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HomeMy WebLinkAboutYouth Bureau RECEIVED OCT 1 9 2022 f{ Southold Town Clerk Office of the TownAttorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 .Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Denis Noncarrow, Town Clerk From: Missy Mirabelli Secretary to the Town Attorney Date: October 19, 2022 Subject: Youth Bureau agreement w/ Suffolk County With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /mm Enclosures cc: Accounting Youth Bureau i "�liev.04/27/2022;Law.No. a�-tl�, � IFMS SCSEXE 22000006710 t. L ne Item/Omnibus Grant(State) Pseudo Code JSY1 Contract This Contract("the Contract")is between the County of Suffolk("the County"), a municipal corporation of the State of New York, acting through its duly constituted Suffolk County Youth Bureau("the Department"), located at the H. Lee Dennison Building-3rd Floor, 100 Veterans Memorial Highway, Hauppauge,New York(Mailing address: P.O. Box 6100,Hauppauge,New York 11788-0099); and Town of Southold ("the Contractor"), a Municipal Corporation,having an address at 53095 Route 25, Southold,New York 11791. The Contractor has been designated to receive funds from the County for Juvenile Delinquency Prevention Program("the Services") as set forth in Article I, entitled"Description of Services." Term of the Contract: January 1,2022 through December 31,2022;with an option to extend the Contract,to be exercised at the County's discretion,to June 30,2023 on the same terms and conditions herein. Total Cost of the Contract: Shall not exceed$17,464.00,to be paid as set forth-in Articles V and VI as set forth herein,unless revised by a Suffolk County Resolution and in accordance with paragraph Le. of Article V of this Contract Terms and Conditions: Shall be as set forth in Articles I through VI,attached hereto and made a part hereof. In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below. Town of Sou7�� � COUNTY FSU F By: Name: By: Title:-rOWO TWOa-pen)[W Lisa Black Fed.Tax ID#: WOO kq,�Q Chief Deputy Con Executive �1 Date: `1� Date: cel C$C1 u SSe,il hereby certifies under penalties of perjury that I am an officer of Approved: -Tc a SO� 11 t 6 Suffolk County You t u 'Y i, , that I have read and I am familiar with§A5-8 of I OF Article V of the Suffolk County Code,and that By: Tu�OXI,®� SO 01"W kk - Name: Roderick A Pearson meets all require e is to qualify for exemption Title: Executive Director thereunder. Name _– I�,— Date O L2 Q Pim Date�__� Approved as to Form: Dennis M. Cohen Countyttorney By: � -coc(� Name: Q CG1�'11 Assistant pC u�I Attorney Date: 1 of 26 pages A Rei.04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 List of Articles Article I Description of Services 1. Conflicting Provisions ns 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 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 Party Beneficiaries 19. Certification as to Relationships 2 of 26 pages Rev.04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 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's/Vendor'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 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 3 of 26 pages Rev. 04/27/2022; Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 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 Property 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 1. Salaries m. Salary Increases n. Contractor Vacancies o. No Limitation On Rights p. Comptroller's Rules and Regulations Article VI Budget 4 of 26 pages Rezv.04/27/2022; Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSYI Article I Description of Services Whereas,the Contractor has been identified in the 2022 Suffolk County Adopted Budget under the pseudo code as listed on page one of the Contract to perform the Services for the Department; and Whereas,the Department desires to have the Contractor provide a Juvenile Delinquency Prevention Program;and Whereas,the Contractor agrees to provide such a program to the County; Now therefore,in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Services Description of Services referred as set forth in the Program Summary,Description of Services and requirements. Legislative Designated Funding Application; Description of Services (see 2-3 pages following,.as applicable. 3. Contract Agency Performance Measures and Reporting Requirements—Local Law No.41-2013 a. If payment under this Contract may exceed$50,000, it is subject to the requirements of Suffolk County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of Chapter 189 of the Suffolk County Code)as set forth in Article IV ofthis Contract entitled"Suffolk County Legislative Requirements." b. The Contractor shall cooperate with the Department in all aspects necessary to carry out the requirements of Local Law 41-2013. 4. SuffolkSTAT Beginning in the second month of the Contract Term for contracts subj ect to Suffolk County Local LawNo. 41-2013, the Contractor shall submit monthly actual performance data, also known as key performance indicators ("KPIs") for the prior month's data, and analysis of the Contract performance measures via the County's SuffolkSTAT application by linking onto http://suffolkstat.suffolkcountyn�gov no later than the 15th of each month of the Contract Term, as more specifically set forth in Annual Agency Performance Agreement. 5 of 26 pages ARTICLE I R Rev.04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 End of Text for Article I 6 of 26 pages ARTICLE I OCFS=5001(Rev.11/2013) Page`4f21 A = NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES INDIVIDUAL PROGRAM APPLICATION Program Information Program Title: y:QXDSr Dor CrjtyAs=Only�JT � y, Program Year. Town of Southold ^ °j4 ��=x�: �.:G:,�.u��:��=rt:.�.��=,:�-..,, -:z�: 2022 a.'Y ,"{r "v? -';T^'p+S*n•K?' "+-'aa'a� hv:.E' w.:-.'=:.-.-.,7=: :�:N.` ;."7�`;y� - i?„ -•';�`�m:c.' ,r'+h- i'9t•:f,": ",,,!;'t -:-/ ,�`v:=,a.;:< z.r:';.m.;:rs 7't+«>.�,,�.."_ z„�:,w ix7'� •,*c�. _ '3�” :?ir.<'•a. ,2, ,mom.. ':.'9 -t•^%'t..^�` pi�:f",: fie'. :r-� F' y ?:F.-�..;•r;:: ���';:«...�.. ��.�v?,�a"�`,�,-r3'.,..:`��', � }�# ':=� cy��._,.�,.��„''r�,�u-. ” -cr:-:urr.a�.�`' �.� .`.;t;r ;t,. ^w�•f^?�,t..rc s;..:c�-.�.Dw,�,^�^.�'.:�,: �'•�+,;'x'4'�:i.--.t.�r�r�::z, <F'��i;,;:':-.�: .'C.�" sU. ;,?;;;, .s�°•.,.,2 y .�`. „.,.:.:f-..�'„ v,�� '`I'J�.--�. Funding Category: L County: ®Youth Development Funding ❑RHYA-Part I ❑RHYA-Part II Suffolk ._�F'."'�:^".F-" .-•s.Y"'.: -•„`�,=x,.:.s:�, 1" -•,�:s.,a,, ^y,v=xr: ;3`-r•:iti'f:`. AF aM .t *.,.'"1 ,� _e '. .r..,-d c'^"''•" ::•^-.�,`rr�.ns:,-"1b� �a ;F.,� `.xrY`-'Yah,,, :a�.•r....,.r,P• e;, :•'.'s,wfi,�., �•x:i ,! AFIIND.EIMOUNiTS '"� r � ? sciS ;,ks es �' <,a.• ��»vw.,=".:r. r �,z�..� x:: p •: . Total Program Amount: OCFS Funds Requested: $17,464.00 $17,464.00 .:,�; s,::<a--c-�: '":mac"z"�.T.:^• `k,%,:*r i ""/ r,:-:;:,a.. :yrtY z w.sem.: i< o �•;F1 ou Zoeatecl`� " � x?- �=. '��� ��<":�' ;?= �:�,:-3`� �;'=``=-•a-�' 60%State Aid RHYA Programs ONLY] /°Tax Match st';-f. '' ri•�.'�•.c�:��^'r=r� :�K='�+-x �a `ter -Y~" �.4. i». �" 'v+�� ',:?:. Y�y�� •,;:�''ti`�`',:'.aF�. ''c: :�:.�-i���-.l+#`�i'(�s ,tet.'��`.._�`'e.�.rs. .z�t�wat"�.l-" .a � x;t ur #� "�c .a �y' _�vr- � s,4zx•-„�.-',Sy.�;.^ :�_i�:.Z:n;;} z� _� �.�:^t=:•��':n'.` ,�.-•,.� �VX?c,'�� *�4.,�. � .,����, /°Agency Cash: %In Kind �a«° ”».�'�� i �?;k,.• �ru-"•"z'4,�-�0.+ q^z--,rk=uL� „SiSr.�.i'.`t (.� i:. ��x`',z�"w F 'vl:=3v r:n c...•�`5::.:�d:�.. e Fc•';L�x„Yv'`:ae.:�r3�f=.ri.:\:: #'::•:..fi;�-irlls':�.`�. t13£F':::"'".X`'1.,�'!�" gyt - -%+:fiFa`- ,�,?'.`,:• i'rrg '?."35.3 *.�.�;T�- "s;y'�.'7,,,"` "'.zxN".:ti'i� st,ti<.,'";s??>,•a`-z'�';:..> a-�n:"%2 ,.'�. ., ,rgyiF;F.;1'.w '�'•. ^s. x;+�'> -:i',i " . ...,rpt'„';.:, ..�^,. a^s:” --,5.,c...,d.w:a ' :t•"' _,,,x-,.:.;,. r.;y:.s.,�.,. "*- �'+'�asn.- -..t-s�.:y-:$��..�.��,_.�r;...:eva:;';�.. �yv�,-`.^c.�:r. .,.J....-,..,..,.�.�c=:i-'� a}�. R:.•;�..,f..- �:•�;�..... r�.. .�' uAG1=NC_X�N�ORIII_IiA�_Ti:Q_N.,..,..�,,��.::r3;t a=�-..��:�.7�� x«�. �,a�ua.�z„-s�..`�w-:.-.anur.�>n=�.wr,�,.y_svv�>F.:.�s`�•�.�-`-.k-�'".q� " �'s"aL<.. This Agency is: rt Federal ID M Charities Reg.#: El Private,Not for Profit ®Public E]Religious Corporations 11-6001930 NA Agency Website: Implementing Agency: www.southoldtownny.gov Southold Police Dept Mailing Address: P.O. Box 911 Address Line 2: 41405 Route 25 City: State: Zip Code: Peconic NY 11958 ..,;n•a .,1s=" .za.--. •-,t,> - •cg ;...4-'F�+e:a .�s.•,"i," ;.c��.. .siti'.s." ;,�';:^r-az�F•=;5;':" :+,5.;.. :°n•�-3':t "."�j"Yu ',:�'.'=• � �4'k°:a "S<a<.;i:�:'�:^ .'�:a=i;': -•,V-'-''",'"-X-.^'-`-�'-s''Lti'a+.. �=�: :>�}a\.�";�� .„�„ h:r'x�.-r`.�.'r�'it;^.0}:->?,`�?;-. �E�ECIJTIVE�DIREG?T08d?OR'/`,GENCY. ,.:�.� �,�:. .,.c..,,u�i�:_..���':��-:�:,.:,,�.? �,,> s��,Jn;�:c`e�.i�-R�=,��:_,.,.:�v�.�-,•.��:..,"„_.�K.' ::.p.�-.^��:-;��: �,.�;a:._ Last Name: First Name: Russell Scott Title: Phone Number. Extension: Town Supervisor 631-765-1889 Fax Number: E-Mail: 631-765-1823 scott.russell@town.southold.ny.gov ..,\+.� •'1, ^a.:- =".4^N'Src wit:x zt,� ..„<y.,. :'?"%: '}.,:'” :,'Iia iS"e' .-.�=:,;_J;�:. ,..x., .°T`},: ;,:5'.,'•"•h>v?- sa}•:. "z�.i`�'»`:e:y`•,u; .r::-rte. -'�i'i�". .=.'S..'•a ��rax'^ i-:pL° .*.?5+." . _..j,."'e,�v.:J". �L ""'"3 .s��, pl?,ry '�.�Y':• ..{::3.�.a.�.,a; r,.�... .s�°,5i'v.r� _nl^ ^..:"i""Ci%1�1y����•.W'.':,x",. s-:.v'"" ..,'1,vv; �:,5":Er:'+Zi ,i'yc`�'' ..af-a. ...5� r�•'�t''i i®iNe, .'�v��iJ' .'"�''.�LL�. �- -,..} .<Y° � 3 ,Si';', rf. +.=s, .,r', �=`i•..... ..�; %s`+•.:..,,_.,..- ice•`?n�afa.•,.:�.:a.�.,2-':�,-., c+�-zfi{,�.::.�d.'_,._.e.:::,..'S.�'.-.:-�.;. �COMT�ICT;^PERSON.FOR-��EIVGY:. ..<- ..�.�.�?:•'t'.�t......,._.�:�::� a.�.. ..t�=-,"`� .r/... :.,���:�".,`',,,:;w,�,,,,.� .,,�... Last Name: First Name: Moloney Tracey Title: Phone Number. Extension: Youth Beaurau Director 631-765-8251 Fax Number: E-Mail: traceym@southoldtownny.gov „...y:. '.x2.st.=.. �'A:.;•.?,^` i;L..uH"�bL :.# .F :•.C-'s s�"'r-..-,. .:,.x:..,,, -xm"e::s.:,,. ;,:a.. •n,y, •-<:>:, :st. r:6x__ "r:'`" •.,. ,ic.. aiT?-;,h.., x r PERIO,Q„OOF�Q�CT.UA .P. _O�P��R�.. N., ;�=5;:,•.,., Stu; ,�:,..f>�HO.CIRS�,OF�O.RERAT.ION�,,, FROM: 01/01/2022 TO: 12/31/2022 FROM: 9AM TO: 5PM ❑ Daily ❑ Other(Explain) EXECUTIVE DIRECTORY/BOARD CHAIRPERSON SIGNATURE Disclaimer:Please note that submission of these forms to the County Youth Bureau does NOT guarantee funding will be allocated to your program. ❑ Changes have been submitted on the electronic OCFS-5001,5002,5003. F Town of Southold Youth Bureau 970 Peconic Lane Peconic, NY 11958 Southold Town Police Juvenile Aid Bureau The Jabs Officers provide alcohol, drug, crime prevention,gang awareness, bicycle safety, DWI &driver safety programs,tours of the police agency, administers the DARE program in local schools, provides.instruction.in law related classes,,assists school counselors and administrators, addresses community groups and provides classrooms lectures to drivers education classes as well assists the Southold Town Youth Court.The JAB Officers also serve on the Town of Southold Youth Bureau Board and works with the Youth Bureau to provide programs for the Youth of the Town. The JAB program also seeks to provide early prevention of anti-social-and criminal behavior by establishing a diversion procedure for youth.The target group to be served is between the ages of 5-18 years.The JAB Officers refer young people to the Southold Town Youth Services Program,Town of Southold Youth Court or other appropriate agencies. For individual, group, or family counseling.The Southold Town JAB Officers are available to young people.and their families in the Town of Southold.The JAB Officers act in a prevention role and as a liaison among the Police Dept.,schools, parents and the community.They also serve as School Resource Officers for (5) of the township's school districts. These programs are open to all Suffolk County Youth Residents. If NYS is on pause,the program will operate virtually. 2 4 Rev. 04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 or Article H d. the Contractor's failure to comply with any Definitions Federal,State or local law,rule,or regulation,and County policies or directives;or 1. Meanings of Terms e. the Contractor's bankruptcy or insolvency;or As used herein: f. the Contractor's failure to cooperate in an Audit of Financial Statements;or "Audit of Financial Statements"means the examination by the Comptroller and any Federal or State auditing authority of g. the Contractor's falsification of records or reports, the financial statements of the Contractor resulting in the misuse of funds,or malfeasance or nonfeasance in publication of an independent opinion on whether or not those financial record keeping arising out of, or in financial statements are relevant,accurate,complete,and fairly connection with,any contract with the County;or presented. h. the Contractor's failure to submit, or failure to "Budget"means the Contractor's summary or plan of all timely submit,documentation to obtain Federal or intended revenue,whether received in the form of fees,grants,County State funds;or funding,or any other source,and expenditures necessary to render the Services. i. the inability of the County or the Contractor to obtain Federal or State funds due to any act or "Budget Deficiency Plan" means an analysis of the cost of the omission of the Contractor;or Services,changes in fiscal conditions,and required modifications to the Contract to continue to render the Services. j. any condition that the County determines, in its sole discretion,is dangerous. "Comptroller"means the Comptroller of the County of Suffolk. k. the failure to comply with Local Law 41-2013 and "Contract"means all terms and conditions ofthis Contract forming all related contractual requirements. rights and obligations of the Contractor and the County. "Federal"means the United States government,its departments,and "Contractor"means the signatory corporation, its officers, officials, agencies. employees, agents, servants, sub-contractors, volunteers, and any successor or assign of any one or more of the foregoing performing the "Fringe Benefits"means non-wage benefits which accompany,or are Services. in addition to,a person's salary, such as paid insurance, sick leave, profit-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 "County Attorney" means the County Attorney of the County of Contractor by the County pursuant to any lawful obligation. 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 "Engineering Services" means the definition of the practice of Contractor's certified public accountant or chief financial officer of engineering and the definition of practice of land surveying,as the case findings and recommendations for improvements in internal fiscal may be,under Section 7201 and Section 7203 of the State Education control that were identified during an Audit of Financial Statements,but Law,respectively. which were not 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 "Services"means all that which the Contractor must do,and any part required of it under paragraphs 1(b)-(e)of Article thereof arising out of,or in connection with,the Contract as described III of the Contract;or in 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; 7 of 26 pages ARTICLE II Rev.04/27/2022; Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 "Suffolk County Payment Voucher"means the document authorized 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 H 8 of 26 pages ARTICLE II Rev.04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 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 may be, 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 9 of 26 pages ARTICLE III Rev.04/27/2022; Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 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 Ill. 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 ofthis 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, fres, 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, if required by law. The any acts or omissions of the Contractor, including Contractor shall furnish to the County,prior to its reimbursement of the cost of reasonable attorneys' fees execution of the Contract, the documentation incurred by the County, its agents, servants, officials, and required by the State of New York Workers' employees in any action or proceeding arising out of, or in Compensation Board of coverage or exemption connection with,the Contract. from coverage pursuant to §§57 and 220 of the 10 of 26 pages ARTICLE III Rev.04/27/2022; Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 Workers'Compensation Law.In accordance with anything contained in this Contract,the Contract shall not be General Municipal Law§108,the Contract shall be construed as creating a principal-agent relationship between void and of no effect unless the Contractor shall the County and the Contractor or the Contractor and the provide and maintain coverage during the Term for County,as the case may be. the benefit of such employees as are required to be covered by the provisions of the Workers' 6. Severability 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 ofthe 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 Bights 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 the Contractor shall Punish to the County, prior to the be limited to,the County's option to withhold from a Fund execution of the Contract, a declaration page or insuring Source an amount no greater than any sum due and owing to agreement and endorsement page evidencing the County's the County for any reason. The County shall exercise its set- status as an additional insured on said policy, and upon off rights subject to approval by the County Attorney. In demand, a true and certified original copy of such policy cases of set-off pursuant to a Comptroller's audit,the County evidencing compliance with the aforesaid insurance shall only exercise such right after the finalization thereof, requirements. and only after consultation with the County Attorney. E All evidence of insurance shall provide for the 9. Non-Discrimination in Services and Employment County to be notified in writing thirty(30)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 h. 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 self- to the individual's receipt of the Services insurer for any of such required coverage,the Contractor shall provided pursuant to the Contract;or provide proof, acceptable to the County, of self-funded iv.) restrict an individual in any way from 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 11 of 26 pages ARTICLE III Rev. 04/27/2022;Law No. 1FMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 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. vi.) 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 ofthe 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 of New 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 12 of 26 pages AR'T'ICLE III Rev.04/27/2022; Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 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, 13 of 26 pages ARTICLE III Rev. 04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 films,tests,tutorials,and any other work product of any kind) and all intellectual property rights relating thereto ("Work 23. Lawful Hiring of Employees Law in Connection with Product') are and shall be the sole property of the County. Contracts for Construction or Future Construction The Contractor hereby assigns to the County its entire right, title and interest,if any,to all Work Product,and agrees to do In the event that the Contract is subject to the Lawful Hiring all acts and execute all documents,and to use its best efforts of Employees Law of the County of Suffolk,Suffolk County to ensure that its employees, consultants, subcontractors, Code Article II of Chapter 353,as more fully set forth in the vendors and agents do all acts and execute any documents, Article entitled"Suffolk County Legislative Requirements," necessary to vest ownership in the County of any and all the Contractor shall maintain the documentation mandated to Work Product. The Contractor may not secure copyright be kept by this law on the construction site at all times. protection. The County reserves to itself,and the Contractor Employee sign-in sheets and register/log books shall be kept hereby gives to the County, and to any other person on the construction site at all times and all covered designated by the County, consent to produce, reproduce, employees, as defined in the law, shall be required to sign publish,translate,display or otherwise use the Work Product. such sign-in sheets/register/log books to indicate their This paragraph shall survive any completion, expiration or presence on the construction site during such working hours. termination of this Contract. 24. Certification Regarding Lobbying The County shall be deemed to be the author of all the Work Product. The Contractor acknowledges that all Work Product Together with this Contract and as a condition precedent to shall constitute "work made for hire" under the U.S. its execution by the County, the Contractor shall have copyright laws. To the extent that any Work Product does not executed and delivered to the County the Certification constitute a "work made for hire," the Contractor hereby Regarding Lobbying (if payment under this Contract may assigns to the County all right,title and interest,including the exceed $100,000) as required by Federal regulations, and right,title and interest to reproduce, edit, adapt,modify or shall promptly advise the County of any material change in otherwise use the Work Product, that the Contractor may any of the information reported on such Certification, and have or may hereafter acquire in the Work Product,including shall otherwise comply with, and shall assist the County in all intellectual property rights therein, in any manner or complying with, said regulations as now in effect or as medium throughout the world in perpetuity without amended during the term of this Contract. compensation. This includes,but is not limited to,the right to reproduce and distribute the Work Product in electronic or 25. Record Retention optical media,or in CD-ROM,on-line or similar format. The Contractor shall retain all accounts,books,records,and b. Patents other documents relevant to the Contract for seven(7)years after final payment is made by the County. Federal, State, If the Contractor develops, invents, designs or creates any and/or County auditors and any persons duly authorized by idea, concept, code, processes or other work or materials the County shall have full access and the rightto examine any during the Term, or as a result of any Services performed of said materials during said period. Such access is granted under the Contract("patent eligible subject matter"),it shall notwithstanding any exemption from disclosure that may be be the sole property of the County. The Contractor hereby claimed for those records which are subject to nondisclosure assigns to the County its entire right,title and interest,if any, agreements, trade secrets and commercial information or to all patent eligible subject matter,and agrees to do all acts financial information that is privileged or confidential and execute all documents, and to use its best efforts to Without limiting the generality of the foregoing, records ensure that its employees, consultants, subcontractors, directly related to contract expenditures shall be kept for a vendors and agents do all acts and execute any documents, period of ten(10)years because the statute of limitations for necessary to vest ownership in the County of any and all the New York False Claims Act(New York False Claims Act patent eligible subject matter. The Contractor may not apply § 192)is ten(10)years. for or secure for itself patent protection. The County reserves to itself,and the Contractor hereby gives to the County,and 26. Contract Agency Performance Measures and Reporting to any other person designated by the County, consent to Requirements—Local Law No.41-2013 produce or otherwise use any item so discovered and/or the right to secure a patent for the discovery or invention. This a. If payment under this Contract may exceed paragraph shall survive any completion, expiration or $50,000,it is subject to the requirements of Suffolk County termination of this Contract. Local Law No. 41-2013, a Local Law to'Implement Performance Measurement to Increase Accountability and 22. Arrears to County Enhance Service Deliveryby Contract Agencies(Article VIII of Chapter 189 of the Suffolk County Code) as set forth in Contractor warrants that, except as may otherwise be Article IV entitled "Suffolk County Legislative authorized by agreement, it is not in arrears to the County Requirements." upon any debt,contract,or any other lawful obligation,and is not in default to the County as surety. b. The Contractor shall cooperate with the Department 14 of 26 pages ARTICLE III Rev.04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 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 of the 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,New York,11788- 0099. End of Text for Article III 15 of 26 pages ARTICLE III Rev.04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 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 AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON It shall the duty of the Contractor read,become familiar THE SIGNATURE PAGE OF THIS CONTRACT. with, and comply with the requirements of Article I of 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-LO 1;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 ofthe 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-LW1/38(Revised payment, tax incentive, contract, subcontract, license 8/2017)entitled"SUFFOLK COUNTY DEPARTMENT OF agreement,lease or other financial compensation agreement LABOR,LICENSING&CONSUMERAFFAIRS—NOTICE issued by the County or an awarding agency, where such OF APPLICATION FOR COUNTY COMPENSATION- compensation is one hundred percent(1001/o)funded by the 16 of 26 pages ARTICLE IV Rev.04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 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 COMPLL4NCE 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 ofthe All contractors and subcontractors (as defined) of covered Suffolk County Code. employers, and the owners thereof,as the 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 swom 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 ofTitle 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 An updated affidavit shall be submitted by each such the County to a business previously incorporated within the 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. S. 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 17 of 26 pages ARTICLE IV Rev.04/27/2022; Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 "Nonresponsible Bidder." party,in any manner whatsoever,the personal or identifying information of any minor participating in their programs. 9. Use of Funds in Prosecution of Civil Actions Prohibited 13. Contract Agency Performance Measures and Reporting Requirements It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Article III of It shall be the duty of the Contractor to read,become familiar Chapter 893 of the Suffolk County Code. with, and comply with the requirements of Suffolk County Local Law No. 41-2013, a Charter Law to Implement The Contractor shall not use any of the moneys,in part or in Performance Measurement to Increase Accountability and whole, and either directly or indirectly,received under the Enhance Service Delivery by Contract Agencies(Article VIII Contract in connection with the prosecution of any civil of Chapter 189 of the Suffolk County Code)as more fully set action against the County in any jurisdiction or any judicial or forth in Article I and Article III of this Contract. administrative forum. All contract agencies having a contract in excess of$50,000 10. Youth Sports shall cooperate with the contract's administering department to identify the key performance measures related to the It shall be the duty of the Contractor to read,become familiar objectives of the services that the contract agency provides with, and comply with Article III of Chapter 730 of the and shall develop an annual performance reporting plan.The Suffolk County Code. contract agency shall cooperate with the administering department and the County Executive's Performance All contract agencies that conduct youth sports programs are Management Team to establish appropriate performance required to develop and maintain a written plan or policy indicators and targets for monthly evaluation of the contract addressing incidents of possible or actual concussion or other agency's performance. head injuries among sports program participants.Such plan or policy must be submitted prior to the award of a County 14. Suffolk County Local Laws Website Address contract,grant or funding. Receipt of such plan or policy by the County does not represent approval or endorsement of any such plan or policy,nor shall the County be subject to Suffolk County Local Laws,Rules and Regulations can be any liability in connection with any such plan or policy. accessed on the homepage of the Suffolk County Legislature. 11. Work Experience Participation 15. Suffolk County Code of Ethics If the Contractor is a not-for-profit or governmental agency or As required by Suffolk County Standard Operating Procedure institution,each of the Contractor's locations in the County at A-06, the following is a link to the Suffolk County Ethics Booklet,which contains the provisions of the Suffolk County which the Services are provided shall be a work site for Code of Ethics: public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all.times during https://suffoEccountynv.gov/Portals/0/formsdocs/Boardofethic the Term of the Contract. If no Memorandum of s/Code%20of"/o20Ethics%20Booklet%20- Understanding("MOU")with the Suffolk CountyDepartment %20New%20Revised%20Ma %202017. df 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 End of Text for Article IV 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. 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 Personal Information of Minors in Suffolk County. All contract agencies that provide services to minors are required to protect the privacy of the minors and are strictly prohibited from selling or otherwise providing to any third 18 of 26 pages AR'T'ICLE IV Rev.04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 Article V form(s)required by County or the Suffolk County General Fiscal Terms and Conditions Department of Audit and Control, shall be furnished to the County pursuant to,and as limited 1. General Payment Terms by,the Regulations for Accounting Procedures for Contract Agencies of the Suffolk County a. Presentation of Suffolk County Payment Department of Audit and Control. In addition to Voucher any other remedies that the County may have, failure to supply the required documentation will In order for payment to be made by the County to disqualify the Contractor from any further County the Contractor for the Services,the Contractor shall contracts. prepare and present a Suffolk County Payment C. Payment by County Voucher,which shall be documented by sufficient, competent and evidential matter. Each Suffolk Payment by the County shall be made within thirty County Payment Voucher submitted for payment is subj ect to Audit at any time during the Term or any (30) days after approval of the Suffolk County Payment Voucher by the Comptroller. extension thereof. This provision shall survive expiration or termination of this Contract for a d. Budget Modification period of not less than seven(7)years,and access to records shall be as set forth in paragraph 25 of Article III,and paragraph 4(b)of Article V. i.) The parties shall use the Contract Budget Modification Request form ("Budget b. Voucher Documentation Modification") for revisions to the Budget and Services not involving an The Suffolk County Payment Voucher shall list all increase to the total cost of the Contract. information regarding the Services and other items If the Contractor is seeking such a for which expenditures have been or will be made modification, the Contractor shall in accordance with the Contract. Either upon contact the Department to receive the execution of the Contract(for the Services already form and enter the required information. rendered and expenditures already made), or not When the County and the Contractor more than thirty(30) days after the expenditures agree as to such revisions,the Contractor were made, and in no event after the 31"day of shall sign the Budget Modification form January following the end of each year of the and return it to the County for execution Contract,the Contractor shall furnish the County along with any other documentation the with detailed documentation in support of the Department may require. payment for the Services or expenditures under the Contract e.g. dates of the Service, worksite ii.) Such request must be made in advance of locations,activities,hours worked,pay rates and all incurring any expenditure for which the revision is needed. program Budget categories. The Suffolk County Payment Voucher shall include time records, certified by the Contractor as true and accurate,of iii.) Upon complete execution of the Budget all personnel for whom expenditures are claimed Modification form, the County shall during the period. Time and attendance records of return a copy to the Contractor. The a Contractor's Director/Executive Director shall be revision shall not be effective until the certified by the Chairperson, President or other Budget Modification is completely designated member of the Board of Directors ofthe executed. Contractor and shall be maintained by the Contractor for audit. All Suffolk County Payment iv.) The Budget Modification form may be Vouchers must bear a signature as that term is submitted only twice per calendar year defined pursuant to New York State General and may only be submitted prior to Construction Law§46 by duly authorized persons, November 15flL of that year. and certification of such authorization with certified specimen signatures thereon must be filed e. Budget and/or Services Revisions with the County by a Contractor official empowered to sign the Contract. i.) The parties shall use the Contract Disbursements made by the Contractor in Budget/Services Revision Approval accordance with the Contract and submitted for Form (Budget/Services Revisions) for reimbursement must be documented and must revisions to the Budget and Services comply with accounting procedures as set forth by involving any change to the total cost of the Suffolk County Department of Audit and the Contract due to a resolution of the Control. Documentation, including any other Legislature, changes to the County's 19 of 26 pages AR'T'ICLE V Rev.04/27/2022; Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 adopted annual budget,or for any other under which such reimbursement shall reason necessitating revisions to the be paid. Budget or Services. 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 deemed incorporated in and made a part of the signature.The Contractor shall return Contract,and the Contractor shall implement those a the County for execution along with terms and conditions in no less than fourteen(14) any other documentation the Department days. may require. iii.) Upon complete execution ofthe 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 a. Upon request,the Contractor shall submit to the shall not be effective until the County a current copy,certified by the Contractor Budget/Services Revisions Form is as true and accurate,of its completely executed. L Taxes i.) salary scale for all positions listed in the Budget; The charges payable to the Contractor under the ii.) personnel rules and procedures; Contract are exclusive of federal, state, and local taxes,the County being amunicipality exempt from iii.) pension plan and any other employee payment of such taxes. benefit plans or arrangements. g. Final Voucher b. The Contractor shall not be entitled to reimbursement for costs under any pension or The acceptance by the Contractor of payment of all benefit plan the Comptroller deems commercially billings made on the final approved Suffolk County unreasonable. Payment Voucher shall operate as and shall be a release of the County from all claims by the C. Notwithstanding anything in this paragraph 3 of Contractor through the date of the Voucher. this Article V,the County shall not be limited in requesting such additional financial information it 2. Subject to Appropriation of Funds deems reasonable. a. The Contract is subject to the amount of funds 4. Accounting Procedures appropriated each fiscal year and any subsequent modifications thereof by the County Legislature, a. The Contractor shall maintain accounts, books, and no liability shall be incurred by the County records, documents, other evidence, and accounting beyond the amount of funds appropriated each procedures and practices which sufficiently and fiscal year by the County Legislature for the properly reflect all direct and indirect costs of any Services. nature expended in the performance of the Contract,in accordance with generally accepted accounting b. If the County fails to receive Federal or State funds principles and with rules, regulations and financial originally intended to pay for the Services, or to directives, as may be promulgated by the Suffolk reimburse the County, in whole or in part, for County Department of Audit and Control and the payments made for the Services,the County shall Department. The Contractor shall permit inspection have the sole and exclusive right to: and audit of such accounts,books,records,documents and other evidence by the Department and the Suffolk i.) determine how to pay for the Services; County Comptroller,or their representatives,as often as, in their judgment, such inspection is deemed ii.) determine future payments to the necessary. Such right of inspection and audit as set Contractor;and forth in subparagraph b.below shall exist during the Term and for a period of seven (7) years after iii.) determine what amounts, if any, are expiration or termination of the Contract. reimbursable to the County by the Contractor and the terms and conditions 20 of 26 pages ARTICLE V Rev.04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 b. The Contractor shall retain all accounts, books, operations of the Contractor,including a balance sheet records,and other documents relevant to the Contract and statement of income and expenses,attested by the for seven(7)years after final payment is made by the Auditor as fairly and accurately reflecting the County. Federal, State, and/or County auditors and accounting records of the Contractor in accordance any persons duly authorized by the County shall have with generally accepted accounting principles. The full access and the right to examine any of said audited financial statements including respective materials during said period. Such access is granted Management Letters must be emailed to the Executive notwithstanding any exemption from disclosure that Director of Auditing Services at may be claimed for those records which are subject to Audits ,suffolkcountyny.gov within thirty(30)days nondisclosure agreements, trade secrets and after completion of the audit,but in no event later than commercial information or financial information that is nine(9)months after the end of the Contractor's fiscal privileged or confidential. year,to which the audit relates. The Contractor may solicit requests for proposals from a number of C. The Contractor shall utilize the accrual basis of qualified accounting firms and review carefully the accounting and will submit all financial reports and costs of,and qualifications for,this type ofwork before claims based on this method of accounting during the selecting the Auditor. Term. b. The Auditor should be required to meet the following 5. Audit of Financial Statements 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 ii.) sufficient auditing experience in the not- agrees that the Comptroller and the Department for-profit,governmental or profit-making shall have access to and the right to examine,audit, areas,as applicable;and excerpt, copy or transcribe any pertinent 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 C. The audit must be conducted in accordance with designated representatives, the Contractor shall generally accepted governmental auditing standards. repay the amount of such overpayment by check to Financial statements must clearly differentiate between the order of the Suffolk County Comptroller or County-funded programs and other programs that the shall submit a proposed plan of repayment to the Contractor may be operating. The use of subsidiary Comptroller. If there is no response, or if schedules should be encouraged for this purpose. The satisfactory repayments are not made,the County Auditor must also prepare a Management Letter based may recoup overpayments from any amounts due or on the audit. becoming due to the Contractor from the County under the Contract or otherwise. d. "Subrecipients"—Federally Funded Programs and Grants b. The provisions of this paragraph shall survive the expiration or termination of the Contract for a i.) In the event the Contractor is a"Subrecipient"as period of seven (7) years, and access to records that term is defined in 2 CFR§ 200.93 and the shall be as set forth in paragraph 25 of Article III, Contractor expends seven hundred fifty thousand and paragraph 4(b)of Article V. ($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 licensed public accountant or certified public within which it receives funding under the accountant (the "Auditor") to audit its financial Contract,the audit referred to under this paragraph statements for each Contractor's"fiscal year"in which 6 must be conducted and any the audit report must the Contractor has received, or will receive, three be in accordance with OMB Uniform Grant hundred thousand($300,000.00)dollars or more from Guidance — 2 CFR Part 200 ("Single Audit the County, whether under the Contract or other Report"). Single Audit Reports must also be agreements with the County,and shall submit a report uploaded to the Federal Audit Clearinghouse, to to the County on the overall financial condition and the extent required by the OMB Uniform Grant 21 of 26 pages AR'T'ICLE Y Rev.04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 Guidance referred to above. In addition,the Single f. The requirements set forth in this paragraph 6 shall not Audit Report,respective financial statements and preclude the authorized representatives of the County, any Management Letters must be submitted to the the Comptroller, or Federal or State entities from Department set forth on page one of this Contract conducting any other duly authorized audit(s) of and emailed to the Executive Director of Auditing records and financial statements ofthe Contractor.The Services at Contractor shall make such records and financial subrecibientmonitoring(a,)suffolkeountynv.aov statements available to authorized representatives of within thirty (30) days after completion of the Federal,State and County government for that purpose. audit, but in no event later than nine(9)months after the end of the Contractor's fiscal year, to g. The provisions of this paragraph 6 shall survive the which the audit relates. expiration or termination of the Contract. ii.) In the event the Contractor is a"Subrecipient"as 7. Furniture,Fixtures,Equipment,Materials,Supplies that term is defined in 2 CFR§ 200.93 and the Contractor expends less than seven hundred fifty a. Purchases, Rentals or Leases Requiring Prior thousand($750,000.00)dollars ofFederal moneys, Approval whether as a recipient expending awards received directly from Federal awarding agencies or as a Prior to placing any order to purchase,rent or lease Contractor expending Federal- awards received from apass-through entity such as New York State any furniture, fixtures, or equipment valued in and/or Suffolk County, during any fiscal year the excess of one thousand dollars($1,000.00)per unit Contractor must email a certified Exemption Letter, for which the Contractor will seek reimbursement the form of which shall be provided by the from the County,the Contractor shall submit to the Department,on the Contractor's Letterhead and a County a written request for approval to make such Schedule of Federal Funds Expended to the a proposed purchase, rental or lease, with a list respective County Department and the Executive showing the quantity and description of each item, Director of Auditing Services at its intended location and use,estimated unit price subrecipientmonitorinenn,suffolkcountyny�ov or cost, and estimated total cost of the proposed order. Written approval of the County shall be within thirty (30) days of the end of the Contractor's fiscal year. The Schedule of Federal required before the Contractor may proceed with Funds Expended must include all Federal funding such proposed purchase, rental or lease of received directly frompurchased the Federal government and furniture, must be new or like new unless fixtures or equipment. All items all Federal funds passed through from the County p specifically described otherwise in the Budget. and other pass-through entities. b. Purchase Practices/Proprietary Interest of iii.) Subrecipients may include,but not necessarily be County limited to, not-for-profit organizations; units of state government or a unit of local governments. i.) The Contractor shall follow the general practices that are designed to obtain e. Copies of any other audit reports including oversight furniture,fixtures,equipment,materials, agency audits must be submitted to the Department set or supplies at the most reasonable price forth on page one of this Contract and emailed to the or cost possible. Executive Director of Auditing Services at Audits _suffolkcountvnv.gov within thirty(30) days ii.) The County reserves the right to after completion of the audit(s). purchase or obtain furniture, fixtures, equipment,materials,or supplies for the Contractor in accordance with the programmatic needs of the Contract. If the County exercises this right, the amount budgeted for the items so purchased or obtained by the County for the Contractor shall not be available to the Contractor for any purpose whatsoever. Title to any such items purchased or otherwise obtained by the County for the programs encompassed by the Contract and entrusted to the Contractor,shall remain in the County. iii.) The County shall retain a proprietary 22 of 26 pages ARTICLE Y Rev. 04/27/2022; Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 interest in all furniture, removable e. Protection of Property in Contractor's Custody fixtures, equipment; materials, and supplies purchased or obtained by the The Contractor shall maintain vigilance and take all Contractor and paid for or reimbursed to reasonable precautions to protect the furniture, the Contractor pursuant to the terms of fixtures, equipment, material or supplies in its the Contract or any prior agreement custody against damage or loss by fire,burglary, between the parties. theft,disappearance,vandalism,or misuse.In the event of burglary, theft, vandalism, or iv.) The Contractor shall attach labels disappearance of any item of furniture, fixtures, indicating the County's proprietary equipment, material or supplies, the Contractor interest or title in all such property. shall immediately notify the police and make a record thereof,including a record of the results of any investigation which may be made thereon. In C. County's Right to Take Title and Possession the event of loss of or damage to any item of furniture, fixtures, equipment, materials, or Upon the termination or expiration of the Contract supplies from any cause, the Contractor shall or any renewal thereof,the discontinuance of the immediately send the County a detailed written business of the Contractor, the failure of the report thereon. Contractor to comply with the terms of the Contract, the bankruptcy of the Contractor, an f. Disposition of Property in Contractor's Custody assignment for the benefit of its creditors, or the failure of the Contractor to satisfy any judgment Upon termination of the County's funding of any against it within thirty (30) days of filing of the of the Services covered by the Contract,or at any judgment,the County shall have the right to take other time that the County may direct, the title to and possession of all furniture,removable Contractor shall make access available and render fixtures,equipment,materials,and supplies and the all necessary assistance for physical removal by the same shall thereupon become the property of the County or its designee of any or all furniture, County without any claim for reimbursement on the removable fixtures, equipment, materials or part of the Contractor. supplies in the Contractor's custody in which the County has a proprietary interest, in the same d. Inventory Records,Controls and Reports condition as such property was received by the Contractor, reasonable wear and tear excepted. The Contractor shall maintain proper and accurate Any disposition, settlements or adjustments inventory records and controls for all such connected with such property shall be in furniture, removable fixtures and equipment accordance with the rules and regulations of the acquired pursuant to the Contract and all prior County and the State of New York. agreements between the parties,if any. Three(3) months before the expiration date of the Contract, S. Lease or Rental Agreements the Contractor shall make a physical count of all items of furniture, removable fixtures and If lease payments or rental costs are included in the Budget as equipment in its custody, checking each item an item of expense reimbursable by the County, the against the aforesaid inventory records. A report Contractor shall'promptly submit to the County, upon setting forth the results of such physical count shall request, any lease or rental agreement. If during the Term, be prepared by the Contractor on a form or forms the Contractor shall enter into a lease or rental agreement,or designated by the County,certified and signed by shall renew a lease or rental agreement,the Contractor shall, an authorized official of the Contractor,and one(1) prior to the execution thereof, submit such lease or rental copy thereof shall be delivered to the County agreement,to the County for approval. within five (5) days after the date set for the aforesaid physical count. Within five(5)days after the termination or expiration date of the Contract, 9 Statement of Other Contracts the Contractor shall submit to the County six(6) Prior to the execution of the Contract,the Contractor shall copies of the same report updated to such date of submit a Statement of Other Contracts to the County. If the the Contract,certified and signed by an authorized Contract is amended during the Term, or if the County official of the Contractor,based on aphysical count exercises its option right,the Contractor shall submit a then of all items of furniture, removable fixtures and equipment on the aforesaid expiration date, and current Statement of Other Contracts. revised, if necessary, to include any inventory changes during the last three (3) months of the 10. Miscellaneous Fiscal Terms and Conditions Term. a. Limit of County's Obligations 23 of 26 pages ARTICLE V Rev.04/27/2022; Law No. IFMS SCSEXE 22000006710 'Line Item/Omnibus Grant(State) Pseudo Code JSY1 The maximum amount to be paid by the County is programs funded by the County. set forth on the first page of the Contract. f. Payments Contingent upon State/Federal b. Duplicate Payment from Other Sources Funding Payment by the County for the Services shall not Payments under the Contract may be subject to and duplicate payment received by the Contractor from contingent upon continued funding by State and/or any other source. Federal agencies. In the event payments are subject to such funding no payment shall be made until the C. Funding Identification Contractor submits documentation in the manner and form as shall be required by State and/or The Contractor shall promptly submit to the Federal agency. If late submission of claims County upon request,a schedule for all programs precludes the County from claiming State or funded by the County, itemizing for each such Federal reimbursement, such late claims by the program the sums received, their source and the Contractor shall not be paid by the County subject total program budget. to subparagraph g. below, if,for any reason,the full amount of such funding is not made available d. Outside Funding for Non-County Funded to the County,the Contract may be terminated in Activities whole or in part, or the amount payable to the Contractor may be reduced at the discretion of the Notwithstanding the foregoing provisions of the County, provided that any such termination or Contract, it is the intent of the County that the reduction shall not apply to allowable costs terms and conditions of the Contract shall not limit incurred by the Contractor prior to such the Contractor from applying for and accepting termination or reduction,and provided that money outside grant awards or from providing additional has been appropriated for payment of such costs. educational activities/services which may result in g. Denial of Aid the Contractor incurring additional costs,as long as the following conditions are met: If a State or Federal government agency is funding the Contract and fails to approve aid in i.) The County is not the Fund Source for reimbursement to the County for payments made the additional services; hereunder by the County to the Contractor for ii.) Sufficient funding is available for or can expenditures made during the Term because of any be generated by the Contractor to cover act, omission or negligence on the part of the the cost incurred by the Contractor to Contractor,.then the County may deduct and provide these additional services;and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by iii.) If sufficient funding is not available or the state or federal government agency, and the cannot be generated, the County shall County's obligation to the Contractor shall be not be held liable for any of the reduced by any such amounts. In such an event,if additional costs incurred by the there should be a balance due to the County after it Contractor in furnishing such additional has made a final payment to the Contractor under services. the Contract, on demand by the County, the Contractor shall reimburse the County for the iv.) Prior to scheduling any such additional amount of the balance due the County,payable to services on County-owned property,the the Suffolk County Comptroller.The provisions of Contractor shall obtain written County this subparagraph shall survive the expiration or approval. The Contractor shall,to the termination of the Contract. County's satisfaction, submit any documentation requested by the h. Budget Department reflecting the change, and identify the additional services to be The Contractor expressly represents and agrees that provided and the source of funding that the Budget lists all revenue, expenditures, shall be utilized to cover the personnel,personnel costs and/or all other relevant expenditures incurred by the Contractor costs necessary to provide the Services. in undertaking the additional services. i. Payment of Claims e. Potential Revenue Upon receipt of a Suffolk County Payment The Contractor shall actively seek and take Voucher,the County,at its discretion,may pay the reasonable steps to secure all potential funding Contractor during the Term,in advance,an amount from grants and contracts with other agencies for 24 of 26 pages AR'T'ICLE V Rev.04/27/2022; Law No. IFMS SCSEXE 22000006710 ` 'Line Item/Omnibus Grant(State) Pseudo Code JSY1 not to exceed one sixth (1/6) of the maximum the date of execution of the Contract or as may amount to be paid by the County set forth on the thereafter become vacant, and, in the exercise of first page of the Contractthat right.The County may promulgate reasonable regulations involving filling of vacancies which j. Payments Limited to Actual Net Expenditures shall be deemed to be incorporated by reference in, and be made part of, the Contract, provided, The Contractor agrees that if, for any reason however,that subject to the availability of funding, whatsoever,Ahe Contractor shall spend during the approval for the hiring of replacement clerical shall Term for the purposes set forth in the Contract an be a Contractor determination. amount less than, or receive amounts more than, provided in the Budget, the total cost of the o. No Limitation On Rights Contract shall be reduced to the net amount of actual Contractor expenditures made for such Notwithstanding anything in this Article V to the purposes. The total amount to be paid by the contrary,the County shall have available to it all County shall not exceed the lesser of(i)actual net rights and remedies under the Contract and at law expenditures or(ii)the total cost of the Contract on and equity. the cover page and in the Budget. Upon termination or expiration of the Contract, if the P. Comptroller's Rules and Regulations Contractor's total amount of allowable expenses is less than the total amount of the payments made The Contractor shall comply with the during the Term, the Contractor shall prepare a "Comptroller's Rules and Regulations for check payable to the Suffolk County Comptroller Consultant's Agreements"as promulgated by the for the difference between the two amounts and Department of Audit and Control of Suffolk submit such payment to the County,along with the County and any amendments thereto during the final Suffolk County Payment Voucher. Tenn of the Contract. The"Comptroller's Rules and Regulations for Consultant's Agreements"and k. Travel, Conference, and Meeting Attendance: "SOP A-07 Amendment 1"may be viewed online SOP A-07 Amendment 1 at the County's website,SuffolkCountyny.gov;go to "Government," then "Comptroller," then Reimbursement to the Contractor for travel costs "Consultant's Agreements." shall not exceed amounts allowed to County employees. All conferences that are partially or fully funded by the County that the Contractor's End of Test for Article V 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 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. in. 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. n. Contractor Vacancies The County shall have the right ofprior approval of the Contractor's filling of any vacant position as of 25 of 26 pages ARTICLE V Rev.04/27/2022;Law No. IFMS SCSEXE 22000006710 Line Item/Omnibus Grant(State) Pseudo Code JSY1 Article VI Budget 26 of 26 pages ARTICLE VI NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES PROGRAM BUDGET 2022 Jsil AGENCY/MumcIPALITY: Town of Southold FUND TYPE PROGRAM TITLE: PERSONAL SERVICES: POSITION TITLE RATE OF BASIS TOTAL OCFS PROGRAM AMOUNT(1) TOTAL OCFS FUNDS REQUESTED PAY (H,W,BW SM) FOR THIS PROGRAM Juvenile Aid Bureau Officer $67.24 H $17,464.00 w TOTAL SALARIES AND WAGES$17,464.00 TOTAL FRINGE BENEFITS TOTAL PERSONAL SERVICES $17,464.00 CONTRACTED SERVICES AND STIPENDS TYPE OF SERVICE OR CONSULTANT TITLE RATE OF BASIS TOTAL OCFS PROGRAM AMOUNT(1) PAY (H,WBWSM) TOTAL CONTRACTED SERVICES $ TOTAL MAINTENANCE&OPERATION is FACILITY REPAIRS PROGRAM SITE ADDRESS TOTAL FACILITY REPAIRS(4) $ TOTAL OCFS PROGRAM AMOUNT $17,464.00 TOTAL OCFS FUNDS REQUESTED $17,464.00 LIST OF OTHER FUNDING SOURCES IREIMBURSABLE TOTAL MUNICIPAL FUNDING OTHERSOURCES