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HomeMy WebLinkAboutNYS Dept of Mental Retard.LONG ISLAND DEVELOPMENTAL DISABILITIES SERVICE OFFICE THOMAS A. MAUL MARVIN L. COLSON Ms. Jean W. Cochran Supervisor Town of Southold 53095 Main Road PO Box 1179 Southold, New York 11971 Dear Ms. Cochran: June 26, 2000 Enclosed please find the Town of Southold's recently approved 100% Day Training Contract, CO17863. The contract period is January I, 2000 through December 31,2000. I have also include two vouchers and a CQR report for be copied and submitted for future payments on this contract. If you have any questions, please do not hesitate to contact my office at (631) 493- 1776. Very truly yours, Deborah Hammargren Coordinator of Fiscal Services /Ip enclosures ng Island Developmental Disabilities Service Office 45 Mall Drive, Suite 1 Commack, NY 11725-5700 (516) 493.1700 ] Community Services Office 415-A Oser Avenue Hauppauge, New York 11787 (516) 434-6000 ~C ~?t (~ev. ~o~) STATE %¥' STATE AiD VOUiCHER NEW YORK 1._I Originating Age~ Orig, A[[e~fiL~ ;(~6 !nteres~ Eligible (Y/N) Payment Date (~) ~) (~ ~ OS~ O~ L~bili~ Date (MM) (DD) (~) ~Pay~ Name (Umit te 30 s~a~s~ IR~ Cdde IRS Amount Add~ (Lfm~ tO 30Spaces~ R~II~. Date ~ Date Ch~k ~ Des~ipti~ of Charg~ Amount Paid Voucher NO. (fl Pemonal ~i~, show name, t~e, ~r ~ covered) Dollars Ce~ State A~ FOR STATE AGENCY USE ONLY STATE COMPTROLLER'S PRE-AUDIT Expenditure Liquidation Cost Center Code Accum Object Amount Orig. Agency PO/Contract Line F/P Dept. Cost Center Unit Var Yr Dept. Statewide ffice of Me. nml Retardation ~: Dcv~to~mcnmI .~. Ho~zad Avenue Alb~ny, iNaw York 12229-0001 'AGENCY CODE: 51000 CONTRACT C017863 ~me m~ Addr~s): Town of Southold 53095 Main Road, PO Box 1179 S~uthold, NY i1971 TYPE OF PROGRAlV[(S%: 100% DAY TRAINING CM:~ ~Ad~/'EHS REGISTRATION NUMBER': FEDERAL TAX IDENTIfY!CATION NLrt~EK:. SOCIAL SECURITY # (D~DIVIDUAL ONLY~:. :xf~,,-N-[CIPALITY CODE NO.: (if applicable) 4703 7900 0000 INITIAL CONTRACT PERIOD: FI{0M: 01/01/00 2%-IKO UGPI: ~-UNDtNG A.MOUNT FOR ItxSTIAL PERIOD: $8,112 STATUS: CON/RAdTOR IS( ) IS NOT (D !NDIVIDUALfFA/W~,Y CON/RACTOIt iS .( ) IS NOT (~ A · SECTA_tUaKI'I E~ MULTI-YEAR TERM... (if appliczble) FI{0M: 01/01/00 TI-il{OUGH: 12/31/04 CON%-RACTOR IS (X) IS NOT ( ) A. NOT-FOR-PROFiT ORGANIZATION' The following Appeactice~ ~e p~-z of ~e attached AGI~E'F'TiVfENT: Develoomenml Disabilities Service Office CNa.me and Address'l: LONG ISLAND DDSO 45 Mall Drive Commack, NY 11725 TOWN OF SOUTHOLD ~ - S~_gnatu. re ~ ' Jean W. Cochran P--intad Title: . .Supervisor 3/15/00 .STATE AGENCY: O.~-.P,.D.D. By: _ David P. Tupaj Printed ~!e. , Business Officer State .. ~nc Ce_tification: L~ ad{it!ch to the acc~pcance of this ccn=rac~, i also cer=!fy ~ha= orlcina! copies of ~his si~?.a~ur~ page. will be i~iViDUAL ~O~ CO~PO~TE ~.C~O~EDG~: (Se!et: STATE OF NEW YORK: ) ) SS.:- CO%~Y OF Suffolk ) o~ chis ~y o~ , 19 , ~afor~ ~p~or~e Ac~_ow!e~c~nt: Sout~old, N.Y. , :ha:~/~e is :he ,Supervmsor o~ h~.a= nama ~hera6o by or,er o~ ~a boar~ of ~rec:ors of said STATE OF .h'~W '-fORK AGRE EP?.2~i' This ASP~L~'~=h? is hereby m~da by and between the State cf New York Office of Men:al Retardation and Developmental Disabi!it!es {STATE cr O.-=3vDD} and the p'&b!ic or private a~ency (COh~--'P~CTOR) identified cn the face page hereof. W i 7~JE S S E~%-.': ~5~. -R.F, AS, the STATE has ~ha authority to regulate 'and provide ~o, the esuab!ishment and ooeration of.Drocram se,-vices and desir=s to contract %'i=h skilled Dar%les possesslng the necessary resources to provide such se~fices; and Ri-.'EP--:3, the CO~P~CTOR is ready, willing and able to provide such prggram se~cices and pessesses or can r~ke available al! neses- sa~,' qza!ified personnel, licenses, facilities ~nd expeTcise ~o perform, cr have perfo.-lJ, ed the se~,'ices ra~zired pursuant to the cf ~kis NOW, ~&EFSFO?~, in consideration of ~he promises, respcnsibi!- i~ies and covenants herein the STATE and the COI,-i?J=CTOR a~ree as fo!!cws: A. This AGREE~ rmy consist of successive periods (PERiCD), as specified within the AGFSE~ or within a subse~gent Mcgi- float!ch Agreement(s) {Appendix X). Each additional or super- seding PERIOD shall be on the fo.~r.s specified by the O}PDD and shall be incorporated into this B. ~ndin~ for the first PERIOD shall not exceed the f~tding a~c'~nt specified on the-face pa~e hereof. :'~u-nding for each subse~gent PERIOD, if ~ny, shall not exceed the amo'~nt speci- fied in the appropriate appendix for that PERIOD. C, This AGP~E~ inco---pcrates the face pages attached and all cf t~ .... m~rked appendices identified cn the =a~e~ page hereof. D, For each succeeding PERIOD of this AGP~E~, the par%les .shall prepare new appendices, to the.extent that ~ny require ~odification, and a Modificatio~ A~reement (attached Appendix X). ~_ny ter~.~ of this AGP~EF~---h~ not modified shall remain in effect for each PERIOD of the AGR.E~----h'~. To modify the AGP~E'U=---A~ within ~n existing PERIOD, {he parties shall revise or co,,-p!ete ~ha appropriate appendix fo-~-r~(s). chan~e in the amoun~ of consideration to be paid, or change in "~= term, is subject to the approval of the = ~ .... O,f.ce of =ha State cc~trO!!er. ~y other m~fications shall ~ processed in accordance with agan~ ~idel~es as stated in the other E. The CO!,'TP&CTOR shall perfo.--m, all ser<-ices to the setisfac- ''-~ of the STATE-. The COR~-~P~CTOR shall provide se_--vices meet the prc~ra~ cbjecti-,'as su~.-~-.~rized~ in the ap,L~endices tacked hereto in accordance with: provislcns cf tk~ AGRE~, re!even: laws, ~c!es and ra~u!aticns, a~minis~ra:iv~ and fiscal ~ide!ines and, where applicable, operating c~rtifi:a~ f~r faci!i~ias or !icanses for activities or prc~rans. F, if tee COh'i?~CTO?~ enters into subcontracts for the perforo r~nce of work pursuant to this AG.R~E~,, the COb-iT.~CR shall take full respc~sibi!i~y f~r 'the acts an~ oaissions of its sub- cf the $~- uLd-_ th_s A~. Eoc ..... acius! and o ..... paros cf L_ Pt_ ,,--.._..- amd .... c ..... c A. The' C~.,~.~.O.,,~'-,--='~' ~ ~o .be eligible .~~=~- pa':~.enn ...... s~ submit to ~.~e STATE's ces!cr,,a~ec pa.vm,,enu office any appropriate documen- ua~zcn, as ...... ed by ~he provisions, stated ~n ~n~ ap~=~c~s~ ~a_c ...... s, a mar-~,er attached hereto and by agency fiscal '~ '=~; .... acceptable to %he STA~. accordance w_,h =he provisions sca=ed in the appendices at- tached hereto. The STATEs..-,.~ pay t~..~ COR~--7,~CTOZ, ~n consid- eration of contract sea;ices for a civet PEKiOD, a sum not to exceed the amo~ noted cn the face page hereof or in the ~r ..... x X decimating th~ pa?~.ent amc,'--",t for =hat given PERIOD. This s'=~s,.a__% ~ not dun!icate, reir~ursement from other sources for COh,,'i?~CT~R costs ~nd ser~'ices provided pursu- C. The COh,,~i?~ACTOR shall-__-~=== :he audi= re~alreman~s specified by the STATE-. A, This AGR~E~--\~ m~y be teI-~-iDated at ~ny ~ima upon mutual %~itten consent of the STAT~- ~nd the CO~. CTOR. B. The STATE- may terminate the AG.R~=-'b~-NT i~ediata!y, upon %Titten notice of termination ~o the COh-i-P~CTO~, if the CON~ %/7~CTOR fails =o comply with the term~ and conditions of ~his AGPSE..~r-~N~a~.d/or with'any laws, rules, regulations, policies or procedures affecting this AGR_EE¥/E~T. C. The STATE- may also te!~uinate this AGP-E~ for ~ny reason in accordance with provisions sat forth in the appendices =ached hereto. D. Wrktten notice of termination~ where re.=uired, shall be sent by personal messenger service or by certified m~i!, re~vL.-n. receipt recuested.. The ter-~ination.sha!! h~_ e~~e-,-ve~: ~-~ in ~c .... ~c- wi~h the te,~ of the notice. - 3 E. Upon receipt of no,ice of ~er~..ina~ion, the C0~.~ACTOR shall cancel, prior to the effective date of any prospective termina- tion, as m~ny outstanding obligations as possible, and shell not incur any new obligations after receipt of the notice without approval by the STATE. v The STATE shall be responsible for pa~,ents on claims for ~_~-vices provided and costs incurred pursuant to tetras of the AG.RE~%~. In no e~ent shall ~he STATE be liable for expenses ~nd ob!i~ations arising from the program ~s) in r-his A~RE~--MEh~ af~ar the term. inet!on date. iv. !nder.nif~catioD A. The CO~P3~CTOR shall be solely responsible and answerable in dare,es for any and all accidents and/or injuries to persons (including death) or prcper~y arising out of or related to the' se.~-~ices ~o be rendered by the CON~-i?3.CYOR or its s,,--bcontrac%ors pursuant to ~his AGP~EME~. The C0~.?.ACTOR shall indemnify and hold D~rm.!ess the STATE and its officers and er, p!oyees from c!a~m~, suits, actions, damages and costs of eve.~y nauure aris- in~ out of the provision of services pursuant to this AGP~E- B. The CO.N~-rP.~CTOR is an independent contractor and m~y neither hold it~e!f out nor claim to be ~u officer, employee or subdi- vision c~ the STATE. nor make ~ny claim, dem. and or application to or for any right based upon ~ny different status. ~ro~erty A-ny e~dipment, furniture, supplies or other property purchased pursuant to this AG-REE~V--~N~ is deemed to be the properey of the STATE- except as m~y otherwise be ~overned by Federal or State laws, rules or re~lanions, or as stated in the ~ppendices at- tached hereto. VI. Eafecumrds for Se_'-vfces and Confidentiality A. Se.~-vices parfo.~aed pursuant to this AG.REEM~'h--f are secular in nature and shall be performed in a manner that does'not discriminate on the basis of religious belief or promote or discourage adherence to religion in general or particular religious beliefs. B. Pu.nds'provided pursuant to this AGREE.~-%'~ shall ~ot be used for any partisan political activity or for activities ~hat may influence legislation or the election or defeat of any candi- date for public office. C. Information relating to individuals %-ho~ay receive ser- vices pursuant to this AG.RE~ shall be maintained ~nd used only for the purposes intended,under the Contract and in con- fo.'-mity with applicable provisions of laws and regulations or specified in the appendices attached hereto. APPENDIX A STAzNDARD CLAUSES FOR ALL NEW YORK STATE CONTP~ACTS The p~ties to the attached contract, Iicens&, lease, mnendment or other agreement of tony kind (hereinafter; "the con~ract'~ or. "this contract") agree to be bound by the followhng clauses which zr~ hereby made a part of the contr~t (the word "Contractor" herein refers to any par~~ other than the State= whether a contractor, Hcenser, licensee, lessor, lessee or zhy other p~'): .3. EXECUTORY CLAUSE. In accordmnce xxSuh Section 41 of the State Finance Law, the S~a.~ s~all ha 'e no Iiabili~' under this contract to the Contractor or to anyone else beyond fronds appropriated and avallabte for t'.~s contract. NON-ASSYGNMENT CLAUSE. In accordance x~Sth Section 138 of the State Finmnce Law, this contract may not be assigned by the Contractor or its right, title or imerest therein assignedl transferred, conveyed, sublet or otherwise disposed of without the previous ~onsent, in x~iting, of the State rand any attempts to assign the comraat without the State's x~itten consent are null and void. The Contractor ma5', however, assign, ks right to'receive payment x~ithout the State's prior written consent unless this contract concerns Certificates of Participation p ,----ursu,~nt to Article 5-A of the State Finmnce Law. COMPTROLLER'S APPROVAL. In accord~ce xxS~ Section 112 of/he State Finance Law (or, if tbSs contract is x~4th the State Universi~- or City UniversiW of New York, Section _355 or Section 6218 of the Education Law), if this comract exceeds $10,000 (or the mirdmum thresholds agreed m by the Office of the State Comptroller for certain S.U.N.Y and C.U.N.Y. contracts), or if this is an ~,mendment for any mount to a contrac~ which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something Other than money when the value or reasonably estimated value of'such Consideration exceeds SI0,000, it shall not be valid, effective or binding upon the State until k has been approved by the State Cpmptroller and filed in his office. WORK~RS' CO~MPENSATION BENEFITS. In accordance x~Sth Section I42 of the State - Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of th~s contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. NON-DISCRIMINATION REQLTtREI~ENTS. In accordance ~th Article 15 of the Executive Law (also 'knoxnx as the Human Rights Law) and all other Stare and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for emplosxnent because of race, creed, color, sec, national origin, age, disability or marital stares. Furthermore, in accordance x~Sth Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufaco~re: s~Je or distribution of materials, equJpmem or supplles, ~d ~o the ex~nt that ~s contrac~ shall be p~rfo~d ~d~n ~e Sta~ of New York, Con.actor agrees that neither k nor i~s subcon~ac~ors shall, by reason of race, creed, color, d/sabiHv, sex, or national orig.: (a) discriminate in ~fing against ~y New York State ck~zcn who is qualificd ~d available to perfo~ ~¢ work; or (b)discffminate a~al~t or intimidate ~y employee ~rcd for ~e perforate of~rk ~der ~s con~aat. IfPs ~s~a building se~'i~ con, act ~ d~ned in S¢¢¢i0n 230 ~f~h¢ Labor Law. ~¢n. in acc~rd~ce xxith Section 239 ~¢~ofi Con,actor agza~ that n¢~¢r it no; its subcon~acmrs shall by reason ef rac~. creld, colo~, nat~onaI origin, age. ~ ?~ d~biI~': (i) di~rim[mat¢ in ~ring againxt ~y Near Yo:k S. mt¢ 'ckizCn ¢~fio ~ qualifia&~d' a¢-a~lzbl~ ~o p~r~o~ ~¢ work; or~(b)~ di~cfim[~mt¢ ~ain~ or infim~ any employ¢~ hir¢i fo~ ~¢ p~:fo~mace of work ~d~r ~his con~act. Con,acm: is subject ~o fi~s of S50.00 per person per.day for ~y ¢~olation of Section 220-¢ oz Se¢fiom 239 as well as possible t~i~fion offs ¢onCact'~d fo~i~¢ of al:l moneys duC h~r~dCr fo: a second or subsequent vioh~on. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article~ 8 of the Labor Law or a building service con~racr covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted ro v~'ork more than the number of hours stated in. said s[atutes, except as othccrx~hse provided in the Labor Law and as set forth in prevaJling wage and supplement schedules issued by the State Labor Depm-~rnem. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pa~' or provide the prevailing supplc~/nents, including the premium rates fo~ overtime pay, as determined by the State Labor Department in accordance with the Labor Law. NON-COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 139-d of the State Finance Law, if tlfis contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was m-rived at independently and x~hthout collusion aimed at restricting competkiom Contractor further warranfs'that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certificate on Contractor's behalf. .INrrERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-fofthe Labor Law and Section 139~h of the State Finance Law, if this contract exceeds S5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, finn, partnership or corporation has participated, is .participating, or shall participate in an international boycott in violation of the Federal Export Admirdstratmn Act of 1979 (50 USC App. 8ectmns 2401 et seq.) or re~.m~ations thereunder. If such Contrkctor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found 'to have xhoIated said laxx~s or regulations upon the final determination of the United States Cormmerce Department or any other appropriate ager~cy of the United States mibsequent to the contractors execution, such contract, amendment or modification thereto shall be rendered forfek and void. The 10. 11. Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCP,_P. 105.4). SET-OFF RIGHTS. The State shall have all of im common la, x; equitable and statutoo' rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the pm-poses of set-off any moneys due to the Contractor under this contract up to any amounts doe and oxxing to the State -Mth regard to this contract, an}' other contrac~ with any State department or agency, inctt~di~g an5' contra'ors for a term com=mencing prior to the term of tiffs contract, plus any amounts due and owing to the Stole for any other reason including, without limkation, r~x delinquenci~, fee d~b..qu~n~s or mon~O pens}ties relati~'e thereto. The St~re shall exercise its set-off rights in accordance with normal State practices kncl~zdi2=% in cases of set-off pursu~.t ~> mn audit, the 5malization'of such audit by the State agency, its,.representmives, or the State Com~rolIer. RECORDS. The Contractor shall establish and maintain complete ~nd acc,~ate books, records, docurzents, accounts and other evidence directly pe~nent to performance under this contract (hereinafter, collectively, "The Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additiorml years thereafter. The State Comptrolier, the Attorney General mud any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, s. hall'have access to the Records during hormaI business hours at an office of the Contractor x~dthin the State of New'York or, if no such office is available, at a mutually agreeable and reasonable venue withi~ the State, for the term specified above for the purq~oses of inspection, auditing and copying.. The State shall take reasonable steps to protect from public disclosure any oftheRecords which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute'~) provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiemly identified; and (iii) designatipn of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the. State's right to discover)' in *an5' p~nding or future ]~[tigation. IDENTIFYING INFORz\4_ATION AlxqD PRIVACY NOTIFICATION. FEDERAL E5~LOYER IDENTIFICATION NU5~BER andlor FEDERAL SOCIAL SECURiTY iNrUMBER. Ail invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number of Federal social security number, or both such numbers when the payee' has both such numbers. Failure to include tl-ds number or numbers ma5' delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons wlny the. payee does not have such number or numbers. b. PRIVACY NOTIFICATION. The authority to request the above personal information from a seller of goods or services or a lessor of real property, and the authorky to malntaln such fnformatinn, is found in Section 5 of the State Tax Law, D[sclosure of this informatip..n by the seller or lessor to the State is mandatory. The principal pm-pose for w~ch the information is collected is to enable the Stae to identify indk'iduals, businesses and others who haw been dellnqueat in filing tax reams or ma}' have understated thor tax liabilities and to generally identif)' persons affected by tt}e taxes administered by the Com~,-dssioner of Taxation and Finance. The informaion wiBbe used for tax administration purpose and for an5-' other purpose authorized by law. fi. The personal information is requested by the purchasing malt of the agenty contracting:~o purchase the goods or se,wices or lease '~the real or personal proper9'" covered by this con~act or lease. The information is maintained in New York State's Central Accounting System by the Director of ~tae Accounts, Office of the State Comptroller, AESOB, Albany, :~ew York 12236. EQUAL EMPLO5%i'ENT OPPORTUNITIES FOP, MINORITIES AND WO.M-i~N. In' accordance x~Sth Section 312 of the ExecutR,e Law, if tiffs contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of S25,000.00, whereby a contracting agency is committed to expend or does not expend funds in return for labor, services, supplies, equipmem, materials or an5' combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a xxritten a~eement in excess of $100,000.00 whereby a contraoting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real i~'~operty and improvemenls thereon; or (iii) a ~ritten agreement in excess of $100,000.00 whereby the owner ora State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor wl}t not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and x~511 undertake or continue existing .programs of affirmative actiun to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirraative action shall mean recmkment, employment, j ob assignment, promotion, upgrading, demo~tior~, transfer, layoff, or-termination and rates of pay or other forms of compensation; (b) at tlm request of the contracting agency, the Contractor shall request each employment agent', labor union, or authorized representative of workers x~Sth which ii has a collectire bargaining 13. 14. 15. 16. t7. 5 or other agreement or understanding, to furnish a ~wkten statement that such employment agency, labor union or representative ~ill not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such ,union or representatR'e xvill affirmatively cooperate in the implementation of the Contractor's obligations kerein; and (c) the Contractor shall state, in all solicitations or adveztisernents for ernplo~ees, that, in the performance of the State contract, all qualified applicants will be afforded equel'employment opportunitiesx~bthout discrkninaiionbecause of race, greed, col.or, national orig~n, sex, age, disabili~ or rnaritaI status. Contractor x~{ll include the pro~smns of a, b, - and c above in exer) subcontract o,~er Sz~,00~.00. for the const,mct~on, derno~ion: replacement, major r~palr, renovation, planning or design of real property and improvements thereon ("the Work") except where the \Vork is for beneficial use of~e Contractor, SectionS12 does not apply to> (i) work, goods or services u_~eleted to this contract; or (ii) employment oursid~ New york State; or (iii) b ,yzx~dng sen'ices, insurance policies or the sale of securities. The State s~tmlt consider complimace by a commetor or s~lbeontractor ~bth the requirements of any Tederat law co~erning equal employmern opp,rmni9- which effecmaes the purpose of this section. The con',tooling agency ~h~! detern3ine whether the imposition of the re~auirements of the pro.xisi~ns kereof duplicate er conflict ~4th, ar~y such federal taw and if such duplication or comqict exists, the c~ntracting agency s?i~tI waive the applicability 'of Saclion 312 to the exlent of such duplication or conflicL Contractor xxill' comply with all duly p~ omulgated and~ la~vfnI rules and regulatmas of the D~x ~aon of Mrnon9 and 'fx omen s BusL'xeis De~mlopment pertaining hereto. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (incluSing an), and all anachrnenis thereto and amendments thereof) and the terms of this Ap?endix A, the rerm~ of th/s Appendix A shall control GOVBP~NING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires othenxbse. LATB PAYMENT. Tirneliness of payment and any interest to be paid to Contractor for late p4yrnent Shall be governed by Article XI-A of the State Finance Law to the extent required by law. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not he submitted to binding arbitration (excep.t where~ statutorily aurhogzed), but must, instead, be heard in a court of competent jurisdiction of the State of New Yo~k. SERVICE OF PROCESS._ In addkion to the methods of sen, ice allowed by the State Civil Practice Law & Rules CCPLR"), Contractor hereby consents to sen,ice of process upon it by registered or certified mail, return receipt requested. Service hereunder shall he complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Sen'ice as refused or undeliverable. Contractor 18. 19. 20. 6 mus~ promptly notiR..' the State, in x~xiting, of each and avco' change of address to wln{ch senSce of process can be made. Sen'ice by the State to the last known address shall be sufficlent. Contractor x~411 have thirty (30) calend~ days after service hereunder is complete in which to respond. PROHIBITION ON PURCHASE OF TROPICAL .HARD\VOODS. The Contractor certifies an4 warrants that all wood products to be used~tmder this contra,~t awasd will be in accordance ~dth, but no1 limited to, the specifications and provisions of State Finance Law § 165. (Use of Tropics1 Hardwoods'~ wl-Jeh prohibits purchase and use 6f tropical h~dwoods, unless spedficaily exempted, by the State or ,m~' g0ve,'T~mental agenq,' or political subdivision or public benefit corporatbn. Qua!ification for an exemption ,under this law will b~the responsibili~' oft.he Contrac!or to establish m meet with the approval of the Stat~. In addition, when an), portion c fthis contract involving the usqof woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §i65 State Finance Law. Any such use must meet wkh approval oft,he State, othe,-~vise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibili~ of the Contractor to meet with the approval of the State. .MaeBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern IreI~d, or (b) shall tmke lax~afal steps in good faith Io conduct any business operations in Northern Ireland in accordance xxdth the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance x~dth such principles. O,~rBUS PROCUREMENT ACT OF 1992, It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Depa_r~ment of Economic Development Division for Small Business One Commerce Pla?~ Albany, New York 1224'5 21. A directou' of cedi fled minority and women-owned business ente~rises is available from: NYS Department of Economic Development Minority and Women's Business Development Division One Commerce Plaza %:lbany, New York 12245 The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or con:tact, as applicable, Contractors ceftin' that whenever the total bid amount is greater tha~n S1 m~llion: The Contractor has made reasonable ef£orts to encourage the pmicipation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-ox~ed business eme~rises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; The Contractor has complied with the Federal Equal Opponuni~' Act of I972- (P.L 92-261 ), as amended; The Contractor agrees to make reasonable efforts to provide notification to ,New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent ~5th existing collective bargairdng con2acts or agreements. The Contractor a~ees to document these efforts and to provide said documentation to the State upon request; and The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby i¢otified that if their principal place of business is located in a state, that penalizes New York State Yandors, and if the goods or services they offer xxSll be substantially produced or performed outside New York State, the Omnibus Procurement Act of I994 amendments (Chapter 684, Laws of 19~4) require that they be denied contracts which they would otherwise obtain. Contadt the NYS, Department of Economic Development, Division for Small Business, One Commerce Plaza, Albany, New York, 12245, for a current list of states subject to this provision. Issued OMRDD: APRIL 1997 APPEh~f)IX A: SUPPLP_3,iY_.2~T Thc pard~ ~o ~hc attached contract ~r~c to bound by the follov, ing, which ~ l'm~by pan of ~d conu~act: 1. The ~onu-zctor shall not discriminate zg~Jnst zny ~plicznt for ~ for b~ u~r, ~igiom or ~igious ~ef. ~e ~n~c~r ~ n~ u~ ~y mon~ ~iv~ ~om ~c Sram ~ ~efit or ~nh~bit a ~cu!~ ~gion or re~gious ~ief. such ~mm% ~ n:i~er hold ~cm~lves ou~ ~ nor cl~m to ~ offi~r% =mploy~x, 6r zg~u of ~c Sm~c by ~a ~cr~f, and ~b~l no~ m~kc mqy ciera, dc~qd or z~Ii~don Io or for ~y ~hI of thc Sm~e, i~uding, but no: Hmh~ to, Workers' Com~n~dbn ~vcmgc, un~mploym~ ~su~ ~nefi~jS~i~ S~u~ ~vemge or refi~ment mem~p ~t. 3. The connector shall be solely re. rponsibl¢ and answe~-~ble La ,~iden~ ~or injufi~ to ~rmns er ~s m~ ~ mder~ by offimrs ~.empI0y~ ~om ~d de~fion m~g out of or wSoladon by the ~nmctor, 4. Neither ~ shell b~ liable for los$.~, defzults, or ~ und~ ~ mn~ wMch resMt from de~ys ~ ~ffo~g, or ~b~U to ~ffo~, ~ or ~y of ~e ~gafio~ or ~bSHfi~ im~ ~n it pu~t m ~¢ ~ ~d ~n~fio~ of ~ mn~t, due ~ or ~u~ of ~cm of ~; ~c public ~emy, ~q~, fl~s, o~ mu~ ~y, ond ~e ~ble ~n~l of ~e ~ u~l: m ~ffom, pm~qd~ ~t ~ch ~ ~ not n~g~t ~d ~om to avoid ~d overmme such mu~. Such ~ ~l~gafio~ ~d ~m~bilifi~ promp~7 u~n mmo~M of 5. If any term or pm'dsion of the contract ~11 be found to be illegal or unenforceable, th,m, notwithstZnding, the contrzct ibalI mrnkin in full force and eff~t amd tach term or provision shall be deemed stricken from the cOntract. 6. The contractor shall comply with all mmtutorf requirements r~:t~ng to the confidentiality of information obtained during the peffornmnce of the contrax:~ 7. The conU-actor shall certify that pa~nent requests do not duplicate reimbur~ment of costs ~nd ~rdces n:ceiYed from othe~ mum. - 2 - 9. ~Jnlcss o',herw%se pro-ldO, the contract may tx~ ~a~,d.~, moclified, rrmev.~cI, ~d/or rencgodat=d by ~.,~m~n agreement of ~.e pardcz wMc'n skaH become effective upon appmvzI by Office of t~h~ State Compmoll~. 10. Un!cas ouhar~4~ provide, einhzr p~rty may'caa~l t~ contract ~Sthout czus~ upon serving t,hir~y (30) days' w~aen notice on thc or,her par~y. 1 1. No part of the conLracto~'$ income or resources sb~J.1 bc used dir~tly or lndh-~t]y for Cne banefk of, or payment to, any State employ~ for s~cas pro%q.d~d under this contract other thmn cmp]o)'~s whom ,nam~ s=~ fumhn:d to the ObfRDD and no employ~ so id~,nfifi~ s.hz!l z~...eiva ~.ny beaefit oi' paymem ur, der th{s con~"~ct without p,"ior'wrlr~n ~ppro',-A by thc I3. ¥~qnere applicable, the c~nh~cmr mhall m~nm2n cl~g~'o~ty for reJmbuzsemmt from any prog~_rn that provides paym~t for s~rvic~s mhd sh~lI apply for mhd obtain ali funds a,,-dJzble for the progm_m from tony public or private source. Upon request, thc Oi~{PdDD shall assist in cs*.zblishing the conu'zetor's rJ3~bLtity for such funds. 14. G~eral COnditioms relating to ArffcIe I$-A of thc Ex~cut~ve I.~w m s~t for'ah in the atmch~I Addendum. November I99~ NEW YOR_K STATE OF~CE OF i~r. lqTAL RETARDATION AND D EVELO PM~...NT~ DISABU_rfrR~ ADDF~NDLrM TO APPENDIX A: SUPP~ ~fENT GF_2qF_RAL CONDITIONS (Authority: Article I$-A of the Executive Law ~qd 9'NYC. RP, P?._rts 540-545) Tn: Coa~ctor and th: Office. of Me.a~ R:~-'.O. goa aqd D-~vc!opmc~nml DisabiJiti:$ s~ha!l b~ bound by fha follo~Sng clauses, which sb~I ~ part of evew Requ:st for Proposal, bid specifica,.ion, znd contract: FIRST: Every v,~t~ aooq-ccmcnt or pu~hz_~ order ~m~t p~5~g for z ~ ~ndi~ Ln e~s of S~,~.~ for N~r, ~, supp~, ~pm~t, ~m~, or ~y ~mbi~on orm= forgoing, to ~ ~ffo~ for, or ~d~ or ~ to ~: Off~ of Men~ Rem~on ~d ~velopmen~ D~b~, ~.a Sm~ ~n~, ~ defm~ N SECOND: Every v,-ritt~n agr~mcnt pro'4dLqg for a to~ cxlcm-~dit'ur~ in exc. e~s of $1co,o0o.0o by the Office of Mental Retardation mhd Devclopm~ntal DisabilitS~ for th~, acq~isition, construction, demolition, repla~..m~t, major rep~ or r=~ovation of mat property mud improvemmnt~ thereon is a Smt~ contract, ~ de. Dined in Section.310(13) (b) of th: Ex=utive Law mhd 9 NYCRR 540 (r)(2). THIRD: A 'Subcontract', ~ defined in Sectic~ 310 (14) of ~ ~6v~ ~w ~d 9 ~C~ 540 (s), is ~ ~t p~dNg for ~ N ~ of ~,~.~ for ~: ~on; demotion, ~I~ment, ~jor ~, ~o~, p~nn~g Or d~ of ~ pr~ ~d improvcm~ ~c~n ~n a ~n~r ~ ~y h~d~ or unde~ or mum~. h ~I not m~ ~y ~ ~mmt for ~c ~e~ m o~ ~ ~n~c~r. FOURTH: In accordanc~ with its policy of ensuring that minority and womm-own~ business emerpris~s participate in thc award of Stag c~ntmms, th~ Offic~ of Mental Re-mrdalJon and Dovelopmental IX~btlities shall notify contractors Ii~ in thc Directory of Ce:rtifi~ ~noHty and Womem-OWne<l B~iness Enterprises ~ by tt~ Goven>or's of },fmority and Women,s Business D~velopmcnt of contr-a~ oppo~tm~.ti~s. Th= Contr~mor rnay obtzin a copy of thc Directory znd thc Regul~fioas from that ors. ce or I)L--~clory zqci the'Regulations frc~ of charge at any OMF, DD location vcharc R~ue.s~ for Proposals may b~ -2- FIFTH: Th: C~ntractor sh~I provide :quzl employment opportunists foz minority group mcmb~r~ mud women, ms rcq~kcd by $cc~on 312 of the Ex~dvc Law and Pm'sgmph 12 of Appendix ,<, s~mndzrd chuscs fo~ N:w York Stzu~ contracts.. B. Thc s~pea~ goal percantzg~s ~,a_blished for pacdc~I:a~on in n~ ~n~ P~ ~ ~ .~E) ~d ~E)~ Such ~r~nmg~ ~ ~ subj~t ~ ~¢ pro~o~ of ~cl~ 15-A of~hc ~vc ~w ~d 9 .~K ~ ~S. C. Thc Contractor shall m~e_ a good fzkh effort m solicit mcti¥c participation in pcffo~.nvm.ucc of ~ Smtc conh-a~t by ~rpd~ identified in thc Directory of Cord.Seal Lfino~ty ~d %Vomcn-Owncd Business Ent:rpris~s. A provision to thh ~ff~ct ~ b~ 5ncludcd in evcry subconu-~¢t with rCSl~C[ to work in connection '~4th tM St~t~ contract. D. T/nc Contractor xk~ll mmic prompt paymcat to every subcontractor performing work in conn~c~io~ with z Stat~ contract Icl by thc Office of Mcntai Rctarda~ion and Devclopmeatzl Disabilities. t5. 1~{4¢w of Utilization Pkns, pursuant to the provisions o~ Artk]¢ I$-A of the Executive Law mud 9 NY_CRA Puts 540-545, ~ b~ p~fformcd in sccordancc with procedures cstablishcd by the Office of Martini Rctmrdation mud Dcvclopmefitzl Disabilities, ]qovemt>cr tPDO Dcvclopmcntal D~s~b~itlcs Sca, ices Office APPENDIX C CONTRACTOR Nbc: Payment and Reporting Schcdul~'for ?cried 01/01/00 to 12/31/00 To~m of Southold Fill in all the hl~nks fac human, scrvlccs operating contracts. Fill in ,l[ the blanks except thc ones outlined in bold for non-opcratLqg cent:acts. To receive pa}tent d',e CONTP, ACTOR faust submit reports as requited by the OMRDD Paymant~ will he ad]ustcd~by th a OMP, DD to reflect only thos~ sa:claes ! cxpan~turcs"' that were made in accordance with thls Contract. Submit Hew York State Vouchers with supporting documentation to: Long Island DDSO - c/o Deborah Hanr~argren 45 [~:~l]I Drive Cor.vnack, New York 11725 Part C-1 I - PAY~[ENTS I DATES OF SEP,VICE DUE DATE I ANf. OUNT [CONDITIONS First Advance 01/01/00-03/31/00 01/01/00 $ 2,028 Second Advance 04/01/00-06/30/00 04/01/00 S 2,028 Interim 07/01/00-09/30/00 07/01/00 $ 2.028 ) FkstRepo:~ ~terlm 10/01/00-12/31/00 10/01/00 S 1,217 Other S ' Other [ S ~ ~n~atlon F~al Ava~able B~ ~d Rcpo~* TOTAL ~ 8,11~ Approy~ of O~ONAL S 2,028 TOTAL + O~ONAL S 10,140 · This payment sh~dl bc preceded by an addklon,l t.hlr'¥(30) calendar d~' per od for the purpose of an audit of thc End P~cports, ~provided In Section 179-.(2)Co) of the State Finance Law. "At least one m~st be circled, i.e. serV{~cs re:d/or cxpendkurcs. Part 0,-2 J APPENDIX C for: I-IO1VqECAP. E, CLIN'IC TP. EA~I'A~i{T.I:ACILIT'i', amd SOiC]F DAY TKA,~-~L~q'G CONTF..A.C'fS (ONLY): .On a m~.6:hty basis, the CONI-RACTOR. :hall submit timely, appropriate, end p~-o~: z:ly co-'pi'.,'.-,'d I':.ew¥ork State vouchers to rc~u::t rclmburscm eat. und;r rills CONT~.A .CT, Lq .~ccol $ance r~Rh I =:ts ~'F:ccified In Apyendk D Hbt to ezcee¢ th c total p a,y~ eats ~ccified In :A. ppcndk B, These vonche:s ~h~I have annc~cd m:¢h-s~p~ordng do~umenu ~ ~hc OMI'~DD m~y require, ~n a form prescribed by' thc'O~V[RDD. LOliG ISLAIiD 22)~v~Ioprn¢~t.~ Di~b:Ji~s Services APPENDIX D The Plan Summary for Period bl/01/2000 to 12/31/2000.- Town of Southold CONTRACTOR Name: Site Address: Phone.#: ( 631 ) 765-4333 53095 Main Road Fax #:'(-631 ) . 765-1366 t Southold. NY 11971-0959 Countv: Suffolk r Target Group(s): Target Number tO be Served: Developmentally disabled senior adults 2 ' To provide meaningful day of social and recreational activLttes,at Center as well as in the community, We prov de opportun t ~Primary Service(s): partici[~ants fo enhRn~ +hplr ..If-..+.~m'. h,,ilH .~rf-~nnFiH~n~. "qd a sensi~ of accomplishment. Secondary Service(s),.if anv: summary: We provide an array of social and recreationQI activities in order to provide a meaningful day of programming. The basic procjra.m is enhanced by field trips within our community such as picnics, trips to the beach in the summer, as well as visits to our local' points of interest. We provide special celebrations such as individual birthday and holiday parties. We invite ,guests for qardeninq demonstrations, pets from our local animal shelter and speakers form variouq aqencies. APPENDIX E Day Training (Rateflh-ice Based and Non-rate/Priced Based) Annually, the ContracTor shall, develop a plan and submit it for approval to the OMRDD~ The approved plan shall include the number of people and services to he provided and the age groups of the people to whom seryices will he provided. The number of services to he provided shall be described according to definitions of units contained in the Consolidated Fiscal Reporting and Claiming Manual, which is by reference incorporated herein. The Con,actor shall annually prepare and submit a Consolidated Fiscal Re~rt (CFR) in the format and manner prescribed by the OMRDD. The Contractor shall apply for and oblain all,funds available to, for, and on behalf of each client from the Federal Government, the State of New York, and any other public or private source. The term 'private source' for the purposes of this Contract shall not include gifts or donations to the Contractor. For rate/price based contracts, the amount Of payments shall he contingent on the number of services provided with the maximum payment being the "TOTAL' stated in the Budget Summary. For norera~e/price based contracts,: The amount of payment shall be contingent upon information provided by the Contractor in the CFR. The Contractor may interchange amounts not to exceed ten percent of any expense category on the CFR within a program without approval of the OMRDD. 3/31/95 AGENCY CODE: 51000 X CONTRACT-NO: PERIOD.' FUNDING: Th/s AGREEMENT between the STATE OF NEW YORK, acting by and through the Office of Mental Retardation and Developmental Disabilities (STATE), and (CONTRACTOR), for modification of Contract Number aS amended in attached Appendix(ices) All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates ,appearing trader their signatures: SIGNATURES CONTRACTOR STATE By.' By.' (name printed) (name pnnted) Title: Title: Date: Date: State Agency Certification: In addition to the acceplance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract. INDMDUAL (OR) CORPORATE ACKNOWLEDGEMENT (SELECt STATE OF NEW YORK: ) ) SS: COLrNTY OF ) INDIVIDUAL ACKNOWLEDGEMENT: On this day of ., 20. , before me personally came ., to me known and known to me to be the same person described in and who executed the within instrument, and he/she duly acknowledged to me that he/she executed the same. CORPORATE ACKNOWLEDGEMENT: On this day of , 20 , before me personally appeared ., to me known, who being by me duly sworn, did depose and say that he/she resides at , that he/she is the ., of the corporation described herein which executed the foregoing insmanent and that he/she signed his/her name thereto by order of the board of directors of said corporation. (SIGNATURE) OFFICE OF THE STATE COMPTROLLER: (SIGNATURE) (Title) Rev. 01/21 too NOTARY: (Please Affix Stamp) z ~ Z z (.9 ~9 ~ooo ~000 LU U.I >.,- oNE:E,< eO00 o~