkCountyny.gov; go to "Government," then "Comptroller," then "Consultant's Agreements." 1. Salaries The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all withholding and payroll taxes to the Federal/State governments has been provided to the County. M. Salary Increases No salary, wage, or other compensation for the Services shall be increased over the amount stated in the Budget without the prior written approval of the County. Page 33 of 33 Pages CERTIFICATION REGARDING LOBBYING,DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS AND DRUG-FREE WORKPLACE REQUIREMENTS Applicant should refer to the regulations cited below to determine the certification included in the regulations before completing the form. Signature of this form provides for compliance with certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying," and 2 CFR Part 180, "Government-wide Debarment and Suspension (Non-Procurement) and representation of fact upon which reliance will be placed when the Department of Labor determines to award the covered transaction grant, or cooperative agreement. 1. LOBBYING As required by Section 1352,Title 31 of the U.S.Code and implemented at 34 CFR Part 82 for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Section 82.105 and 82.110, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension,continuation,renewal, amendment, or modification of any Federal grant or cooperative agreement. (b) If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of a member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement all certifications pursuant to such payments have been or will be filed as required under 34 CFR Part 82,Section 82.100(a-e). (c) The undersigned shall require that the language of the certifications referenced in 1 (b) be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements and subcontracts)and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989), implemented at 2 CFR part 180.335, for prospective participants in primary covered transactions, as defined at 2 CFR part 200 and the Department of Homeland Security's regulations at 2 CFR Part 3000. A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department of agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or contracts under a public transaction,violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; (c) Are not presently under indictment or otherwise criminally or civilly charged by a Government entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph A(b)of the certification; and (d) Have not within a three-year period preceding this application had one or more public transactions(Federal, State and local)for cause or default;and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach and explanation to this application. GM 50 2-18 3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at - 2 CFR part 182, Subpart B, for grantees, as defined at 2 CFR part 182,Sections 182.635 and 182.655. A. The applicant that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling,rehabilitation,and employee assistance program;and 4. The penalties that may be imposed upon employee for drug abuse violation occurring in the workplace: (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d) Notifying the employee in the statement required by paragraph (a)that as a condition of employment under the grant, the employee will: 1. Abide by the terms of the statement and; 2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency,in writing within 10 calendar days after having received notice under subparagraph(dx2) from an employee or otherwise receiving actual police of such conviction. Employers of convicted employees must provide notice,including position title,to: Director,Grants Management Bureau,State Office Building Campus,Albany,New York 12240. Notice shall include the identification number(s)of each affected grant. (f) Taking one of the following action,within 30 calendar days of receiving notice under subparagraph(dx2),with respect to any employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the Requirements of the Rehabilitation Act of 1973,as amended;or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal,State or local health,law enforcement,or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b),(c),(d),(e),(0, B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with this specific grant. Place of Performance(street,address,city,county,state,zip code). DRUG-FREE WORKPLACE(GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 2 CFR part 182, Subpart C, for grantees, as defined at 2 CFR part 182,Sections 182.635 and 182.655. A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance in conducting any activity with the grant;and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity,I will report the conviction, in writing, within 10 calendar days of the conviction, to: Director, grants Management Bureau, State Office Building Campus,Albany,NY 12240. Notice shall include the identification number(s)of each affected grant. GM 50 2-18 CERTIFICATION OF COMPLIANCE WITH CLEAN AIR AND WATER POLLUTION CONTROL ACTS (applicable to grant or subgrant agreements exceeding$150,000) As required by the Clean Air Act, as amended, 42 USC 7401-1671 et seq., the Federal Water Pollution Control Act, as amended,33 USC 1251-1387 et seq.,and Executive Order 11738. In addition to the foregoing requirements,the grantee shall certify,the following: A. As a condition to the grant,I certify that I will comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act,as amended,(33 USC 1251-1387). B. As a condition of the grant,violations will be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). ❑ Check if there are workplaces on file that are not identified here. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Town of Southold Name of Applicant/Grantee/Subgrantee Scott A. Russell Supervisor Printed Name and Tit of Au orized Re esentative IV a Signature Date GM 50 2-18 9'6 e Steven Bellone �A�{t ��� Rosalie Drago Suffolk County Executive Commissioner SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS UNION ORGANIZING CERTIFICATION/DECLARATION-SUBJECT TO AUDIT If the following definition of"County Contractor"(Union Or2anizinE Law Chapter 803)applies to the contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections 1, III, and IV below. If the following definitions do not apply,the contractor/beneficiary must complete Sections II,III and IV below. Completed forms must be submitted to the awarding agency. County Contractor:"Any employer that receives more than$50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies;pursuant to a Suffolk County grant;pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year;or pursuant to a subcontract with any of the above." Section I ❑ The Union Organizing Law applies to this contract.I/we hereby agree to comply with all the provisions of Suffolk County Local Law No.26-2003,the Suffolk County Union Organizing Law(the law)and,as to the goods and/or services that are the subject of the contract with the County of Suffolk shall not use County funds to assist, promote, or deter union Check if organizing(Chapter 803-3),nor seek reimbursement from the County for costs incurred to assist,promote,or deter union Applicable organizing. I/we further agree to take all action necessary to ensure that County funds are not used to assist,promote,or deter union organizing. I/we further agree that I/we will not use County property to hold meetings to assist,promote,or deter union organizing. I/we further agree that if any expenditures or costs incurred to assist,promote,or deter union organizing are made, I/we shall maintain records sufficient to show that no County funds were used for those expenditures and,as applicable,that no reimbursement from County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority,the County Comptroller,or the County Department of Law upon request. I/we further affirm to the following as to the goods and/or services that are the subject of the contract with the County of Suffolk: • I/we will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; • I/we will not coerce or intimidate employees,explicitly or implicitly,in selecting or not selecting a bargaining representative; • I/we will not require an employee,individually or in a group,to attend a meeting or an event that is intended to influence his or her decision in selecting or not selecting a bargaining representative; • I/we understand my/our obligation to limit disruptions caused by pre-recognition labor disputes through the adoption of non-confrontational procedures for the resolution of pre-recognition labor disputes with employees engaged in the production of goods or the rendering of services for the County;and • I/we have or will adopt any or all of the above-referenced procedures,or their functional equivalent,to ensure the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said procedures in such certification. Section II The Union Organizing Law does not apply to this contract for the following reason(s): Non-Financial Agreement Check if Applicable DOL-1,01 1 15 Section III Contractor Name: Town Of Southold Federal Employer ID#: 11-6001939 Contractor Address: P.O. Box 1179 // 53095 Main Road Amount of Assistance: -0- Southold, NY 11971 //Southold, NY 11971-0959 Vendor#: N/A Contractor Phone#: 631-765-1889 Description of projector service: worKsite for,Migible par+ioipants Section IV In the event any part of the Union Organizing Law, Chapter 803 of the Laws of Suffolk County, is found by a court of competent jurisdiction to be preempted by federal and/or state law,this certification/declaration shall be void ab initio. Section V I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the above is tr and correct. Authorized Signature Date Scott A. Russell Supervisor Print Name and Title of Authorized Representative DOL-1,01 12/20 Steven Bellone Rosalie Drago Suffolk County Executive a�s' Commissioner SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING &CONSUMER AFFAIRS NOTICE OF APPLICATION FOR COUNTY COMPENSATION LIVING WAGE CERTIFICATION/DECLARATION—SUBJECT TO AUDIT If either of the following definitions of'compensation'(Living Wage Law Chapter575-2)applies to the contractor's/recipient's business ortransaction with Suffolk County,the contractor/recipient must complete Sections 1,3,4 below. If the following definitions do not apply,the contractor/recipient must complete Sections 2,3 and 4 below. Completed forms must be submitted to the awarding agency. "Any grant,loan,tax incentive or abatement,bond financing subsidy or other form of compensation of more than$50,000 which is realized by or provided to an employer of at least ten(10)employees by or through the authority or approval of the County of Suffolk,"or "Any service contract or subcontract let to a contractor with ten(10)or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk(except contracts where services are incidental to the delivery of products,equipment or commodities)which involve an expenditure equal to or greater than $10,000. For the purposes of this definition,the amount of expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods,products,equipment,supplies or other property is not'compensation'for the purposes of this definition." Section I ❑ The Living Wage Law applies to this contract. Uwe hereby agree to comply with all the provisions of Suffolk County Check if Local Law No.12-2001,the Suffolk County Living Wage Law(the Law)and,as such,will provide to all full,part-time or temporary employed persons who applicable perform work or render services on or for a project,[natter,contract or subcontract where this company has received compensation,from the County of Suffolk as defined in the Law(compensation)a wage rate of no less than$15.00 per hour worked with health benefits,as described in the Law,or otherwise $15.12 per hour or the rates as may be adjusted annually in accordance with the Law.(Chapter 575-3 B) Uwe further agree that any tenant or leaseholder of this company that employs at least ten(10)persons and occupies property cruses equipment orpropertythat is improved or developed as a result of compensation or any contractor or subcontractor of this company that employs at leastten(10)persons inproducing or providing goods or services to this company that are used in the projector matter for which this company has received compensation shall comply with all the provisions of the Law,including those specified above.(Chapter 575-2) Uwe further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code,investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter,including the production for inspection&copying of payroll records for any or all employees for the tern of the contract or for five(5)years, whichever period of compliance is longer.All payroll and benefit records required by the County will be maintained for inspection fora similar period oftime. (Chapter 575-7 D) The Suffolk County Department of Labor,Licensing&ConsumerAffairs shall review the records of any Covered Employer at least once every threeyears to verify compliance with the provisions of the Law. (Chapter 575-4 C) IMPORTANT! IF SECTION I IS CHECKED,APPLICANT MUST PROVIDE THE FOLLOWING INFORMATION: -- Projected Wage Levels: Complete the chart below listing hourly wage rates,number of hours worked per week,compensated days off received yearly and indicate if medical benefits are received for each employee dedicated to fulfilling the terms of this contract. Note: Complete the fo owing chart only if the Livin Wage Law applies and if Section I above is checked. Works less Works 20 Employee Full-time employees receive at least 12 Employee Name Hourly than 20 hours hours or more actually compensated days off per year. Part-time and Title Wage per week per week receives health employees receive prorated compensated Rate (Yes or No) (Yes or No) benefits time off in increments proportional to full- Yes or No) time employees Yes or No) Section II The Living Wage Law does not apply to this contract for the following reason(s): (Please check all that apply to this contract.) Check if ❑Employ less than 10 employees ❑ Grant,loan,tax incentive or abatement, ❑Amount of Compensation is less than$10,000. applicable ❑Do not have any employees working in bond subsidy or other form of for the furnishing of services Suffolk or Nassau Countiescompensation is$50,000 or less. m Other: Nan-Financial Agreement m No cost to Suffolk County E3 Pay prevailing wage rates Section III Contractor Name:Town of Southold Federal Employer ID or SSN#: 11-6001939 Contractor Address:P.O.Box 1179 // 53095 Main Road Amount of Compensation: $0.00 Southold,NY 11971//Southold,NY 11971-0959 TermofContrac 07/01/22-06/30/27 Contact Name: Scott A.Russell Contractor Phone# 631-765-1889 Award' QAg�en . SCDOLLCA Contract ID#: N/A Description of project or service: Uzl J i Section IV I declare under penalty eduryunder the Laws of the State of New York that the undersigned is authoriz to provide this certification,and that the above is true and correct. Authori r. tore Date Scott A.Russell Supervisor Print Name and Title of Authorized Representative DOL-LW 1/38(Revised 12/21) ��J •VViI'v:J' Steven Bellone " y�1o, EP`� Rosalie Drago Suffolk County Executive ✓' Commissioner SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS NOTICE OF NON-APPLICABILITY FOR COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 353 (2006) To Be Completed By Awarding Agency The Lawful Hiring of Employees Law does not apply to the covered employer,contractor or sub-contractor, listed below. Please check the appropriate box to indicate the basis for non-applicability. Contractor Name: Town of Southold ID# 11-6001939 Federal Employer Contractor Address: P.O. Box 1179 // 53095 Main Road Southold, NY 11971 //Southold, NY 11971-0959 Contractor Phone#: 631-765-1889 Description of projector service: WorKsifo for oliaiblo pcir+iCJR0rnfs Recipients of compensation from the County, through any grant, loan, subsidy, agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is NOT one hundred percent(100%) funded by the County. This law shall not apply to the subcontractors of not-for-profit corporations. VV Authorized County Signature Date Donna Worshoufsky, Labor Specialist V Print Name and Title of Authorized County Representative DOL-LHE6 1115 SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS —LOCAL LAW COMPLIANCE UNIT NOTICE OF NON-APPLICABILITY OF LIVING WAGE LAW. Living Wage Law, Suffolk County Code, Chapter 575 (2001) To Be Completed By The Local Law Compliance Unit DATE: March 14, 2022 TO: Kristen Wldai, S.C. Dept. of Labor Licensing & Consumer Affairs FROM: Cao�P. ossert, Director Local Law Compliance Unit TELEPHON (631) 853-3808 EMPLOYER: Town of Southold VENDOR#: 11-6001939 REF: Worksite You are hereby notified that the response from Town of Southold has been evaluated by the Local Law Compliance Unit of the Suffolk County Department of Labor, Licensing & Consumer Affairs. We find that this employer is not covered by the Suffolk County Living Wage Law (Local Law #12-2001), and that the requirements of this law as currently constituted do not constrain this contractor at this time. Carolyn Bossert Director, Local Law Compliance Unit Suffolk County Department of Labor, Licensing & Consumer Affairs LW-26 (Revised 2/13) SUFFOLK COUNTY DEPARTMENT OF LABOR.LICENSING& CONSUMER AFFAIRS NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES Suffolk County Code,Chapter 353 (2006) To Be Completed By The Local Law Compliance Unit DATE: March 14, 2022 TO: Kristen Peldai, S.C. Dept. of Labor, Licensing & Consumer Affairs FROM: Ca of os ert Director PHONE #: ( 31) 853-3808 EMPLOYER: Town of Southold VENDOR#: 11-6001939 REF: Worksite You are hereby notified that the submission from Town of Southold has been received by the Local Law Compliance Unit of the Suffolk County Department of Labor, Licensing & Consumer Affairs. We find that this submission is complete and is in compliance with the requirements set forth by the Suffolk County Lawful Hiring of Employees Law (Local Law #52-2006). LHE-3 (Revised 2/13)