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Home My WebLink AboutSuffolk Co Youth Bureau ELIZABETH A. TOWN CLERK ~REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 souiholdt own.nor~hfork.nel OFFICE OF TIll TOVfN CLERK TOWN OF SOUTHOLD July 14, 2003 John F. Kreulz, Director Youth Bureau County of Suffolk Post Office Box 6100 Hauppauge, New York 11788 Dear Mr. K~eutz: Enclose~dplease find four (4) copies of the agreements for the 2003 Southold Town Youth Progr)~in which have been signed by Supervisor Horton. Also enclosed is a certified copy of ~e.s.~ution number 336 adopted by the Southold Town Board on June 3, 2003. Please return a frilly execuIed copy to my office for filing. Thank you. Very truly yours, Southold Town Clerk Enclosures (4) cc: J. McMahon Law. N~. YO002M/0002-05YA IFMS No. SCS EXE 04000002839 Development Delinquency Prevention Program Amendment No. 1 Amendment of Agreement This is the First Amendment of an Agreement, bet~veen the County of Suffolk (County), a municipal corporation of the State of New York, having its principal office at the County Center, Riverhead, New York 11901, acting through its duly constituted Youth Bureau (Department), having its principal office at H. Lee Dennison Building- ya Floor, t00 Veterans Memorial Highway, Hauppauge, New York (Mailing Address: Box 6100, Hanppauge, New York 11788-0099), and Town of Southold (Contractor), a New York municipal corporation, having its principal place of business at Southold Town Hall, Main Street, Southold, New York 11971 acting through its duly constituted agency; and Family Service League (Implementing Agency), a New York not-for-profit corporation, having its principal place of business at 790 Park Avenue, Huntington, New York 11743. The parties hereto desire to modify the Agreement by extending the term from December 31, 2003, through December 3!, 2004 (.1/1/04 to 12/31/04 = 2004 Budget Period). Sufficient funding exists in the 2004 Suffolk County Operating Budget. Term of Agreement: Shall be January 1, 2003 through December 31, 2004 with one (1) one-year extension at the County's option. Percentage of State Aid: 18% Percentage of Advance: 25% Total Cost of Agreement: Shall not exceed $18,599 (of which $9,789 is for the 2004 Budget Period) Terms and Conditions: Shall be as set forth in Exhibit A-1 attached. In Witness Whereof, the parties hereto have executed this First Amendment of Agreement as of the latest date written below. Town of Southold Title~ Fed. Taxpayer Date: Fami~gue By: ~,~t~,~-'~~ Fed. Taxpayer ID #: //- Date: Approved as to Legality: Christine Malafi Suffolk County Attorney.. Pa~cia M. JSrdan County of Suffolk Paul Sabatino, II Chief Deputy County Executive Date: 10') ~ ]9'O&6/ Approved: Youth Bureau // . By: .,,~fnette Santos Datp~ / -/7 ~"Executive Director , r Recommended: / By: ~'~/~ ~----~' Fred Verbarg t~ Date Principal Planner Youfh Services Pace 1 of 2 oaf, es Law No. YO001M/~-05YA Rev. 01105/04 Development Delinquency Prevention Program IFMS No. SCS EXE 0X0000 Amendment No. 1 Exhibit A-I Whereas, the County and Contractor have entered into an Agreement, for a term from January I, 2003 through December 31, 2003, with two (2) one-year extensions at the County's option, to provide a develop- ment delinquency prevention program; and Whereas, the parties hereto desire to modify the Agreement to extend the from December 31, 2003 through December 31, 2004 and to increase the Total Cost of Agreement for the 2004 Budget Pehod as set forth be- low; Now, Therefore, in consideration of the covenants, promises and consent herein contained, the parties hereto agree as follows: 1. Term of Agreement: The Term of Agreement paragraph on page ! of the Agreement is amended to read January 1, 2003 through December 31, 2004 with one (I) one-year extension at the County's optioaas set forth on page l of this First Amendment of Agreement. 2. Payment of Services: : The Total Cost of Agreement shall be increased by the amount specified on page one for the 2004 Budget Period. o Budget: ~ The budget annexed hereto as Exhibit C-I is made part of the Agreement fo~ the 2004 Budget Pe- riod. 4. Gratuities: The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that he has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the SuffoLk County Code). 5. Except as herein amended, all other representations, terms and conditions of said Agreement, includ- ing any and all amendments or budget modifications executed prior to the date hereof, are hereby ratified and confirmed to be in full force and effect. End of Text for Exhibit A-1 YO1 (12/03~ Page 2 of 2 pages PROGRAM BUDGET APPENDIX B PROGRAM TITLE /~0'"~ PERSONAL SERVICES RATE BASIS TOTAL OCFS ror,q POSITION TITLE OFPAY ~(W. BW SM) PROGRAM AMOLINT ( } ) $ TOTAL I:RI~E BENE~II'S TOTAL PERSONAL SERVICES (1) CONTRACTED SERVICES AND STIPENDS TOTAL MAINTENANCE a OPERATION (3) $ --O~ Is [ LIST EQUIPMENT TO BE PURCHASED OR RENTED: FACILITY REP.MRS TOTAL FACILITY REPAIRS (4) TOTAL OCFS PROGR.a,M AMOUNY TOTAL OCFS FUNDS REQ Law No. YO002M/0002-05YN Development Delinquency Prevention Program 1FMS No. SCS EXE 03000002839 This ~¢w YoH,. :duly coINiuL~ed ~ o,lh I~ul'eal! AGREEMENT ~ of Suffolk (County), a municipal corporation of the State of New.'¥ork'l¥ I'901, acting through its ~office at H. Lee,Der~ison (Mailing address: Box 6100, . New York municipal New Ybrk Ne~ ~ prin~pal New '5 T~e o desire to make d¢lmqu~ency p~revennon p[~ avmlabt~' to ~e Co~, ~d s~cie~ ~g~mt~' 2003 S~olk Co~ operating Bu~e~ ....... ~ - ~rm,of~r~me~: B~I "~e ~om J~u~ 1, 2003 ~ou~ Dece~r'3~}, 2003 ~ ~wo (2) one-ye~ percentage, oI S~te~ffi: 18~ Percentage of Advfinee: 25% ~ Tot~.~C~st of &~t: Sh~l not exceed $8.810 for ~e ~t~ Budget~P~¢d. Terms and C0~0:~sr~ SB~I be as set fo~ ~ E~ibits A t~o~ C~ ~d E~ibit enGtled "Suffolk Comity Lxwng ~ge R~:~nts Ex~b~t As Revised by ~e S~otk Co~y ~mem o~ Labor on 10/22/02 a~ched~ ~ ~m~s ~e~f, ~e p~es h~to ~ve ex~ ~s A~ment ~ of~ l~e~ ~e ~en ~ow. Family Service League By: NalTle: Title: Fed. Taxpayer ID# Date: Approved as to Form, Not Reviewed as to Execution: Robert J. Cimino Suffolk County Attorney By: Patricia Jordan Assi~ant County Attorney Date County of Suffolk By: Date: Eric A. Kopp Chief Depmy County Executive Approved: John F. Kreutz, Director Youth Bureau Human Services Division Office of the County Executive Date Recommended: By: Fred Verbarg Date Principal Plarmer- Youth Services YO2 (05/03) TABLE OF CONTENTS Exhibit A Contract Clauses .................................................................................................... 1 1. Contractor Responsibilities ........................................................................................................ 1 (a) Services .......................................................................................................................... 1 (b) Qualifications and Licenses ........................................................................................... 1 (c) County Review ............................................................................................................... 1 (d) Compliance with Law .................................................................................................... 1 2. Term of Agreement .................................................................................................................... l 3. Payment for Services ................................................................................................................. 2 (a) Limit of County's Obligations ....................................................................................... 2 (b) Budget; Expenditure Limitations ................................................................................... 2 ~c) Submission of Claims; Monthly Reports ...................................................................... 2 (d) Payment of Claims ......................................................................................................... 2 (e) Advance Payment Schedule (if applicable) ................................................................... 3 (f) Final Voucher ................................................................................................................. 3 (g) Level of Service ................................................................ ~ ............................................ 3 (h) Payments Not To Exceed Net Expenditures .................................................................. 3 (i) Salaries .......................................................................................................................... 4 (j) Actual Fringe Benefit Costs ........................................................................................... 4 (k) Travel Costs ................................................................................................................... 4 (1) Taxes .............................................................................................................................. 4 (m) Final Report and Claim .................................................................................................. 4 (n) Agreement Subject to Appropriation of Ftmds .............................................................. 4 (o) Payments Contingent upon Receipt of Aid .................................................................... 4 (p) Payments Contingent upon State/Federal Funding ........................................................ 5 (cO Contractor's Staff ........................................................................................................... 5 (r) Salary Increases ............................................................................................................. 5 (s) Budget Deficiency Plan ................................................................................................. 5 4. Accounting Procedures .............................................................................................................. 5 5. Persormel Salaries, Pension and Employee Bemifit Plans, Rules and Procedures .................... 6 6. Financial Statements and Audit Requirements .......................................................................... 6 7. Furniture, Fixtures, Equipment, Materials, Supplies ................................................................. 7 (a) Purchases, etc. Requiring Prior Approval ...................................................................... 7 (b) Purchase Practices .......................................................................................................... 8 (c) Proprietary Interest of County ....................................................................................... 8 (d) Inventory Records, Controls and Reports.: .................................................................... 8 (e) Protection of Property in Contractor's Custody ............................................................. 9 (f) Disposition of Property in Contractor's Custody ........................................................... 9 YO 2 (5/03) $154/20034:03 PM *t:X~lUNLAWXPmiWouth\¥O2eXA0~.DOC 8, Lease or Rental Agreements ...~i ....................... ~ ........................................................................ 9 9. Loan Approval ........................................................................................................................... 9 lO. Contractor's Staff ....................................................................................................................... 9 (a) Resumes .................................................... ,.,.., .......................... :: .................................. 9 (b) Contractor Letters .......................................................................................................... 9 (.c) County Approval ..................... I 0 (~) Job Descriptions, Qualifications .................................................................................. 10 t 1, Statement of Other Contracts ................................................................................................... 1 t 12. DffSet of A~ears pr D~fanlt ..................................... : ....... ~ ................................................. 11 I3. C6~dehtiality ....................................................................................................................... 11 I4. Child Sex Abuse ..................................................................................................................... 11 15. Gratuities .................................................................................................................................. 11 t6: Public Disclosure ......................................................................................... , ............................ 12 17. Inct3pendent Contractor ................................................... 12 11~, CerlSficate of Incorporation; Board Meetings .......................................................................... t2 lt9 Insurance and Indemnification ................................................................................................. 12 ~(51. Ad~,esses, for Notices, Claims and Repons ............................................................................. 13 21~'. No~discriraination in Employment & Affirmative Action ...................................................... t4 522. Nofidiscfimination in Services ................................................................................................. 14 23~ No~sectarian Declaration ................................................................................. ~ ........................ 15 24. W6Jck Experience Participation ................................................................................................ 15 25. Human Services Division Technical Assistance and Training: ............................................... 15 26. Publications, Copyrights and Patents ........................................................................................ 16 (a) Publications .................................................................................................................. 16 (b) Copyrights .................................................................................................................... 16 :c) Patents .......................................................................................................................... 16 27. Information Access ............................................................................................................... 16 28. Cooperation on Claims ............................................................................................................ 16 29. Assignment and Subcontracting .............................................................................................. 16 30. Right to Renegotiate ................................................................................................................ 17 31. Termination .............................................................................................................................. 17 32. Severability; No Implied Waiver ............................................................................................. 17 33. Merger; No Oral Changes ........................................................................................................ 18 34. Inconsistent Provistons .................................................................................. 18 YO 2 (5/03) 5/14/2003 4:03 PM H:~MUNLAV~Pmj\Youth~YO2 EXA 03.DOC Exhibit A Contract Clauses 1. Contractor Responsibilities (a) Services The Contractor shall perform such services as may be necessary to accomplish the work required to be performed under and in accordance with this Agreement, as more particularly provided in Exhibits A and B (if any) (the "Services" or the "Program"). All references in this Agreement to Contractor shall be deemed to refer to the Contractor and to the Implementing Agency, except as otherwise indicated; provided that all provisions relating to Contractor's staff shall he deemed to apply only to the Implementing Agency. (b) Qualifications and Licenses The Contractor specifically represents and warrants that it has and shall possess, and that, to the ex- tent applicable, its employees, agents and subcontractors have and shall possess; the required education, knowledge, experience and character necessary to qualify them individually for the particular duties they perform and that the Contractor has and shall have; and, to the extent applicable, its employees, agents and subcontractors have and shall have, all required authorization(s); certificate(s), certification(s), registra lion(s), license(s), permit(s) or other approval(s) required by State, County or local authorities for the Ser- vices (hereinafter called "License'). The Contractor shall immediately notify the Youth Bureau in writing of any disciplinary proceedings against the holder of any License by the New York State Department of Education or the New York State Department of Health or other issuer ora License. In the event that the Contractor or such other holder of a License is no longer licensed for any one or more of the Services, the Contractor must immediately so notify the Youth Bureau. It is tmderstood that the Contractor shall not be reimbursed for any Services rendered after the effective date of termination of such License. The remainder of this Agreement, or its application to persons or circumstances other than those as to which said License has been terminated, shall not be affected thereby, and every other term and provision of this A[Feement shall be valid and enforceable to the fullest extent permitted by law. . (c) County Review It is agreed that the nature and extent of the services provided pursuant to this Agreement shall be subject to the general supervision of the County and that the Youth Bureau, through its duly authorized rep- ' ~resentatives, has the right to monitor and evaluate the program. The Youth Bureau shall be the sole arbiter as to what constitutes acceptable performance in meeting the aforementioned responsibilities. (d) Compliance with Law In rendering Services under this Agreement, the Contractor shall comply, and shall require its offi- cers and directors, partners, trustees or other members of its governing body and personnel employed to 'render Services under this Agreement to comply, with all applicable local, State and Federal laws, regula- tions, rulings and requirements of law, including without limitation Suffolk County local preference and other applicable Suffolk County local laws and resolutions of the Suffolk County Legislature. 2. Term of Agreement This Agreement shall cover the period provided on the first page thereof, unless sooner terminated as provided below. YO 2 (5/03) Page 1 of 18 pages of Exhibit A 3. Payment for Services (a) Limit of County's Obligations ..... Th~.~ ~ount ~0:be paicJ by the~County as ~et forth oathe cover page 0fthis Agre6ment · shallLoxi~titi~ ~,fidl'obligat ion o f the~ County ii~, connection with;this Agreemeni and any ma~ .~s~g therefi:om. (b) Budget; Expenditure Limitations ' : , ~ atkached ,bu, dget~ ~S~ed E~l¢jt C. and any subsequent, amended or codified budget, all of 1'~ ~ '~* .~.{.~ ' , ,. 1 ~ ,. ',., ; . ~ ~ ' ~ ' ,.m, ~.fll~l 1 .,1 .... ~,),l.l~ ,,.1. a,I olli~l to.,~ o ,.. ,,t..~to bemd~edby~e. Con~etor~der~is A~ co~p~ ~ ~sA~eemen$ or o~e cover page of~e a~hcablC ~:mc~oir~¢nl~'xt0:'~s~on ag)'cvm~"fl, r~ ,'eSCllfihe'~:c fot~l',.::ct 6:*~r,n'i'na c¢ si.{ ,h~ Co. ~ ~/~th~rol ':. b'l ~ Iud .... c'od. ,11~ tolt:[ Ilud~[~l,iHIIOtlllt shall ~'~[ tl~l'~ 1111 all,~lldi!:Cl I to ~ ~Ul'UClll~ni 3 plied b', lilt ltlli:CS. ()lhcr Budget ,.~, ~,.tl el .Iici u~..~.l,~ , ht .Il, tl,~ [ ~)l..ll S B,I,.~., I (~, .,,. I h~ ( O~lll,.~h)l ,I..!~,~ did, II~xC~.~l,O.hl ~' ['~ '. ~.'~ .~ ' I .' ' ' · .... ~ , ;~Ssloa~o[ Clam; Monthly reports eh~ fo~ Cowry Mt~ ~enty ~e~es inc~d on or ~er . . ...,q. , , .,. . I:.. COmllX~lC.'hlCil.[[:::14. bth :'.l':or ~o :,c.'~' submitted M~n ~enty,(20) .: :, p ,~y~ ;~t ..... , .... ,Ihl I .w ,~,1,.,; l'~'lhud il% h'.!lll, ,;.,.:. xO:, sub~t mouthy ~ d:,o~ < ?,, h;~ ~b:~,:ue,: a< ,'cqaested, ~e Cowry rescues ~e fightto~ddayprocessing clams ~til such ~ c~ Of~ Con.actor s comph~ce w~ M1 of~e requ~ments of~s A~ement that should h&e~b ~ ~ ' ~ed by it at ~e ~e of clhm submission. ~e Co~W shM1 pay ~e Contractor ~optblv for q~,~awded vnd cosB mc~ed pursuit to thru A~eement upon receipt ofmon~ly cl~s . ~ .c ( oumy ~d after audit ~d approval by ~e Co~ty. not to exceed in '[ ',[.. ,~1' ~ :'.."~: an; fqr ~y Budget Period on the cover p~ge of this A~ment or ~y ::'. ' r,'~'t.'c ih, .L¢.~t' .... n,~ n .... ~ * '. ', ~. prod }n accord~ce w~ the Budget ~pon ~esentat~on by the Contractor C.I :lIOh[lli{ C];i~ll~ .l~qOI i H.:'&'G n'. appropnaterepoas~ddocmentatmnprov~ngaceeptableemdencem , ,. ~{- m:d..:o.,,: ,.: ': suq~ fo~ as prescdbed by ~e Co~ ~d after aunt ~d appmvM by ;h3 (',,u,n3,:.,I;&k:? 'L:~ q c ( t;',t'y for Co~¢actor expen~t~ shall be ~ade only for se~ces acmMly i~. r!b~ mod am{ 'iL> .nlm r~; m. nl; truly of actual c~h e~en~es made prior to the ~te of cl~ submis- sion. No et~;~ BDe payable ~il ~e,Contractor comphes wi~ all requkments in ~s A~ment that sho~d Bm c been ['t0mplicd ,,x ;;:a oa or ~fore sub~ssion of such claims ~d~so sub.ts emlu~ve ~d Ye 2 (5/03) Page 2 of 18 pages of Exhibit A such other data m the manner and form as shall be required and accepted by the Youth Bureau, County, State or Federal Government. Payment under this Agreement shall not duplicate payment fi:om any other source(s) for Contractor costs and services provided pursuant to this Agreement. All claims shall be subject to any adjustment that an audit by authorized personnel of the Youth Bureau, County, or State may indicate is appropriate. Payment by the County shall be made within thirty (30) days after approval by the Comp- troller of the County of Suffolk. (e) Advance Payment Schedule (If Applicable) Notwithstanding the foregoing provisions, if a Schedule of Payments is annexed to the Budget, an · amount equal to the Percentage of Advancement of the Total Cost of Agreemem as set forth on the cover page of this Agreement or of any amendment/extension thereof shall be advanced to the Contractor for guarantees of availability of services and as consideration, and shall be recouped, as provided in the Sched- ule of Payments and in the subparagraph below headed, "Final Voucher". (f) Final Voucher Upon termination or expiration of this Agreement, or prior to the payment of reimbursement for ac- tual expenses of the last month of the Budget Period, or prior to any payment for a subsequent Budget Pe- riod or under a subsequent agreement between the parties, a determination shall be made of thetotat amount of the payments (initial advance plus reimbursements, net of recoupments of advance) made during the Budget Period and the total amount of the allowable expenditures (net of program income or other deduc- tions) incurred during the same Budget Period. The determination shall result in one of the following: (i) If the Contractor's total net expenses are greater than the total amount of the payments made during the Budget Period, the claim 'form will be processed for the balance due the Contractor. (ii) If the Contractor's total net expenses are tess than the total amount of the payments made during the Budget Period, the Contractor shall prepare a check payable to the order of the Suffolk County Treasurer for the difference be- tween the two amounts and promptly deliver such check to the County with a claim form (standard Suffolk County Payment Voucher) describing the re- payment. (g) Level of Service The Contractor agrees that where a minimum level of service is not provided as set forth in Exhibit B, the Youth Bureau may require the reduction of Contractor staff and costs or terminate this Agreement after giving notice in accordance with the provisions headed, "Termination", of this Exhibit A. (h) Payments Not To Exceed Net Expenditures The Contractor agrees that if, for any reason whatsoever, the Contractor shall spend during any Budget Period for the purposes set forth in this Agreement an amount less than, or receive amounts more than, provided in the Budget, the total County payment for the Budget Period under this Agreement shall be reduced to the net amount of approved actual Contractor expenditures made for such purposes, and that the total mount to be paid by the County for the Budget Period shall not exceed the lesser of(i) approved ac- tual net expenditures or (ii) the Total Cost of the Agreement on the cover page and in the Budget. Amounts not spent in any Budget Period shall not be carried over into any subsequent Budget Period. YO 2 (5/03) Page 3 of 18 pages of Exhibit A 5/14/2003~ 4:03 PM H :~MUN LAW~PrnJ~Yout h~YO2 EY, A 03,DOC fringe he, n. efits on ~ qugrt~erly, semi .a~g~ .rial or agnual basis, it may fits ht'LqCd OIl ~'l~'~,lilll~i[.'tl )ClCChlauv o"CaCq',:l;,':bl¢ i d~c la~t.montl~ m each Lhhl:.~ct J~.~rlo,! n.m.q ~[~clhdc ;: I}'O111 cStilllatC~[ tO aClllifl coh;..or tilo ('Oll[l'[lCqOl' 'l!il2 .qlllm~ili'c,l~nol i~)oi'c tilall, i1~ 'l 5{)1.(111~ >Olflcl; Ibc tilt! c ted ~ i',h thc t(kliill !}~l' d!c~lasl F:Olllh om'Iht Bud:~i pa? mCHt Ii'om any .sul~scquc:~l clhm, or ~e Gon~tor sha~ (1) Salaries ~;iA' .~ ~ ~.: ~r~h~e,me~ts~alt~e exg!usive ofandsep~ate~r~mp~oyee~h~0.t'~£ttgh~l:&.'g.g taxes~ ~it~ol~xes ~e~b~bie ~y uP0n proo~of dep0~it 0r ~g~eat tb ~e F~e~aFs~te go~e~- 0) A~al F~ge Benefit Costs F~ge ~efitS C~ shou!~e based on acm~ costa. ~o~eVer ~e, Conmctor pays some or all ~ bene, for on dem;m.rl.,F,~h~io~e..;the,.Contra~o.~ 2em?q~thnt ~) Tra~el'~s ~ Co~t~9r ~ees ~at mimb~sement for travel ~d conference costs ~tl not exc~d moors 0) ~xes The char~s payable to the Contractor ~der t~s A~eement ~e exclusive of fedeX, state ~d local r~es. th~y:b¢~g a municipahty exempt from th~pa~ent of such taxes. (m) Fiji Repo~ and Claim NO later ~ ~o (2) mont~ after Ce close of each Budget Period, ~less othenh~ ~e~ed by the You~ B~ea~ ~Con~acror shall sub~t a final repog sm~zing ~e conduct of~e Proem ~d indi. ca,rig the tot~}~ber of ~dividuals p~cipating in e~h of its components for the entke Budget Period; toge~er with a~! OCcounting ~d a final-request for pa~ent o~ ~1 approved expendi~es then remaining ~p~d. (n) :A~ement Subject to Appropriation of Funds This A~e~nt is:subject to the ~oum ofhnds appropriated ~d ~y subsequem modifications thereof by the S~f~ Cocfl~ Legislature, and no habdrty shall be mcu~ed by ~e Co~ty under ~ls A~eemeqt be~ ~e ~ount of ~nds appropriated by the ~gistm~e for the progrm cover~ by A~eemem. (a) ~R~ments Contingent upon Receipt of Aid I~the O~e Of Childrm ~d Family Se~ices (~e "OCFS") or ~y o~er State or Feder~ govern- ment dep~e~ ~ a~ncy f~ng ~is A~eemenr ~ whole or in pm should f~l to approve aid in reim- b~semen/to th~C0~ty Zor pa~ts made hereunder by~e Co~ to the Con. actor for e~endi~es made d~g ~e t~ ot t~s. A~eement because of ~y act, ore, sion or negligence on the p~ of the Con- YO 2 (5/03) Page 4 of 18 pages of Exhibit A tractor, then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by such department or agency, and the County's obligation shall be reduced by any such amounts. In such an event, if there should be a balance due to the County after it has made a final payment to the Contractor, the Contractor agrees promptly to reimburse the County the amount of the bal- ance due the County by check to the order of the Suffolk County Treasurer. The provisions of this subpara- graph shall survive the expiration or termination of the Agreement. (p) Payments Contingent Upon State/Federal Funding Payments under this Agreement are subject to and contingent upon continued fund_lng by the State and/or Federal Government(s). If, for any reason, the full amount of such funding is. not made available to the County, 'this Agreement may be terminated in whole or in parr, or the amount payable to the Contractor may be reduced, at the discretion of the Youth Bureau, provided that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction to the extent that funds are available to the Youth Bureau for paymem of such costs. (q) Contractor's Staff The County shall have the right to prior approval of the filling of any position now vacant or hereaf- ter becoming vacant and may, in the exemise of that right; promulgate reasonable regulations involving po- sition control which shall, when promulgated, be deemed to be incorporated by reference in and be made part of this Agreement. The additional paragraph below headed "Contractor's Staff" in this Exhibit A estab- lishes the current procedure for approval of such staff and may be modified in the event of notification un- der a County budget deficiency plan as provided below. (r) Salary Increases · . No salary, wage or other compensation for services shall be increased over the amount stated in the. Budget without the prior written approval of the County. (s) Budget Deficiency Plan The County has imposed and may impose a budget deficiency plan(s). Upon written notification from the Youth Bureau, the Contractor shall comply with the same restrictions as are imposed upon the- Youth Bureau, a copy of which will be furnished with guch notification and shall thereupon be deemed to be incorporated by reference in and made part of this Agreement. 4. Accounting Procedures _ (a) The Contractor shall maintain separate records of account concerning all costs incurred by the Contractor in the performance of this Agreement and all income relating to the program funded Under this Agreement in accordance with generally accepted accounting principles and consents to audit and in- spection by the Youth Bureau, the County, New York State and the Federal Govermnent of all plant, facili- ties, books and other financial and statistical data, and programmatic records, whether related to this Agreement or other~vise (in the case of towns or other municipal corporations, only as they relate to this Agreement) Such access is granted not~vithstanding any exemption from disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and commercial information or financial information that is privileged or confidential.. Such records shall be ma'mtained for a period of seven (7) years from the date of termination or expiration of this Agreement. Specific records shall be kept as to the hours of all personnel. YO 2 (5/03) Page 5 of 18 pages of Exhibit A ' {b) The~ontract0r si~! comply, ~for_ the pro. gram fired%ok, under thi~ Agre~m~ejat,.wilh the '.'Regu- laticcns f°r. Acco~Untlng Pmcedargs for Contract Agencies", promulgated by th~ Department oTkudit and ~o~1 x)f Suffolk Country, :y!th~the,You;h Bm.au Manual on Age¢cy Opemtmns, and w/th any amend- ments(to either or them' d~g the term of this Agreement. 5. Pi~rsonnCl Salaries~ P6nsion and Emp[0~yee Benefit Plans, Rules and Procednres ~, . W~e~eygr, r,~eq, uegt~d b.¥ t!~e Y~oqth~Buregu or.~e. Deparm~jent.~)f~ud/t and, Congol, the Contractor ..... . · , I. , .... .. .P .... ~d[l~.~ , :..copy'ol'its pcr.qbnncl i al,.., ,.h:l j)io~2ctt:ll'C~ ;md ~m', -;t,Jlsct. itlCllt'ipod~l~cl, ltRHl~ thcrcbf, a cop5 of its 'cttc.qct,a~ ch : :t ..., '~ , ~' )c ¢ , IA. II C,.h,lJ'hh ...dt,,) L'.i~',',,..Ih' ees. 6~ Financial Statementsand Audit Requirements other reporting or certificati6n requirements of Federal, State or local ~deper/dent licensed public accountant or certified ~to audit its financial statements for each Con~'actor fiscal year in which or wil~:re~eive,?$3O0,000 or more fi:om the County, whether under this Agree- >perations of the expenses, attested by the Auditor as records of the Contractorin accordance.with generally to:~olicit r6quests for proposals-(RFPs) fi:om.a cr'o.l'm~al'i,']cd accotm:2n~ firm§and, to rev/ew caeerully the~costs o~ and qual~ficat/ons for; this type of Auditor. '~ requited to meet th6 following minimum requir~mems: ~0~ ~ ..~ a c~arrent license lssue, d by the New York State Ed..uCation Departmen~t¢ ~,tb su~cien~ auditing experience in the nonprofit, gowmmental bi' profit-making areas as apph~ble; and (iii) a satisfactory lJe6i4regiew issued within not more than three years prior to the date when the Auditor was selected to conduct the andit. (c) The audit must t~e cor~duetec~ ih accordance with generally gccepted governmental auditing standards (GAGAS). Finanvial statementsmustsclearly differentiate bet~ween County, funded programs and other programs that the Contra:ctgr my.be qper~ting. The use of subsidiary schedules should be encouraged for th~s purpose. The Auditor rau~i al~o pre~are, a management letter based on the antht. YO 2 (5/03) Page 6 of 18 pages of Exhibit A (d) Furthermore, if the Contractor is a non-profit organization or unit of local govenu'nent and expends $300,000 or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a snbrecipient expending Federal awards received from a pass- through entity, such as New York State or Suffolk County, during any fiscal period within which it~receives funding under this Agreement ("fiscal year"), the audit must be conducted, and the audit report ("Single Audit Report") must be, in accordance with OMB Cimular No. A-133 (revised June 24, 1997). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass-through en- tity, to the extent required by the OMB Circular just referred to. (e) The Contractor must submit a statement in writing, certified by its chief financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal year. The Con- tractor must mail or deliver the certified statement to the Youth Bureau and to Elizabeth Tesoriero, Execu- tive Director of Auditing Services, Suffolk County Deparunent of Audit and Control, H. Lee Dennison th Building - 9 Floor, 100 Veterans Memorial Highway, P. O. Box 6100, Hauppauge, New York · 11788-0099, as soon as possible after the end of the Contractor's fiscal year. The statement should include ALL Federal funding received directly from the Federal government and ALL Federal funds passed through from the County and other pass-through entities (f) Copies of all financial statements, management letters, Single Audit Reports (if applicable) and other audit reports, if required, must be transmitted tothe Youth Bureau and to Ms. Tesoriero at the ad; dress just set forth. The reports must be submitted within th'n-ty (30) days after completion of the audit, but in no event later than nine (9) months after the end of the Contractor'S fiscal period to which the audit re- lates. (g) These requirements do not preclude the Youth Bureau or the Suffolk County Comptroller or their authorized representatives or Federal or State auditors from auditing the records of the Contractor, Therefore, the records of the Contractor must be made available to authorized representatives of Federal, State or County governraent for that purpose. (h) All payments made under this Agreement are subject to audit by the Suffolk County Comp- troller pursuant to Article V of the Suffolk County Charter. The Contractor further agrees that the County Comptroller and the Youth Bureau shall have access to .and the right to examine, audit, excerpt, copy or transcribe any pertinent transactions or other records relating to services under this Agreement. If the Con- tractor fails to cooperate with an audit by the Comptroller, the County shall have the right to suspend or par- tially withhold payments under this Agreement or under any other agreement between the parties until such cooperation is forthcoming. If such an audit discloses overpayments by the County to the Contractor, within thirty (30) days after the issuance of an official audit report by the Comptroller or his duly designated repre- sentatives, the Contractor shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no response or if satisfactory repayments are not made, the County may recoup overpayments from any amounts due or becoming due to the Contractor from the County under this Agreement or otherwise. (i) The provisions of the foregoing subparagraphs (a) through (h) of this paragraph shall survive the expiration or termination of this Agreement. 7. Furniture, Fixtures, Equipment, Materials, Supplies (a) Purchases, etc. Requiring Prior Approval Prior to placing any order to purchase, rent or lease any furniture, fixtures, or equipment, (i) valued in excess of three hundred dollars ($300.00) per unit, or (ii) included but not itemized, in the Budget, the YO 2 (5/03) Page 7 of 18 pages of Exhibit A Conlractor shall submit to the County a written request for aPProval to make such a proposed purchase, rental or lease, with a !ist showing the quantity and d~script~n o~each item, its inteqdcd lo,c ,ation and. use, es~mated trait ph~e or cost, extended, price or cost and esfimatedtotal cost of the proposed order, Written ,, ~appro~al,of the Chanty Shall be reqnired-,before'the: C0ntr aqt0r:may proceed with such propo~d purchase, 'k~tal or lease of ~itare, x£ixmres o'r equi ment Atl~ items pur~llased must be new unless sp, eci[malty de- Scribed otherwise in the Bmigt~t. The Contractor a~ees to fo Cw al! cf the ~e. peml prac~ces that are desigged t~ obtail3 furniture, fix- 'C,. ct.t .~ 1 C 1 lC 'lals or ,~[Ip.*[ ~', c 11osi r.'asollal)!~'c~o! {;~-possiBIe. The C9~ mserv~ th,~ ri,::.ht Io;pul'cl'lascg,l:o'lm!h~ 2, tl~,' ('q::l:~¢iOf i'ulnit:ll'c, fi~e~S~,eq~lipme¢,l,.ma.t.qriaTs or2supp'lies which ~' ,' ,eip~¢~i'. ',['k'~.. . ..:'i t. c.,t'l - ..' ' .... c ,.c~qo ..sAg~eement,, fthcCountYclcrcise,s~rjght,, _ , . ilo aillOl, q liud"¢fi:d: Ii,: ihc'h,'i;i~ q} [}tircl'u,cti~-' obt,incd b\' fh~c CoS~t\-for the Con..~a¢Ior sh~tT nnt be 11~ iii J:lbl~* lO thc' (.'Olllr;~lJ'lO!2 ]iii' illl}:,Jllil'j'~o!-,2 3~ Ila[>o¢~ ct. 'I'll lc io ,Iq.~ bi k:Jl J;.ClIIS plll'Cll;IC,,N J.or o:;lel tajllcd.I,'L,,{ iI;t.~('.ful~!.x:ibr~hcd'l'O.,.d a!ll.;l:,¢d.¢l~l rHMcd lo;Iht ('ol!ll'i~c:ol sindl rcm;tin in dN ('Cl.!Il}. ('omracLor slY~i'll.~utJa~fh' !;~l>~l~fi',klica~hlg 'lhe:( ]ei!]~l.~ 's o:a uen, hi:) il'l!ic ('oL'r, y ha.- noi dom: ,,.,,,,}-ih,i,-:' The Co~:s~I~ ~ a l~roprietary interest in all furniture, removable f~xmres, eqUipment~ maren- als or supplies ~a~th~e~r~q~.la~r~. by the Contractor and paid for pr rmmbnrsed to tke~C6ntractor pursu- an~ t,) the icm:s p[}thi'sl. ,~!:~:,cc.n ?.0l ,or :,!:., !,'!ol or of an3' I'UllCV. al [il~.T~.'o.A~l[t!.v.~dl'~-[~k.,.HIHllall~.,. OI con pl~ \~!ti~ fi:.,'.Le -.'}k~.~ ' .c .\, rccmc:'t, k ,.'~¢t¢~yo.ftheContractor its o"vd ;c..>. or tl~,* Ihilm c.[,;:iih¢ (.'b-I~a?,,r it) .,,:li~l~ an,y judgment aga, nst in~ t::c ('~:llq,,',ii'.:!li~ i~:..', c q~: "i'.d:i i, h:kc lq:i, .,, ,nd possession equipment, t ? without · th~ G6ntmctor shall inter- and equipment~ ~,li_e~ords, C~ntrols and Reports The ConLrr~¢t¢p shalJ m~nt~ pro~ ~d acc~am ~ventoW records ~d consols f~ ~ such ~mi- ~e, removable~es ~d equipment acq~ed p~su~t to this A~eemen( ~d ~1 prior a~eemenB, ~ T~ee ~3) monks before ~e te~afion date of this A~e~menh ~e Con.actor sh~l m~e ; of fumi~e, removable ~mres ~d eq~pment ~ ks custody, ~oresaid ~ventoW r~ords. A r~o~ scrag fo~h theresultS 0f such physi- c~ c ~e Cofi~actor on a fo~ or fo~.desi~ated by ~e Co~ty,~ce~ifie~ ~d s~ of ~e Con,actor, ~d one (1) copy ~ereof sh~l be del~ered to ~e~Co~ty ~hysic~ co~t. WitCh five (5) days after ~e re~ina- tion to ~e Cgunty s~: (~ copies of the sine repo~ up- dated to the ' 2'~ ......... &~eement, ce~i~ed ~d si~ by an au~ofized official of ~e Con- , ~ ~l ~ ~ ~ r ' ~actor. bas~ . ~ items of fumit~e, remo~le fix~es ~d equi~ent on ~e afor~- sa~d t~a~ ~d, rewsed, ~f necess~y to include ~y i~entory ch~es during the last ~ee (3) ~n~ off th~ l~0f:~s A~ment. YO 2 (5/03) Page 8 of 18 pages of Exhibit A (e) Protection of Property in Contractor's Custody The Contractor shall maintain vigilance and take alt reasonable precautions to protect the furniture, fixtures, equipment, materials or supplies in its custody against damage or loss by fire, burglary, theft, dis- appearance, vandalism or misuse. In the event of burglary, theft, vandalism or disappearance o£any item of furniture, fixtures, equipment, materials or supplies, the Contractor shall immediately noti£y the police and make a record thereof, including a record of the results of any investigation which may be made thereon. In the event of loss of or damage to any item of furniture, fixtures, equipment, materials or supplies from any cause, the Contractor immediately shall send the County a detailed, written report thereon. (f) Disposition of Property in Contractor's Custody Upon term/nation of the County's funding of the Program covered by this Agreement or by any re- newal hereof, or at any other time that the County may direct, the Contractor shall make access available and render all necessary assistance for physical removal by the County or its designee of any or all furniture, removable fixtures, equipment, materials or supplies in the Contractor's custody in which the County has a proprietary interest, in the same condition as such property was received by the Contractor, reasonable wear and tear excepted. Any disposition, settlements or adjustrnents connected with such property shall be in ac- curdance with the rules and regulations of the County and the State of New York. 8. Lease or Rental Agreements If lease payments or rental costs are included in the Budget as an item of expense reimbursable by the County, the Contractor agrees to submit to the Youth Bureau, on request, any lease and/or rental agree- ment that the Contractor has entered into for space, furniture, fixtures or equipment for the program and, m advance, any such new or renewal lease or agreement during the term of this Agreement, accompanied (in- the case of a lease of space) by a detailed layout oft he premises, which indicates the space that is to be oc- cupied by the County-funded program. 9. Loan Approval The Contractor agrees that, in the event that the County provides fimding (under this Agreement and otherwise) exceeding in the aggregate 20 percent o£ the Contractor's total funding for all of its operations from all sources, then the Contractor must secure the prior approval of the Cbunty for any loan m excess of $5,000.00. 10. Contractor's Staff (a) Resumes The Contractor, at its own expense, agrees to furnish to Youth Bureau resumes of all personnel to be hired for the program referred to in this Agreement, prior to their being hired. Resumes shall include, but not be limited to: (i) Previous job titles(s) of the individual employee and the length of employ- merit under each title; and/or (ii) Previous experience and length of previous experience with a task or tasks similar or equal to the program. (b) Contractor Letters The Contractor agrees to furnish to the Connty letter(s) regarding all personnel to be hired for the program. The letter(s) shall include, but not be limited to: YO 2 (5/03) Page 9 of 18 pages of Exhibit A 5/14/2003 4:03 PM H:\MUNLAW~PmBYouth\YO2 ~xA0a. Doc (i) The spedific taSks tO be performed by tire individual employees during the course of the program; (ii) Salaries and hours to be worked by the individual employees during the course of the program. (c) County Approval The-Courr/y re~er~esthe ~ght to approve principal program personnel proposed by the Contractor the t~m¢ of entering m~o ~s~ A~SemeCt, Reasons for the County not approwng smd personnel shatI be for tack (~?clu~,, !i~catton o~ by the Contractc~r that sad p~opo~ed~personuel will not have a klelet~fio~ g~f~ct~ofi tl~ '~21~ ~ e~ent ~p~rat~Ou o~the p~bgrarm (d) Job DescriPtions, Qnalifications ~e Conn-acmr w~ .,nqrn/:nato to the Youth Bureau a project dkec, to~: cho~ s.en. on thebas/:s of the job _._ descrip(on b~log, ~he,l~'.,,~t~ p£~e Youth Bureau shall review saeh nomilmtiOns and 1flay confi~ them,- Other staffpomO.~s proxh'~letl*f0~:m Ibm Agreement val~ be filled m accordance,~ith,wmtert job descnp- tionsas 'o,[acdbcloxx. [(mp!6.~mcH:of./mystaffmemberunderthe, termsol'thisAgreemen~ghatlbesub- ject m ongoing m~ew~ ,~'~g~ter~,X and apfi~de of the staff member by the Director of the Your& Bureau or his/her desxgii~; T. ~Bm;~an ~may recommend~dismrssffi,or!suspensma-,o£anT,staffya:e~m~ under this Agreemet~t,:and .rn~ :¥ or suspend reimbursement £or:clain~;u, pot/thirty,days,motice Contrac~or'iflhe C0r~ra¢~:0t ~aes no~ comply with such recommendations. (i) Pro~ect, Director ,q,.uali fit?fl'ii'~)5:~C..radu[~5,m from an accredited college and/or unive~rsity~with a Master's De- . cc : hecta.. ~. o 'k' ,~ ,. Bachelor's Degree (4 year college degre,e) plus 2 years experience U. ' affes¢ for overall project, hires and frres staff; charrs youth advisory comm~t- t~/t /t d~tscts all Contractor progrm~as; ~s respons~bte'to Board-ofD~rectOrs of me. cCm~,~h-rd: has ~mmechate charge of and responsihihty fdr/'acUity and youth servmes ........ ., ....... ,. ~ services to clients as reC[Uired; selects, giains~a,~d supervises program ·. ',' staff and volunteers; has charge ora petty cash account; makes pur- *h~ses ~:/~nds faads under the directmn of-the treasurer of the corporafioaor such other ot~iiers~¢~ard of the corporatmn may direct. (h') YoUth Worker A. ©t~tfi¢~i/10~: Bachelor s Degree (4 year college degree from an accredited college). B. Duties: P~tdes counseling, group work services, and professional supervision in lounge ao- t4vities, iar~esponsibl¢ to the project director. Also shall keep written records and reports of work a~,cp~!l~hed shall demonstrate ability to learn ability to relate successfully to clients ai~d tho c~un~t}~ ~and capacity for development m professmnal use of selfm relationships (iii) Pit0gi'am Aides A. Q~alifieati~v. st High School Diploma, and preferably with some paid experience in youth work B. Dnties: R~orr to project director; shall carry out assignments as paraprofessionals; shall keep written records and reports of work accomplished; shall demonstrate ability ro learn, Ye 2 (5/03) Page 10 of 18 pages of Exhibit A ability to relate successfully to clients and community, and capacity for development in pro- fessional use of self in relationships. See also the paragraph headed, "Contractor's Staff' of Article 3 of this exhibit A. 11. Statement of other Contracts The Contractor has attached, and in the event of any change, will attach to any exrensmn agree- ment/amendment of this Agreement. a Statement of Other Contracts in the form.annexed to this Agreement~ The Contractor represents and warrants that any such Statement-of Other Contracts is and will be a complete list of all other contracts (i) which are currently in effect or (ii) ~vkich have expired within the past 12 months and have not been renewed, and under which funds have been, are being or will be received by the Contractor from any department or agency of the County, the United Stares of America, the State of New York or other municipalities or organizations. 12. Offset of Arrears or Default The Contractor warrants that it is not, and shall not be during the term of this Agreemem, in arrears to the County for taxes or upon debt or contract and is not, and shall not be during the term of this Agree- ment, in default as surety, contractor or otherwise on any obligation to the County, and the Contractor agrees that the County may withhold the amount of any such arrearage or default from amounts payable to the Contractor under this Agreement. 13. Confidentiality (a) The Contractor expressly agrees to preserve the confidentiality of all data and information shared, received, collected, or obtained as a result of this Agreement. No disclosure, redisclosure or release of such data or information is to be made, permitted, or encouraged by the Contractor or its officers or em- ployees, except as expressly authorized by taw. It is further understood and agreed that no such data or in- formation is to be used for personal benefit. The Contractor further agrees that its employees shall be spe- cifically instructed in regard to their obligation to keep such data and information in confidence and their liability upon breach of confidentiality to all the penalties:prescribed by law. (b) The Contractor further agrees to in~plement such procedures for safeguarding information as the Youth Bureau shall require. The Contractor further agrees to inderrmify and hold the County. and the Youth Bureau harmless against any loss, damage, cost or expense arising out of any suit, claim or demand which may be brought or made against the County or the Youth Bureau by reason of a breach of these pro- visions. (c) In addition, the Contractor agrees to maintain the confidentiality of all information ih con- fortuity with the provisions of applicable local, State and Federal laws and regulations. 14. Child Sex Abuse The Contractor agrees to comply with the following Suffolk County resolutions, as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. · Resolution No. 543-2002, Established a Suffolk County Child Sexual Abuse Reporting Pot- icy. · Resolution No. 819-2002 Modifying (Resolution 543-2002) Suffolk County's Child Sexual Abuse Reporting Policy. YO 2 (5/03) Page ! 1 of 18 pages of Exhibit A 15. Gratuities The.Contractor a:epresents'and warrants=that it has.not offered of given any gratuity to any official, employee or agent.of Suffolk County or New York State or of~any political:party, with the purpose of intent of secm-ing.~favorab!e treatme~nt with respect t0. the aw~d'.~, or mending ,Of an agreement or the making of any de/ermi/nafipp~s with mspeqt~to ~he performanc~e e£, ~ma .agreement, and that ~he sider of this~ Agreement has read an'dis familiar with'the provisi0Iis of Locai Law No. 32-1980 0fSuffolk Comay (Chapter 3'86 of the 8~ folk County Code). ~ ~im.~.~t(ir~?..nresents and warcants that, unless exempt, tt has fi[~d,~w~th the Comptroller of Suf- Ibik ('din".l:'fi,J:'x'¢rificd ,(.'bl:v'di~cld-m'c - ;qcmentii~uiredby:SuffotlcC.;o~l Adminkistrafive CodeSec- t, \:-,:n', sk. ct t.~( c ~ ,'. - 'c. 'c~ '.) ,I,lllLb'lry ill :L".':C h'~'e'3 r o1' fi:fi> .\~!rc;;;pclil'b tiH;l tim~. '1 I,c i 'OUt ra:~te~r,g0knO~l~eg~s that such filing is a.mate- rial. co'flti"t~tunl'{mi~i. Llfi}tff6rv th,Iv m:d Ihai ~hc Failure to:fil~ .~:.~h .emtCw.~nt s.h. al] constitute a material brcac}~.~,)i q]~'ls...~.~rxt(qne~l[, lot ,a ql¢]! ill,"( OLHI~ shalFtse CI~Hllod.'H:)OH ii dclc~ IllliltllIOi: that such breach has ccc 'c,~{;f,. . ~}',~ds..'Hrtt~'t. . . . : Io.!.'olht'iog?lremedics. ol'iiflccnpcrc,m..:~iS'~loftheamountofthe .\.kq CC,..q'Oilt:'.'(N~!,h!q 11111}2,'1'~,,.1'~O. !ctjdlrc,: i.I Ill;, (}o~.tlaotor 17. mr ct.r , - .c~ !tl',c Ct - ,' to the County shall be that o£ a~.jndependent contractor The Con- tractor, m :lCgt~l'{. tJgg'c .'..ti il il. Jla <l;tl'~ ,t, :., indeucndent contractoz~ eo~renmi~s and agrees that neither the ( ', ,au'::ca*r,;'J°r. a'fi.'..D i'. . its o;'i!c~i'< d ".','.o,s or. employees will hold itsdfor kh~nselves, · . out as, or claim to be, all O.llt.~.l el Cl.,..J~'!~.~;.'t.'C.OI tn:': Ouql.', ?.~ ~easonoEth/$ Agree.men:, andt~?n~?her it nor anyofthemwfll, b? I'¢;Ist)Ji li.~;j ce.I,', i,Ililke ;l:J.~ c:aJlU, d,)"'l.lld or applicatiori to Or for any ri~ t;r privilege appIicable to an ct-:: :: .... :.' e??; ........:'. lxttaxot limited to, W..orkerg Cqm~pansafiun co:¢erage, unem- pi . . . ',' ' coverage, or rettrem~em, me~¢¢~p or credits 1~1. s~t~ 0~ou, Board Meetings (~'~6?d",'a'ch',,' s'Sal~ O:::'[,::' !h., Y6,W' ..qm',~a:: ,.vi/h certifi6d copies of its Certificate of In-- c,n':x,r:,'i;lnh;.'i*.[tl~',ih!:~.s, ii,cl:kl ~ ,,. ~ a',c" :: c' s ¢. c c } thefimeitsi~ns this Agreement to the ex- ;,,'.,,~"c'~"??;ic"~..-[,! .'h"",'"l '. .... . · ,:. , ~p,lnpll~}~.l,xt~l I:,,:11 d,!oDl~}.!~ ~...a ;: .h.: ,' .,~.' P,,.~'d nlcnlllers govelanA1~ the Contractor from tjme to . .,. ; '. '.[ . ,: , ~, ( m,t U~ 6 ',>aa..L~'t, ,:ws0'".¢ a:". c'..i,.hv-, ,:o"~ >';: o, or establish ait,-~ new corporation with the !e>;;o" ~1~ h',~ ¢[idli~l~'.exn,,,r;:t~,m o= ~..~¢:m ~*:.i :? .,. ~:h,,,~ C', p~ ice,written gpl:!ro~al of the Youth Bureau. {~) ~ntes, o f the Csntra. ~tor s armual board meeting and one otl~r board meeting, no longer ,, ,, , ~e:forwarded. to the'¥outNBureatt xvi~:'n two (2) weeks after the con- 19. ~,~, ~ and Indemffificatloa ~ (:~}5~ ?~¢l~.'~k~.' I~rra~tor~agr~es to procure, pay the entire premmm for and mmntmn throughout the term o£~ insurance in amounts and types specified by the County. Unless otherwise specified by the C~ d to by the.Contractor, in wdting~ such insurance will be as follows: Commer?ta[ General Liability Insurance, including contractual coverage, hi an.amoBffi ~t less ;han Two Million Dollars ($2,000,000.00) combined sin- gle limit foi~o6dily injury and'property damage per occurrence. Ye 2 (5/03) Page 12 of 18 pages of Exhibit A 5114/2003 4:03 PM H:~MUN LAW~P mjWout h~YO2 ExA 03.DOC (ii) Automobile Liability Insurance (if any vehicles are used in the perfonnance of this Agreement) in an amount not less than Three Hundred Thousand Dol- lars ($300,000.00) combined single limit for bodily injury and property dam- age per occurrence. (iii) Professional Liability/Errors and Omissions Insurance in an amount not . less than Two Million Dollars ($2,000,000.00) on either a per occurrence or claims made coverage basis. (iv) Workers' Compensation and Employer's Liability Insurance in compli- ance with all applicable New York State laws and regulations and Disability Benefitslnsurance if required by law and shall have furnished to the County prior to its execution of this Agreement the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§ 57 and 220 of the Workers' Compensation Law. In accordance with General Mtmicipal Law § 108, this Agreement shall be void and of no effect unless the Contractor shall provide and maintain cover- age during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. (v) Fidelity Bonds providing comprehensive coverage against dishonesty, disap- pearance and destruction of money and securities for all personnel who have access to or sign checks, or have care, custody or control of fands or property entrusted to the Contractor under the terms of this Agreement. (b)- All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating orA- or better licensed to do business in the State of New York. (c) The Contractor shall famish to the County certificates of insurance or, onrequest, original policies, evidencing compliance with the aforesaid insurance requirements. In the case of commercial gen- eral liability insurance, said certificates or other evidence of insurance shall name the County of Suffolk as an additional insured. All such certificates or other evidence of insurance shall provide for the County of Suffolk to be a certificate holder and to be notified in writing thirty (30) days prior to any cancellation, non-. renewal or material change. Such certificates, policies or other evidence of insurance and notices shall be mailed to the Youth Bureau at its address on the cover page of this A~eement or at such other address of · which the County shall have given the Contractor notice in writing. If the Contractor is a lovq'n or other mu- nicipal corporation and has a self-insurance program under which it acts as a self-insurer for any of such re- quired coverage, it may provide self-fanded coverage and certificates or other evidence of such self- insurance in,lieu of insurance issued by insurance companies. (d) The Contractor shall indemnify and hold harmless the County, the State of New York, its de- partments and agencies (including without limitation the Office of Children and Family Services), their con- sultants (if any), employees and agents from and against all claims, costs, judgments, liens, encumbrances and expenses, including attorneys' fees. arising out of the acts or omissions or negligence of the Contractor, its agents, employees or subcontractors in connection with the services described or referred to in this Agreement. 20. Addresses for Notices, Claims and Reports (a) Any communications, notice, claim for payment, report or other submission necessary or re- quired to be made by the Contractor to the County, shall be deemed to have been duly made upon receipt by YO 2 (5/03) Page 13 of 18 pages of Exhibit A the County at the'Youth Bureau address specified"on the ~t~ver page of this Agreement or in a written notice to the Contractor from the Director of the Yin/th Bttreau. . Cp)~ The .Co~ty ~sh~ alj,~ai!L,~tny 9ommunicafio~; notice, or o~h,er sub,mission to the Contractor at ~ it~ atSdres~ on th~'e?er!P,a,~ib~'~!s ~reemenfbr such Othe~ addre~s~ ~f'which the Contractor ~hall have given the Count~Wfitten (C), ,, Any communication pr notice regard/ng termination or litigation shal! also be sent to the fol- lowing ~' ~dr~s~'es o~ at 6a~ch other addresses that may be s~ecified/n writing by,the Youth Bureau or the Cuff0tk C~unty'D~artment of Law g., I~e D~ '~on, Bdl~g - 6th Floor r-~atti~artge~ I%w York 11788 ~,- Rol~ert J. Cim~no, County Attorney 21. Nondisgrimina/ti~nin Employment & Affirmative Action The Co~rracror agrees in connection with the performance of this Agreement as follows: (a) ~e Con~¢~r.~hall not discriminate against employees or applicants for employment be- cause of race, creed, colo~,d~onal origin, sex, age, d~sabthty, Vtetnam Era Veteran status or marital status, and will de ge pro ams of af mative ac on to that women and m no.ty group member~are af'for~dlequal employment opportumt~es w~thout d~scramnatmn. Affh'mat~ve action shall mean recraiBrtent, e~ap~loyment, job assignment, promotion, upgradings, demotion, transf~, layoff, or termination and}rates of pay or other forms of compensation. (b), ~p ~nntr.acmr shall require each employment agency, labor unior~ or authorized representa- nye of v .... e-- ~ .... .;~ - ^ * eollecnve bargmnmg or other agreement or understanding, to furmsh a written n'ent agency, labor union or representative will not discriminate on the basis of . .' ..... origin, sex, age, disability, Vietnam Era Veteran status or marital status and that su~ch ~)n or ~,epresentative will affirmatively cooperate in the implementation of the Contractor's obligations lie~ ' ' (C) ~e Con.actor-shall ,.state, ~n alt solic~tatmns or advertisements for-employees, that m the performance o~s~Agre~r~ent, alt qualified apphcants wdl be afforded equal employment oppormmnes without discri, .n~ti:6v~ibecause of ~ce, creed, color, national origin, sex, age, disability, Viemmn Era Veteran status 0~,mantat ks,tatus. 22. Nondis~:ri, mination in Services (a) F,¥0xthermore, the Co~tractor, in providing services under this Agreement, shall not, on the grounds ofracel~reed, color, natmnal origin, sex, age, d~sahihty or marital status. t('i) Deny an individual any services or other benefits provided under the program: (ii) Provide any services or other benefits to an individual Which are different, or are pro- vided in a different manner, from those provided to others under the program; 0'ii) Subject an individual to segregation or separate treatment in any matter related to his/her receipt of any services or other benefits provided under the program; Ye 2 (5/03) Page 14 of 18 pages of Exhibit A (iv) Restrict an individualin any way in the enjoyment of any advantage or privilege en- joyed by others receiving any services or other benefits provided under the program; (v) Treat an individual differently from others in determining whether or not the individ- ual satisfies any eligibility or other requirements or conditions which individuals must meet in order to receive any aid, care, services, or other benefits provided under the program. (b) The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, national origin, sex, age, disability or marital status or have the effect of defeating or substantially impairing accomplishment of the objectives of the program in respect to individuals of a particular race, creed, national origin, sex, age, disability or mari- tal status, in determining: (i) The types of seprices or other benefits to be provided under the program, or (ii) The class of individuals to whom, or the situations in which, such services or other benefits will be provided under the program, or (iii) The class of individuals to be afforded an opportunity to participate in the program. 23. Nonsectarian Declaration The Contractor agrees that all services performed under this Agreement are secular in nature, that no funds received pursuant to this Agreement will be used, and no expenses will be reimbursed, for sectarian purposes or to further the advancement of any religion, and that no services performed under this program will discriminate on the basis of religious belief. Furthermore, the Contractor agrees that all program ser- vines and other benefits of the program(s) funded under this Agreement are and will be available to any per- son without regard to religious belief or affiliation. 24. Work Experience Participation If the Contractor is a nonprofit or governmental agency or institution, each of the Contractor's loca- tions in Suffolk County at which services are provided under this Agreement shall be a work site for public- assistance clients of Suffolk County pursuant to Local Law No. 15-1993 at ali times during the term of this Agreement. ffno Memorandum of Understanding ("MOU") with the Suffolk County Depar~ent.of Labor for work experience is in effect at the begimmng of the term of this Agreement, the Contractor, if it is a non- profit or governmental agency or institution, shall enter into such MOU as soon as possible after the execu- tion of this Agreement and failure to enter into or m perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with this Agreement, for which the Contractor may withhold pay- merit, terminate this Agreement or exercise such other remedies as may be appropriate in the circumstances. 25. Human Services Division Technical Assistance and Training (a) The Contractor agrees to participate in the Human Services Division Technical Assistance and Training Program. Such agreed participation will include staff train'mg on the topic of HIV/AIDS and not more than three (3) days per year attendance at training on topics that may include, but not be l'[mited to, contract fmanciaI reporting, the setting of service goals and objectives, and program development. (b) The Contractor may participate, ar its election, in any additional training made available by the Human Services Division. YO 2 (5/03) Page 15 of 18 pages of Exhibit A 26. Publications, Copyrights and Patents (a) Publications The Contrac,t~r:~l not issue or publish any book, article announcement, report ~r~ther pub[ica- tion i~elafi~ g to rt~: ~e!Sttbject program without prior wnttei~permtssmu from thc~ Co~r~ty. Any such printed matter'"~rqother l~tl~l~fior~ Stroll bear tl~¢ following'statement in c~ear and legible-print: · · ~ . ~p~p~qafion is fu~i~ or partially funded by the Suffolk County .Execu- tiqart~ S O~fid~ - Robert J:'GatYfiqey, Coun~ Execui:ive" (b) CoFYr ,'~s , ~,~he. wp~r~kOf~t!~e.Gontractor under this Agreement should result in the p[odu~fion of original books, mknual~. :i~!mS~ icfiaN for which a copyright may be granted, the Coh¢~td~may secure copy- ~ ,,~',i: m~rccmm.~l I~>,xx ex' c~. thc ('ounty reserves, and the Contractor hereby give'st9 th~e Cottony, and to any othcr mumc~ :;d a~;[[.' cox c; n;~,c, agency or body designated bythe County, aroyalty-~ee; nonexclus~ve "' ' :. :;3 ,~;'~' ;", , - , l',..h>,~ tO DIodt'~.,~: Ic!nIO,,t.¢.~.. i~,~blish, transhte or otherwse use anysuch matcrmls. .~Vahe trader thru Agreement makes any discovery or mventton m the course o£ or as a re- sult of work rider this Agreement, the Contractor may.apPly for and~,&ecure for ttselfpatent pro~ tection,How b~y reserves, and the Contractor hereb~ giv.es to the ~&~mty, and to any other mu- nicipalit3~ or ~L3~{:,4 acr..c.. ,',r body d~ignated by the Cottony, a r0yakty-f~ee nonexclusive license to produce or od~?.x~j~N,..' m.c ,tn~. n~'n: So d!scove~ed or patented. 27, Infor~qn~ccess Stu~iccg]t~l~,:l¢ ;lCphc;~ ~ c m'ovislons oI law or regulattons, the-Youth Bureau shall not oe demed ac- cesstoa'L', :~ , .l,Ol. ~,;o~,.,.,,:.reportsthat arewxthinthepurmewofthmAgreement. 28. Coop&on~ Clamas The Cor~Aq~..gr~ggrees ro render diligently to the County any and all cooperation, without additional compemataon,~t.?m~be reqmred to defend the County agmnst any clanns, dem~ and, or actton that may be brought agams~¢~!Comq~ty m connecaon w~th th~s Agreement. 29. Assigmnent and Subcontracting (a) The Contractor shall not assign, transfer, convey, sublet, or otherwxse dispose of this Agree- ment, or any of~i~ I65eht, title or interest therein or its power to execute this Agreemem or assign all or any portion of the ~iq'~ ~a~ may be due or become due thereunder, to any other person or corporation, with- out the prior con;s~13~ in 3xxriting of the County, and any attempt to do any of the foregoing without such con- sent sh~ll be 0f~.,e~feci. (b) ~lke ~:ontractor shall not enter into subcontracts for any of the work contemplated under this Agreement wittLt~. ~obtaining prior written approval of the Youth Bureau Such subcontracts shall be subject to all of the pro~¢~o~s,of~h~s Agreement and to such other conditions and provisions as the Youth Bureau ~: ~' [ . . . . . . . may deem neces~tW; promded; however, that notwithstanding the foregoing, unless otherwtse promded m this Agreemer~; s~eh priqr written approval shall not be required for the purchase of articles, supplies, equipment and ~ces w~lfich are incidental to, but necessary for, the performance of the work required un- der this Agreemen;. 5No approval b.'. the Youth Bureau of any subcontract shall provide for the incurrence of YO 2 (5/03) Page 16 of ~8 pages of Exhibit A any obhgation by the County in addition to the total agreed u_pon price. The Contractor shall be responsible for the performance of any subcontractor for the delivery Of service. 30. Right to Renegotiate The Contractor hereby agrees that this Agreement may be renegotiated (i) in the event that the State or Federal department or agency, if any, funding this Agreement in whole or in part or otherwise having ju- risdiction, issues new regalations that impose new or additional requirements on either the County or the Contractor, or (ii) in the event of substantial changes in applicable laws or regulations, affecting the Con- tractor's or the County's obligations under this Agreement. 31. Termination (a) If the Contractor fails to fulfill in a timely and proper manner its obligations under this Agreement, or ii'the Contractor becomes bankrupt or insolvent or falsifies its records or reports, or misuses its funds from whateyer source, the County may terminate this Agreement in whole or with respect to any identifiable part of the program, effective immediately, or, at its option, effective at a later date specified in' the notice of such termination to the Contractor. (b) If the County shall deem it in its best interest to terminate this Agreement in whole or with respect to any identifiable part of the program, it shall have the right to do so by giving not less than thirty (30) days' prior written notice to the Contractor. (c) The Contractor may terminate this Agreement by giving not less than sixty (60) days' prior written notice (or thirty (30) days' prior written notice if substantial breach of contract is involved) to the Youth Bureau, specifying the reasons for termination and the effective date of termination. (d) The County shall be released from any and all responsibilities and obligatiOns arising from the Program covered by this Agreement, effective as of the date of termination, but the County shall be re- sponsible for payment of all claims for services provided and costs incurred by the Contractor prior to ter- mination of this Agreement, that are pursuant to, and after the Contractor's compliance with, the terms and conditions of this Agreement. (e) Notice of termination must be in writing, signed by an authorized official, and sent to the other party by certified mail, or by messenger, and receipt shall be requested: Notice of termination shall be deemed delivered as of the date of its posting by certified mail or at the time it is delivered to the other party by messenger. 32. Severability; No Implied Waiver (a) It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall, to any extent, be held invalid or unenforceable, the rerrminder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby; and every other term and provi- sion of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (b) No waiver shall be inferred from any failure or forbearance of the County to enforce any provision of this Agreement in any particular instance or instances, but the same shall otherwise remain in full force and effect notwithstanding any such failure or forbearance. Yo 2 (5/03) Page 17 of 18 pages of Exhibit A 33. Merger; No Oral Changes · It .is~pressly agreed~that this Agreement ~epresents the entire agreement,.of thee:parties, tha~all pre- vious undeigt~ ,~Jng~ ~ merged in this ~grecment, and that no modification of ~S Agreement sh~ll f~e: valid unle~s~ ,written and executed by both~parfies. 34. Inconsistent Provisions The provisions of Exhibit A shall prevail over inconsistent provisions of any other Exhibit and over any other c[?~..~umeax no~ specifieo~tly ,eferred to in this Agreement or made .p, art t_.h~r~e?~ ~ Agre?.mea~t o~r ; "~ '~' · ' ~ ' ' ed b both arties, exee t to ~e ext~',ttmt's~ch prov~s~ons~o~ Exhibit A are specifically referred to an~ amended or superseded by such ments End of Text of Exhibit A-- YO 2 (5/03) Page 18 of 18 pages of Exhibit 3/ 70010S004 Sponsoring MunlcipaF~W: ~ b~.TFFOTt~ County: ~TF~O~LL~ Implementing Total Agency: ~ O]~ ~,_T[~*HO}JD Program Budget $ (100%) Program OCFS Fuads Title: :~¢J~-~O~D YO[J~J~[ S~v-]~C~ Requested $ ( % of total) Agency Address: r~ ~ [V~ ~) ~OT.T~O~D ~ 1~971 Federal ID #: 11-6001939 charities aeg #: NOt Applicable -Joshua Y. Horton, Supervisor E~ Executive Director [] Board Chairperson Period of Actual Program Operation -- From: 01/01/03 To: 12/31/03 (631) 765-1889 (516) 765-1892 PROGRAM SITES -- Most Significant (3 Maximum) NYC ONLY Assembly NYS Senate Local City Council Type Address (Street,City,State,Zip) Dist. No, Dist No. Plan'g Bd. District OFFICE TOWN HALL MAIlq RD 1 1 SOLrlIqOLD 11971 PROGRAM SUMMARY: (MAXIMUM OF 350 CHARACTERS * approximately 45 Words) PREGPJiM IS DEE~t~qED TO DELIVER IND1RriDUAL COUNSELI!~G AND CRISIS tNI~J~V~NTICN ~hli~ICES TO 50 YOUI~. PROGRAM PROFILE Primary Problem/Need519 Secondary Target Population Service Methods 530 Number of Youth / To be Served 50' 840 [] Direct Services will NOT be provided by this program Sex of program participants Male: 45% Female: 55% EthnicRy - Whites: 80% Black: 10 % Hispanic: ~-0 % Native American:__ Age-0~%: 0 % 5-9: 0 % 10-15: 0 % 16-20: 0 % 0 % Problem Need: Target Population: BEHAVIOR PRO~ IN HISTORY oF INVOL~ W/COURT/NOTPLAUmU CRISIS ~I~ U nduplicated Count of Youth and Clients Served (All Activities) 5O O % Other: -- 0% PROGRAM BU. DGET APPENDIX B AGENCY/MUNICIPALITY Town of Southold PROGPoMMTITLE Southold Youth Services PERSONAL SERVICES PO$21TION TITLE OFPAY fW. BW. SM) I TOTAL PERSONAL SERVICES 0) CONTRACTED CERVICES AN D STIPENDS Family Service Leaqu. ' ' Suffolk County TOTALCONT~CTED SERVICES (2) TOTAL MAINTENANCE & OPEt:LATION (3) LIST EQUIPMENT TO BE PURCHASED OR RENTED J, ;' J.'. ' . ... ::' 8.810. FACILITY ~PAIRS TOTAL FACILITY REPAIRS (4) s -0- TOTAL OCFS FUNDS REQUESTED OCFS Town of Sou~01d 3..;.,.,0 Schedule of Payments Advance of Percentage of Advance o£the Total Cost of Agreement as set £orth on page ! of this Agreement or of an amendment. Reimbursement for actual expenses o£the month of January. Reimbursement for actual expenses o£ the month of February. Reimbursement for actual expenses o£ the month of March. Reimbursement for actual expenses o£ the month of April. Reimbursement for actual expenses of the month of May. Reimbursement for actual expenses of the month o£June. Reimbursement for actual expenses ogthe month o£ July. Reimbursement for actual expenses o£the month of August. Reimbursement for actual expenses o£the month o£ September, Monthly reimbursements shall cease after payment o£ actual expenditures through the month o£ September. The remaining part (October 1 through December 31) o£ the current Budget Period, shall be financed out o£the initial advance, with adjustments to be made at the end of such Budget Period. YO 2 (5/03) Page 2 of Exhibit C 511412005 4:03 PM H:~,MU N LA~Pmj~Youth~,YO2 ExA 0:~DOC Suffolk County Living Wage Requireme~.t,s ~h~iit . ;,,. As Last Revised by the Suffolk County Depa~'nt 0¥'Labor on 10/22/02 Suffolk County Living Wage Requirements Exhibit As Last Re~/ised by the Suff(~]k Co, u~ty De~3artment of Labor on 10/22102 Pursuant to Section 6 of Chapter 347 of the Suffolk County Code [Local Law No. 12-2001], "A Local Law to Implement. Living Wage Bo!icy for the County of Suffolk", (the "Living Wage Law").. all RFPs, Coun~ contracts and financial assistance agreements subject to the law shall contajr~, the following two paragraphs or substantially equivalent ~aaguage: .Ch, Aq.,reeme~. s '~t hie.ct f,~ tJ~e Liv n V~age La~v of the CoL~nty of Suffolk The law I'(?,!uiu;=; ti~;~' ;:i~l,~;s ;;l'.:;;d:',: ¢~6m,~tiqns appl~'~'bb, a'~a.i~r is gr-antedq all employers , az..: d.::h;;ee. :tn,!c: :.=(;?. ~:r: cont';aCts and,~ilsi~¢~ of courr[~'~tTh~ncia[ assistance, (as d~;Re~) sha~l pr~vMe, pay,m, ent of a m~nl~u~,Wa~e:t0; em~l'~)y'e~s (as defined) of Se,ee bour, i{h hOait'h of at i~st $1 .~5'per hour o:r Otherwise $10.25 per h~,~,~p.,Such Fate ¢~,alt ~e, .~,dj~ste¢' annua ]y pursuant to ~e terms of t~e Suffolk County L~¥~rrg Wa~e L~w. ot th-e Courfty ~ Suffq!:~. .,, Under the; rovisions of the Living Wage Law, the County shall ha,ye the authority, under appropriate circumstanoes, to terminate this Agreement and to seek other remedies as set forth therein, for ~iolations of this Law. Suffolk County Local Law No. 18-2002. "A Local Law ~o implement Living Wage Policy for the County of Suffolk" urovided ior certain amendments to the Living Wage Law. Forms for Completion and/or Signature (as applicable) Suffolk,Cgunty Department of Labor - Living Wage Unit Notice of Application for County ASsistance (Contract) Form LW,1 (cOnsists of 1 page) Suffolk C(~Unty Department of Labor - Living Wage Unit Certification of Compliance Form LW-2 (consists of 1 page) Suffolk County DePartment of Labor- Living Wage Unit Certification of the Non-Applicability of the Living Wage Law Form LW-3 (consists of 2 pages) Suffolk County Department of Labor - Living Wage Unit Request for General Living Wage Exemption Form LW-4 (consists of I page) Suffolk County Department of Labor- Living Wage Unit Request [or Spec tic Living Wage Exemption Form LW-5 {consists of 2 pages) 1 of 2 pages Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 Suffolk County Department of Labor - Living Wage Unit Declaration of Compliance - Subject to Audit Form LW-33 (consists of I page) Note: Pursuant to Section 7 of Local Law No. 18-2002, "A Local Law to Implement Living Wage Policy for County of Suffolk", all covered employers subject to the provisions of the Living Wage Law shall submit a completed and sworn (under penalty of perjury) Certification of Compliance Subject to Audit form, signed by an authorized representative, as part of an executed contract with the County of Suffolk. The complete Declaration of Compliance form shall be made a part of any executed contract or project agreement and made available to the public upon request. To certify Living Wage compliance: Return Form LW-1, Form LW~2 and Form LW-33. or To certify non-applicability of Living Wage law: Return Form LW-3. or To request and document a general living wage exemption: Return Form LW-1, LW-2 and Form LW,4. or · To request and document a specific living wage exemption: Return Form LW*I, LW-2 and Form LW-5. In the event that there is a change in circumstances, it is the ContractoCs responsibility to submit to the County additional Living Wage forms which either replace or supplement prior Submissions of Living Wage forms. Living Wage Law Information Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk, ny. us Click Department Directory Labor Living Wa:ge Law info · Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808 End of Text for Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 2 of 2 pages County oT UffO k, :New YorN, Payment, Vouche[ ii ' EO. BOX ~i00~ HauPpa'uge:, NY 1 i788-0099 s6-6~c,s ~/.~., VendorCode 116001939 EXE Document Tottd (~n~lttde Ceats '120, Address 53095 Route 25 Pos t Southold, $~., 203 1179 New ~o~"~k..~1!971 Project ~ Rev (4) P/F 01 O3 °41 O5 Additional Comments Family Service League DEPARTMENT CERTIFICATION: 1. hereby certify that the materials above specified have been ~eceived by me m good condition without substitution. Phc service properly performed and that the quantities thereof aave been verified with the exceptions of discrepancies noted and payment is approved. PAYEE CERTIFICATION: [ certify that the above bill is jusk tree and conrect: that no part thereof has been paid except as stated: that the balance is actually due and owing; that taxes from which the County is exempt are excluded and that t have read and am faro/liar with the provisions of Local Law 324980 as detailed in the payee in~tmction section of this voucher. SIGNED DATE TITLE Form PV Originak Audit & Control PAYEE'S SIGNATURE TITLE NAME OF COMPANY Yellow Copy: Department Accounting York' P~m~-nt, vnH~.h~-r paymen~Voache[# ~p0nsib[~Agey Moth~ '.A~ >~{i~in~ t ci~[i~d;~i il3~'y):'. :: :Bed~cf 1~5 ?:.:i") ] Document Total (lnchidc Ceres) Addr~ 53:095 Route 25 1i~00t939 Pos~ Office:Box 1179 I,~. Capita] (02) Project ~' (8) Rev (4), 01 O5 Additional Comments Family Service League DEPARTMENT CERTIFICATION: I hereby certify that the materials above specified have been received by me in good condition without substitution. The service properly performed and that the quantities thereof have been verified with the exceptions of discrepancies noted and paymem is approved PAYEE CERTIFICATION: [ certify that the above bill is just, tree and correct: that no part thereof has been paid except as stated: that the balance is actually due and owing; that taxes from which the County is exempt are excluded and that I have read ~nd am familiar with the provisions of Local Law 32-1980 as detailed in the payee instruction section of this voucher. SIGNED DATE TITLE PAYEE'S SIGNATURE TITLE NAME OF COMPANY Form PV Original; Audit & Contro Yellow Copy: Department Accounting OFI~ICE OF THE COUNTY EXECUTIVE HUMAN SERVICES DIVISIOt-, Robert J. Smith Director COUNTY OF SUFFOLK Robert J. Oaffney SUFFOLK COUNTY EXECUTIVE YOUTH BUREAU Iolm F. Kre~ D/rector TO: FROM: DATE: SUBJECT: Contract Agencies Joh F. eutz Director January 2, 2003 2003 Youth Bureau Agreement and Advance Voucher (if applicable) Attached are the above items for the signature of the Board President or Chairperson or the agency executive authorized to sign for the agency. Please sign all copies of the Agreement on page 1, on the line on the left hand side of the page, and deliver them to the Suffolk County Youth Bureau Office in Hauppauge along with the signed county voucher. Please make sure .you do the following: 1. Sign the County Payment Voucher Where it is highlighted (Payee Certification). Use a black ballpoint pen so that your signature appears on all copies and return all copies m the Youth Bureau as soon as possible so that we may facilitate your advance. 2. Review the Agreement and check the amount of money in Exhibit C-2 which is the budget. 3. Please note that if you receive an advance you will receive a three (3) month advance which will be recouped by the county towards the end of the agreemem. 4. Check your organization's Federal LD.# in the Vendor Code Box on the advance voucher. We cannot process your advance or future claims without your Federal I.D.#. Also included in the mailing are copies of the following two Suffolk County Legislative Resolutions regarding child sexual abuse reporting policy: DENNISON BUILDING * P.O. BOX 6100 * 100 VETERANS MEMORIAL HIGHWAY * FIAUPPAUGE, NEW YORK 11788 ELIZABETH A~ NEVILLE TOWel CLERK REGISTRAR OF ~T~L STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFO~/J~TIO~ OFFICER Tov~ Ha~l, 53095 Main Road P.O. Box 1179 Southold, l~ew York 11971 Fax ~631) 765-6145 Telephone (631) 765-1800 sou~holdt ov~.nor~h£ork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THE FOLLOWING RESOLUTION NO. 336OF 2003 ['OWN BOARD ,2003: RESOLVED that the Town Board of thc Town of Southold hereby authorizes and directs gupervisor Joshua. Y. Horton to execute an Agreement between the Town of Southold, the Family Service League and the Court .ty of Suffolk for the 2003 Southold Youth Services Program, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk Intro. Res, NO. 1508-2002 Laid on the Table 4125/2002 Introduced by Legislators Cooper, postal, Bishop, Fisher, Fields, Lindsay, Binder, Foley, Presiding. Officer Tonna, Nowick, Caracciolo, Caracappa, Crecca RESOLUTION NO. S43 2002, ESTABLISHING ABUSE REPORTING WH~EREAS, innocent, chiidrer~ are in L~geh~,r~e&d of protection against sexual abuse w thin the ~ uQty of suffo k! Mow therefore be; ~ . 1st ~SOEYED, ~t the .C.~]~ty ~ Su~l~ereI:iy establishes a formal child sexual ~u e reoortin~ o~tf¢~ as f&iio~w.s: contract or agreement with any venture, business organizatior~, 'e County of Suffolk, either another level of government, corporation, joint venture, ~hat Suffolk County requires full provisions of Paragraph (D) precedent to*receipt of such in those instances in ~exual abuse of a minor by any ~endor, including any member of Sex- offenses: ~'~i~ .~ t~,,tl~e th[rd d,egr, ee, ~S~.ction 130.25 (less than seventeen ~: )'~f,!h~¥ ~K PENAL LAW; 2.). ~&p.e m tire ~econ~,, de. gree~Sect.,on ~30..~u (less than -fourteen ¢l,4~),vea.rS'Old} of the ~N~ ¥C~K PENAL LAW; 3.) R~F~ 'in~t:l'm first deCtr~~, S~ti°n 130.35 (less than el~,~n (-11) years 0id) Ortho NEV~ YORK~ENAL LAW; 4.) ;sodomy,~m, ~,he third degree, Section t30.40 (less than ~&~enti~eh (i'7)'ye~ar~bld) ef (~ NEW YORK PENAL LAW; Sodomy, in the second degree, Section 130.45 (less than {our[ben '(i4) years'old) of the;NEW YORK PENAL LAW; 6.) Sodomy in the first degree, Section-.130.50 (less than eleven (11) years old).of the,NEV~ YORK PENAL LAW; 7.) ;SexUal abuse in the third, ~degree, Section 130.55 (less than sev~nte~h (i7) year~ 0Id) O{'if~e I~EV~ YORK PENAL LAW; 8.) ~se~ual;~tzse inthe s, ec~3nd, degree, Section 130.60 (less than four~eerl~.~4) yea~ 01d~ of~the~ NEW_ YORK PENAL LAW; 9.) 10.) 11.) 12.) 13.) 14.) 15.) · 16.) 17.) Sexual abuse in the first degree, Section 130.65 (tess than eleven (11) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the third degree, Section 130.66 (less than eleven (11) years old) of the NEW YORK PENAL LAW; AggraVated sexual abuse in the second degree, Section !30.67 (less than eleven (1-1) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the first ·degree, Section 430.70 (less than eleven (11) years old) of the NEW YORK PENAL LAW; Course of sexual conduct against a .childi~ the first degree, Section--130.75 (less than eleven (11) years old) of the NEW YORK PENAL LAW; and Course of sexual conduct against a child in the second degree, Section 130.80 (less than eleven (11) years old) of the NEW YORK PENAL LAW; Sexual misconduct, Section 130.20 (sexual intercourse without consent) of the NEW YORK PENAL LAW; Forcible touching, Section 130.52 (sexual or intimate parts) of the NEW YORK PENAL LAW; Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the past ten (10) years for less than seventeen (17) years oId or four~een (14) years old) of the NEW YORK PENAL LAW; 18.) Aggravated sexual abuse in the fourth degree, Section 130.65- a (less than seventeen (17) years old) of the NEW YOR}( PENAL LAW; 190 Female genital mutilation, Section 130.85 (less than eighteen (18) years old non-medical Procedure) of the NEW YORK PANEL LAW; 20.) Facilitating a sex offense with a controlled substance, Section 130.90 (without consent to commit a felony) of the NEW YORK PENAL LAW -. For the purposes of this Resolution, clergy shall mean a duly authorized bishop, pastor, rector, pdest, rabbi, minister,-imam, nun, or a person having authori{y from, or in accordance with, the rules and regulations of the governing ecclesiastical body of the denomination or order, if any, to which the church belongs, or otherwise from the church, synagogue, or mosque to preside over and direct the spiritual affairs of the church, ~vn~(~ooue or mosdue, as the case may be; Minor shall meari anyone, under the.age of eighteen (18) years of age; All supervisory, administrative, or management employees, of any individual, partnership, corporation, joint venture, business organization, or other entity receiving paymenT, from the County of Suffolk, either directly or as a conduit for payment from .another level oCgovemment. f o4 Suffol'k Sil-all report or Child PrOtective er it has or bas of 1,)~ 'Rape i~t~e;,third degree, Section 130.25 (less than seventeen i17) ~S:6ld) ~the NEW YORK PENAL LAW; Rape in the second ~]egree, Section 130.30 Oess than fourteen (14) ye'ara old} of the NEW'YORK PENAL LAW; 3.) Rape,m f~e first'-deg~'ee, ~e~,~iot~ 130.35 (less than eleven (111 yearsold)~of the NEW YOR~ PE~AL LAW; 4.) Sod0my~ in the third degree, Section 130.40 (less than seventeen (17) yea. rs old) ef the NEW YORK PENAL LAW; 5.) Sodotny in the secon~i de~e~, Section 130.45 (less than fourteen i(1'4) years old) of the NEW'YORK PENAL LAW; 6.) Sodomy in the first degree; Section 130.50 (less tha'r~ 'eleven (11) years old) of the NEW YORK PENAL LAW; 7.) Sexual abuse in' th;e'thir~d degree, Sec[ion 130.55 (less than seventeen (17) y&afs! eld)of the NEW YORK PENAL LAW; 8.) Sexual abuse i~ the'sec, ortd ~egree, Section 130.60 (less than fourteen (14) yeai:~-, el(i) of'the'RE,w, YORK PENAL LAW; 9.) Sexual' abus~ in' the firs[;.degree, Section 130.65 (less than e even (! 1) years ~ d~ Of the t~E~ YORK PENAL LAW; 10.) Aggravated sexual'abuse in the rthird degree, Section 130.66 (less: than eleven ¢11) years old) of the NEW YORK PENAL LAW; 11.) Aggravated sex~a[' abuse iri'~ the second degree, Section 130.67 (less that~ ~le'v'e~~ (~171) .years old) of the NEW YORK E.) F.) 12.) Aggravated sexual abuse in the first degree, Section 130.70 (less than eleven (11) years old)of the NEW YORK PENAL LAW; 13.) Coume of sexual conduct against a child in the first degree, Section 130.75 (less than eleven (11) years old) of the NEW YORK PENAL LAW; and 14.) Course ~of sexual conduct against a child in the second degree, Section 130.80 (less than eleven (11) years old) of the NEW YORKq=ENAL LA~/; 15.) Sexual misconduct, Section 130.20 (sexual intercourse without consent) of the NEW YORK PENAL LAW; 16.) Forcible touching, Section 130.52 (sexual or- intimate par~s) of the NEW YORK PENAL LAW; 170 Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the past ten (10) years for less than seventeen (17) years old or fourteen (14) years old) of the NEW YORK PENAL LAW; 18.) · Aggravated sexual abuse in the fourth degree, Section 130.65- a (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 19.) - Female genital mutilation, Section 130.85 (less than eighteen (18) years old non-medical procedure) of the NEW YORK PANEL LAW; 20.) Facilitating a sex offense with a cbntrolled substance, Section 130.90 (without consent to commit a fetony) of the NE_W.YORK PENAL LAW; Whenever a clergy person is required to report under this Resolution, in his or her capacity as a member of the clergy, he or she shall immediately notify the person in charge of such church, synagogue, or mosque, or his or her designated agent, who shall then also become responsible to report or cause reports to be made to the New York State Child Protective Services Child Abuse Registry at 1-800-432-3720 when he or she has reasonable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another clergy person comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the 'miner a victim of sexual .abuse; No information derived from a Confession or confidential communication to a clergyman shall be disclosed pursuant to the requirements of this Resolution if the confession or confidence is made to the clergyman in his her profe!~S~oh~l capa¢[~ a a .sP~p~al advisor, unless the person so cd~fessii~g or ~nfiding ~v CrOci ; ' con~a¢ vendors cover~.~ ~s Resol~on shall ~nfv~ ail of. their em'pl~ye~S]n ~ting. as ~ ~e disclosure requirements of this -ResoJ~don an~:rshall aisc info~ ~ [E~:'each 0f them-must rePo~ any allegations. 2nd RESOLVED, that failure to comply m,~,h '~,~ terms and conditions:. ~f fi-tis Resolution shall result in the First violation: the contract vendor shall be issued a warning and all supervisory, administrativerarid management. ,employees of such contract- ve_~dor '-Shall be required to attend: a ~ikJ sexual abuse prevention/education workshop provided by a contract agency approved by the; County of Suffolk via duly enacted ResolUtion which workshop shall, include specific skills for adults to het~ prevent childhood sexual ~rboUse; ?.kills that adults can teach children .to help protect themselves m ch Idl~o0d sexual abuse; skills for detecting the signs of childhood sexuat abuse; and how to, report allegations of childhood sexual abuse. T~e cost of this. training shall be paid for by the contract vendor. In addition, the contract vendor shall subn~it s corrective plan. of action to the S'uffolkCounty Office of Labor Relations; B.) Second violation within a three (3) year period subsequent to a first violation: the contract vendor shall be subject [oa fine of ten (10%) percent of the contracts that the pertinent violating individual supervisor, mansger, or administrator oversees, not to exceed Fifty Thousand ($50;000.00) D~ars; in addition, the c'orr~ract vendor~ha.l! be Fur or, probation for three (3) years. An annual review shall be conducted by the Suffolk County,Deparb~ent of Audit and Control; c.) Third violation within a three (3,) year period subsequent to a first violation: the termination of the agreements with such ~ndividual, partnership, corporation, joint venture, business organization, or other entity; overseen by the pertinent violating individual supervisor, manager, dr administrator and the withholding of all payments to said individual, partnership, corporation, joint venture, bUSiness organization, or other entity for such agreements regardless of whether such payments are for past Or future goods or services. The contract vendor shall not be eligible for funding from the County for three (3) yea~-s from the date cf such termination; and be it further 3rd RESOLVED, that the Suffolk County Department of Law is hereby authorized,. empowered, and directed to issue and promulgate such rules and regulations as shall be deemed necessaw and appropriate to implement the provisions of this Resolution; and be it further 4th RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type Il action pursuant to Section 617.5(c)(20) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative, decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or n6n-significance in accordance with this resolution. DATED: June 11, 2002 CoL~nty of Suffolk Date of Approval: Cct~-~--~.~.->.-~ ' · a ~ntro. R s. No. 1862-2002 IntroduCed by Legislator Cooper Laid o.n the Table 8/6/2002 RESOLUTION NO. 819 - 2002, MODIF~NG UNIVERSAL CHILD SEXUAL ABUSE REPORTING POLICY FOR SUFFOLK COUNTY WHE~, Resoluti~ No. 54-3-2002 established A Universal Child Sexual Abuse Reporting Pol!~ fbr Suf~k~ouhty,. a ceaf..ral.component cf v~i~ich pm~ided for. reports to be made to the New Y~i'k=State ChildPrdtective Services Child AbuseRegistry; and- .~ ' WHERE~AS, the Suffolk County Child Sexual Abuse Task Force has recommended, a change in that po. int of contact by sbggesting a return tb the odginal version of the LegisJation; now, therefore be~t- ' ' 'lst RESOLVED, that Paragraphs (D) and (E) of the 1~t RESOLVED clause of Resolution No. 543-2002is hereby amended to read as follows: D.) All supervisory, administrative, .or management employees of anY.: indMdua[, partnership, corporation, joint venture,· business-organization, or other entity receiving payment from the County of Suffolk, either directly or as a conduit for payment from another level of government, under agreement or cQntract with the County of Suffolk, shall report er cau¢~ a i!'eport to be made to. 91I or the pertinent village, town, er county. Police Department when he, she, or it has 'r&a~onable caUSe to suspect that e mince dprning before them is or has been the victim cf sexual abuse; or,when another person or clergy person comes before them ~rfd states frem pers6nal knowiedge facts, conditions, or circumstances, which, if correct, would rapider the minor a victim of sexual abuse under any of the followihg s~x offenses, said reporting to .occur within twenty- four (24)hours a~er forming the reasonable cause or first learning of the allegations: .... 13 Rape in the third degree, Section 130.25 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 2.) Rape in the second degree, Section 130.30 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; 3.) Rape in the first degree, Section 130.35 0ess than eleven (11) years old) of the NEW YORK PENAL LAW; 4.) Sodomy in the third degree, Section 130.40 (less than · -' seventeen (17) years old) of the NEW YORK PENAL LAW; 5.) Sodomy in the second degree, Section 130.45 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; 7.) 8.) 9.) lO.) 11.) 12.) 13.) 15.) 17.) 18,) 19.) Sodomy in the first degree, Section 130.50 (less than eleven (1 t)years old) of the NEW YORK PENAL LAW; Sexual abuse in the third degree, Section 130.55 (less than seventeen (17) years old) of the NEW YORK PENAl: LAW; Sexual abuse in the second degree, Section 130.60 (less than fourteen, (14) years old) of the NEW YORK PENAL LAW; Sexual abuse in t.h.? first degree, Section 130.65 (less than elevem(14), Years ,old)"ofthe NEW YORK PENAL LAW;. - Aggravated sexugl abuse in the third degree, Section 130.66 (less than eleven (11)years old) of the NEW'YORK PENAL LAW;- Aggravated sex,a! abuse in the second degree,-Section 130.6-7 (less than eleven (11) years old) of the NEW-YORK PENAL LAW; Aggravated sexual abuse in'the first degree, Section 130.70 ' (less than.eleven (11) years eld) of the NEWYORKPENAL LAW; Course of sexual conduct, against a child in the first degree, Section 1'30.75 (less than eleven (11) years old) of the NEW YORK PENAL LAW; and Course of sexual conduct against a child in the second degree, Sec[ion 180.80 (tess than.eleven (11)years old) of the NEW YORK PENAL LAW; Sexual misconduct, Section 130.20 (sexual intercourse without consent) of the NEWYORK PENAL LAW; Forcible touching, Section 130.52 (sexual or infimate~parts) of the NEW YORK PENAL LAW; Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the past ten (10) years for less than se~/enteen (17) years old or fourteen (14) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the fourth degree, Section 130.65- a (tess than seventeen (17) years old) of the NEW YORK PENAL LAW; Female genital mutilation, Section 130.85 (less than eighteen (18) years old non-medical procedure) of the NEW YORK PANEL LAW; 20.) Facilitating a sex offense with a control, led substance, Section - 130,90 (without consent to commit a fel6ny) of tE~ NEW YORK PENAL LAW; E.) Whenever a clergy person is required to report under this Resolution, in his or her capacity-as a member of the clergy, he or she shall immediately notify the person in charge of'such church, synagogue or mosque, or his or her designa_tjed agent, .who ~hal ~_en also become responsible to. reportor~causefepqrts to be mad~ to 91 t Or the pertin.eat Vilfage~ tdwn~ or county POEce, Department~ when he or she has reaSonsbl~ c~use, to ~'~tia,mi~r C°m,~ng before, them is er has been Re ~ef sexual ~[[Sb, e,r when another ,clergy person, comes before'them and ~t.a. tes f~pm, perso~l knOWledge f~ts. co~¢ti°~s,,Or cbcums~nces, Which. if ~orr~, w~t~ld, render th~ minor a vi~tfm of;s~×ual a~use; and be it further 2"a RESOLVED, that alt other provisions of Resolution No. 543-2002, as amended, shall remain in full force and effect; and be it further 3rd RESOLVED, that this Legislature, being, the State Environmental Quality Review ' Act (SEQRA) l.ead agency, hereby finds and determines that this resolution constitutes a Type Il action pursuant to ,Section 817.5(c)(20) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rutes, policies, procedures, and legislative decisions 'tn connection with continuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA.n0tices of determination of non-applicability or non-significance in accordance with this resolution. DATED: August 28, 2002 Date of Approval: Intro. Res. Motion . (_,,g,~2.4,/~ Second Res. No. i'";'" David BISHOP ?1~5 t~Ilan BINDER .~8 Jori COOPER 15~ Maxine POSTAL, D.P.O. ~ ~ Total~ Sponsors: .. August 2~, 2002 MOTION ~pprove Table:' . ...__Send To Committee __.;_Table Subject To Call .._.__Withdraw Lay .On The Table ~Discharge ..___Take Out of Order .___Reconsider Waive Rule .__..Override Vet° Overridden Sustained APPROVED FAILED No Motion No Secon~dd · ~JESOLUTION DEC!_~RED ~'ADOPTED NOT ADOPTED ...__.WITHDRAWN · , Roll Call V~.I~ Vote~ Resolution No. 543-2002, EstablishLng Universal Child Sexual Abuse Reporting Policy for Suffolk County and ra Resolution No. 819-2002. Modifying Universal Child Sexual Abuse Reporting Policy fo!:Suffotk County If you have any questions, please call Patrick Policastro at 853-8278. Please contact your field representative if you need more claira forms. att: IntrOL Res. No. 1862-2002 ' O Introduced by Legislator Co per Laid 9.n the Table 816/2002 RESOLUTION NO. 819 - 2002, MODIFYING UNIVERSAL CHILD SEXUAL ABUSE REPORTING POLICY FOR SUFFOLK COUNTY ' . WHEREAS. ResotHtiQn?O. 543-2002 established A Universal Child Sexual · Abuse Reporting P0[id¥ ~or 8uffotk c6Q~ty, l,a. cent _roi-component of'which pm~ided lat..reports, to be made:to the New ¥orffState Child Pra-tectiv~ Serviqes Ch~d Abuse.. _R~gistry; and,. ~ ' WH~AS, the .~uffo!k County ,Child S~x-ua[ Abuse Task Force has. recommende~ a change, in ,that point of contact by suggesting a return.to ~he original v_ersion of the Legis[atbn; now, therefore be Er,'--- RESOLVED, that Paragraphs (D) and (E) of the. 1st RESOLVED clause of Resolution NO. 54G.2002 {s hereby amended to read as follows: D.) All superVisory, administrative, or management employees of_any individual, partnership, corporation, joint venture, business- organization, or other entity receiving payment from the County of Suffolk, either directly or as a conduit for payment from another level of government, under agreement or contract with the County of Suffolk, shaii report or cau_se_.a report to be made to. 91I or (he pertinent village, town, or county- Police Department when he, she, or it has r~a%onable cause to suspect that a minor-coming before them is or has been the victim of sexual abuse/or,when another personor clergy person comes before them an'd states from persdnal knowledge facts, conditions, or c~ircumstances, which, if (~orrect, would ?ender ~e minor a victim of sexual abuse under any of the following s~x offenses, said reporting to ·occur within twenty- four (24) hours after forming the reasonable cause or first learning of the aIlegations: .... Rape in the third degree, Section 130.25 (less than seventeen (17) years old) of the NEWYORK PENAL LAW; 2.) Rape in the second degree, SeCtion 130.30 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; 3.) Rape in the first degree, Section 130.35 (less than eleven (11) years old) of the NEW YORK pENAL LAW; 4.) Sodomy in the third degree. Section 130,40 (less than · -' seventeen (17) years old) of the NEW YORK PENAL LAW; Sodomy in the second degree, Section 130.45 (less than fourteen (14) years old) of the NEWYORK PENAL LAW; 7.) 8.) 9.)- 10.) 12.) 13.) .14..) 15.) 16.) 17.) 18.) Sodomy in the first degree, Section 13.0.50 0ess than eleven (11) years old) of the NEW Y~RK PENAL Sexual abuse in the third degree, Section 130.55 (less than seventeen (17) yearn old) of the NEW YORK PENAL I. AW; Sexual abuse in. the second degree, Section 130.60 (less than fOurteen:¢~4) years Old) of the NEW YORK PENAL LAW; . Se.xua~ abuse in ~ first degree,' Section ,130.65 (less than ele~ years ~[d)~f the NEW YORK PEr,AL L/~W;~ · Aggravated sexual abuse in the third degree,. Section 130.66 (lees than eleven (11 ) years.old) of the: NEW YORK PENAL LAW -- Aggravated sexual abuse in. the second degree; Section 13d.67 (tess than eleven (11) years old) of the NEW-YORE PENAL LAW; Aggravated sexual abuse in'the firs[ degree,. Section 130.70 (less than .eleven (11) years oM) of the NEW YORK PENAL LAW; Course of sexual condudt against a child in the first degree, Section 130.75 (less than eleven (11) years old) of the NEW YORK PENAL LAW; and Course of sexual conduct against a child Jn the .second degree, SeCtion 130:80 (less:than eleven (11) years old) of the NEWYORK PENAL LAW; Sexual misconduct, Section 130.20 (sexual intercourse without consent) of the NEW YORK PENAL LAW; Forcible touching, Section 130.52 (sexual or intimate-parts) of the NEW YORK PENAL LAW; Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the past ten (10) years for less than se~/enteen (17) years old or fourteen (14) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the fourth degree, Section 130.65- a (less than seventeen (17) years old) of the NEWYORK PENAL LAW; Female genital mutilation, Section 130.85 (less than eighteen (18) years old non-medical procedure) of the NEW YORK PANEL LAW; E.) and be it further 20.) Fa~ili{ating a sex offense with a control.led substance, Section 130.90 (without consent t° commit a fei&ny) of the NEW YORK PENAL LAW; VVhenever a clergy person is required to mpcr~ under.this ResOlution, in his or her Capacities a member cf the clergy, he or She shall immediately notif~ the person in charge of' such church, synagogue, or mosque, or his o~ her d~ign~d ~gent, who shall t.h~n aL~o become re~onsib!e to~ ~e~t ~ mi~r com~g :before t~ ~ orhas been the 2"~ RESOLVED, that all other provisions of Resolution No. 543-2002, as amended, shatl remain in full force and effect; end be it further 3rd RESOLVED, that this Legislature, being the State Environmental Quality Review ' Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Typo 1t action pursuant to Section 617.5(c)(20) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR)'and within the meaning of Section 8-O109(2) of the NEW YORK ENVIRONMENTAL OONSERVATION LAW as a promulgation of regulations, rubs, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council cn Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA.notices of determination of non-applicability or non-significance in accordance With this resolution. DATED: Augu§t 28, 2002 VED BY: ' Execubve of Suffoi?k County Date of Approval: Motion ~ '.. Res, No., J, CARACCIOLO ~r[in W.. HALEY M. CARPENTER CRECCA nne C, NOW(CK ' ~AII it6;, an BINDER ' t~on COOPER ','[5~ IMaxine POSTAL, D.P.O. , ;17 iPaul J, TONNA, P.O. Totals Sponsom: .I August 2g, 2002 MOTION ~-Approve Tab~e:' . , , ___Send To Committee · Table Subject To Call · ...Withdraw Lay.On The Table Discharge .. ,, Take Out of Order · R~consider Waive Rule ..... Override Veto Overridden Sus'~ained ~pPROVED. FAILED No Morron No Second__ ~RESOLUTION DECLARED .._~ADOPTED · NOT ADOI~TED WITHDRAWN Roll Call~Volge Vet Res0tutiontq0. 543z2002, Establishing Universal Child Sexual Abuse Reporting Policy for Suffolk County and ~2 Resolution No. 819-2002, Modifying Universal Child Sexuat Abuse P~ep0rtingl?01icy fo~,Suffolk Coun~ , If you'l~ve any questions; pl~e .a~, call Patrick Policastro at 853-8278. Please contact your field representative if you need more claim forms. intro. Res~ No. 1508-2002 Laid on the Table 4/25/2002 fntroduced by Legistmtors Cooper, Postal, Bishop, Fisher, Fields, Lindsay, Binder, Foiey, Presiding Officer Tonna, Nov~ck, Caracciolo, Caracappa, Crecca RESOLUTION NO. 543 2002, ESTABLISHING UNIVERSAL CHILD.' SEXUAL ABUSE REPORTING POLICY FOR SUFFOLK COUNTY - W~ innoc, ent ~nQdren are in urgent need of protectFon against sexual abuse within the ~uh~Suffolk; now, tl~erefore belt . 1st RE~C3EVED,, that the CoU~y of Suffolk hereby establishes a formal child sexual abuse reporting policy :as follows: Each County Department that has a contract or agreement with any individual, .partnership, corporation, joint venture, business organization, or ot~er .entity which receives payments from tl~e County of Suffolk, either direc~y or as a conduit for .payment from- another level of government, shall not'~ such individual, partnership, corporation, joint venture, busir~ess~ organization, or other entity that Suffolk County requires full cem[3~ance with the reporting and disclosure provisions of Paragraph (D) of tt~[Js Resolved clause, as a condition precedent to-receipt -of such payment and continuing receipt of such payment, in those instances in w, hich; an allegation has been made of sexual abuse of a minor by any employee or member of such contract Vendor, including any member of the ciergy, involving ar~y of'the following sex~offenses: 1.) Rape in the third degree, Section 130.25 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 2.) Rapu ifi the second degree, Section 130730 (less than-four(een (14) years old) of the NEW YORK PENAL LAW; 3.) Rape in the first degree, Section 130.35 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 4.) Sodomy in the third degree, Section 130.40 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 5.) Sodomy in the second degree, Section 130.45 (less tha~ fourteen (14) years-old) of the NEW YORK PENAL LAW: 6.) Sodomy in the first degree, Section-.130.50 (less than eleven (1 I) years old) of the NEW YORK PENAL LAW; 7.) Sexual abuse in the third degree, Section 130.55 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 8.) Sexual abuse in the second degree, Section 130.60 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; B.) 9.) Sexual abuse in the first degree, Section 130~65 (less than eleven (11) years olcO of the NEW YORK PENAL LAW; 10.) Aggravated sexual abuse in the third degree, Section 130.66 (less than eleven, (11 ) years old) of the .NEW YORK PENAL LAW: 11.) PENAL LAW; 12.) Aggravated sex~al a~se in the fi.r,s~t 'degree, Section t30,70 ([ess ~a~ eleven ( 1'1 ) years old} of the NEW YORK PENAL .LAW; 13.) Course of sexual conduct against a child ir~ the first degree, Sectiom-130.75 (less-than eleven (11) years old) of the NEW YORK PENAL LAW; and 14.) 15.) 163 17.) 18.) Course of sexual conduct against a child n the second degree, Section 130.80 (less than eleven (11) years old) of the NEW YORK PENAL LAW; Sexual misconduct Section 130;20 (sexual intercourse without consent) of the NEW YORK PENAL LAW; Forcible touching, Section 130.52 (sexual or intimate parts) of the NEW YORK PENAL LAW; Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the past ten (10) years for less than seventeen (17) years eld or fourteen (14) years old) of the NEW YORK PENALLAW; Aggravated sexual abuse in the fourth degree, Section 130:65- a (less than seventeen (17) years old) of the NEW YORK PENAL ' LAW; 19.) Female' genital mutilation, Section 130.85 (less than eighteen (18) years old non-medical procedure) of the NEW YORK PANEL LAW; 20.} Facilitating a sex offense with a controlled substance, Section 130.90 (without consent to commit a felony) of the NEW YORK PENAL LAW -. For the purposes of this Resolution, clergy shall mean a duty authorized bishop, pastor, rector, priest, rabbi, minister,' imam, nun, or a person having authority from, or in accordance with, the rules and regulations of the governing ecclesiastical body of the denominatio~ or order, if any, to which the church belongs, or otherwise from the church, synagogue, or mosque to preside over and direct the spiritual affairs of the church, synagogue, or mosque, as the case may be; c.) Minor shall mean anyone under the age of eighteen. (18) years of age; All supervisory, administrative, or management employees of any individual, partnership, corporation, joint venture, business organization, or other entity receiving payment from the County of. Suffolk, either directly ~o~.as a conduit for payment from or or 1.) 2.) 4.) 5.) 6.) 7.) 8.) 9.) lO.) 11.) p~ [a~ tlze~tb[f,d:,~g~ee, Sectior~ 130.25 (leSs than sevenmen (~:.,~:el~)~'t~e,~¥¥ORK PENAL ~W; '~e i~'~se~onddegree Sect ~n 1~0 30 (~s ~an fouAeen Yea s NEV VbRK PENAL ~W; ~pe' m .~he flrst~?~ee, S~bon 130.3~ (less than eleven ye~ old.of {h~ NE~YORK PENAL ~W; Sg. domy in; the' thi[d degree, Section 130.40 (less than seventeen {i::7)~yea'rs Old} of'the, NEW YORK PENAL LAW; Sod ,otny in thfe second degree, Section 130.45 (less tha¢~ fourteen (14)' years, eld), of the 'NEW'fORK PENAL LAW; Sodomy in the first degree~ SectiOn 130.50 (less than 'eleven (11) years oki) of the NEW YORK PENAL LAW; SexLlaliabu~e in the'third degree, Section 130.55 (less than seventeen (~7)!~yearA dk~ of the NEWYORK 'PENAL LAW; Sexual:abu§e in the's6cond degree Sect'on 130 60 (less than fourteen (14). years O 4) d~f the NEW `fORK PENAL LAW; Sexual abUse, in the first degre% Section 130.65 (less than eleven (11) years o d)~ oflthe NEW YORK PENAL LAW; Aggravated sexual abuse in the third degree, Section 130.66 (tess than eleven, (11)years old) of the NEW YORK PENAL LAW; Aggravated sexual ~use in the second degree, Section 130.67 (less [han' eleven (11) years old) of the NEW YORK PENAL LAW; 4th RESOLVED;,that this Legisla~re, being the State ~:r~ironmental QualRY Act (SEQRA) lead agency, .hereby/finds a~nd determines that this resolution constRu~,e~ ;~ Type Il action purSUa~ to Section 617~C)(20) and (27) of TifJe 6 Of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) .o.f the NEW YQRK ENVIRONMENTAL CONSERVATION LAW as a promu gaff'on of regulafi(~ns, rules, policies, procedures, and egrisative~ decisions in connection with continuing agency adr~inis~afi~, man~agem~at arid ~rma~on collodion, anti the S;uffQl~ ~ _C~,_~_n~_ Couocil on ~ tiro' ~ 't~ :ual~' .':( "' ' i~here dir-.ected t~ ci~t~te any app'rop~ ~QRA~dofi~es ef d~t~rmi~n eT ~-,appli~ or nomsrgnmcane~ m accoruance w~t~ ~ rose m~om DA~"F, ED~ June ri 1, 2002 BY: of Suffolk Date ¢ Approval: OFFICE OF THE COUNTY EXECUTIVE HUMAN SERVICES DIVISION Robezt J. Smith Director COUNTY OF SUi~FOLK Robert & Gaffney SUFFOLK COUNTY EXECUTIVE YOUTH BUREAU TO: FROM: DATE: SUBJECT: Contract Agencms ~ John F. Kreutz Director January 2, 2003 2003 Youth Bureau Agreement and Advance Voucher (if applicable) Attached are the above items for the signature of the Board President or Chairperson or the agency executive authorized to sign for the agency. Please siam all copies of the Agreement on page 1, on the line on the left hand side of the page, and deliver them to the Suffolk County Youth Bureau Office in Ilauppauge along with the signed county voucher. Please make sure you do the following: 1. Sign the County Payment Voucher where it is highlighted (Payee Certification). Use a black ballpoint pen so that your signature appears on all copies and return all copies to the Youth Bureau as soon as possible so that we may facilitate your advance. the budget. Review the Agreement and check the amount of money in Exhibit C-2 which is 3. Please note that if you receive an advance you will receive a three (3) month advance which will be recouped by the county towards the end of the agreement. 4. Check your organization's Federal I.D.# in the Vendor Code Box on the advance voucher. We cannot process your advance or future claims without your Federal I.D.#. Also included in the mailing are copies of the following two Suffolk County Legislative Resolutions regarding child sexual abuse reporting policy: LEE DENNISON BUILDING * P.O BOX 6100 * I00 VETERANS MEMORIAL HIGHWAY * HAUPPAUGE, NEW YORK 11788