HomeMy WebLinkAboutYouth Bureau o
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Office of the Town Attorney
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 RECEIVED
To: Denis Noncarrow, Town Clerk JAN 11
202
From: Missy Mirabelli
Secretary to the Town Attorney Southold Town Clerk
Date: January 10, 2024
Subject: 2023 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
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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, Nevi• York 11788 (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 Main
Road, Southold,New York 11971.
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.l, 2023 through December 31,2023.
Total Cost of the Contract: Shall not exceed S17,464.00. Services are 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 Southold
By:
COUNTY SUF OL
Name: C 0�k By:
Title: 5 JAS' Lisa M. Black
Fed.Tax ID#: Chief Deputy County Executive
Date:RR �-I QA 19 143 Date:
�CU1 f Ru, 1' hereby
certifies under penalties of perjury that I am an officer ofpproved:
- � 4 S� ' � Suffolk Count nth Bure.
that I have read and I am familiar-with §A5-8 of
Article V of the Suffolk County Code.and that By:
m47e
a Boylan
eets all requiremen to qualify for exemption thereunder.
Human Services C tef Planner
Name Date a I la Date
Approved as to Form:
Dennis M.Brown
Acting Cotijity Att ey
By: - a�L,,—
Nan e: Rfo
Prin '.pal Assistant Co/inty Attorney
Date:
6Cl f CDC
�p<;Zit Gt�
1 of 25 pages
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List of Articles
Article I
Description of Services
1. Conflicting Provisions
2. Services
3. Contract Agency Performance Measures and Reporting Requirements - Local Law No. 41-2023
4. SuffolkSTAT
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
20. Publications
21. Copyrights and Patents
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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
16.Notification of Cyber Security Breach
Article V
General Fiscal Terms and Conditions
1. General Payment Terms
a. Presentation of Suffolk County Payment Voucher
b. Voucher Documentation
c. Payment by County
d. Budget Modification
e. Budget and/or Services Revisions
f. Taxes
g. Final Voucher
2. Subject to Appropriation of Funds
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
4. Accounting Procedures
5. Audit of Financial Statements
6. Financial Statements and Audit Requirements
7. Furniture, Fixtures, Equipment,Materials, Supplies
a. Purchases, Rentals or Leases Requiring Prior Approval
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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
in. Salary Increases
n. Contractor Vacancies
o. No Limitation On Rights
p. Comptroller's Rules and Regulations
Article VI
Budget
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4 of 25 pages
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Article I
Description of Services
Whereas,the Contractor has been identified in the 2023 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 programs to the County; and
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 of this 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 subject to Suffolk County Local Law
No. 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.suffolkcouplyLiy.gov no later than the 15th of each month of the Contract Term, as more
specifically set forth in Annual Agency Performance Agreement attached as Exhibit XXX to this Contract.
End of Text for Article I
5 of 25 pages
ARTICLE I
OCFS-5001(Rev.11/2013) Page 1 of
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
INDIVIDUAL PROGRAM APPLICATION
Program Information
g m itle:
Proram T �E
QYDSJD#(FgrCourrtylJse;OrIy)F;' Program Year
- 2023
Town of Southold
..t' �.Y'> '.keit:t{^. F-_{'• :F., Av.
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Funding Category: Coun :
®Youth Development Funding ElRHYA-Part 1 ❑RHYA-Part II SuIIolm'
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Total Pro ram Amount :;FS fFunds rRequested:
17,464.04 17,464.00
=Pirioti't=Allocated' w:z.: - :r, D D
60/State Aid RHYA Programs ONL /D Tax Match
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a:n� .r. ;;i�i� :,�,...- "i:. ..r;.;..�.. �`i�`-�•.�,:;-,r ,,r t..:S';'�s•_..•:Vit:-?'
•::lq:�i `.x''''t'. _ _ rt1 :�,r��^ �j.�`)., �:P,..•3;:yGlt::l,._ .4? - �4.V.:,:?{tr:r
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.:::c'i:- ::r.:,; ix:• - ""+ i�u:Y.:f-: :y4':�d R.7::Y..j.::•s' Agenc Cash: In Kind
:.y:i~i$^ - •-'�'koi}'r ;-i+.ci Yn-:,:s Y:.Y�•:•r.`":.:,,.o:>,. :�j�.4r,.
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This Agency is: Federal ID#: Charities Reg.#:
❑Private,Not for Profit ®Public ❑Religious Corporations 11-6001939 NA
Agency Website: Implementing Agency:
www.southoldtovmny.gov Southold Town Police Department
Mailing Address:
P.O. Box 911
Address Line 2:
41405 Route 25
City: State: Zip Code:
Peconic NY 11958
amu':-•_:;;.rY�.::,;;....:::�:,::;::..,..,.:.'.,:>;:.,,
QlRECTO
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Last Name- First Name;
Russell Scott
Title: Phone Number Extension:
Town Supervisor 631-765-1889
Fax Number: E-Mail:
631-765-1823 scoff.russell@town.southold.ny.gov
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Last Name: First Name:
Maloney Tracy
Title: Phone Number: Extension:
Youth Bureau Director 631-765-8251
Fax Number. E-Mail:
tracy.maloney@Town.soutlaold.ny.gov
>BtER[ D"
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OPERATION
TU "-P C•QG. -
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FROM: 1/1/2023 TO: 12/31/2023 1 FROM: 9AM TO: 5PM
® Daily ❑Other(Explain)
EXECUTIVE DIR CTORYIBOARD 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.
Gym
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Town of Southold Youth Bureau
970 Peconic Lane
Peconic, NY 11958
Youth Bureau Director
Tracey Maloney
(531)755-8251
Traceym@southoldtownny.gov
Southold Town Police Juvenile Aid Bureau
The labs 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.
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d. the Contractor's failure to comply with any
Article II Federal,State or local law,rule,or regulation,and
Definitions County policies or directives;or
e. the Contractor's bankruptcy or insolvency;or
1. Meanings of Terms
f. the Contractor's failure to cooperate in an Audit of
As used herein: Financial Statements;or
"Audit of Financial Statements"means the examination by g. the Contractor's falsification of records or reports,
the Comptroller and any Federal or State auditing authority of misuse of funds,or malfeasance or nonfeasance in
the financial statements of the Contractor resulting in the financial record keeping arising out of, or in
publication of an independent opinion on whether or not those connection with,any contract with the County;or
financial statements are relevant,accurate,complete,and fairly
presented. h. the Contractor's failure to submit, or failure to
timely submit,documentation to obtain Federal or
"Budget"means the Contractor's summary or plan of all State funds;or
intended revenue,whether received in the form of fees,grants,County
funding,or any other source,and expenditures necessary to render the i. the inability of the County or the Contractor to
Services. obtain Federal or State funds due to any act or
omission of the Contractor;or
"Budget Deficiency Plan" means an analysis of the cost of the
Services, changes in fiscal conditions, and required modifications to J• any condition that the County determines, in its
the Contract to continue to render the Services. sole discretion,is dangerous.
"Comptroller"means the Comptroller of the County of Suffolk. k. the failure to comply with Local Law 41-2013 and
related contractual requirements.
"Contract"means all terms and conditions of this Contract forming
all rights and obligations of the Contractor and the County. "Federal"means the United States government, its departments,and
agencies.
"Contractor"means the signatory corporation, its officers, officials,
employees, agents, servants, sub-contractors, volunteers, and any "Fringe Benefits"means non-wage benefits which accompany,or are
successor or assign of any one or more of the foregoing performing the in addition to, a person's salary, such as paid insurance, sick leave,
Services. 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
Contractor by the County pursuant to any lawful obligation.
"County Attorney" means the County Attorney of the County of
Suffolk. "Legislature"means the Legislature of the County of Suffolk.
"Department" means the signatory department approving the "Management Letter" means a letter certified as true by the
Contract. Contractor's certified public accountant or chief financial officer of
findings and recommendations for improvements in internal fiscal
"Engineering Services" means the definition of the practice of
control that were identified during an Audit of Financial Statements,
engineering and the definition of practice of land surveying,as the case but which were not required to be included in an audit report.
may be,under Section 7201 and Section 7203 of the State Education
Law,respectively. "Municipal Corporation"means a town,village,or school district.
"Event of Default"means "Services"means all that which the Contractor must do,and any part
thereof arising out of,or in connection with,the Contract as described
a. the Contractor's failure to perform any duty in Article I"Description of Services."
required of it under paragraphs 1(b)-(e)of Article
III of the Contract;or "State"means the State of New York.
b. the Contractor's failure to maintain the amount "Statement of Other Contracts" means a complete list of all other
and types of insurance with an authorized insurer contracts under which money has been or will be paid to the Contractor
as required by the Contract;or from the County, Federal, or State governments, or a Municipal
Corporation, and (i) which are currently in effect or(ii) which have
C. the Contractor's failure to maintain insurance expired within the past twelve(12)months and have not been renewed.
required by the Contract with an insurer that has
designated the New York Superintendent of
Insurance as its lawful agent for service of process; "Suffolk County Payment Voucher"means the document authorized
or and required by the Comptroller for release of payment.
6 of 25 pages
ARTICLE II
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"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
7 of 25 pages
ARTICLE II
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Article III Contractor's ability to render the Services, every
General Terms and Conditions other term and provision of the Contract shall be
valid and enforceable to the fullest extent
1. Contractor Responsibilities permitted by law.
a. Duties and Obligations d. Documentation of Professional Standards
i.) It shall be the duty of the Contractor to The Contractor shall maintain on file, in one location in
discharge, or cause to be discharged, all of its Suffolk County, all records that demonstrate that it has
responsibilities, and to administer funds received complied with sub-paragraphs (b) and (c) above. The
in the interest of the County in accordance with the address of the location of the aforesaid records and
provisions of the Contract. documents shall be provided to the County no later than the
date of execution of the Contract. Such documentation shall
ii.) The Contractor shall promptly take all be kept, maintained, and available for inspection by the
action as may be necessary to render the Services. County upon twenty-four(24)hours notice.
iii.) The Contractor shall not take any action e. Credentialing
that is inconsistent with the provisions of the
Contract. i.) In the event that the Department,or any
division thereof,maintains a credentialing process
iv.) Services provided under this Contract to qualify the Contractor to render the Services,
shall be open to all residents of the County. the Contractor shall complete the required
credentialing process. In the event that any State
b. Qualifications, Licenses, and Professional credential, registration, certification or license,
Standards Drug Enforcement Agency registration, or
Medicare or Medicaid certification is restricted,
The Contractor represents and warrants that it has,and shall suspended, or temporarily or permanently
continuously possess, during the Term, the required revoked,it is the duty of the Contractor to contact
licensing, education, knowledge, experience, and character the Department, or division thereof, as the case
necessary to qualify it to render the Services. may be, in writing, no later than three (3) days
after such restriction,suspension,or revocation.
The Contractor shall continuously have during the Term all
required authorizations, certificates, certifications, ii.) The Contractor shall forward to the
registrations,licenses,permits,and other approvals required Department, or division thereof, as the case may
by Federal, State, County, or local authorities necessary to be, on or before July 1 of each year during the
qualify it to render the Services. Term,a complete list of the names and addresses
of all persons providing the Services, as well as
C. Notifications their respective areas of certification,
credentialing,registration,and licensing.
i.) The Contractor shall immediately notify
the County, in writing, of any disciplinary f. Engineering Certificate
proceedings, commenced or pending, with any
authority relating to a license held by any person In the event that the Contract requires any Engineering
necessary to qualify him,her,or the Contractor to Services,the Contractor shall submit to the County,no later
perform the Services. than the due date for submission for approval of any
engineering work product, the Certificate of Authorization
ii.) In the event that a person is no longer ("Certificate"), issued pursuant to § 7210 of the New York
licensed to perform the Services, the Contractor Education Law,of every person performing any Engineering
must immediately notify the County, but in no Services. The failure to file, submit, or maintain the
event shall such notification be later than five(5) Certificate shall be grounds for rejection of any engineering
days after a license holder has lost the license work product submitted for approval.
required to qualify the license holder or the
Contractor to perform the Services. 2. Termination
iii.) In the event that the Contractor is not a. Thirty Days Termination
able to perform the Services due to a loss of
license,the Contractor shall not be reimbursed for The County shall have the right to terminate the Contract
the Services rendered after the effective date of without cause,for any reason,at any time,upon such terms
termination of such license. Without limiting the and conditions it deems appropriate,provided,however,that
generality of the foregoing, if any part of the no such termination shall be effective unless the Contractor
Contract remains to be performed, and the is given at least thirty(30)days'notice.
termination of the license does not affect the
8 of 25 pages
ARTICLE III
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b. Event of Default;Termination on Notice liabilities, fines, penalties, actions, damages, claims,
demands, judgments, losses, suits or actions, costs, and
i.) The County may immediately terminate expenses arising out of any claim asserted for infringement
the Contract, for cause, upon such terms and of copyright, including reimbursement of the cost of
conditions it deems appropriate, in the Event of reasonable attorneys'fees incurred by the County,its agents,
Default. servants, officials, and employees in any action or
proceeding arising out of or in connection with any claim
ii.) If the Contractor defaults under any asserted for infringement of copyright.
other provision of the Contract, the County may
terminate the Contract, on not less than five (5) C. The Contractor shall defend the County,its agents,
days' notice, upon such terms and conditions it servants, officials, and employees in any proceeding or
deems appropriate. action, including appeals, arising out of, or in connection
with, the Contract, and any copyright infringement
C. Termination Notice proceeding or action. Alternatively, at the County's option,
the County may defend any such proceeding or action and
Any notice providing for termination shall be delivered as require the Contractor to pay reasonable attorneys' fees or
provided for in paragraph 27 of this Article III. salary costs of County employees of the Department of Law
for the defense of any such suit.
d. Duties upon Termination
4. Insurance
i.) The Contractor'shall discontinue the
Services as directed in the termination notice. a. The Contractor shall continuously maintain,
during the Term of the Contract, insurance in amounts and
ii.) Subject to any defenses available to it, types as follows:
the County shall pay the Contractor for the
Services rendered through the date of termination.
i.) Commercial General Liability
iii.) The County is released from any and all insurance, including contractual • liability
liability under the Contract,effective as of the date coverage,in an amount not less than Two Million
of the termination notice. Dollars($2,000,000.00)per occurrence for bodily
injury and Two Million Dollars ($2,000,000.00)
iv.) Upon termination, the Contractor shall per occurrence for property damage. The County
reimburse the County the balance of any funds shall be named an additional insured.
advanced to the Contractor by the County no later
than thirty (30) days after termination of the ii.) Automobile Liability insurance (if any
Contract. The provisions of this subparagraph non-owned or owned vehicles are used by the
shall survive the expiration or termination of the Contractor in the performance of the Contract) in
Contract. an amount not less than Five Hundred Thousand
Dollars($500,000.00)per person,per accident,for
V.) Nothing contained in this paragraph bodily injury and not less than One Hundred
shall be construed as a limitation on the County's Thousand Dollars ($100,000.00) for property
rights set forth in paragraphs 1(c)(iii)and 8 of this damage per occurrence. The County shall be
Article III. named an additional insured.
3. Indemnification and Defense iii.) Workers' Compensation and
Employer's Liability insurance, Disability
a. The Contractor shall protect,indemnify,and hold Benefits insurance, including coverage for Paid
harmless the County, its agents, servants, officials, and Family Leave Benefits, in compliance with all
employees from and against all liabilities, fines, penalties, applicable New York State laws and regulations,
actions,damages,claims,demands,judgments,losses,suits if required by law. The Contractor shall furnish to
or actions, costs, and expenses caused by the negligence or the County,prior to its execution of the Contract,
any acts or omissions of the Contractor, including the documentation'required by the State of New
reimbursement of the cost of reasonable attorneys' fees York Workers' Compensation Board of coverage
incurred by the County, its agents, servants, officials, and or exemption from coverage pursuant to§§57 and
employees in any action or proceeding arising out of,or in 220 of the Workers' Compensation Law. In
connection with,the Contract. accordance with General.Municipal Law§108,the
Contract shall be void and of no effect unless the
b. The Contractor hereby represents and warrants Contractor shall provide and maintain coverage
that it will not infringe upon any copyright in performing the during the Term for the benefit of such employees
Services. The Contractor agrees that it shall protect, as are required to be covered by the provisions of
indemnify, and hold harmless the County, its agents, the Workers'Compensation Law.
servants, officials, and employees from and against all
9 of 25 pages
ARTICLE III
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iv.) Professional Liability insurance in an extent,the remainder of the Contract, or the application of
amount not less than Two Million Dollars such term or provision to persons or circumstances other
($2,000,000.00) on either a per-occurrence or than those as to which it is held invalid or unenforceable,
claims-made coverage basis. shall not be affected thereby, and every other term and
provision of the Contract shall be valid and shall be enforced
b. The County may mandate an increase in the to the fullest extent permitted by law.
liability limits set forth in the immediately preceding
paragraphs(4)(a)(i),(ii),and(iv). 7. Merger;No Oral Changes
C. All policies providing such coverage shall be It is expressly agreed that the Contract represents the entire
issued by insurance companies authorized to do business in agreement of the parties and that all previous understandings
New York with an A.M.Best rating of A-or better. are herein merged in the Contract. No modification of the
Contract shall be valid unless in written form and executed
d. The Contractor shall furnish to the County, prior by both parties.
to the execution of the Contract,declaration pages for each
policy of insurance, other than a policy for commercial 8. Set-Off Rights
general liability insurance, and upon demand, a true and i
certified original copy of each such policy evidencing The County shall have all of its common law,equitable,and
compliance with the aforesaid insurance requirements. statutory rights of set-off. These rights shall include,but not
be limited to,the County's option to withhold from a Fund
e. In the case of commercial general liability Source an amount no greater than any sum due and owing to
insurance the Contractor shall furnish to the County,prior to the County for any reason. The County shall exercise its set-
the execution of the Contract,a declaration page or insuring off rights subject to approval by the County Attorney. In
agreement and endorsement page evidencing the County's cases of set-off pursuant to a Comptroller's audit,the County
status as an additional insured on said policy, and upon shall only exercise such right after the finalization thereof,
demand, a true and certified original copy of such policy and only after consultation with the County Attorney.
evidencing compliance with the aforesaid insurance
requirements. 9. Non-Discrimination in Services and Employment
f. All evidence of insurance shall provide for the a. The Contractor shall not, on the grounds of race,
County to be notified in writing thirty(30)days prior to any creed, color, national origin, sex, age, disability, sexual
cancellation,nonrenewal,or material change in the policy to orientation,military status,or marital status
which such evidence relates. It shall be the duty of the
Contractor to notify the County immediately of any i.) deny any individual the Services
cancellation, nonrenewal, or material change in any provided pursuant to the Contract;or
insurance policy. ii.) provide the Services to an individual
that is different, or provided in a
g. In the event the Contractor shall fail to provide different manner, from those provided
evidence of insurance,the County may provide the insurance to others pursuant to the Contract;or
required in such manner as the County deems appropriate iii.) subject an individual to segregation or
and deduct the cost thereof from a Fund Source. separate treatment in any matter related
to the individual's receipt of the
h. If the Contractor is a Municipal Corporation and Services provided pursuant to the
has a self-insurance program under which it acts as a self- Contract;or
insurer for any of such required coverage, the Contractor iv.) restrict an individual in any way from
shall provide proof,acceptable to the County,of self-funded any advantage or privilege enjoyed by
coverage. others receiving the Services provided
pursuant to the Contract;or
5. Independent Contractor v.) treat an individual differently from
others in determining whether or not the
The Contractor is not, and shall never be, considered an individual satisfies any eligibility or
employee of the County for any purpose. Notwithstanding other requirements or conditions which
anything contained in this Contract,the Contract shall not be individuals must meet in order to
construed as creating a principal-agent relationship between receive the Services provided pursuant
the County and the Contractor or the Contractor and the to the Contract;or
County,as the case may be. vi.) discriminate against employees or
applicants for employment.
6. Severability
b. The Contractor shall not utilize criteria or methods
It is expressly agreed that if any term or provision of this of administration which have the effect of subjecting
Contract, or the application thereof to any person or individuals to discrimination because of their race, creed,
circumstance, shall be held invalid or unenforceable to any color,national origin,sex,age,disability,sexual orientation,
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military status, or marital status, or have the effect of employees or designated representatives arising out of,or in
substantially impairing the Contract with respect to connection with,the Contract.
individuals of a particular race,creed,color,national origin,
sex, age, disability, sexual orientation, military status, or 15. Confidentiality
marital status,in determining:
Any document of the County, or any document created by
i.) the Services to be provided;or the Contractor and used in rendering the Services, shall
remain the property of the County and shall be kept
ii.) the class of individuals to whom,or the confidential in accordance with applicable laws, rules, and
situations in which,the Services will be 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
any religion. The Services will be available to all eligible or thing without the prior written consent of the County,and
individuals regardless of religious belief or affiliation. any attempt to do any of the foregoing without such consent
shall be void ab initio.
11. Governing Law
b. Such Assignment shall be subject to all of the
The Contract shall be governed by, and construed in provisions of the Contract and to any other condition the
accordance with,the laws of the State of New York,without County requires. No approval of any Assignment shall be
regard to conflict of laws.Venue shall be designated in the construed as enlarging any obligation of the County under
Supreme Court, Suffolk County,the United States District the terms and provisions of the Contract. No Assignment of
Court for the Eastern District of New York, or, if the Contract or assumption by any person of any duty of the
appropriate, a court of inferior jurisdiction in Suffolk Contractor under the Contract shall provide for,or otherwise
County. be construed as, releasing the Contractor from any term or
provision of the Contract.
12. No Waiver
17. Changes to Contractor
It shall not be construed that any failure or forbearance of the
County to enforce any provision of the Contract in any a. The Contractor may,from time to time,only with
particular instance or instances is a waiver of that provision. the County's written consent, enter into a Permitted
Such provision shall otherwise remain in full force and Transfer. For purposes of the Contract,a Permitted Transfer
effect,notwithstanding any such failure or forbearance. means:-
13.
eans: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 voluntary, involuntary or by operation
of conduct which would cause a reasonable person to believe of 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 purchase of partnership interests by
Contract and its private interests. The Contractor is charged existing partners, by the partnership
with the duty to disclose to the County the existence of any itself or the immediate family members
such adverse interests, whether existing or potential. This by reason of gift,sale or devise),or the
duty shall continue as long as the Term. The determination dissolution of the partnership without
as to whether or when a conflict may potentially exist shall immediate reconstitution thereof,and
ultimately be made by the County Attorney after full
disclosure is obtained. ii.) if the Contractor is a closely held
corporation (i.e. whose stock is not
14. Cooperation on Claims publicly held and not traded through an
exchange or over the counter):
The Contractor and the County shall render diligently to
each other, without compensation, any and all cooperation 1. the dissolution, merger,
that may be required to defend the other party,its employees consolidation or other
and designated representatives, against any claim, demand reorganization of the
or action that may be brought against the other party, its Contractor;and
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2. the sale or other transfer of i.) the terms and conditions of the Contract
twenty percent(20%)or more shall in no way be deemed to have been
of the shares of the Contractor waived or modified;and
(other than to existing
shareholders, the corporation ii.) such consent shall not be deemed
itself or the immediate family consent to any further transfers.
members of shareholders by
reason of gift,sale or devise). 18. No Intended Third Party Beneficiaries
b. If the Contractor is a not-for-profit corporation,a The Contract is entered into solely for the benefit of the
change of twenty percent (20%) or more of its shares or County and the Contractor. No third party shall be deemed
members shall be deemed a Permitted Transfer. a beneficiary of the Contract and no third party shall have
the right to make any claim or assert any right under the
C. The Contractor shall notify the County in writing, Contract.
which notice(the"Transfer Notice")shall include:
19. Certification as to Relationships
i.) the proposed effective date of the
Permitted Transfer, which shall not be The Contractor certifies under penalties of perjury that to the
less than thirty(30)days nor more than best of its knowledge,other than through the funds provided
one hundred eighty(180)days after the in the Contract and other valid agreements with the County,
date of delivery of the Transfer Notice; there is no known spouse,life partner,business,commercial,
economic, or financial relationship with the County or its
ii.) a summary of the material terms of the elected officials. The Contractor also certifies to the best of
proposed Permitted Transfer; its knowledge that there is no relationship within the third
degree of consanguinity,between the Contractor,any of its
iii.) the name and address of the proposed partners, members, directors, or shareholders owning five
transferee; (5%)percent or more of the Contractor,and the County. The
foregoing certification shall not apply to a contractor that is
iv.) such information reasonably required by a municipal corporation or a government entity.
the County, which will enable the
County to determine the financial 20. Publications
responsibility, character, and reputation
of the proposed transferee,nature of the Any book,article,report,or other publication related to the
proposed assignee/transferee's business Services provided pursuant to this Contract shall contain the
and experience; following statement in clear and legible print:
V.) all executed forms required pursuant to "This publication is fully or partially funded
Article IV of the Contract, that are by the County of Suffolk."
required to be submitted by the
Contractor;and 21. Copyrights and Patents
Vi.) such other information as the County a. Copyrights
may reasonably require.
Any and all materials generated by or on behalf of the
d. The County agrees that any request for its consent Contractor while performing the Services (including,
to a Permitted Transfer shall be granted, provided that the without limitation,designs,images,video,reports,analyses,
transfer does not violate any provision of the Contract,and manuals, films,tests, tutorials, and any other work product
the transferee has not been convicted of a criminal offense of any kind) and all intellectual property rights relating
as described under Article II of Chapter 189 of the Suffolk thereto ("Work Product")are and shall be the sole property
County Code. The County shall grant or deny its consent to of the County. The Contractor hereby assigns to the County
any request of a Permitted Transfer within twenty(20)days its entire right,title and interest,if any,to all Work Product,
after delivery to the County of the Transfer Notice, in and agrees to do all acts and execute all documents, and to
accordance with the provisions of Paragraph 27 of Article III use its best efforts to ensure that its employees,consultants,
of the Contract. If the County shall not give written notice subcontractors, vendors and agents do all acts and execute
to the Contractor denying its consent to such Permitted any documents,necessary to vest ownership in the County
Transfer (and setting forth the basis for such denial in of any and all Work Product. The Contractor may not secure
reasonable detail)within such twenty(20)-day period,then copyright protection. The County reserves to itself,and the
the County shall be deemed to have granted its consent to Contractor hereby gives to the County, and to any other
such Permitted Transfer. person designated by the County, consent to produce,
reproduce, publish, translate, display or otherwise use the
e. Notwithstanding the County's consent, Work Product. This paragraph shall survive any completion,
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expiration or termination of this Contract. 24. Certification Regarding Lobbying
The County shall be deemed to be the author of all the Work Together with this Contract and as a condition precedent to
Product. The Contractor acknowledges that all Work its execution by the County, the Contractor shall have
Product shall constitute"work made for hire"under the U.S. executed and delivered to the County the Certification
copyright laws. To the extent that any Work Product does Regarding Lobbying (if payment under this Contract may
not constitute a"work made for hire,"the Contractor hereby exceed $100,000) as required by Federal regulations, and
assigns to the County all right, title and interest, including shall promptly advise the County of any material change in
the right,title and interest to reproduce,edit,adapt, modify any of the information reported on such Certification, and
or otherwise use the Work Product,that the Contractor may shall otherwise comply with, and shall assist the County in
have or may hereafter acquire in the Work Product, complying with, said regulations as now in effect or as
including all intellectual property rights therein, in any amended during the term of this Contract.
manner or medium throughout the world in perpetuity
without compensation. This includes,but is not limited to, 25. Record Retention
the right to reproduce and distribute the Work Product in
electronic or optical media, or in CD-ROM, on-line or The Contractor shall retain all accounts,books,records,and
similar format. other documents relevant to the Contract for seven(7)years
after final payment is made by the County. Federal, State,
b. Patents and/or County auditors and any persons duly authorized by
the County shall have full access and the right to examine
If the Contractor develops, invents, designs or creates any any of said materials during said period. Such access is
idea, concept, code, processes or other work or materials granted notwithstanding any exemption from disclosure that
during the Term, or as a result of any Services performed may be claimed for those records which are subject to
under the Contract("patent eligible subject matter"),it shall nondisclosure agreements, trade secrets and commercial
be the sole property of the County. The Contractor hereby information or financial information that is privileged or
assigns to the County its entire right,title and interest,if any, confidential Without limiting the generality of the foregoing,
to all patent eligible subject matter,and agrees to do all acts records directly related to contract expenditures shall be kept
and execute all documents, and to use its best efforts to for a period of ten (10) years because the statute of
ensure that its employees, consultants, subcontractors, limitations for the New York False Claims Act(New York
vendors and agents do all acts and execute any documents, False Claims Act§ 192)is ten(10)years.
necessary to vest ownership in the County of any and all
patent eligible subject matter. The Contractor may not apply 26. Contract Agency Performance Measures and Reporting
for or secure for itself patent protection. The County Requirements—Local Law No.41-2013
reserves to itself, and the Contractor hereby gives to the
County,and to any other person designated by the County, a. If payment under this Contract may exceed
consent to produce or otherwise use any item so discovered $50,000,it is subject to the requirements of Suffolk County
and/or the right to secure a patent for the discovery or Local Law No. 41-2013, a Local Law to Implement
invention. This paragraph shall survive any completion, Performance Measurement to Increase Accountability and
expiration or termination of this Contract. Enhance Service Delivery by Contract Agencies (Article
VIII of Chapter 189 of the Suffolk County Code)as set forth
22. Arrears to County in Article IV entitled "Suffolk County Legislative
Requirements."
Contractor warrants that, except as may otherwise be
authorized by agreement, it is not in arrears to the County b. The Contractor shall cooperate with the
upon any debt,contract,or any other lawful obligation,and Department in all aspects necessary to help carry out the
is not in default to the County as surety. requirements of the Law.Based on criteria established by the
Contractor in conjunction with the Department, the
23. Lawful Hiring of Employees Law in Connection with Contractor shall submit monthly reports regarding the
Contracts for Construction or Future Construction Contractor's performance relative to the established criteria,
on dates and times as specified by the Department,as more
In the event that the Contract is subject to the Lawful Hiring fully set forth in Article I and Article IV of this Contract.
of Employees Law of the County of Suffolk,Suffolk County
Code Article II of Chapter 353,as more fully set forth in the C. The Contractor shall submit an annual report to the
Article entitled"Suffolk County Legislative Requirements," Department regarding the Contractor's performance no later
the Contractor shall maintain the documentation mandated than July 31 of each year of the Term.All performance data
to be kept by this law on the construction site at all times. and reports will be subject to audit by the Comptroller.
Employee sign-in sheets and register/log books shall be kept
on the construction site at all times and all covered 27. Notice
employees, as defined in the law, shall be required to sign
such sign-in sheets/register/log books to indicate their Unless otherwise expressly provided, all notices shall be in
presence on the construction site during such working hours. writing and shall be deemed sufficiently given if sent by
regular first class mail and certified mail, or personally
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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
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CERTIFICATION/DECLARATION-SUBJECT TO
Article IV AUDIT."
Suffolk County Legislative Requirements
3. Use of County Resources to Interfere with Collective
NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Bargaining Activities
1REQUIREMENTS FORMS REFERENCED HEREIN ARE It shall be the duty of the Contractor to read,become familiar
AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON with, and comply with the requirements of Article I of
THE SIGNATURE PAGE OF THIS CONTRACT. Chapter 803 of the Suffolk County Code.
1. Contractor'sNendor'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 b. No County funds shall be used to reimburse the
of the Suffolk County Code,the Contractor represents and Contractor for any costs incurred to assist,
warrants that it has filed with the Comptroller the verified promote,or deter union organizing.
public disclosure statement required by Suffolk County
Administrative Code Article V, section A5-8 and shall file C. No employer shall use County property to hold a
an update of such statement with the Comptroller on or meeting with employees or supervisors if the
before 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
Suffolk County Form SCEX 22; entitled are not to be performed on County property,the Contractor
"Contractor'sNendor's Public Disclosure Statement" must 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-LO1 (revised
County of Suffolk. The law requires that, unless specific 2/2020); entitled "Suffolk County Department of Labor—
exemptions apply, all employers(as defined)under service Labor Mediation Unit Union Organizing
contracts and recipients of County financial assistance, (as Certification/Declaration-Subject to Audit."
defined) shall provide payment of a minimum wage to
employees as set forth in the Living Wage Law. Such rate 4. Lawful Hiring of Employees Law
shall be adjusted annually pursuant to the terms of the
Suffolk County Living Wage Law of the County of Suffolk. It shall be the duty of the Contractor to read,become familiar
Under the provisions of the Living Wage Law,the County with, and comply with the requirements of Article II of
shall have the authority,under appropriate circumstances,to Chapter 353 of the Suffolk County Code.
terminate the Contract and to seek other remedies as set forth
therein,for violations of this Law. This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk. It provides that all covered
Required Forms: employers,(as defined),and the owners thereof,as the case
may be,that are recipients of compensation from the County
Suffolk County Living Wage Form DOL-LW 1/38(Revised through any grant, loan, subsidy, funding, appropriation,
12/2021) entitled "SUFFOLK COUNTY DEPARTMENT payment, tax incentive, contract, subcontract, license
OF LABOR, LICENSING & CONSUMER AFFAIRS— agreement,lease or other financial compensation agreement
NOTICE OF APPLICATION FOR COUNTY issued by the County or an awarding agency, where such
COMPENSATION-LIVING WAGE compensation is one hundred percent(100%)funded by the
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County, shall submit a completed sworn affidavit (under APPLICATION TO CERTIFY COMPLIANCE WITH
penalty of perjury),the form of which is attached,certifying FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH
that they have complied,in good faith,with the requirements RESPECT TO LAWFUL HIRING OF EMPLOYEES,
of Title 8 of the United States Code Section 1324a with Suffolk County Code,Chapter 353 (2006)"DOL-LHE 1 /2
respect to the hiring of covered employees(as defined)and (REVISED 8/2017).
with respect to the alien and nationality status of the owners
thereof. The affidavit shall be executed by an authorized 5. Gratuities
representative of the covered employer or owner,as the case
may be;shall be part of any executed contract,subcontract, It shall be the duty of the Contractor to read,become familiar
license agreement, lease or other financial compensation with, and comply with the requirements of Chapter 664 of
agreement with the County; and shall be made available to the Suffolk County Code.
the public upon request.
The Contractor represents and warrants that it has not
All contractors and subcontractors (as defined) of covered offered or given any gratuity to any official, employee or
employers,and the owners thereof,as the case may be,that agent of the County or the State or of any political party,with
are assigned to perform work in connection with a County the purpose or intent of securing an agreement or securing
contract, subcontract, license agreement, lease or other favorable treatment with respect to the awarding or
financial compensation agreement issued by the County or amending of an agreement or the making of any
awarding agency,where such compensation is one hundred determinations with respect to the performance of an
percent(100%) funded by the County, shall submit to the agreement.
covered employer a completed sworn affidavit (under
penalty of perjury),the form of which is attached,certifying 6. Prohibition Against Contracting with Corporations
that they have complied,in good faith,with the requirements that Reincorporate Overseas
of Title 8 of the United States Code Section 1324a with
respect to the hiring of covered employees and with respect It shall be the duty of the Contractor to read,become familiar
to the alien and nationality status of the owners thereof, as with, and comply with the requirements of sections A4-13
the case may be. The affidavit shall be executed by an and A4-14 of Article IV of the Suffolk County Code.
authorized representative of the contractor,subcontractor,or
owner, as the case may be; shall be part of any executed The Contractor represents that it is in compliance with
contract, subcontract, license agreement, lease or other sections A4-13 and A4-14 of Article IV of the Suffolk
financial compensation agreement between the covered County Code. Such law provides that no contract for
employer and the County;and shall be made available to the consulting services or goods and services shall be awarded
public upon request. by the County to a business previously incorporated within
the U.S.A.that has reincorporated outside the U.S.A.
An updated affidavit shall be submitted by each such
employer,owner,contractor and subcontractor no later than
January I of each year for the duration of any contract and 7. Child Sexual Abuse Reporting Policy
upon the renewal or amendment of the Contract, and
whenever a new contractor or subcontractor is hired under It shall be the duty of the Contractor to read,become familiar
the terms of the Contract. with, and comply with the requirements of Article II of
Chapter 880 of the Suffolk County Code.
The Contractor acknowledges that such filings are a
material, contractual and statutory duty and that the failure The Contractor shall comply with Article II of Chapter 880,
to file any such statement shall constitute a material breach of the Suffolk County Code, entitled"Child Sexual Abuse
of the Contract. Reporting Policy,"as now in effect or amended hereafter or
of any other Suffolk County Local Law that may become
Under the provisions of the Lawful Hiring of Employees applicable during the term of the Contract with regard to
Law, the County shall have the authority to terminate the child sexual abuse reporting policy.
Contract for violations of this Law and to seek other
remedies available under the law. 8. Non Responsible Bidder
The documentation mandated to be kept by this law shall at It shall be the duty of the Contractor to read,become familiar
all times be kept on site. Employee sign-in sheets and with, and comply with the requirements of Article II of
register/log books shall be kept on site at all times during Chapter 189 of the Suffolk County Code.
working hours and all covered employees, as defined in the
law,shall be required to sign such sign-in sheets/register/log Upon signing the Contract,the Contractor certifies that it has
books to indicate their presence on the site during such not been convicted of a criminal offense within the last ten
working hours. (10)years. The term"conviction" shall mean a finding of
guilty after a trial or a plea of guilty to an offense covered
Required Forms: under section 189-5 of the Suffolk County Code under
"SUFFOLK COUNTY DEPARTMENT OF LABOR, "Nonresponsible Bidder."
LICENSING, & CONSUMER AFFAIRS — NOTICE OF
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9. Use of Funds in Prosecution of Civil Actions information of any minor participating in their programs.
Prohibited
13. Contract Agency Performance Measures and
It shall be the duty of the Contractor to read,become familiar Reporting Requirements
with, and comply with the requirements of Article III of
Chapter 893 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Suffolk County
The Contractor shall not use any of the moneys,in part or in Local Law No. 41-2013, a Charter Law to Implement
whole, and either directly or indirectly, received under the Performance Measurement to Increase Accountability and
Contract in connection with the prosecution of any civil Enhance Service Delivery by Contract Agencies (Article
action against the County in any jurisdiction or any judicial VIII of Chapter 189 of the Suffolk County Code) as more
or administrative forum. fully set forth in Article I and Article III of this Contract.
10. Youth Sports All contract agencies having a contract in excess of$50,000
shall cooperate with the contract's administering department
It shall be the duty of the Contractor to read,become familiar to identify the key performance measures related to the
with, and comply with Article III of Chapter 730 of the objectives of the services that the contract agency provides
Suffolk County Code. and shall develop an annual performance reporting plan.The
contract agency shall cooperate with the administering
All contract agencies that conduct youth sports programs are department and the County Executive's Performance
required to develop and maintain a written plan or policy Management Team to establish appropriate performance
addressing incidents of possible or actual concussion or indicators and targets for monthly evaluation of the contract
other head injuries among sports program participants.Such agency's performance.
plan or policy must be submitted prior to the award of a
County contract, grant or funding. Receipt of such plan or
policy by the County does not represent approval or 14. Suffolk County Local Laws Website Address
endorsement of any such plan or policy,nor shall the County
be subject to any liability in connection with any such plan Suffolk County Local Laws, Rules and Regulations can be
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 As required by Suffolk County Standard Operating
or institution, each of the Contractor's locations in the Procedure A-06,the following is a link to the Suffolk County
County at which the Services are provided shall be a work Ethics Booklet,which contains the provisions of the Suffolk
site for public-assistance clients of Suffolk County pursuant
to Chapter 281 of the Suffolk County Code at all times County Code of Ethics:
during the Term of the Contract. If no Memorandum of littps:Hsuffolkcounbny.gov/Portals/O/formsdocs/Boardofet
Understanding ("MOU") with the Suffolk County hies/Code%20o1%2OEthics%2OBookletO/u20-
Department of Labor for work experience is in effect at the %20New%2ORevised%2OMav%202017.pddf
beginning of the Term of the Contract,the Contractor,if it is
a not-for-profit or governmental agency or institution, shall 16. Notification of Cyber Security Breach
enter into such MOU as soon as possible after the execution
of the Contract and,failure to enter into or to perform in
accordance with such MOU shall be deemed to be a failure It shall be the duty of the Contractor to read,become familiar with,and
to perform in accordance with the Contract, for which the comply with the requirements of section A5-22 of Article V of the
County may withhold payment, terminate the Contract or Suffolk County Administrative Code.
exercise such other remedies as may be appropriate in the
circumstances. The Contractor (as defined in section A5-22) certifies that it has
policies and procedures in place for the effective management of any
12. Safeguarding Personal Information of Minors cyber security breach, threat or event. The Contractor shall
immediately notify the Department named on the signature page of this
It shall be the duty of the Contractor to read,become familiar Contract, the Suffolk County Executive, the Clerk of the Suffolk
with, and comply with the requirements of Suffolk County County Legislature,and the Suffolk County Department of Audit and
Local Law No. 20-2013, a Local Law to Safeguard the Control of any cyber security breach, event or attack, as defined in
Personal Information of Minors in Suffolk County. section A5-22 of Article V of the Suffolk County Administrative Code.
All contract agencies that provide services to minors are End of Text for Article IV
required to protect the privacy of the minors and are strictly
prohibited from selling or otherwise providing to any third
party,in any manner whatsoever,the personal or identifying
17 of 25 pages
ARTICLE IV
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Article V Control. Documentation, including any other
General Fiscal Terms and Conditions form(s)required by County or the Suffolk County
Department of Audit and Control, shall be
1. General Payment Terms furnished to the County pursuant to,and as limited
by,the Regulations for Accounting Procedures for
a. Presentation of Suffolk County Payment Contract Agencies of the Suffolk County
Voucher Department of Audit and Control. In addition to
any other remedies that the County may have,
In order for payment to be made by the County to failure to supply the required documentation will
the Contractor for the Services, the Contractor disqualify the Contractor from any further County
shall prepare and present a Suffolk County contracts.
Payment Voucher,which shall be documented by C. Payment by County
sufficient,competent and evidential matter. Each
Suffolk County Payment Voucher submitted for Payment by the County shall be made within thirty
payment is subject to Audit at any time during the (30) days after approval of the Suffolk County
Term or any extension thereof. This provision Payment Voucher by the Comptroller.
shall survive expiration or termination of this
Contract for a period of not less than seven (7)
years,and access to records shall be as set forth in d. Budget Modification
paragraph 25 of Article III,and paragraph 4(b)of
Article V. i.) The parties shall use the Contract
Budget Modification Request form
b. Voucher Documentation ("Budget Modification")for revisions to
the Budget and Services not involving
The Suffolk County Payment Voucher shall list all an increase to the total cost of the
information regarding the Services and other items Contract. If the Contractor is seeking
for which expenditures have been or will be made such a 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
were made, and in no event after the 3111 day of Contractor shall sign the Budget
January following the end of each year of the Modification form and return it to the
Contract, the Contractor shall furnish the County County for execution along with any
with detailed documentation in support of the other documentation the Department
payment for the Services or expenditures under the may require.
Contract e.g. dates of the Service, worksite ii.) Such request must be made in advance
locations, activities, hours worked, pay rates and of incurring any expenditure for which
all program Budget categories. The Suffolk
County Payment Voucher shall include time the revision is needed.
records, certified by the Contractor as true and iii,) Upon complete execution of the Budget
accurate,of all personnel for whom expenditures Modification form, the County shall
are claimed during the period. Time and
attendance records of a Contractor's return a copy to the Contractor. The
Director/Executive Director shall be certified by revision shall not effective until the
the Chairperson, President or other designated Budget Modification is completely
member of the Board of Directors of the executed.
Contractor and shall be maintained by the iv.) The Budget Modification form may be
Contractor for audit. All Suffolk County Payment
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 15 of that year.
and certification of such authorization with e. Budget and/or Services
certified specimen signatures thereon must be
filed with the County by a Contractor official Revisions
empowered to sign the Contract. i.) The parties shall use the Contract
Disbursements made by the Contractor in
accordance with the Contract and submitted for FormBudgBudd t/ Revision Approval
reimbursement must be documented and must Form ns to(Budget/Services Buds Revisions) for
comply with accounting procedures as set forth by revisions to the Budget and Services
the Suffolk County Department of Audit and involving any change to the total cost of
the Contract due to a resolution of the
18 of 25 pages
ARTICLE V
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Legislature, changes to the County's under which such reimbursement shall
adopted annual budget,or for any other be paid.
reason necessitating revisions to the
Budget or Services. C. The County may, during the Term, impose a
ii.) When the County and the Contractor Budget Deficiency Plan. In the event that a
agree as to such revisions, the Budget Deficiency Plan is imposed, the County
Department will enter the information shall promptly notify the Contractor in writing of
into the Budget/Services Revisions the terms and conditions thereof, which shall be
Form and send it to the Contractor for deemed incorporated in and made a part of the
Contract, and the Contractor shall implement
signature.The Contractor shall return those terms and conditions in no less than fourteen
to the County for execution along with (14)days.
any other documentation the
Department may require. 3. Personnel Salaries, Pension and Employee Benefit
iii.) Upon complete execution of the form by Plans,Rules and Procedures
the parties, the County shall return a a. Upon request, the Contractor shall submit to the
copy to the Contractor. The revision
shall not be effective until the County a current copy,certified by the Contractor
as true and accurate,of its
Budget/Services Revisions Form is
completely executed. i.) salary scale for all positions listed in the
f. Taxes Budget;
The charges payable to the Contractor under the ii.) personnel rules and procedures;
Contract are exclusive of federal, state, and local iii,) pension plan and any other employee
taxes, the County being a municipality exempt benefit plans or arrangements.
from payment of such taxes.
b. The Contractor shall not be entitled to
g. Final Voucher reimbursement for costs under any pension or
benefit plan the Comptroller deems commercially
The acceptance by the Contractor of payment of unreasonable.
all billings made on the final approved Suffolk
County Payment Voucher shall operate as and C. Notwithstanding anything in this paragraph 3 of
shall be a release of the County from all claims by this Article V,the County shall not be limited in
the Contractor through the date of the Voucher. requesting such additional financial information it
deems reasonable.
2. Subject to Appropriation of Funds
4. Accounting Procedures
a. The Contract is subject to the amount of funds
appropriated each fiscal year and any subsequent a. The Contractor shall maintain accounts, books,
modifications thereof by the County Legislature, records, documents, other evidence, and accounting
and no liability shall be incurred by the County procedures and practices which sufficiently and
beyond the amount of funds appropriated each properly reflect all direct and indirect costs of any
fiscal year by the County Legislature for the nature expended in the performance of the Contract,
Services. in accordance with generally accepted accounting
principles and with rules, regulations and financial
b. If the County fails to receive Federal or State funds directives, as may be promulgated by the Suffolk
originally intended to pay for the Services, or to County Department of Audit and Control and the
reimburse the County, in whole or in part, for Department. The Contractor shall permit inspection
payments made for the Services,the County shall and audit of such accounts,books,records,documents
have the sole and exclusive right to: and other evidence by the Department and the Suffolk
County Comptroller,or their representatives,as often
i.) determine how to pay for the Services; as, in their judgment, such inspection is deemed
necessary. Such right of inspection and audit as set
ii.) determine future payments to the forth in subparagraph b.below shall exist during the
Contractor;and Term and for a period of seven (7) years after
expiration or termination of the Contract.
iii.) determine what amounts, if any, are
reimbursable to the County by the b. The Contractor shall retain all accounts, books,
Contractor and the terms and conditions records,and other documents relevant to the Contract
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ARTICLE V
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for seven(7)years after final payment is made by the accounting records of the Contractor in accordance
County. Federal, State, and/or County auditors and with generally accepted accounting principles. The
any persons duly authorized by the County shall have audited financial statements including respective
full access and the right to examine any of said Management Letters must be emailed to the Executive
materials during said period. Such access is granted Director of Auditing Services at
notwithstanding any exemption from disclosure that Audits@suffolkcountyny.gov within thirty (30) days
may be claimed for those records which are subject to after completion of the audit,but in no event later than
nondisclosure agreements, trade secrets and nine(9)months after the end of the Contractor's fiscal
commercial information or financial information that year,to which the audit relates. The Contractor may
is privileged or confidential. solicit requests for proposals from a number of
qualified accounting firms and review carefully the
C. The Contractor shall utilize the accrual basis of costs of, and qualifications for, this type of work
accounting and will submit all financial reports and before selecting the Auditor.
claims based on this method of accounting during the
Term. b. The Auditor should be required to meet the following
minimum requirements:
5. Audit of Financial Statements
i.) a current license issued by the New
a. All payments made under the Contract are subject York State Education Department;
to audit by the Comptroller pursuant to Article V ii.) sufficient auditing experience in the not-
of the Suffolk County Charter. The Contractor for-profit, governmental or profit-
further agrees that the Comptroller and the making areas,as applicable;and
Department shall have access to and the right to
examine, audit, excerpt, copy or transcribe any iii.) a satisfactory peer review issued within
pertinent transactions or other records relating to not more than three(3)years prior to the
services under the Contract. If such an audit date when the Auditor was selected to
discloses overpayments by the County to the conduct the audit.
Contractor, within thirty (30) days after the C. The audit must be conducted in accordance with
issuance of an official audit report by the generally accepted governmental auditing standards.
Comptroller or his duly designated Financial statements must clearly differentiate
representatives, the Contractor shall repay the between County-funded programs and other programs
amount of such overpayment by check to the order that the Contractor may be operating. The use of
of the Suffolk County Comptroller or shall submit subsidiary schedules should be encouraged for this
a proposed plan of repayment to the Comptroller. purpose. The Auditor must also prepare a
If there is no response, or if satisfactory Management Letter based on the audit.
repayments are not made,the County may recoup
overpayments from any amounts due or becoming d. "Subrecipients"—Federally Funded Programs and
due to the Contractor from the County under the Grants
Contract or otherwise.
i.) In the event the Contractor is a"Subrecipient"as
b. The provisions of this paragraph shall survive the that term is defined in 2'CFR § 200.93 and the
expiration or termination of the Contract for a Contractor expends seven hundred fifty thousand
period of seven (7) years, and access to records
($750,000.00)dollars or more of Federal moneys,
shall be as set forth in paragraph 25 of Article III, whether as a recipient expending awards received
and paragraph 4(b)of Article V. directly from Federal awarding agencies or as a
6. Financial Statements and Audit Requirements Contractor expending Federal awards received
from a pass-through entity such as New York State
a. Notwithstanding any other reporting or certification and/or Suffolk County, during any fiscal year
requirements of Federal,State,or local authorities,the within which it receives funding under the
Contractor shall obtain the services of an independent Contract,the audit referred to under this paragraph
licensed public accountant or certified public 6 must be conducted and any the audit report must
accountant (the "Auditor") to audit its financial be in accordance with OMB Uniform Grant
statements for each Contractor's "fiscal year" in Guidance — 2 CFR Part 200 ("Single Audit
which the Contractor has received, or will receive, Report"). Single Audit Reports must also be
three hundred thousand($300,000.00)dollars or more uploaded to the Federal Audit Clearinghouse, to
from the County,whether under the Contract or other the extent required by the OMB Uniform Grant
agreements with the County,and shall submit a report Guidance referred to above. In addition, the
to the County on the overall financial condition and Single Audit Report, respective financial
operations of the Contractor,including a balance sheet statements and any Management Letters must be
and statement of income and expenses,attested by the submitted to the Department set forth on page one
Auditor as fairly and accurately reflecting the of this Contract and emailed to the Executive
20 of 25 pages
ARTICLE V
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Director of Auditing Services at any furniture, fixtures, or equipment valued in
subrecipientmonitoring(a)suffolkcountyny.Eov excess of one thousand dollars ($1,000.00) per
within thirty (30) days after completion of the unit for which the Contractor will seek
audit, but in no event later than nine (9) months reimbursement from the County, the Contractor
after the end of the Contractor's fiscal year, to shall submit to the County a written request for
which the audit relates. approval to make such a proposed purchase,rental
or lease, with a list showing the quantity and
ii.) In the event the Contractor is a"Subrecipient"as description of each item,its intended location and
that term is defined in 2 CFR § 200.93 and the use, estimated unit price or cost, and estimated
Contractor expends less than seven hundred fifty total cost of the proposed order. Written approval
thousand ($750,000.00) dollars of Federal of the County shall be required before the
moneys,whether as a recipient expending awards Contractor may proceed with such proposed
received directly from Federal awarding agencies purchase, rental or lease of furniture, fixtures or
or as a Contractor expending Federal awards equipment. All items purchased must be new or
received from a pass-through entity such as New like new unless specifically described otherwise in
York State and/or Suffolk County, during any the Budget.
fiscal year the Contractor must email a certified
Exemption Letter, the form of which shall be b. Purchase Practices/Proprietary Interest of
provided by the Department, on the Contractor's County
Letterhead and a Schedule of Federal Funds
Expended to the respective County Department i.) The Contractor shall follow the general
and the Executive Director of Auditing Services at practices that are designed to obtain
subrecipientmonitoring_@suffolkcountyny.gov furniture, fixtures, equipment,
within thirty (30) days of the end of the materials, or supplies at the most
Contractor's fiscal year. The Schedule of Federal reasonable price or cost possible.
Funds Expended must include all Federal funding
received directly from the Federal government and ii.) The County reserves the right to
all Federal funds passed through from the County purchase or obtain furniture, fixtures,
and other pass-through entities. equipment,materials,or supplies for the
Contractor in accordance with the
iii.) Subrecipients may include,but not necessarily be programmatic needs of the Contract. If
limited to, not-for-profit organizations; units of the County exercises this right, the
state government or a unit of local governments. amount budgeted for the items so
purchased or obtained by the County for
the Contractor shall not be available to
e. Copies of any other audit reports including oversight the Contractor for any purpose
agency audits must be submitted to the Department set whatsoever. Title to any such items
forth on page one of this Contract and emailed to the purchased or otherwise obtained by the
Executive Director of Auditing Services at County for the programs encompassed
Audits a,suffolkcountynv.gov within thirty (30) days by the Contract and entrusted to the
after completion of the audit(s). Contractor,shall remain in the County.
f. The requirements set forth in this paragraph 6 shall not iii,) The County shall retain a proprietary
preclude the authorized representatives of the County, interest in all furniture, removable
the Comptroller, or Federal or State entities from fixtures, equipment, materials, and
conducting any other duly authorized audit(s) of supplies purchased or obtained by the
records and financial statements of the Contractor. Contractor and paid for or reimbursed to
The Contractor shall make such records and financial the Contractor pursuant to the terms of
statements available to authorized representatives of the Contract or any prior agreement
Federal, State and County government for that between the parties.
purpose.
iv.) The Contractor shall attach labels
g. The provisions of this paragraph 6 shall survive the indicating the County's proprietary
expiration or termination of the Contract. interest or title in all such property.
7. Furniture,Fixtures,Equipment,Materials,Supplies
C. County's Right to Take Title and Possession
a. Purchases, Rentals or Leases Requiring Prior
Approval Upon the termination or expiration of the Contract
or any renewal thereof,the discontinuance of the
Prior to placing any order to purchase,rent or lease business of the Contractor, the failure of the
Contractor to comply with the terms of the
21 of 25 pages
ARTICLE V
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Contract, the bankruptcy of the Contractor, an f. Disposition of Property in Contractor's
assignment for the benefit of its creditors, or the Custody
failure of the Contractor to satisfy any judgment
against it within thirty (30) days of filing of the Upon termination of the County's funding of any
judgment,the County shall have the right to take of the Services covered by the Contract,or at any
title to and possession of all furniture,removable other time that the County may direct, the
fixtures, equipment, materials, and supplies and Contractor shall make access available and render
the same shall thereupon become the property bf all necessary assistance for physical removal by
the County without any claim for reimbursement the County or its designee of any or all furniture,
on the part of the Contractor. removable fixtures, equipment, materials or
supplies in the Contractor's custody in which the
d. Inventory Records,Controls and Reports County has a proprietary interest, in the same
condition as such property was received by the
The Contractor shall maintain proper and accurate Contractor, reasonable wear and tear excepted.
inventory records and controls for all such Any disposition, settlements or adjustments
furniture, removable fixtures and equipment connected with such property shall be in
acquired pursuant to the Contract and all prior accordance with the rules and regulations of the
agreements between the parties,if any. Three(3) County and the State of New York.
months before the expiration date of the Contract,
the Contractor shall make a physical count of all g. Lease or Rental Agreements
items of furniture, removable fixtures and
equipment in its custody, checking each item If lease payments or rental costs are included in the Budget
against the aforesaid inventory records. A report as an item of expense reimbursable by the County, the
setting forth the results of such physical count Contractor shall promptly submit to the County, upon
shall be prepared by the Contractor on a form or request,any lease or rental agreement. If during the Term,
forms designated by the County, certified and the Contractor shall enter into a lease or rental agreement,or
signed by an authorized official of the Contractor, shall renew a lease or rental agreement,the Contractor shall,
and one(1)copy thereof shall be delivered to the prior to the execution thereof, submit such lease or rental
County within five(5)days after the date set for agreement,to the County for approval.
the aforesaid physical count. Within five(5)days
after the termination or expiration date of the
Contract, the Contractor shall submit to the 9. Statement of Other Contracts
County six(6)copies of the same report updated
to such date of the Contract, certified and signed Prior to the execution of the Contract,the Contractor shall
by an authorized official of the Contractor,based submit a Statement of Other Contracts to the County. If the
on a physical count of all items of furniture, Contract is amended during the Term, or if the County
removable fixtures and equipment on the aforesaid exercises its option right,the Contractor shall submit a then
expiration date, and revised, if necessary, to current Statement of Other Contracts.
include any inventory changes during the last three
(3)months of the Term. 10. Miscellaneous Fiscal Terms and Conditions
e. Protection of Property in Contractor's Custody a. Limit of County's
Obligations
The Contractor shall maintain vigilance and take
all reasonable precautions to protect the furniture, The maximum amount to be paid by the County is
fixtures, equipment, material or supplies in its set forth on the first page of the Contract.
custody against damage or loss by fire, burglary,
theft,disappearance,vandalism,or misuse. In the b. Duplicate Payment from Other Sources
event of burglary, theft, vandalism, or
disappearance of any item of furniture, fixtures, Payment by the County for the Services shall not
equipment, material or supplies, the Contractor duplicate payment received by the Contractor
shall immediately notify the police and make a from any other source.
record thereof,including a record of the results of
any investigation which may be made thereon. In C. Funding Identification
the event of loss of or damage to any item of
furniture, fixtures, equipment, materials, or The Contractor shall promptly submit to the
supplies from any cause, the Contractor shall County upon request,a schedule for all programs
immediately send the County a detailed written funded by the County, itemizing for each such
report thereon. program the sums received, their source and the
total program budget.
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d. Outside Funding for Non-County Funded whole or in part, or the amount payable to the
Activities Contractor may be reduced at the discretion of the
County, provided that any such termination or
Notwithstanding the foregoing provisions of the reduction shall not apply to allowable costs
Contract, it is the intent of the County that the incurred by ,the Contractor prior to such
terms and conditions of the Contract shall not limit termination or reduction,and provided that money
the Contractor from applying for and accepting has been appropriated for payment of such costs.
outside grant awards or from providing additional g. Denial of Aid`
educational activities/services which may result in
the Contractor incurring additional costs, as long If a State or Federal government agency is funding
as the following conditions are met: the Contract and fails to approve aid in
reimbursement to the County for payments made
i.) The County is not the Fund Source for hereunder by the County to the Contractor for
the additional services; expenditures made during the Term because of
ii.) Sufficient funding is available for or can any act,omission or negligence on the part of the
be generated by the Contractor to cover Contractor, then the County may deduct and
the cost incurred by the Contractor to withhold from any payment due to the Contractor
provide these additional services;and an amount equal to the reimbursement denied by
the state or federal government agency, and the
iii.) If sufficient funding is not available or County's obligation to the Contractor shall be
cannot be generated, the County shall reduced by any such amounts. In such an event,if
not be held liable for any of the there should be a balance due to the County after
additional costs incurred by the it has made a final payment to the Contractor
Contractor in furnishing such additional under the Contract,on demand by the County,the
services. Contractor shall reimburse the County for the
amount of the balance due the County,payable to
iv.) Prior to scheduling any such additional the Suffolk County Comptroller.The provisions of
services on County-owned property,the this subparagraph shall survive the expiration or
Contractor shall obtain written County termination of the Contract.
approval. The Contractor shall, to the
County's satisfaction, submit any h. Budget
documentation requested by the
Department reflecting the change, and The Contractor expressly represents and agrees
identify the additional services to be that the Budget lists all revenue, expenditures,
provided and the source of funding that personnel,personnel costs and/or all other relevant
shall be utilized to cover the costs necessary to provide the Services.
expenditures incurred by the Contractor
in undertaking the additional services. i. Payment of Claims
e. Potential Revenue Upon receipt of a Suffolk County Payment
Voucher,the County,at its discretion,may pay the
The Contractor shall actively seek and take Contractor during the Term, in advance, an
reasonable steps to secure all potential funding amount not to exceed one sixth (1/6) of the
from grants and contracts with other agencies for maximum amount to be paid by the County set
programs funded by the County. forth on the first page of the Contract.
f. Payments Contingent upon State/Federal j, Payments Limited to Actual Net Expenditures
Funding
The Contractor agrees that if, for any reason
Payments under the Contract may be subject to whatsoever,the Contractor shall spend during the
and contingent upon continued funding by State Term for the purposes set forth in the Contract an
and/or Federal agencies. In the event payments amount less than, or receive amounts more than,
are subject to such funding no payment shall be provided in the Budget, the total cost of the
made until the Contractor submits documentation Contract shall be reduced to the net amount of
in the manner and form as shall be required by actual Contractor expenditures made for such
State and/or Federal agency. If late submission of purposes. The total amount to be paid by the
claims precludes the County from claiming State County shall not exceed the lesser of(i)actual net
or Federal reimbursement,such late claims by the expenditures or(ii)the total cost of the Contract
Contractor shall not be paid by the County subject on the cover page and in the Budget. Upon
to subparagraph g. below, if, for any reason, the termination or expiration of the Contract, if the
full amount of such funding is not made available Contractor's total amount of allowable expenses is
to the County,the Contract may be terminated in less than the total amount of the payments made
23 of 25 pages
ARTICLE V
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during the Term, the Contractor shall prepare a Consultant's Agreements"as promulgated by the
check payable to the Suffolk County Comptroller Department of Audit and Control of Suffolk
for the difference between the two amounts and County and any amendments thereto during the
submit such payment to the County,along with the Term of the Contract. The"Comptroller's Rules
final Suffolk County Payment Voucher. and Regulations for Consultant's Agreements"
and "SOP A-07 Amendment 1" may be viewed
k. Travel, Conference, and Meeting Attendance: online at the County's website,
SOP A-07 Amendment 1 SuffolkCountyny.gov; go to "Government," then
"Comptroller,"then"Consultant's Agreements."
Reimbursement to the Contractor for travel costs
shall not exceed amounts allowed to County
employees. All conferences that are partially or End of Text for Article V
fully funded by the County that the Contractor's
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."
I. 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 of prior approval
of the Contractor's filling of any vacant position
as of the date of execution of the Contract or as
may thereafter become vacant,and,in the exercise
of that right. The County may promulgate
reasonable regulations involving filling of
vacancies which shall be deemed to be
incorporated by reference in,and be made part of,
the Contract, provided, however, that subject to
the availability of funding,approval for the hiring
of replacement clerical shall be a Contractor
determination.
o. No Limitation On Rights
Notwithstanding anything in this Article V to the
contrary,the County shall have available to it all
rights and remedies under the Contract and at law
and equity.
P. Comptroller's Rules and Regulations
The Contractor shall comply with the
"Comptroller's Rules and Regulations for
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Article VI
Budget
25 of 25 pages
ARTICLE VI
f
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
PROGRAM BUDGET
2023
Jslq
AGENCY/MUNICIPALITY: Town of Southold FUND TYPE
PROGRAM TITLE:
PERSONAL SERVICES:
POSITION TITLE RATE OF BASIS TOTAL AMOUNT(1) TOTAL OCFS FUNDS REQUESTED
PAY (H,W,BW,SM) FOR THIS PROGRAM
Juvenile Aid Bureau Officer $67.24 H $17,464-00p
i
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 AMOUNT(1)
PAY (I-W,BW,SM)
TOTAL CONTRACTED SERVICES
TOTAL MA -4TENANCE&_OPERATION $
FACILITY REPAIRS
PROGRAM SITE ADDRESS
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TOTAL FACILITY REPAIRS(4) $
TOTAL OCFS PROGRAM AMOUNT$17,464.00
TOTAL OCFS FUNDS REQUESTED
LIST OF OTHER FUNDING SOURCES REIMBURSABLE TOTAL
MUNICIPAL FUNDING
OTHER SOURCES