HomeMy WebLinkAboutYouth Bureau °��S�EEOIK�oo
0
RECEWED
Office of the Town Attorney JAN 19 2024
Town of Southold Southold Town Clerk
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Denis Noncarrow, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: January 18, 2024
Subject: Youth Bureau agreement w/ Suffolk County
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/mm
Enclosures
cc: Accounting
Youth Bureau
RECEIVED
E®
Rev. 11/14/2022; Law No. d3-�0- C7�71p SC 23 000002839
Line Item/Omnibus Grant ARH1
JAN 1. 7 2024
Contract
Town Attorney's Office
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 Department of Youth Bureau ("the
Department"), located at the H. Lee Dennison Building7311 Floor, 100 Veterans Memorial Highway,
Hauppauge, New York(Mailing address: P.O. Box 6100, Hauppauge,New York 11788-0099); and
Town of Southold (the "Contractor"),a Municipal Corporation,having an address at 53095 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 1,2023 through December 31,2023;with an option to extend the Contract, to
be exercised at the County's discretion,to June 30,2024 on the same terms and conditions herein.
Total Cost of the Contract: Shall not exceed $8,911.00, to be paid as set forth-in Articles V and VI as set forth
herein, unless,revised by a Suffolk County Resolution and in accordance with paragraph Le. of Article V of this
Contract.
Terms and Conditions: Shall be as set forth in Articles I through VI, attached hereto and made a part hereof.
In Witness Whereof the parties hereto have executed the Contract as of the latest date written below.
Town of Sout d
B`'
Name: COUNTY F SUF
-{,�
Title: tLA&ADVjffV j S W By:
Fed.Tat ID it: Lisa Black
Date: I a- lr9 a-3 Ch' C u x5e
S�'•�" R�S��' Date: �
[NAME OF SIGNATORY1
hereby certifies under penalties ofperiury that I am an officer Approved:
of'��VJ� 6 Departm
[N.-WE.of CONTRACTOR] By:
that I have read and I am familiar xvith§ A5-8 of Article V Nan : Dana ylan Esq.
of the Suffolk County Code,and that
Ti c• man Services Chi Planner
I\ANIE OF CONTICAC ORI Date 11,ho Is
meets all re ' ements to qualify for exemption thereunder.
Date 1 a a
ISIG INWRE1
Approved as to Form:
Dennis M.ISehe-n-?3`-t)-w V)
County Attor ey
Bv:
Name I i4iana-ft itf N, Esq. S99--CSL AWW-041
Qq-tAssistn nt Cot my Attorney
Date: 1 al
hof COGS
1 of 25 pages
Rev. 11/14/2022; Law No. SC 23 000002839
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List of Articles
Article I
Description of Sen?ices
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
I. 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
e. 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 Ri-lits
9. Non-Discrimination in Services and Employment
10.Nonsectarian Declaration
11.Governing Lav
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
2 of 25 pages
Rev. 11/14/2022; Lav No. SC 23 000002839
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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'sNendor's Public Disclosure Statement
2. Living Wage Law
3. Use of County Resources to Interfere with Collective Bargaining Activities
4. Lawful Hiring of Employees Law
5. Gratuities
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas
7. Child Sexual Abuse Reporting Policy
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
b. Purchase Practices/Proprietary Interest of County
3 of 25 pages
r
Rev. 11/14/2022; Lav No. SC 23 000002839
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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
I. Salaries
m. Salary Increases
n. Contractor Vacancies
o. No Limitation On Rights
p. Comptroller's Rules and Regulations
Article VI
Budget
4 of 25 pages
Rev. 11/14/2022; Law No. SC 23 000002339
Line Item/Omnibus Grant ARH1 --
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 a program to the County;
Nov 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.
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 Perfonnance 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. T'he Contractor shall cooperate with the Department in all aspects necessary to carry out the
requirements of Local Law 41-2013.
4. SuffolkSTAT
Be-inning in the second month of the Contract Term for contr,4cts 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 SuftolkSTAT • application by linking onto
htt-o://suffolkstat.suffolkcoupiyny.gov no.later than the 15th of each month of the Contract Terni,as more
specifically set forth in Exhibin to this Contract.
End of Text for Article I
of.25 pages
ARTICLE I
OCFS-5001(Rev.11/2013) Page 1 of 2
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
INDIVIDUAL PROGRAM APPLICATION
Program Information
Program Title: YDSIForroUh il§eOii Program Year.
Youth Services 2023
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Funding Category: County.
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- :.}'�':ti:: tor" :.�''%.: ..4.....r..:•.��.,-:. ??:v%:-,iii^`->i:`�5..
This Agency is: u: µ K,,r_ ..r.:•. Federal ID# Charities Reg.#
El Private,Not for Profit M Public ElReligious Corporations 11-6001939
Agency Website: implementingAgency:
www.southoldtownny.gov Town of Southold
Mailing Address:
P.O.Box 1179
Address Line 2:
53095 Main Road
City: State: Zip Code:
Southold NY 11971
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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- scoff.russeH@town.southold.ny.gov
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Last Name: First Name: ;
Maloney Tracey
Title: Phone Number. Extension:
Youth Bureau Director 631-765-8251
Fax Number. E-Mail:
traceytn@southoldtownny.gov
C•
S.
•€HO'RS°OF:'b�P..Ef2A�iON:. ._>.. ..�,
FROM: 1/1/2023 TO: 12/31/2023 FROM: 9A TO: 5P
®Daily ❑Other'(Explain)
EXECUTIVE DIRE TORY/BOARD CHAIRPERSON SIGNATURE
Disclaimer:Please note that submission of these forms to the County Youth Bureau does NOT
guarantee funding will be allocated to your program.
❑ Changes have been submitted on the electronic OCFS-5001,5002,5003.
a� x4
Town of Southold Youth Bureau
970 Peconic Lane
Pecon ic,NY 11958
Town of Southold Youth Services Consultant
The consultant shall provide individual and crisis intervention counseling along with substance
abuseleducation services for the youth in the town of Southold.
The consultant will provide group,family, and individual counseling to those referred for.services.A
referral network with other Youth Service agencies will be maintained.The consultant will attend, and
or provide program/lectures on youth related issue as requested.
The consultant will aid the Southold Town Juvenile Aid Bureau on youth related problems and solutions
as well as assist the Town of Southold Youth Court.
The consultant will work with the Town,of Southold Youth Bureau on youth related issues such as
prevention initiatives and the development of solutions to identity problems.
The consultant will provide any and all other services, upon mutual agreement as needed by the Town
of Southold's Youth Services Program.
These services are available to all Suffolk County Youth.
Rev. 11/14/2022; Law No. SC 23 000002839
Line Item/Omnibus Grant ARM
Article 11 agent for service of process;or
Definitions
d. the Contractor's failure to comply with any
1_ tMeaninas of Terms Federal,State or local lav,rule,or regulation,and County
policies or directives;or
As used herein.
C. the Contractor's bankruptcy or insolvency;or
"Audit of Financial Statements"means the examination by
the Comptroller and any Federal or State auditing authority C the Contractor's failure to cooperate in an Audit of
of the financial statements of the Contractor resulting in the Financial Statements;or
publication of an independent opinion on whether or not g• the Contractor's falsification of records or reports,
those financial statements are relevant,accurate,complete
and fairly presented. misuse of funds,or malfeasance or nonfeasance in financial
record keeping arising out of, or in connection with, any
"Budget"means the Contractor's summary or plan of all contract with the County;or
intended revenue, whether received in the form of fees,
grants, County funding, or any other source, and h. the Contractor's failure to submit or failure to
expenditures necessary-to render the Services. timely submit, documentation to obtain Federal or State
funds;or
"Budget Deficiency Plan"mcans an analysis of the cost of
the Services, changes in fiscal conditions, and required i. the inability of the County or the Contractor to
modifications to the Contract to continue to render the obtain Federal or State funds due to any act or omission of
Services. the Contractor;or
"Comptroller" means the Comptroller of the County of J• any condition that the County determines, in its
Suffolk. sole discretion,is dangerous.
"Contract"means all terms and conditions of this Contract k. the failure to comply with Local I.aw 41-2013 and
forming all rights and obligations of the Contractor and the related contractual requirements.
County.
"Federal" means the United States govcmmcnL its
"Contractor"means the signatory corporation,its officers, departments,and agencies.
officials, employees, agents, servants, sub-contractors, "Fringe Benefits" means non-wage benefits which
volunteers:and anv successor or assign of any one or mon b
of the foregoing performing the Services. accompany,or are in addition to,a person's salary,such as
paid insurance, sick leave, profit-sharing plans, paid
"County"means the County of Suffolk,its departments,and holidays,and vacations.
agencies.
"Fund Source"means any direct or indirect sum payable to
"County Attorney" means the County Attorney of the the Contractor by the County pursuant to any lawful
Countv of Suffolk. obligation.
"Department" means the signatory department approving "Legislature" means the Legislature of the County of
the Contract. Suffolk.
"Engineering Services"means the definition of the practice "Management Letter' means a letter certified as true by the
of engineering and the definition of practice of land Contractor's certified public accountant or chief financial
surveying, as the case may be, under Section 7201 and officer of findings and recommendations for improvements
Section 7203 of the State Education I.aw,respectively. in internal fiscal control that were identified during an Audit
of Financial Statements,but which were not required to be
"Event of Default''means included in an audit report.
a. the Contractor's failure to perform any duty "Alunicipal Corporation"means a town,village,or school
required of it under para�;raplts 1(b)-(e)of Article III of the district.
Contract;or
"Services"means all that which the Contractor must do,and
b. the Contractor's failure to maintain the amount any part thereof arising out of or in connection with, the
and types of insurance with an authorized insurer as required Contract as described in Article 1"Description of Services."
by the Contract;or
"Slate'means the State of New York_
C. the Contractor's failure to maintain insurance
required by the Contract with an insurer that has designated "Statement of Other Contracts" means a complete list of
the New York Superintendent of Insurance as its lawful all other contracts under which money has been or will be
6 of 25 pages
ARTICLE II
Rev. 11/14/2022; Law No. SC 23 000002839
Line Item/Omnibus Grant ARH1
paid to the Contractor from the County, Federal, or State
sowernments,or a h4unicipal Corporation,and(i)which are
currently in effect or(ii)which have expired within the past
twelve(12)months and have not been renewed.
"Suffolk County Payment Voucher"means the document
authorized and required by the Comptroller for release of
payment.
"Term"means the time period set forth on page one of the
Contract and,if exercised by the County-,the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include
correlative words of the feminine and neuter genders and
words importing the singular number shall mean and include
the plural number and vice versa. Words importing persons
shall include firms, associations, partnerships (including
limited partnerships), trusts, corporations, and other legal
entities,including public bodies,as well as natural persons,
and shall include successors and assisns.
Capitalized terms used, but not otherwise defined, herein,
shall have the meanings assigned to them in the Contract.
End of Text for Article II
7 of 25 pages
ARTICLE 11-
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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
R•Iedicare 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
alter such restriction,suspension,or revocation.
The Contractor shall continuously have during theTerm 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.) 'lite Contractor shall immediately notifycredentialin2,
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
necessan 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 or 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,ofevery••person performing any F.ngineering
must immediately notify the County, but in no Services. The failure to fith
File. submit. or maintain e
event shall such notification be later than five(5) Certificate shall be grounds for rejection ofany 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 temiinate the Contract
the Services rendered after the effective date of without cause,for anyreason,� s
at any time,upon such term
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 foregoing
performed. and the is given at least thirty(30)days'notice.
termination of the license does not affccl the
8 of 25 pages
ARTICLE 11I
Rev. 11/I4/2022; Law No. SC 23 000002839
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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
L) 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 attomeys'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
insurance, including contractual liability
iii.) The County is released from any and all coverage,in an amount not less than Two Million
liability under the Contract,effective as of the date Dollars($2,000,000.00)per occurrence for bodily
of the termination notice. injury and Two Million Dollars($2,000,000.00)
per occurrence for property damage. The County
iv.) Upon termination, the Contractor shall ` shall be named an additional insured.
reimburse the County the balance of any funds
advanced to the Contractor by the County no later ii.) Automobile Liability insurance(if any
than thirty (30) days after termination of the non-owned or owned vehicles are used by the
Contract. The provisions of this subparagraph Contractor in the performance of the Contract)in
shall survive the expiration or termination of the an amount not less than Five I lundred Thousand
Contract. Dollars($500,000.00)per person,per accident,for
bodily injury and not less than One Hundred
V.) Nothing contained in this paragraph Thousand Dollars ($100,000.00) for property
shall be construed as a limitation on the County's damage per occurrence. The County shall be
rights set forth in paragraphs](c)(iii)and 3 of this named an additional insured.
Article III.
iii.) ].Corkers' Compensation and
3. Indemnification and Defense Employer's Liability insurance, Disability
Benefits insurance, including coverage for Paid
a. The Contractor shall protect,indemnifv,and hold Family Leave Benefits in compliance with all
harmless the County, its agents, servants, officials, and applicable New York State laws and regulations,
employees from and against all liabilities, fines, penalties, if required by law. 'llae Contractor shall furnish to
actions,damages,claims,demands,judgments,losses,suits the County,prior to its execution of the Contract,
or actions,costs,and expenses caused by the negligence or the documentation required by the State of New
any acts or omissions of the Contractor,y including York Workers' Compensation Board of coverage
reimbursement of the cost of reasonable attorneys' fees or exemption from coverage pursuant to§§57 and
incurred by the Cotmty, its agents, servants, officials, and 220 of the Workers' Compensation Law. In
employees in any action or proceeding arising out of, or in accordance with General Municipal Law § 103,
connection with,the Contract. V the Contract shall be void and of no effect unless
the Contractor shall provide and maintain
b. The Contractor hereby represents and warrants coverage during the Term for the benefit of such
that it will'not infringe upon any copyright in performing the employees as are required to be covered by the
Services. The Contractor agrees that it shall protect, provisions of the Workers'Compensation Law.
indemni&' and hold harmless the County, its agents,
servants, officials, and employees from and .against all iv.) Professional Liability insurance in an
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amount not less than Two Million Dollars such tern 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. rile ger;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
certified original copy of each such policy evidencing 'iite 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
C. 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. V
ii.) provide the Services to an individual
g. In the event the Contractor shall fail to provide that is different_ or provided in a
evidence of insurance,the County may provide the insurance different manner, from those provided
required in such manner as the County deems appropriate to others pursuant to the Contract;or
and deduct the cost thereof from a fund Source.
iii.) subject an individual to segregation or
Ir. if the Contractor is a Municipal Corporation and separate treatment in any matter related
has a self-insurance program under which it acts as a self-
to the individual's receipt of the
insurer for any of such required coverage, the Contractor Services provided pursuant to the
shall provide proof,acceptable to the County,of self-ftmded Contract:or
coverage.
iv.) restrict an individual in any way from
S. Independent Contractor any advantage or privilege enjoyed by
others receiving the Services provided
The Contractor is not, and shall never be, considered an pursuant to the Contract:or
employee of the County for.any purpose. Notwithstanding
anything contained in this Contract,the Contract shall not be e.) treat an individual differently from
construed as creating a principal-agent relationship between others in determining whether or not the
the County and the Contractorbir the Contractor and the individual satisfies any eligibility or
County,as the case may be. other requirements or conditions which
individuals must meet in order to
6. Severability receive the Services provided pursuant
to the Contract;or
It is expressly agreed that if any term or provision of this
Contract, or the application thereof to any person or
vi.) discriminate against employees or
circumstance,shall be held invalid or unenforceable to any applicants for employment.
extent the remainder of the Contract, or the application of
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b. The Contractor shall not utilize criteria or methods each other, without compensation,any and all cooperation
of administration which have the effect of subjecting that may be required to defend the other party,its employees
individuals to discrimination because of their race, creed, and designated representatives, against any claim, demand
color;national origin,sex,age,disability,sexual orientation, or action that may be brought against the other party, its
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 othenvise dispose of the Contract,or any of its right,title
or interest therein, or its power to execute the Contract,or
'rhe 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 farther 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 laves 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. 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
1.3. Cooperation on Claims publicly held and not traded through an
exchange or over the counter):
The Contractor and the County shall render diligently to
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1. the dissolution, merger, the County shall be deemed to have granted its consent to
consolidation or other such Permitted'I"ransfer.
reorganization of the
Contractor;and e. Notwithstanding the County's consent,
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(I80)days after the in the Contract and other valid agrecments 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; (50%)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 by the County
Article IV of the Contract, that are 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 C'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 ora 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 IIt use its best efforts to ensure that its employees,consultants,
of the Contract. If the County shall not give written notice subcontractors;vendors grid agents do all acts and execute
to the Contractor denying its consent to such Permitted any documents; necessan•to vest ownership in the County
Transfer (and setting forth the basis for such denial in of,-my 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
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Contractor hereby gives to the County, and to any other employees,as defined in the law, shall be required to sign
person designated by the County, consent to produce, such sign-in sheets/registerilog books to indicate their
reproduce, publish, translate, display or otherwise use the presence on the construction,site daring such working hours.
Work Product. This paragraph shall survive any completion, v
expiration or termination of this Contract. 24. Certification Regarding Lobbying
The County shall be deemed to be the author of all the Fork Together with this Contract and as a condition precedent to
Product. The Contractor acknowledges that all Rork 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 Rork 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,arid 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 product 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
V i I1 of Chapter 189 of the SufTolk 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 Countv b. The Contractor shall cooperate with the
upon any debt.contract,or any other lawful obligation.and Department in all aspects necessary to help cam, 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 dales and times as specified by time 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 Count,
Code Article 1I 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.Contractors 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 registerilog books shall be kept
on the construction site at all times and all covered 27. Notice
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Unless otherwise expressly provided,all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular first class mail and certified mail, or personally—
delivered during business hours as follows: 1.) to the
Contractor at the address on page I 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 ivritten 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 Highkvay, P.O. Box 6100, (Sixth Floor).
Hauppauge,New York, 11733-0099.
End of Text for Article III
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AUDIT."
Article IV
Suffolk County Legislative Requirements 3. Use of County Resources to Interfere with Collective
Bargaining Activities
NOTE:THE CONTRACTOR'S COMPLETED LEGISLATIVE
REQUIREMENTS FORIMS REFERENCED HEREIN,ARE It shall be the duty ow thContractor a 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 303 of the Suffolk County Code.
County Contractors (as defined by section 803-2) shall
1. Contra ctor's/Vendor's Public Disclosure Statement comply with all requirements of Chapter 803 of the Suffolk
prohibitions:
It shall be the duly of the Contractor to read,become familiar County Code,including the following
with,and comply with the requirements of section A5-8 of a• The Contractor shall not use County funds to
Article V of the Suffolk County Code. assist,promote,or deter union organizing.
Unless certified by an officer of the Contractor as being b. No County funds shall be used to reimburse the
exempt from the requirements of section A5-8 of Article V Contractor for anv costs incurred to assist,promote,or deter
of the Suffolk County Code, the Contractor represents and union organizing.
warrants that it has fled with the Comptroller the verified
public disclosure statement required by Suffolk County C. No employer shall use County property to hold a
Administrative Code Article V,section A5-8 and shall file meeting with employees or supervisors lithe purpose ofsuch
an update of such statement with the Comptroller on or meeting is to assist,promote,or deter union organizing.
before the 3 Ist day of January-in each year of the Contract's
duration. The Contractor acknowledges that such filing is a If the Services are performed on County property, the
material,contractual and statutory duty and that the failure Contractor must adopt a reasonable access agreement, a
to file such statement shall constitute a material breach of the neutrality agreement, fair communication agreement, non-
Contract, for which the County shall be entitled, upon a intimidation agreement, and a majority authorization card
determination that such breach has occurred,to damages,in agreement.
addition to all other legal remedies,of fifteen percent(15%)
of the amount of the Contract. if the Ser-..-ices are for the provision of human services and
are not to be performed on County property,the Contractor
Required Form: must adopt,at the least,a neutrality agreement.
Suffolk County Form SCEX 22; entitled
"ContractoCs/Vendor's Public Disclosure Statement" Under the provisions of Chapter 803,the County shall have
the authority,under appropriate circumstances,to terminate
2. Living Nage Law the Contract and to seek other remedies as set forth therein,
for violations of this Law.
It shall be the duty of the Contractor to read,become familiar Required Form:
with,and comply with the requirements of Chapter 575,of Suffolk County Labor Law FormDUL-LU1 (Revised
the Suffolk County Code. 2/2020); entitled "Suffolk County Department of Labor,
•I-his Contract is subject to the Living Wage Law of the Licensing & Consumer Affairs — Union Organizing
County of Suffolk. The law requires that, unless specific CertificationiDeclaration-Subject to Audit."
exemptions apply,all employers(as defined)under service
contracts and recipients of County financial assistance, (as 4. Lawful Hiring of Employees Law
defined) shall provide payment of a minimum wage to .
employees as set forth in the Living Wage Law. Such rate It shall be the duty of the Contractor to read,become familiar
shall be adjusted annually pursuant to the terms of the with, and comply with the requirements of Article Il of
Suffolk County-Living Wage Law of the County of Suffolk. Chapter 353 of the Suffolk County Code.
Under the provisions of the Living Wage Law,the County
shall have the authority,under appropriate circumstances,to This Contract is subject to the Lawful Hiring of Employees
terminate the Contract and to seek other remedies asset forth Law of the County of Suffolk. It provides that all covered
therein,for violations of this Lain. employers,(as defined),and the owners thereof,as the case
may be,that are recipients of compensation from the County
Required Forms: throueh any grant. loan, subsidy, funding, appropriation,
Suffolk County Living Wage Form DOL-LW U38(Revised payment; tax incentive. contract, subcontract, license
12/2021) entitled "SUFFOLK COUNTY DEPARTi0ENT agreement,'lease or other financial compensation agreement
OF LABOR, LICENSING & CONSUi\•IF:R AFFMRS— issued by the County or an awarding-agency, where such
NOTICE OF APPLICATION FOR COUNTY compensation is one hundred percent(100%)funded by the
CO'NIPENSATION-LIVING WAGE County, shall submit a completed sworn affidavit (under
CF,RTIFiCATION/DECLARA'I-ION-SUBJI:CI• TO penalty ofperjury},the form of which is attached,certifying
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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-1.1 IE,I/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 i. 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 maybe,that
m assigned to perform work re connection with a County agent of the County or the Stale or ofany°political party,with
the purpose or intent of securing an agreement or securing
contract, subcontract, license aereemenL 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 (1001A) 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 pan 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 1V of the Suffolk
financial compensation agreement between the covered County Code. Such law provides that no contract for
employerand the County;and shall be made avai fable to the consulting services or roods and services shall he 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 7. Child Sexual Abuse Reportina Poliey
January 1 of each year for the duration of any contract and
upon the renewal or amendment of the Contract; and
whenever a new contractor or Subcontractor is hired under It shall.be the duty ofthe 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
1
material,contractual and statutory duty and that the failureThe Contractor shall comply with Article it of Chapter 880.
to file am•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 terns 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 Laws 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/lo- 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 shceWregister/log ilpon 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 DEPA10-IMEW OP LABOR, "Nonresponsible Bidder."
LICENSING, & CONSUNfl"It AFFAIRS — NOTICE OF
APPLICATION TO CERTIFY COMPLIANCE WITH
FEDERAL LAW- (8 U.S.C. SECTION 1324A) 11TTf 1
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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 til 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 firth in Article I and Article IiI of this Contract.
10. Youth Sports All contract agencies having a contract in excess of 150,000
shall cooperate with the contracts administering department
It shall be the duty of the.Contraetor to read,become familiar to identify the key performance measures. related to the
with, and comply Frith Article III of Chapter 730 of the objectives of the services that the contract agency provides
Suffolk County Codc. and shall develop an annual performance reportingplan.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 finding. Receipt of such plan or
Policy by the Cotmty does not represent approval or 14. Suffolk County Local Laws Website Address
endorsement ofany 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.
H. Work Experience Participation 15. Suffolk Countv 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-CountyCounty at which the Services are provided shall be a work
site for public-assistance clients of Suffolk County pursuant ethics Booklet_which contains the provisions of the Sullimlk
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 htt s//suffolkcountyn eov/PortaWO/formsdocstBoardofet
Understanding ("YIOU") with the Suffolk County p ' k
Department of Labor for work experience is in effect at thehies/Code%20of%20Ethics%20Booklet%20-
beginning ofthe'rerm ofthe Contract,the Contractor,if it is %20New%20Revised%20iblay%202017.pdf
a not-for-profit or governmental agency or institution,shall I6 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
to perform in accordance with the Contract, for which the with,and comply with the requirements olsection A5-22 of
County may withhold payment, terminate the Contract or Article V of he SulTolk County Administrative Code-
exercise such other remedies as mai- be appropriate in the
circumstances. The.Conlrictor(as defined in section A5=22)certifies that it
has policies and procedures in place for the effective
12. Safeguarding Personal information of Minors management of any cyber security breach, threat or event.
The Contractor shall immediately notify the Department
It shall be the duty of the Contractor to read.become familiar named on the signature page of this Contract the SUI)'olk
with,and comply with the requirements of Suffb)k Count)- County Executive, the Clerk of the Suffolk County
Local Law No. 20-2013, a Local Lata to Safe,uard the Legislature, and the Sultolk County Department of Audit
Personal Information of Minors in Suffolk County. and Control of any cyber security breach,event or attack,as
defined in section A5-22 of Article V of the Suffolk Count\
All contract agencies that provide.services.to minors are Administrative Code.
required to protect the privacy of the minors and are strictly
prohibited from selling or otherwise providing to any third End of Text for Article IV
party,in any manner whatsoever.the personal or identifying
17 of 23 pages
ARTICLE IV
Rev. 11114/2022; Lav No. SC 23 000002839
Line Item/Omnibfts Grant ARHI
Article V tory further County contracts.
General Fiscal Terms and Conditions
C. Payment by County
1. General Payment Terms
Payment by the County shaft be made within thirty(30)days
a. Presentation of Suffolk County Payment after approval of the Suffolk County Payment Voucher by
Voucher the Comptroller.
In order for payment to be made by the County to the d. Budget Modification
Contractor for the Services,the Contractor shall prepare and i.) The parties shall use the Contract
present a Suffolk County Payment Voucher;which shall be Modification Request for
M
Budget m
documented by sufficient,competent and evidential matter. Budget("Budget Modification")for revisions m
Each Suffolk County Payment Voucher submitted for involving
to
e Budget and Services not visio
payment is subject to Audit at any time during the Term or the
increase to the total cost of the
any extension thereof. This provision shall surviveContract. If the Contractor is seeking
expiration or termination of this Contract for a period of not such a modification.the Contractor shall
less than seven(7)years,and access to records shall be as set contact the Department o receive the
forth in paragraph 25 of Article III, and paragraph 4(b)of
Article V. form and enter the required information.
R'hen the County and the Contractor
b. Voucher Documentation agree as to such revisions, the
Contractor shall sign the Budget
The Suffolk County Payment Voucher shall list' all Modification form and return it to the
information regarding the Services and other items for which. County for execution along with any
expenditures have been or will be made in accordance w ith other documentation the Department
the Contract. Either upon execution of the Contract(for the may require.
Services already rendered and expenditures already made), ii.) Such request must be made in advance
or not more than thirty'(30)days alter the expenditures were of incurring any expenditure for which
made,and in no event after the 31 S`day of January following
the end of each year of the Contract, the Contractor shall the revision is needed.
furnish the County with detailed documentation in support iii,) Upon complete execution of the Budget
of the payment for the Services or expenditures under the Modification form, the County shall
Contract, e.g., dates of the Service, worksite locations, return a copy to the Contractor. The
activities,hours worked, pay rates and all program Budget revision shall not be effective until the
categories. The Suffolk County Payment Voucher shall Budget Modification is completely
include time records,certified by the Contractor as true and
accurate,of all personnel for whom expenditures are claimed executed.
durin, the period. Time and attendance records of a iv,) The Budget Modification form may be
Contractor's DirectodBxecutive Director shall be certified submitted only twice per calendar year
by the Chairperson.President or other designated member of and may only be submitted prior to
the Board .of Directors of the Contractor and shall be November 15'"•of that year.
maintained by the Contractor for audit. All Suffolk County
Payment Vouchers must bear a signature as that term is e. Budget and/or Services
defined pursuant to New York State General Construction Recisions
Law§ 46 by duly authorized persons, and certification of
such authorization with certified specimen signatures i,) The parties shall use the Contract
thereon must be filed with the County by a Contractor Budget/Services Revision Approval
official empowered to sign the Contract.
Form (BudgcdScnices Revisions) for .
Disbursements made by the Contractor in accordance with revisions to the Budoct and Services
the Contract and submitted for reimbursement must be involt'in-any chane to the total cost of
documented and must comply with accounting procedures as the Contract due to a resolution of the
set forth by the Suffolk County Department of Audit andLegislature, changes to the County's
Control. Documentation, including any other fornt(s) adopted annual budget or for any other
required by County or the Suffolk County Department of reason necessitating revisions to the
Audit and Control,shall be furnished to the County pursuant Budget or Services,
to, and as limited bv, the Regulations for Accounting ii.) When the County and the Contractor
Procedures for Contract Aacncies of the Suffolk County agree as to such revisions, the
Department of Audit and Control. In addition to any other Department will enter the information
remedies that the County may have, failure to supply the into the Bud�,eliSen•ices Revisions
required documentation will disqualify the Contractor frotn Form and send it to the Contractor for
18 of 25 pages
ARTICLE V
Rev. 11/14/2022; Law No. SC 23 000002839
Line Item/Omnibus Grant ARH1
signature.The Contractor shall return it 3. Personnel Salaries, Pension and Employee Benefit
to the County for execution alone with Plans,Rules and Procedures
any other documentation y the
Department may require. a. Upon request,the Contractor shall submit to the
County a current copy,certified by the Contractor as true and
iii.) Upon complete execution of the form by accurate,of its
the parties, the County shall return a
copy to the Contractor. The revision i.) salary scale for all positions listed in the
shall not be effective until the Budget;
Budget/Services Revisions Form is
completely executed. ii.) personnel rules and procedures;
f. Taxes iii.) pension plan and any other employee
benefit plans or arrangements.
The charges payable to the Contractor under the Contract are
exclusive of federal,state,and local taxes,the County being b. The Contractor shall not be entitled to
a municipality exempt from payment of such taxes. reimbursement for costs under any pension or benefit plan
6•
Final Voucher the Comptroller deems commercially unreasonable.
The acceptance by the Contractor of payment of all billings C.
Notwithstanding anything in this paragraph 3 of
made on the final approved Suffolk County Payment this Article V,the County shall not be limited in requesting
Voucher shall operate as and shall be a release of the County such additional financial information it deems reasonable.
from all claims by the Contractor through the date of the
Voucher_ 4. Accounting Procedures
2. Subject to Appropriation of Funds a. The Contractor shall maintain accounts, books,
records, documents, other evidence, and accounting
a. The Contract is subject to the amount of funds procedures and practices which sufficiently- and properly
appropriated each fiscal year and any subsequent reflect all direct and indirect costs of any nature expended in
modifications thereof by the County- Legislature, and no the performance of the Contract, in accordance with
liability shall be incurred by the County beyond the amount generally accepted accounting principles and with rules,
of funds appropriated each fiscal year by the County regulations and financial directives,as may be promulgated
Legislature for the Services. by the Suffolk County Department of Audit and Control and
the Department. The Contractor shall permit inspection and
b. If the County fails to receive Federal or State funds audit of such accounts,books,records,documents and other
originally intended to pay for the Services,or to reimburse evidence by the Department and the Suffolk County
the County, in whole or in part for payments made for the Comptroller, or their representatives: as often as, in their
Services,the County shall have the sole and exclusive richt judgment,such inspection is deemed necessary. Such right
to: V of inspection and audit as set forth in subparagraph b.below
shall exist during the Term and for a period of seven(7)years
i.) determine how to pay for the Services; after expiration or termination of the Contract.
ii.) determine future payments to the b. The Contractor shall retain all accounts, books,
Contractor.and records, and other documents relevant to the Contract for
seven(7)years after final payment is made by the County.
iii.) determine what amounts, if any, are Fcdcral,State,and/or County auditors and any persons duly
reimbursable to the County by the authorized by the County shall have full access and the right
Contractor and the tenns and conditions to examine any of said materials during said period. Such
under which such reimbursement shall access is granted notwithstanding any exemption from
be paid. disclosure that may be claimed for those records which arc
subject to nondisclosure agreements, trade secrets and
C. The County may, during the Term, impose a commercial information or financial information that is
Budget 1)eficicncy Plan. In the event that a Budeet privileged or confidential.
Deficiency Plan is imposed, the County shall promptly
notify time Contractor in writing of the terms and conditions C. "Ihe Contractor shall utilize the accrual basis of
thereof, which shall be deemed incorporated in and made a accounting and will submit all financial reports and claims
part of the Contract, and the Contractor shall implement based on this method of accounting during the Term.
those terms and conditions in no less than fourteen(1.1)days.
5. Audit of Financial Statements
19 of 25 pages
ARTICLE V
' a a
Rei-. 11/14/2022; Law No. SC 23 000002839
Line Item/Omnibus Grant ARHI
a. All payments made under the Contract are subject date when the Auditor was selected to
to audit by the Comptroller pursuant to Article V of the conduct the audit.
Suffolk County Charter. The Contractor further agrees that
the Comptroller and the Department shall have access to and C. The audit must er conducted in accordance with
the right to examine,audit, excerpt; copy or transcribe any generally accepted governmental auditing standards.
pertinent transactions or other records relating to services Financial statements must clear]v differentiate between
under the Contract. If such an audit discloses overpayments County-funded programs and other programs that the
by the County to the Contractor,within thirty(30)days after Contractor may be operating. The use of subsidiary
the issuance of an official audit report by the Comptroller or schedules should be encouraged for this purpose. 'the
his duly designated representatives. the Contractor shall Auditor must also prepare a i4Eanagement Letter based on the
repay the amount of such overpayment by check to the order audit.
of the Suffolk County Comptroller or shall submit a d. "Subrecipients"—Federally Funded Programs
proposed plan of repayment to the Comptroller. If there is and Grants
no response,or if satisfactory repayments are not made,the
County may recoup overpayments from any amounts due-or i.) In tine event the Contractor is a
becomim,due to the Contractor from the County under the "Subrecipient"as that teat is defined in
Contractor otherwise. 2 CFR t 200.93 and the Contractor
b. The provisions of this paragraph shall survive the expends seven hundred fifty thousand
expiration or termination of the Contract for a period. of (S750,000.00)dollars or more of Federal
seven(7)years,and access to records shall be as set forth in moneys, whether as a recipient
paragraph 25 of Article III,and paragraph 1(b)of Article V. expending a+vards received 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
a. Nrot+withstanding any other reporting , or as Ne+v fork State andtor Suflolk
certification requirements of Federal, State, or local County, during any fiscal year within
authorities, the Contractor shall obtain the seRices of an which it receives funding under the
independent licensed public accountant or certified public Contract,the audit referred to under this
accountant (the"Auditor")to audit,its financial statements paragraph 6 must be conducted and any
for each Contractor's"fiscal year' in which the Contractor [lie audit report must be in accordance
has received, or will receive, three hundred thousand with ONIB Uniform Grant Guidance—2
(S300,000.00) dollars or more from the County, whether CFR Part 200("Single Audit Report'').
under the Contract or other agreements with the County,and Single Audit Reports must also be
shall submit a report to the County on the overall tihancial uploaded to the Federal Audit
condition and operations of the Contractor_ including a Clearinghouse,to the:extent required by
balance sheet and statement of income and expenses,attested the OMB Uniform Grant Guidance
by the Auditor as fairly and accurately reflecting the referral to above. in addition.the Single
accounting records of the Contractor in accordance with Audit Report, respective financial
generally accepted accounting principle's. 'Re audited statements and any Management Letters
financial statements including. respective Management must be submitted to the Department set
Leiters must be emailed to the Executive Director of lorth on page one of this Contract and
Auditing- Services at Auditsa,suffolkcountvnv.gov within emailed to the Executive Director of
thirty(3 Q)days after completion of the audit,but in no event Auditing Services at
later than nine(9)niontlts after the end of the Contractor's subrecinientmonitoringQsuffolkcoun
fiscal year, to which the audit relates. the Contractor may typy.gov within thirty. (30) days after
solicit requests for proposals from a number of qualified completion of the audit,but in no event
accounting firms and revic+y carefully the costs of. and later than nine(9) months after the end
qualifications for, this type of work before selecting the ol'the Contractor's fiscal year,to which
Auditor. the audit relates.
b. 7hc Auditor should be required to meet the ii.) In the event the Contractor is a
following minimum requirements: "Subrecipient"as that term is defined in
2 CFR e 200.93 and the Contractor
i.) a current license issued by the Neav York expends less than seinen hundred fifty
State Education Department: thousand (5750,000.00) dollars of
Federal moneys, whether as a recipient
ii.) sufficient auditing.experience in the not- expending awards received directly from
for pro{it, ��overnmental or profit- Federal awarding agencies or as a
making areas.as applicable;and Contractor expending Federal awards
iii.) a satisfactory peer review-issued within received from a pass-through entity such
not more that three(3)years prior to the as New York State and!or SunOlk
20 of 25 pages
ARTICLE V
Re-*-. 11/14/2022; Law No. SC 23 000002839
Line Item/Omnibus Grant ARM
County, during any fiscal year the in the Budget.
Contractor must email a certified
Exemption Letter, the Conn of which b. Purchase Practices/Proprietary Interest of
shall be provided by the Department,on County
the Contractor's Letterhead and a
Schedule of Federal funds Expended to i.) The Contractor shall follow the general
the respective Count-,- Department and practices that are desicned to obtain
the Executive Director of Auditing furniture, fixtures, equipment,
Services at materials, or supplies at the most
subrecipientmonitoring&uffolkeounty reasonable price or cost possible.
nv, ov within thirty(30)days of tate end
of the Contractor's fiscal year. The ii.) The County reserves the right to
Schedule of Federal Funds Expended purchase or obtain furniture, fixtures,
must include all Federal funding equipment,materials,or supplies for the
received directiv from the Federal Contractor in accordance with the
government and all Federal funds passed programmatic needs of the Contract. If
through front the County and other pass- the County exercises this right, the
through entities. amount budected for the items so
purchased or obtained by the County for
iii.) Subrecipients may include, but not the Contractor shall not be available to
neeessarily be limited to, not-fir-profit the Contractor for any purpose
organizations;units of state government whatsoever. Title to any such items
or a unit of local governments. purchased or otherwise obtained by the
County for the programs encompassed
e. Copies of any other audit reports including by the Contract and entrusted to the
oversight agency audits must be submitted to the Department Contractor,shall remain in the County.
set Barth on page one of this Contract and emailed to the iii.) The County shall retain a proprietary
Executive Director of auditing Services at interest in a!! furniture, removable
Audits@suffolkeountvnv.sov within thirty (30) days after fixtures, equipment, materials, and
completion of the audit(s). supplies purchased or obtained by the
C The requirements set forth in this paragraph 6 shall Contractor and paid for or reimbursed to
not preclude the authorized representatives of tate Count`, the Contractor pursuant to the terms of
the Comptroller,or Federal or State entities from conducting the Contract or any prior agreement
any other duly authorized audit(s)of records,and Financial between the parties.
statements of the Contractor. The Contractor shall make iv.) The Contractor shall attach labels
such records and financial statements available to authorized
representatives of Federal,State and County government for indicating the County's proprietar
that purpose. interest or title in all such property.
g. The provisions of this paragraph 6 shrill survive
the expiration or termination of the Contract
C. County s Right to Take Title and Possession
Upon the termination or expiration of the Contract or any
7. Furniture,Fixtures,Equipment,Materials,Supplies renewal thereof, the discontinuance of the business of the
Contractor,the failure of the Contractor to comply with the
a. Purchases, Rentals or Leases Requiring Prior terns of the Contract,the bankruptcy of the Contractor,an
Approval assignment for the benefit of its creditors,or the failure of
the Contractor to satisfy any judgment against it within thirty
Prior to placing any order to purchase, rent or lease any (30)days of filing of the judgment,the County shall have the
furniture, Fixtures, or equipment valued in excess of one richt to take title to and possession of all furniture,
thousand doilars (51,000.00) per unit for which the removable fixtures, equipment, materials,and supplies and
Contractor will seek-reimbursement from the County, the the sameshall thereupon become the property of the County
Contractor shall submit to the County a written request for tsithout an})claim for reimbursement .on the part of the
approval to make such a proposed purchase,rental or lease, Contractor.
with a list showing the quantity and description of each item,
its intended location and use,estimated unit price or cost,turd d. Inventory Records,Controls and Reports
estimated total cost of the proposed order. Written approval
of the County shall be required before llte Contractor may The Contractor shall maintain proper and accurate inventory
proceed with such proposed purchase, rental or Kase of records and controls for all such furniture, removable
furniture,fixtures or equipment. All items purchased must fixtures and equipment acquired pursuant to the Contract and
be new or like new• unless specifically described otherwise all prior agreements between the parties, if any. Three(3)
21 of 23 pages
ARTICLE V
�I A
Rev. 11/14/2022; Lary No. SC 23 000002339
Line Item/Omnibus Grant ARH1
months before the expiration date of the Contract, the agreement,to the County for approval.
Contractor shall make a physical count of all items of
furniture;removable fixtures and equipment in its custody; 9. Statement of Other Contracts
checking each item against the aforesaid inventory records.
A report setting forth the results of such physical count shall Prior to the execution of the Contract, the Contractor shall
be prepared by the Contractor on a form or forms designated submit a Statement of Other Contracts to the County. If the
by the County,certified and signed by an authorized official Contract is amended during the Term, or if the County
of the Contractor,and one(1)copy thereof shall be delivered exercises its option riohL the Contractor shall submit a then
to the County within five(5)days after the date set for the current Statement of Other Contracts.
aforesaid physical count. Within five (5) days after the
termination or expiration date of the Contract,the Contractor 10. Miscellaneous Fiscal Terms and Conditions
shall submit to the County sir(6)copies of the same report
updated to such date of the Contract,certified and signed by
an authorized official of the Contractor,based on a physical a• Limit of County's
count of all items of furniture, removable fixtures and Obligations
equipment on the aforesaid expiration date,and revised,if
necessary,to include any inventory changes during the last The maximum amount to be paid by the County is set forth
three(3)months of the Term. on the first page of the Contract.
e. Protection of Property in Contractor's Custody b. Duplicate Payment from Other Sources
The Contractor shall maintain vigilance and take all Payment by the County for the Services shall not duplicate
reasonable precautions to protect the furniture, fixtures; payment received by the Contractor from any other source.
equipment, material or supplies in its custody against C. Funding Identification
damage or loss by fire, burglary, theft, disappearance,
vandalism or misuse. In the event of burglary, thetl;
vandalism, or disappearance of any item of furniture, llre Contractor shall promptly submit to the County upon
fixtures, equipment, material or supplies, the Contractor request,a schedule for all programs funded by the County,
shall immediately notify the police and make a record itemizing for each such program the sums received, their
thereof,including a record of the results of any investigation source and the total program budget.
which may be made thereon. In the event of loss of or
damage to any item of furniture, fixtures, equipment, d. Outside Funding for Non-County Funded
materials,or supplies from any cause, the Contractor shall Activities
immediately send the County a detailed written report
thereon. Notwithstanding the foregoing provisions of the Contract,it
is the intent of the County that the terms and conditions of
f. Disposition of Property in Contractor's the Contract shall not limit the Contractor from applying for
Custody and accepting outside grant a%%ards or from providing
additional educational activities/scrvices which may result in
Upon termination of the County's funding of any of the the Contractor incurring additional costs, as long as the
Services covered by the Contract:or at any other time that folloMng conditions are met:
the County may direct, the Contractor shall make access i.) the County is not the Fund Source for
available and render all necessary assistance for physical
removal by the County or its designee of any or all furniture, the additional services;
removable fixtures,equipment, materials or supplies in the ii.) Sufficient funding is available for or can
Contractor's custody in which the County has a proprietary be generated by the Contractor to cover
interest,in the same condition as such property was received the cost incurred by the Contractor to
by the Contractor,reasonable%year and tear excepted. Any provide these additional services;and
disposition,settlements or adjustments connected with such
property shall be in accordance with the rules and regulations iii.) If sufficient funding is not available or
of the Count~•and the State of New York. V cannot be generated, the County shall
not be held liable for any of the
8. Lease or Rental Agreements additional costs incurred by the
Contractor in fumishing such additional
If lease payments or rental costs are included in the Budget services.
as an item of expense reimbursable by the County, the iv.) Prior to scheduling an such additional
Contractor shall promptly submit to the County; upon services on County-owned property,the
request, any lease or rental agreement. If during the'Perm. Contractor shall obtain %%ritten County
the Contractor shall enter into a lease or rental agreement,or approval. The Contractor shall, to the
shall renew a lease or rental agreement,the Contractor shall;
County's satisfaction, submit any
prior to the execution thereof. submit Such lease or rental documentation requested by the
22 of 25 pages
ARTICLE V
Rev. 11114/2022; Law No. SC 23 000002839
Line Item/Omnibus Grant ARH1
Department reflecting the change, and i. Payment of Claims
identify the additional services to be
provided and the source of funding that Upon receipt of a Suffolk County Payment Voucher, the
shall be utilized to cover the County,at its discretion,may pay the Contractor during the
expenditures incurred by the Contractor "term,in advance,an amount not to exceed one sixth(1/6)of
in undertaking the additional services. the maximum amount to be paid by the County set forth on
the first page of the Contract.
e. Potential Revenue
j. Payments Limited to Actual Net Expenditures
The Contractor shall actively seek and take reasonable steps
to secure all potential funding from grants and contracts with The Contractor agrees that if,for any reason whatsoever,the
other agencies for programs funded by the County, Contractor shall spend during the Term for the purposes set
forth in the Contract an amount less than,or receive amounts
f. Payments Contingent upon State/Federal more than; provided in the Budget, the total cost of the
Funding Contract shall be reduced to the net amount of actual
Contractor expenditures made for such purposes. The total
Payments under the Contract may be subject to and amount to be paid by the County shall not exceed the lesser
contingent upon continued funding by State and/or Federal of(i) actual net expenditures or(ii) the total cost of the
agencies. In the event payments are subject to such funding Contract on the cover page and in the 13udgct. Upon
no payment shall be made until the Contractor submits termination or expiration of the Contract,if the Contractor's
documentation in the manner and form as shall be required total amount of allowable expenses is less than the total
by State and/or Federal agency. If late submission of claims amount of the payments made during the Term, the
precludes the County from claiming State or Federal Contractor shall prepare a check payable to the Suffolk
reimbursement,such late claims by the Contractor shall not County Comptroller for the difference between the two
be paid by the County subject to subparagraph g.below,if, amounts and submit such payment to the County,along with
for any reason,the full amount ofsuch funding is not made the final Suffolk County Payment Voucher.
available to the County, the Contract may be terminated in
whole or in part, or the amount payable to the Contractor k. Travel, Conference, and Meeting Attendance:
may be reduced at the discretion of the County,provided that SOP A-07 Amendment I
any such termination or reduction shall not apply to
allowable costs incurred by the Contractor prior to such Reimbursement to the Contractor for travel costs shall not
termination or reduction,and provided that money has been exceed amounts allowed to County employees. All
appropriated for payment of such costs. conferences that are partially or fully funded by the County
that the Contractor's staff wishes to attend must be pre-
p. Denial of Aid approved, in writing, by the County and must be in
compliance with Suffolk County Standard Operating
If a State or Federal government agency is finding the Procedure A-07 which may be viewed online at the County's
Contract and fails to approve aid in reimbursement to the website. Suf£olkCountyny.gov; go to "Government,' then
County for payments made hereunder by the County to the "Comptroller."then"Consultant's Agreements."
Contractor for expenditures made during the"I-erm because
of any act, omission or negligence on the part of the t. Salaries
Contractor,then the County may deduct and withhold from
any payment due to the Contractor an amount equal to the The Contractor shall not be eligible to receive any salary
reimbursement denied by the state or federal government reimbursement until proof of deposit or payment of all
agency,and the County's obligation to the Contractor shall withholding and payroll tapes to the Federal/State
be reduced by any such amounts. In such an event.if there governments has been provided to the County.
should be a balance due to the County after it has made a
final payment to the Contractor under the Contract, on m. Salary Increases
demand by the County, the Contractor shall reimburse the
County for the amount of the balance due the County, No salary,wage,or other compensation for the Services shall
payable to the Sul olk County Comptroller.The provisions be increased over the amount stated in the Budget without
of this subparagraph shall survive the expiration or the prior written approval of the County.
termination of the Contract.
n. Contractor Vacancies
h. Budget
The Count.- shall have the right of prior approval of the
The Contractor expressly represents and agrees that the Contractor's filling of any vacant position as of the date of
Budget lists all revenue.expenditures, personnel,personnel execution of the Contract or as may thereafter become
costs andlor all other relevant costs necessary to provide the vacant_ and, in the exercise of that right_ The County may
Services. 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.
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ARTICLE V
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however,that subject to the availability orfunding,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 Consultant's Agreements" as
promulgated by the Department of Audit and Control of
Suffolk County and any amendments thereto during the
Term of the Contract_ The "Comptroller's Rules and
Regulations for Consultant's Agreements"and"SOP A-07
Amendment 1" may be viewed online at the County's
%acbsite, SuffolkCountyny.gov; go to "Government;" then
"Comptroller,"then"Consultant's Agreements."
End of Text for Article V
24 of 25 pages
ARTICLE V
Rev. 11/14/2022; Law No. SC 23 000002839
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Article VI
Budget
25 of 25 pages
ARTICLE VI
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
PROGRAM BUDGET
2023
ARH1
AG1:.NCY/MUNICIPALrrY: Town of Southold FUNDTYPE
PROGRAM TITLE:
PERSONALSERVICFS:
POSmONTrmE RATE OF BASIS TOTAL AMOUNT(1) TOTAL OCP$FUNDS REQUESTED
PAY (KW,BW,SN) FOR THIS PROGRAM
TOTAL SALARIES AND WAGES$0.00
TOTAL FRINGE BENEFITS
TOTAL PERSONAL SERVICES $0.00
CONTRACTED SERVICES AND STIPENDS
TYPE OF SERVICE OR CONSULTANT TITLE RATE OF BASIS TOTAL AMOUNT(1)
PAY (H W,BW,SM)
Family Service League $800.00 W $8,911.00
TOTAL CONTRACTED SERVICES Iss,91I.00 $
TOTAL MAINTENANCE&OPERATION is
FACILITY REPAIRS
PROGRAM SITE ADDRESS
.M�Y+S-'r%��
TOTAL FACILITY REPAIRS(4) is
J
TOTAL OCFS PROGRAM AMOUNT$8,911.(10
TOTAL OCFS FUNDS REQUESTED
LIST OF OTHER FUNDING SOURCES REIMBURSABLE TOTAL
MUNICIPAL FUNDING
OTHERSOURCES