HomeMy WebLinkAboutYouth Services - County =oOgUfFO(,yC3 RESOLUTION 2024-85
� ADOPTED DOC ID: 19898
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-85 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16, 2024:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Albert J. Krupski, Jr to execute the 2024 Southold Town Youth Services Agreement
with the County of Suffolk, in the amount of$9,089.00, for the term January 1, 2024 through
December 31, 2024, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Greg Doroski, Councilman
AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans
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Contract
This Contract ("the Contract") is between the County of Suffolk ("the County"), a municipal
corporation of the State of New York, acting through its duly constituted,Department of Youth Bureau ("the
Department"), located at H. Lee Dennison Building-3rd Floor, 100 Veterans Memorial Highway,
Hauppauge, New York(Mailing address: P.O. Box 6100, Hauppauge,New York 11788-0099); and
Town of Southold ("the Contractor"), a Municipal Corporation, having an address at 53095 Main
Road, Southold, New York 11971.
The Contractor has been designated to receive funds from the County for Juvenile Delinquency
Prevention Program ("the Services") as set forth in Article I, entitled"Description of Services."
Term of the Contract: January 1, 2024 through December 31, 2024; with an option to extend the Contract,to
be exercised at the County's discretion, to June 30, 2025 on the same terms and conditions herein.
Total Cost of the Contract: Shall not exceed $9,089.00, to be paid as set forth-in Articles V and VI as-set forth
herein, unless revised by a Suffolk County Resolution and in accordance with paragraph Le. of Article V of this
Contract.
Terms and Conditions: Shall be as set forth in Articles I through VI, attached hereto and made a part hereof.
In Witness Whereof, the parties hereto have executed the Contract as of the latest date written below.
Town of Southold COUNTY OF OLK,
By: By: �
Name: 3 Kevin B.Molloy
Title: &&innrk go/ Chief Deput�r�� cuti've
Fed.Tax ID 11-1 n 00 jq9 39 Date: 7 i
Date:
� �./I Approved: '
Departmen
[NAME OF SIGNATOR ] By: F ,
hereby certifies u de enalties o erjury that I am an officer of Name:D a 1 Es
�U u f}l 0,� 0 i}- � k Human ices,Chief Planne
[NAME OF CO RACTOR] Date:_ T
that I have read and I am familiar with§A5-8 of Article V of the
Suffolk County Code,and that 7 n 4 sal hb 6 RECEIVED
[NAME OF CONTRACTOR]
meets all requirements to qualify for exemption thereunder.
���"' Date 3 /1/ 2S/ APR - 9 2024
ATURE]
Approved as to Form:
Christopher J.Clayton Southold Town Clerk
A*ting County Attorne
By:
�Ifc
Name: E\ZRU �, - («1 W
Assistant County orn
Date: 04
13ci r coCLe,
D vI&U802:�
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List of Articles
Article I
Description of Services
1. Conflicting Provisions
2. Services
3. Contract Agency Performance Measures and Reporting Requirements - Local Law No. 41-2013
4. SuffolkSTAT
Article II
Definitions
1. Meanings of Terms
2. Elements of Interpretation
Article III
General Terms and Conditions
1. Contractor Responsibilities
a. Duties and Obligations
b. Qualifications, Licenses, and Professional Standards
c. Notifications
d. Documentation of Professional Standards
e. Credentialing
f. Engineering Certificate
2. Termination
a. Thirty Days Termination
b. Event of Default; Termination on Notice
c. Termination Notice
d. Duties upon Termination
3. Indemnification and Defense
4. Insurance
5. Independent Contractor
6. Severability
7. Merger;No Oral Changes
8. Set-Off Rights
9. Non-Discrimination in Services and Employment
10. Nonsectarian Declaration
11. Governing Law
12. No Waiver
13. Conflicts of Interest
14. Cooperation on Claims
15. Confidentiality
16. Assignment and Subcontracting
17. Changes to Contractor
18.No Intended Third Party Beneficiaries
19. Certification as to Relationships
20. Publications
21. Copyrights and Patents
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a. Copyrights
b. Patents
22. Arrears to County
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction
24. Certification Regarding Lobbying
25. Record Retention
26. Contract Agency Performance Measures and Reporting Requirements - Local Law No. 41-2013
27.Notice
Article IV
Suffolk County Legislative Requirements
1. Contractor's/Vendor's Public Disclosure Statement
2. Living Wage Law
3. Use of County Resources to Interfere with Collective Bargaining Activities
4. Lawful Hiring of Employees Law
5. Gratuities
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas
7. Child Sexual Abuse Reporting Policy
8. Non Responsible Bidder
9. Use of Funds in Prosecution of Civil Actions Prohibited
10. Youth Sports
11. Work Experience Participation
12. Safeguarding Personal Information of Minors
13. Contract Agency Performance Measures and Reporting Requirements
14. Suffolk County Local Laws Website Address
15. Suffolk County Code of Ethics
16.Notification of Cyber Security Breach
Article V
General Fiscal Terms and Conditions
1. General Payment Terms
a. Presentation of Suffolk County Payment Voucher
b. Voucher Documentation
c. Payment by County
d. Budget Modification
e. Budget and/or Services Revisions
f. Taxes
g. Final Voucher
2. Subject to Appropriation of Funds
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
4. Accounting Procedures
5. Audit of Financial Statements
6. Financial Statements and Audit Requirements
7. Furniture, Fixtures, Equipment, Materials, Supplies
a. Purchases, Rentals or Leases Requiring Prior Approval
b. Purchase Practices/Proprietary Interest of County
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c. County's Right to Take Title and Possession
d. Inventory Records, Controls and Reports
e. Protection of Property in Contractor's Custody
f. Disposition of Property in Contractor's Custody
8. Lease or Rental Agreements
9. Statement of Other Contracts
10. Miscellaneous Fiscal Terms and Conditions
a. Limit of County's Obligations
b. Duplicate Payment from Other Sources
c. Funding Identification
d. Outside Funding for Non-County Funded Activities
e. Potential Revenue
f. Payments Contingent upon State/Federal Funding
g. Denial of Aid
h. Budget
i. Payment of Claims
j. Payments Limited to Actual Net Expenditures
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1
1. Salaries
in. Salary Increases
n. Contractor Vacancies
o. No Limitation On Rights
p. Comptroller's Rules and Regulations
Article VI
Budget
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Article I
Description of Services
Whereas,the Contractor has been identified in the 2024 Suffolk County Adopted Budget under the pseudo code
as listed on page one of the Contract to perform the Services for the Department; and
Whereas the Department desires to have the Contractor provide a Juvenile Delinquency Prevention
Program and
Whereas, the Contractor agrees to provide such a program to the County
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto
agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Services
Description of Services referred as set forth in the Program Summary, Description of Services and
requirements. Legislative Designated Funding Application; Description of Services.
3. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013
a. If payment under this Contract may exceed $50,000, it is subject to the requirements of Suffolk
County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to
Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of
Chapter 189 of the Suffolk County Code)as set forth in Article IV of this Contract entitled"Suffolk
County Legislative Requirements."
b. The Contractor shall cooperate with the Department in all aspects necessary to carry out the
requirements of Local Law 41-2013.
4. SuffolkSTAT
Beginning in the second month of the Contract Term for contracts subject to Suffolk County Local Law
No. 41-2013, the Contractor shall submit monthly actual performance data, also known as key
performance indicators ("KPIs") for the prior month's data, and analysis of the Contract performance
measures via the County's SuffolkSTAT application by linking onto
http://suffolkstat.suffolkcountyny.gov no later than the 15th of each month of the Contract Term, as more
specifically set forth in Exhibit A to this Contract.
End of Text for Article I
5 of 25 pages
ARTICLE I
09FS-5001(,Rev.1112013) Page 1 of 2
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
INDIVIDUAL PROGRAM APPLICATION
Program Information
Program Title: QYQS'Ip'#(ForCqunfy;;Use Oily`) n +w=' Program Year.
Southold Youth Services ' .` ' hi '?4 12024
-NG�
•� �r,t.• a:%.-. ..::w'-n.•..:.`..,:.;: .. «
:.j FUNDI I T - -
Funding Category: County:
®Youth Development Funding ❑RHYA-Part I ❑RHYA-Part II Suffolk
'�i�- •rYl.-
- S Total Program Amount: OCFS Funds Requested:
$ 9,089.00 $q,D8ci.oo
:Amount3`Allbcafed= ..ram:" o
.�> ���; ;,•;: 60/o State Aid RHYA Programs ONLY /o Tax Match
.��:� ,;��;•;: wry
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/o
0
Agency
0
' A Cash: /o n Kind
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E CYSINF. RMATION:G O -
This Agency is: Federal ID M Charities Reg.#:
❑Private,Not for Profit ®Public ❑Religious Corporations 11-6001930 NA
Agency Website: Implementing Agency:
www.southoldtownny.gov Town of Southold
Mailing Address:
P.O. Box 1179
Address Line 2:
53095 Main Road
City: State: Zip Code:
Southold NY 11971
J.
,:iwj::;: mat•;. _r:=EXEC TIVE=DIRECTOR=FOR 'GE CY��:r:r• �.�:° .�:-
U A N ;�=•
Last Name: First Name:
Krupski, Jr. Albert
Title: Phone Number. Extension:
Supervisor 631-765-1889
Fax Number: E-Mail:
631-765-1823 alk@southoldtownny.gov
N ACTf:P.ERS R GENCXs. �_ :=a�".
Last Name: First Name:
Maloney Tracey
Title: Phone Number, Extension:
Youth Bureau Director 631-765-8251
Fax Number: E-Mail:
Traceym@southoldtownny.gov
-.-��- t- ar,t.:.r,,..r•,.a.t::.; >rc a :cr a,, .a�",:•...�.,,.. ....tir:�:z.-_r::..--sr,'c:.::'... =t:`_:•.r;::..;.:.,,.
n�PERI ,D,=••F:AGTUAL<PR RA %OP •:� �::�:a,�:�,r ,' t: ."P"1.1:A•� .d�JPpt3^ frv`t�it. f Y-
-.0. .C5� QG- M, „ERi4TI.OfV.. .f•, -= ��... =,.Fi0Ui2S-.OF'�OPERAT'IOIV.;w;..,,,f_SS.'t; •S. .�.�f�f^,.-}�fY},.:., �I:.:,,.. • r4"�?,..
FROM: 01/01/2024 TO: 12/31/2024 4 FROM: 9:OOAM TO: 5:OOPM
® Daily ❑Other(Explain)
EXECUTI E DIRECTORY/BerARD CHAIRPERSON SIGNATURE
Disclaimer:Please note that submission of these forms to the County Youth Bureau does NOT
guarantee funding will be allocated to your program.
❑ Changes have been submitted on the electronic OCFS-5001,5002,5003.
r 1
PAUL M.➢)eCHANCE ALBERT J.KRUPSHI,JR.
TOWNATTORNEY ��®� ��'�® Supervisor
pauld@southoldtownny.gov
JAMES A.SQUICCIAIBM Town Hall Annex,54375 Route 25
DEPUTY TOWN ATTORNEY P.O.Box 1179
jacks@southoldtownny.gov ® Southold,New York 11971-0959
JULI E 1%L McGrVNEY
ASSISTANT TOWN ATTORNEY Telephone(631)765-1939
juliem@southoldtownnygov Facsimile(631)765-6639
EENJAMW JOHNSON OFFICE OF
ASSISTANT TOWN ATTORNEY THE TOWN ATTORNEY
beniaminj@southoldtownny.gov TOWN OF SOUTHOLD
Town of Southold Youth Services Consultant
The consultant shall provide individual and crisis intervention counseling along with substance
abuse/education services for the youth in the town of Southold.
The consultant will provide group, family, and individual counseling to those referred for
services. A referral network with other Youth Service agencies will be maintained. The
consultant will attend, and or provide program/lectures on youth related issue as requested.
The-consultant will aid the Southold Town Juvenile Aid Bureau on youth related problems and
solutions as well as assist the Town of Southold Youth Court.
The consultant will work with the Town of Southold Youth Bureau on youth related issues such
as prevention initiatives and the development of solutions to identity problems.
The consultant will provide any and all other services,upon mutual agreement as needed by the
Town of Southold's Youth Services Program.
These services are available to all Suffolk County Youth.
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Article II agent for service of process;or
Definitions
d. the Contractor's failure to comply with any
1. Meanings of Terms Federal, State or local law, rule, or regulation, and County
policies or directives;or
As used herein:
e. the Contractor's bankruptcy or insolvency;or
"Audit of Financial Statements"means the examination by
the Comptroller and any Federal or State auditing authority f. the Contractor's failure to cooperate in an Audit of
of the financial statements of the Contractor resulting in the Financial Statements;or
publication of an independent opinion on whether or not
those financial statements are relevant, accurate, complete, g• the Contractor's falsification of records or reports,
and fairly presented. misuse of funds,or malfeasance or nonfeasance in financial
record keeping arising out of, or in connection with, any
"Budget" means the Contractor's summary or plan of all contract with the County;or
intended revenue, whether received in the form of fees,
grants, County funding, or any other source, and h. the Contractor's failure to submit, or failure to
expenditures necessary to render the Services. timely submit, documentation to obtain Federal or State
funds;or
"Budget Deficiency Plan"means an analysis of the cost of
the Services, changes in fiscal conditions, and required i. the inability of the County or the Contractor to
modifications to the Contract to continue to render the obtain Federal or State funds due to any act or omission of
Services. the Contractor;or
"Comptroller" means the Comptroller of the County of J• any condition that the County determines, in its
Suffolk. sole discretion,is dangerous.
"Contract"means all terms and conditions of this Contract k. the failure to comply with Local Law 41-2013 and
forming all rights and obligations of the Contractor and the related contractual requirements.
County.
"Federal" means the United States government, its
"Contractor"means the signatory corporation,its officers, departments,and agencies.
officials, employees, agents, servants, sub-contractors,
volunteers, and any successor or assign of any one or more "Fringe Benefits" means non-wage benefits which
of the foregoing performing the Services. accompany, or are in addition to, a person's salary,such as
paid insurance, sick leave, profit-sharing plans, paid
"County"means the County of Suffolk,its departments,and holidays,and vacations.
agencies.
"Fund Source"means any direct or indirect sum payable to
"County Attorney" means the County Attorney of the the Contractor by the County pursuant to any lawful
County of Suffolk. obligation.
"Department" means the signatory department approving "Legislature" means the Legislature of the County of
the Contract. Suffolk.
"Engineering Services"means the definition of the practice "Management Letter"means a letter certified as true by the
of engineering and the definition of practice of land Contractor's certified public accountant or chief financial
surveying, as the case may be, under Section 7201 and officer of findings and recommendations for improvements
Section 7203 of the State Education Law,respectively. in internal fiscal control that were identified during an Audit
of Financial Statements,but which were not required to be
"Event of Default"means included in an audit report.
a. the Contractor's failure to perform any duty "Municipal Corporation"means a town,village,or school
required of it under paragraphs 1(b)-(e)of Article III of the district.
Contract;or
"Services"means all that which the Contractor must do,and
b. the Contractor's failure to maintain the amount any part thereof arising out of, or in connection with, the
and types of insurance with an authorized insurer as required Contract as described in Article I"Description of Services."
by the Contract;or
"State"means the State of New York.
C. the Contractor's failure to maintain insurance
required by the Contract with an insurer that has designated "Statement of Other Contracts"means a complete list of
the New York Superintendent of Insurance as its lawful all other contracts under which money has been or will be
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ARTICLE II
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paid to the Contractor from the County, Federal, or State
governments,or a Municipal Corporation,and(i)which are
currently in effect or(ii)which have expired within the past
twelve(12)months and have not been renewed.
"Suffolk County Payment Voucher"means the document
authorized and required by the Comptroller for release of
payment.
"Term"means the time period set forth on page one of the
Contract and,if exercised by the County,the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include
correlative words of the feminine and neuter genders and
words importing the singular number shall mean and include
the plural number and vice versa. Words importing persons
shall include firms, associations, partnerships (including
limited partnerships), trusts, corporations, and other legal
entities, including public bodies,as well as natural persons,
and shall include successors and assigns.
Capitalized terms used, but not otherwise defined, herein,
shall have the meanings assigned to them in the Contract.
End of Text for Article H
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ARTICLE H
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Article III Contractor's ability to render the Services, every
General Terms and Conditions other term and provision of the Contract shall be
valid and enforceable to the fullest extent
1. Contractor Responsibilities permitted by law.
a. Duties and Obligations d. Documentation of Professional Standards
i.) It shall be the duty of the Contractor to The Contractor shall maintain on file, in one location in
discharge, or cause to be discharged, all of its Suffolk County, all records that demonstrate that it has
responsibilities, and to administer funds received complied with sub-paragraphs (b) and (c) above. The
in the interest of the County in accordance with the address of the location of the aforesaid records and
provisions of the Contract. documents shall be provided to the County no later than the
date of execution of the Contract. Such documentation shall
ii.) The Contractor shall promptly take all be kept, maintained, and available for inspection by the
action as may be necessary to render the Services. County upon twenty-four(24)hours notice.
iii.) The Contractor shall not take any action e. Credentialing
that is inconsistent with the provisions of the
Contract. i.) In the event that the Department,or any
division thereof,maintains a credentialing process
iv.) Services provided under this Contract to qualify the Contractor to render the Services,
shall be open to all residents of the County. the Contractor shall complete the required
credentialing process. In the event that any State
b. Qualifications, Licenses, and Professional credential, registration, certification or license,
Standards Drug Enforcement Agency registration, or
Medicare or Medicaid certification is restricted,
The Contractor represents and warrants that it has,and shall suspended, or temporarily or permanently
continuously possess, during the Term, the required revoked,it is the duty of the Contractor to contact
licensing, education, knowledge, experience, and character the Department, or division thereof, as the case
necessary to qualify it to render the Services. may be, in writing, no later than three (3) days
after such restriction,suspension,or revocation.
The Contractor shall continuously have during the Term all
required authorizations, certificates, certifications; ii.) The Contractor shall forward to the
registrations,licenses,permits,and other approvals required Department, or division thereof, as the case may
by Federal, State, County, or local authorities necessary to be, on or before July 1 of each year during the
qualify it to render the Services. Term, a complete list of the names and addresses
of all persons providing the Services, as well as
C. Notifications their respective areas of certification,
credentialing,registration,and licensing.
i.) The Contractor shall immediately notify
the County, in writing, of any disciplinary f. Engineering Certificate
proceedings, commenced or pending, with any
authority relating to a license held by any person In the event that the Contract requires any Engineering
necessary to qualify him,her,or the Contractor to Services,the Contractor shall submit to the County,no later
perform the Services. than the due date for submission for approval of any
engineering work product, the Certificate of Authorization
ii.) In the event that a person is no longer ("Certificate"), issued pursuant to §7210 of the New York
licensed to perform the Services, the Contractor Education Law,of every person performing any Engineering
must immediately notify the County, but in no Services. The failure to file, submit, or maintain the
event shall such notification be later than five(5) Certificate shall be grounds for rejection of any engineering
days after a license holder has lost the license work product submitted for approval.
required to qualify the license holder or the
Contractor to perform the Services. 2. Termination
iii.) In the event that the Contractor is not a. Thirty Days Termination
able to perform the Services due to a loss of
license,the Contractor shall not be reimbursed for The County shall have the right to terminate the Contract
the Services rendered after the effective date of without cause,for any reason, at any time,upon such terms
termination of such license. Without limiting the and conditions it deems appropriate,provided,however,that
generality of the foregoing, if any part of the no such termination shall be effective unless the Contractor
Contract remains to be performed, and the is given at least thirty(30)days'notice.
termination of the license does not affect the
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ARTICLE III
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b. Event of Default;Termination on Notice liabilities, fines, penalties, actions, damages, claims,
demands, judgments, losses, suits or actions, costs, and
i.) The County may immediately terminate expenses arising out of any claim asserted for infringement
the Contract, for cause, upon such terms and of copyright, including reimbursement of the cost of
conditions it deems appropriate, in the Event of reasonable attorneys'fees incurred by the County,its agents,
Default as defined in Article II. servants, officials, and employees in any action or
proceeding arising out of or in connection with any claim
ii.) If the Contractor defaults under any asserted for infringement of copyright.
other provision of the Contract, the County may
terminate the Contract, on not less than five (5) C. The Contractor shall defend the County,its agents,
days' notice, upon such terms and conditions it servants, officials, and employees in any proceeding or
deems appropriate. action, including appeals, arising out of, or in connection
with, the Contract, and any copyright infringement
C. Termination Notice proceeding or action.Alternatively, at the County's option,
the County may defend any such proceeding or action and
Any notice providing for termination shall be delivered as require the Contractor to pay reasonable attorneys' fees or
provided for in paragraph 27 of this Article III. salary costs of County employees of the Department of Law
for the defense of any such suit.
d. Duties upon Termination
4. Insurance
i.) The Contractor shall discontinue the
Services as directed in the termination notice. a. The Contractor shall continuously maintain,
during the Term of the Contract, insurance in amounts and
ii.) Subject to any defenses available to it, types as follows:
the County shall pay the Contractor for the
Services rendered through the date of termination. j i.) Commercial General Liability
insurance, including contractual liability
iii.) The County is released from any and all coverage, in an amount not less than Two Million
liability under the Contract,effective as of the date Dollars($2,000,000.00)per occurrence for bodily
of the termination notice. injury and Two Million Dollars ($2,000,000.00)
per occurrence for property damage. The County
iv.) Upon termination, the Contractor shall shall be named an additional insured.
reimburse the County the balance of any funds
advanced to the Contractor by the County no later ii.) Automobile Liability insurance (if any
than thirty (30) days after termination of the non-owned or owned vehicles are used by the
Contract. The provisions of this subparagraph Contractor in the performance of the Contract)in
shall survive the expiration or termination of the an amount not less than Five Hundred Thousand
Contract. Dollars($500,000.00)per person,per accident,for
bodily injury and not less than One Hundred
V.) Nothing contained in this paragraph Thousand Dollars ($100,000.00) for property
shall be construed as a limitation on the County's damage per occurrence. The County shall be
rights set forth in paragraphs 1(c)(iii)and 8 of this named an additional insured.
Article III.
iii.) Workers' Compensation and
3. Indemnification and Defense Employer's Liability insurance, Disability
Benefits insurance, including coverage for Paid
a. The Contractor shall protect,indemnify,and hold Family Leave Benefits, in compliance with all
harmless the County, its agents, servants, officials, and applicable New York State laws and regulations,
employees from and against all liabilities, fines, penalties, if required by law. The Contractor shall furnish to
actions,damages,claims,demands,judgments,losses,suits the County,prior to its execution of the Contract,
or actions, costs, and expenses caused by the negligence or the documentation required by the State of New
any acts or omissions of the Contractor, including York Workers' Compensation Board of coverage
reimbursement of the cost of reasonable attorneys' fees or exemption from coverage pursuant to§§57 and
incurred by the County, its agents, servants, officials, and 220 of the Workers' Compensation Law. In
employees in any action or proceeding arising out of, or in accordance with General Municipal Law § 108,
connection with,the Contract. the Contract shall be void and of no effect unless
the Contractor shall provide and maintain
b. The Contractor hereby represents and warrants coverage during the Term for the benefit of such
that it will not infringe upon any copyright in performing the employees as are required to be covered by the
Services. The Contractor agrees that it shall protect, provisions of the Workers'Compensation Law.
indemnify, and hold harmless the County, its agents,
servants, officials, and employees from and against all iv.) Professional Liability insurance in an
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ARTICLE III
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amount not less than Two Million Dollars such term or provision to persons or circumstances other
($2,000,000.00) on either a per-occurrence or than those as to which it is held invalid or unenforceable,
claims-made coverage basis. shall not be affected thereby, and every other term and
provision of the Contract shall be valid and shall be enforced
b. The County may mandate an increase in the to the fullest extent permitted by law.
liability limits set forth in the immediately preceding
paragraphs(4)(a)(i),(ii),and(iv). 7. Merger;No Oral Changes
C. All policies providing such coverage shall be It is expressly agreed that the Contract represents the entire
issued by insurance companies authorized to do business in agreement of the parties and that all previous understandings
New York with an A.M.Best rating of A-or better. are herein merged in the Contract. No modification of the
Contract shall be valid unless in written form and executed
d. The Contractor shall furnish to the County, prior by both parties.
to the execution of the Contract,declaration pages for each
policy of insurance, other than a policy for commercial 8. Set-Off Rights
general liability insurance, and upon demand, a true and
certified original copy of each such policy evidencing The County shall have all of its common law,equitable,and
compliance with the aforesaid insurance requirements. statutory rights of set-off. These rights shall include,but not
be limited to,the County's option to withhold from a Fund
e. In the case of commercial general liability Source an amount no greater than any sum due and owing to
insurance the Contractor shall furnish to the County,prior to the County for any reason. The County shall exercise its set-
the execution of the Contract,a declaration page or insuring off rights subject to approval by the County Attorney. In
agreement and endorsement page evidencing the County's cases of set-off pursuant to a Comptroller's audit,the County
status as an additional insured on said policy, and upon shall only exercise such right after the finalization thereof,
demand, a true and certified original copy of such policy and only after consultation with the County Attorney.
evidencing compliance with the aforesaid insurance
requirements. 9. Non-Discrimination in Services and Employment
f. All evidence of insurance shall provide for the a. The Contractor shall not, on the grounds of race,
County to be notified in writing thirty(30)days prior to any creed, color, national origin, sex, age, disability, sexual
cancellation,nonrenewal,or material change in the policy to orientation,military status,or marital status
which such evidence relates. It shall be the duty of the
Contractor to notify the County immediately of any i.) deny any individual the Services
cancellation, nonrenewal, or material change in any provided pursuant to the Contract;or
insurance policy.
ii.) provide the Services to an individual
g. In the event the Contractor shall fail to provide that is different, or provided in a
evidence of insurance,the County may provide the insurance different manner, from those provided
required in such manner as the County deems appropriate to others pursuant to the Contract;or
and deduct the cost thereof from a Fund Source.
iii.) subject an individual to segregation or
h. If the Contractor is a Municipal Corporation and separate treatment in any matter related
has a self-insurance program under which it acts as a self- to the individual's receipt of the
insurer for any of such required coverage, the Contractor Services provided pursuant to the
shall provide proof,acceptable to the County,of self-funded Contract;or
coverage.
iv.) restrict an individual in any way from
5. Independent Contractor any advantage or privilege enjoyed by
others receiving the Services provided
The Contractor is not, and shall never be, considered an pursuant to the Contract;or
employee of the County for any purpose. Notwithstanding
anything contained in this Contract,the Contract shall not be v.) treat an individual differently from
construed as creating a principal-agent relationship between others in determining whether or not the
the County and the Contractor or the Contractor and the individual satisfies any eligibility or
County,as the case may be. other requirements or conditions which
individuals must meet in order to
6. Severability receive the Services provided pursuant
to the Contract;or
It is expressly agreed that if any term or provision of this
Contract, or the application thereof to any person or vi.) discriminate against employees or
circumstance, shall be held invalid or unenforceable to any applicants for employment.
extent, the remainder of the Contract, or the application of
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b. The Contractor shall not utilize criteria or methods each other, without compensation, any and all cooperation
of administration which have the effect of subjecting that may be required to defend the other party,its employees
individuals to discrimination because of their race, creed, and designated representatives, against any claim, demand
color,national origin,sex,age,disability,sexual orientation, or action that may be brought against the other party, its
military status, or marital status, or have the effect of employees or designated representatives arising out of,or in
substantially impairing the Contract with respect to connection with,the Contract.
individuals of a particular race,creed,color,national origin,
sex, age, disability, sexual orientation, military status, or 15. Confidentiality
marital status,in determining:
Any document of the County, or any document created by
i.) the Services to be provided;or the Contractor and used in rendering the Services, shall
remain the property of the County and shall be kept
ii.) the class of individuals to whom,or the confidential in accordance with applicable laws, rules, and
situations in which,the Services will be regulations.
provided;or
16. Assignment and Subcontracting
iii.) the class of individuals to be afforded an
opportunity to receive the Services. a. The Contractor shall not delegate its duties under
the Contract,or assign,transfer,convey,subcontract,sublet,
10. Nonsectarian Declaration or otherwise dispose of the Contract,or any of its right,title
or interest therein, or its power to execute the Contract, or
The Services performed under the Contract are secular in assign all or any portion of the moneys that may be due or
nature. No funds received pursuant to the Contract shall be become due hereunder, (collectively referred to in this
used for sectarian purposes or to further the advancement of paragraph 16 as"Assignment"), to any other person, entity
any religion. The Services will be available to all eligible or thing without the prior written consent of the County,and
individuals regardless of religious belief or affiliation. any attempt to do any of the foregoing without such consent
shall be void ab initio.
11. Governing Law
b. Such Assignment shall be subject to all of the
The Contract shall be governed by, and construed in provisions of the Contract and to any other condition the
accordance with,the laws of the State of New York,without County requires. No approval of any Assignment shall be
regard to conflict of laws.Venue shall be designated in the construed as enlarging any obligation of the County under
Supreme Court, Suffolk County, the United States District the terms and provisions of the Contract. No Assignment of
Court for the Eastern District of New York, or, if the Contract or assumption by any person of any duty of the
appropriate, a court of inferior jurisdiction in Suffolk Contractor under the Contract shall provide for,or otherwise
County. be construed as, releasing the Contractor from any term or
provision of the Contract.
12. No Waiver
17. Changes to Contractor
It shall not be construed that any failure or forbearance of the
County to enforce any provision of the Contract in any a. The Contractor may,from time to time,only with
particular instance or instances is a waiver of that provision. the County's written consent, enter into a Permitted
Such provision shall otherwise remain in full force and Transfer.For purposes of the Contract,a Permitted Transfer
effect,notwithstanding any such failure or forbearance. means:
13. Conflicts of Interest i.) if the Contractor is a partnership, the
withdrawal or change, whether
The Contractor shall not, during the Term,pursue a course voluntary, involuntary or by operation
of conduct which would cause a reasonable person to believe of law, of the partners, or transfer of
that he or she is likely to be engaged in acts that create a partnership interests (other than the
substantial conflict between its obligations under the purchase of partnership interests by
Contract and its private interests. The Contractor is charged existing partners, by the partnership
with the duty to disclose to the County the existence of any itself or the immediate family members
such adverse interests, whether existing or potential. This by reason of gift,sale or devise), or the
duty shall continue as long as the Term.The determination dissolution of the partnership without
as to whether or when a conflict may potentially exist shall immediate reconstitution thereof,and
ultimately be made by the County Attorney after full
disclosure is obtained. ii.) if the Contractor is a closely held
corporation (i.e. whose stock is not
14. Cooperation on Claims publicly held and not traded through an
exchange or over the counter):
The Contractor and the County shall render diligently to
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1. the dissolution, merger, the County shall be deemed to have granted its consent to
consolidation or other such Permitted Transfer.
reorganization of the
Contractor;and e. Notwithstanding the County's consent,
2. the sale or other transfer of i.) the terms and conditions of the Contract
twenty percent(201/o)or more shall in no way be deemed to have been
of the shares of the Contractor waived or modified;and
(other than to existing
shareholders, the corporation ii.) such consent shall not be deemed
itself or the immediate family consent to any further transfers.
members of shareholders by
reason of gift,sale or devise). 18. No Intended Third Party Beneficiaries
b. If the Contractor is a not-for-profit corporation, a The Contract is entered into solely for the benefit of the
change of twenty percent (20%) or more of its shares or County and the Contractor. No third party shall be deemed
members shall be deemed a Permitted Transfer. a beneficiary of the Contract and no third party shall have
the right to make any claim or assert any right under the
C. The Contractor shall notify the County in writing, Contract.
which notice(the"Transfer Notice")shall include:
19. Certification as to Relationships
i.) the proposed effective date of the
Permitted Transfer, which shall not be The Contractor certifies under penalties of perjury that to the
less than thirty(30)days nor more than best of its knowledge,other than through the funds provided
one hundred eighty(180)days after the in the Contract and other valid agreements with the County,
date of delivery of the Transfer Notice; there is no known spouse,life partner,business,commercial,
economic, or financial relationship with the County or its
ii.) a summary of the material terms of the elected officials. The Contractor also certifies to the best of
proposed Permitted Transfer; its knowledge that there is no relationship within the third
degree of consanguinity,between the Contractor,any of its
iii.) the name and address of the proposed partners, members, directors, or shareholders owning five
transferee; (5%)percent or more of the Contractor,and the County. The
foregoing certification shall not apply to a contractor that is
iv.) such information reasonably required by a municipal corporation or a government entity.
the County, which will enable the
County to determine the financial 20. Publications
responsibility, character, and reputation
of the proposed transferee,nature of the Any book,article,report,or other publication related to the
proposed assignee/transferee's business Services provided pursuant to this Contract shall contain the
and experience; following statement in clear and legible print:
V.) all executed forms required pursuant to "This publication is fully or partially funded by the County
Article IV of the Contract, that are of Suffolk."
required to be submitted by the
Contractor;and 21. Copyrights and Patents
vi.) such other information as the County a. Copyrights
may reasonably require.
Any and all materials generated by or on behalf of the
d. The County agrees that any request for its consent Contractor while performing the Services (including,
to a Permitted Transfer shall be granted, provided that the without limitation,designs,images,video,reports,analyses,
transfer does not violate any provision of the Contract, and manuals, films,tests, tutorials, and any other work product
the transferee has not been convicted of a criminal offense of any kind) and all intellectual property rights relating
as described under Article II of Chapter 189 of the Suffolk thereto("Work Product")are and shall be the sole property
County Code. The County shall grant or deny its consent to of the County. The Contractor hereby assigns to the County
any request of a Permitted Transfer within twenty(20)days its entire right,title and interest,if any,to all Work Product,
after delivery to the County of the Transfer Notice, in and agrees to do all acts and execute all documents, and to
accordance with the provisions of Paragraph 27 of Article III use its best efforts to ensure that its employees,consultants,
of the Contract. If the County shall not give written notice subcontractors, vendors and agents do all acts and execute
to the Contractor denying its consent to such Permitted any documents, necessary to vest ownership in the County
Transfer (and setting forth the basis for such denial in of any and all Work Product. The Contractor may not secure
reasonable detail)within such twenty(20)-day period,then copyright protection. The County reserves to itself,and the
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Contractor hereby gives to the County, and to any other employees, as defined in the law, shall be required to sign
person designated by the County, consent to produce, such sign-in sheets/register/log books to indicate their
reproduce, publish, translate, display or otherwise use the presence on the construction site during such working hours.
Work Product. This paragraph shall survive any completion,
expiration or termination of this Contract. 24. Certification Regarding Lobbying
The County shall be deemed to be the author of all the Work Together with this Contract and as a condition precedent to
Product. The Contractor acknowledges that all Work its execution by the County, the Contractor shall have
Product shall constitute"work made for hire"under the U.S. executed and delivered to the County the Certification
copyright laws. To the extent that any Work Product does Regarding Lobbying (if payment under this Contract may
not constitute a"work made for hire,"the Contractor hereby exceed $100,000) as required by Federal regulations, and
assigns to the County all right, title and interest, including shall promptly advise the County of any material change in
the right, title and interest to reproduce, edit,adapt,modify any of the information reported on such Certification, and
or otherwise use the Work Product,that the Contractor may shall otherwise comply with, and shall assist the County in
have or may hereafter acquire in the Work Product, complying with, said regulations as now in effect or as
including all intellectual property rights therein, in any amended during the term of this Contract.
manner or medium throughout the world in perpetuity
without compensation. This includes,but is not limited to, 25. Record Retention
the right to reproduce and distribute the Work Product in
electronic or optical media, or in CD-ROM, on-line or The Contractor shall retain all accounts,books,records,and
similar format. other documents relevant to the Contract for seven(7)years
after final payment is made by the County. Federal, State,
b. Patents and/or County auditors and any persons duly authorized by
the County shall have full access and the right to examine
If the Contractor develops, invents, designs or creates any any of said materials during said period. Such access is
idea, concept, code, processes or other work or materials granted notwithstanding any exemption from disclosure that
during the Term, or as a result of any Services performed may be claimed for those records which are subject to
under the Contract("patent eligible subject matter"),it shall nondisclosure agreements, trade secrets and commercial
be the sole property of the County. The Contractor hereby information or financial information that is privileged or
assigns to the County its entire right,title and interest,if any, confidential Without limiting the generality of the foregoing,
to all patent eligible subject matter,and agrees to do all acts records directly related to contract expenditures shall be kept
and execute all documents, and to use its best efforts to for a period of ten (10) years because the statute of
ensure that its employees, consultants, subcontractors, limitations for the New York False Claims Act(New York
vendors and agents do all acts and execute any documents, False Claims Act§ 192)is ten(10)years.
necessary to vest ownership in the County of any and all
patent eligible subject matter. The Contractor may not apply 26. Contract Agency Performance Measures and Reporting
for or secure for itself patent protection. The County Requirements—Local Law No.41-2013
reserves to itself, and the Contractor hereby gives to the
County, and to any other person designated by the County, a. If payment under this Contract may exceed
consent to produce or otherwise use any item so discovered $50,000,it is subject to the requirements of Suffolk County
and/or the right to secure a patent for the discovery or Local Law No. 41-2013, a Local Law to Implement
invention. This paragraph shall survive any completion, Performance Measurement to Increase Accountability and
expiration or termination of this Contract. Enhance Service Delivery by Contract Agencies (Article
VIII of Chapter 189 of the Suffolk County Code)as set forth
22. Arrears to County in Article IV entitled "Suffolk County Legislative
Requirements."
Contractor warrants that, except as may otherwise be
authorized by agreement, it is not in arrears to the County b. The Contractor shall cooperate with the
upon any debt, contract,or any other lawful obligation,and Department in all aspects necessary to help carry out the
is not in default to the County as surety. requirements of the Law.Based on criteria established by the
Contractor in conjunction with the Department, the
23. Lawful Hiring of Employees Law in Connection with Contractor shall submit monthly reports regarding the
Contracts for Construction or Future Construction Contractor's performance relative to the established criteria,
on dates and times as specified by the Department,as more
In the event that the Contract is subject to the Lawful Hiring fully set forth in Article I and Article IV of this Contract.
of Employees Law of the County of Suffolk,Suffolk County
Code Article II of Chapter 353,as more fully set forth in the C. The Contractor shall submit an annual report to the
Article entitled"Suffolk County Legislative Requirements," Department regarding the Contractor's performance no later
the Contractor shall maintain the documentation mandated than July 31 of each year of the Term.All performance data
to be kept by this law on the construction site at all times. and reports will be subject to audit by the Comptroller.
Employee sign-in sheets and register/log books shall be kept
on the construction site at all times and all covered 27. Notice
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Unless otherwise expressly provided, all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular first class mail and certified mail, or personally
delivered during business hours as follows: 1.) to the
Contractor at the address on page 1 of the Contract and 2.)
to the County at the Department, or as to either of the
foregoing,to such other address as the addressee shall have
indicated by prior written notice to the addressor. All notices
received by the Contractor relating to a legal claim shall be
immediately sent to the Department and also to the County
Attorney at H. Lee Dennison Building, 100 Veterans
Memorial Highway, P.O. Box 6100, (Sixth Floor),
Hauppauge,New York, 11788-0099.
End of Text for Article III
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Article IV
Suffolk County Legislative Requirements 3. Use of County Resources to Interfere with Collective
Bargaining Activities
NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE It shall be the duty of the Contractor to read,become familiar
REQUIREMENTS FORMS REFERENCED HEREIN ARE with, and comply with the requirements of Article I of
AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON Chapter 803 of the Suffolk County Code.
THE SIGNATURE PAGE OF THIS CONTRACT.
County Contractors (as defined by section 803-2) shall
1. Contractor's/Vendor's Public Disclosure Statement comply with all requirements of Chapter 803 of the Suffolk
County Code,including the following prohibitions:
It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of section A5-8 of a. The Contractor shall not use County funds to
Article V of the Suffolk County Code. assist,promote,or deter union organizing.
Unless certified by an officer of the Contractor as being b. No County funds shall be used to reimburse the
exempt from the requirements of section A5-8 of Article V Contractor for any costs incurred to assist,promote,or deter
of the Suffolk County Code, the Contractor represents and union organizing.
warrants that it has filed with the Comptroller the verified
public disclosure statement required by Suffolk County C. No employer shall use County property to hold a
Administrative Code Article V, section A5-8 and shall file meeting with employees or supervisors if the purpose of such
an update of such statement with the Comptroller on or meeting is to assist,promote,or deter union organizing.
before the 3 lst day of January in each year of the Contract's
duration. The Contractor acknowledges that such filing is a If the Services are performed on County property, the
material, contractual and statutory duty and that the failure Contractor must adopt a reasonable access agreement, a
to file such statement shall constitute a material breach of the neutrality agreement, fair communication agreement, non-
Contract, for which the County shall be entitled, upon a intimidation agreement, and a majority authorization card
determination that such breach has occurred,to damages,in agreement.
addition to all other legal remedies,of fifteen percent(15%)
of the amount of the Contract. If the Services are for the provision of human services and
are not to be performed on County property,the Contractor
Required Form: must adopt,at the least,a neutrality agreement.
Suffolk County Form SCEX 22; entitled
"Contractor's/Vendor's Public Disclosure Statement" Under the provisions of Chapter 803,the County shall have
the authority,under appropriate circumstances,to terminate
2. Living Wage Law the Contract and to seek other remedies as set forth therein,
for violations of this Law.
It shall be the duty of the Contractor to read,become familiar Required Form:
with, and comply with the requirements of Chapter 575, of Suffolk County Labor Law Form DOL-LO1 (Revised
the Suffolk County Code. 2/2020); entitled "Suffolk County Department of Labor,
This Contract is subject to the Living Wage Law of the Licensing & Consumer Affairs — Union Organizing
County of Suffolk. The law requires that, unless specific Certification/Declaration-Subject to Audit."
exemptions apply, all employers (as defined)under service
contracts and recipients of County financial assistance, (as 4. Lawful Hiring of Employees Law
defined) shall provide payment of a minimum wage to
employees as set forth in the Living Wage Law. Such rate It shall be the duty of the Contractor to read,become familiar
shall be adjusted annually pursuant to the terms of the with, and comply with the requirements of Article II of
Suffolk County Living Wage Law of the County of Suffolk. Chapter 353 of the Suffolk County Code.
Under the provisions of the Living Wage Law, the County
shall have the authority,under appropriate circumstances,to This Contract is subject to the Lawful Hiring of Employees
terminate the Contract and to seek other remedies as set forth Law of the County of Suffolk. It provides that all covered
therein,for violations of this Law. employers,(as defined),and the owners thereof,as the case
may be,that are recipients of compensation from the County
Required Forms: through any grant, loan, subsidy, funding, appropriation,
Suffolk County Living Wage Form DOL-LW1/38(Revised payment, tax, incentive, contract, subcontract, license
12/2021) entitled "SUFFOLK COUNTY DEPARTMENT agreement,lease or other financial compensation agreement
OF LABOR, LICENSING & CONSUMER AFFAIRS— issued by the County or an awarding agency, where such
NOTICE OF APPLICATION FOR COUNTY compensation is one hundred percent(100%)funded by the
COMPENSATION-LIVING WAGE County, shall submit a completed sworn affidavit (under
CERTIFICATION/DECLARATION-SUBJECT TO penalty of perjury),the form of which is attached,certifying
AUDIT." that they have complied,in good faith,with the requirements
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of Title 8 of the United States Code Section 1324a with Suffolk County Code,Chapter 353 (2006)"DOL-LHE 1/2
respect to the hiring of covered employees(as defined) and (REVISED 8/2017).
with respect to the alien and nationality status of the owners 5. Gratuities
thereof. The affidavit shall be executed by an authorized
representative of the covered employer or owner,as the case It shall be the duty of the Contractor to read,become familiar
may be; shall be part of any executed contract, subcontract, with, and comply with the requirements of Chapter 664 of
license agreement, lease or other financial compensation the Suffolk County Code.
agreement with the County; and shall be made available to
the public upon request. The Contractor represents and warrants that it has not
offered or given any gratuity to any official, employee or
All contractors and subcontractors (as defined) of covered agent of the County or the State or of any political party,with
employers,and the owners thereof, as the case may be,that the purpose or intent of securing an agreement or securing
are assigned to perform work in connection with a County favorable treatment with respect to the awarding or
contract, subcontract, license agreement, lease or other amending of an agreement or the making of any
financial compensation agreement issued by the County or determinations with respect to the performance of an
awarding agency, where such compensation is one hundred agreement.
percent (100%) funded by the County, shall submit to the
covered employer a completed sworn affidavit (under 6. Prohibition Against Contracting with Corporations
penalty of perjury),the form of which is attached,certifying that Reincorporate Overseas
that they have complied,in good faith,with the requirements
of Title 8 of the United States Code Section 1324a with It shall be the duty of the Contractor to read,become familiar
respect to the hiring of covered employees and with respect with, and comply with the requirements of sections A4-13
to the alien and nationality status of the owners thereof, as and A4-14 of Article IV of the Suffolk County Code.
the case may be. The affidavit shall be executed by an
authorized representative of the contractor,subcontractor,or The Contractor represents that it is in compliance with
owner, as the case may be; shall be part of any executed sections A4-13 and A4-14 of Article IV of the Suffolk
contract, subcontract, license agreement, lease or other County Code. Such law provides that no contract for
financial compensation agreement between the covered consulting services or goods and services shall be awarded
employer and the County;and shall be made available to the by the County to a business previously incorporated within
public upon request. the U.S.A.that has reincorporated outside the U.S.A.
An updated affidavit shall be submitted by each such
employer,owner,contractor and subcontractor no later than 7. Child Sexual Abuse Reporting Policy
January 1 of each year for the duration of any contract and
upon the renewal or amendment of the Contract, and It shall be the duty of the Contractor to read,become familiar
whenever a new contractor or subcontractor is hired under with, and comply with the requirements of Article II of
the terms of the Contract. Chapter 880 of the Suffolk County Code.
The Contractor acknowledges that such filings are a The Contractor shall comply with Article II of Chapter 880,
material, contractual and statutory duty and that the failure of the Suffolk County Code, entitled "Child Sexual Abuse
to file any such statement shall constitute a material breach Reporting Policy,"as now in effect or amended hereafter or
of the Contract. of any other Suffolk County Local Law that may become
applicable during the term of the Contract with regard to
Under the provisions of the Lawful Hiring of Employees child sexual abuse reporting policy.
Law, the County shall have the authority to terminate the
Contract for violations of this Law and to seek other 8. Non Responsible Bidder
remedies available under the law.
It shall be the duty of the Contractor to read,become familiar
The documentation mandated to be kept by this law shall at with, and comply with the requirements of Article II of
all times be kept on site. Employee sign-in sheets and Chapter 189 of the Suffolk County Code.
register/log books shall be kept on site at all times during
working hours and all covered employees,as defined in the Upon signing the Contract,the Contractor certifies that it has
law,shall be required to sign such sign-in sheets/register/log not been convicted of a criminal offense within the last ten
books to indicate their presence on the site during such (10)years. The term"conviction" shall mean a finding of
working hours. guilty after a trial or a plea of guilty to an offense covered
under section 189-5 of the Suffolk County Code under
Required Forms: "Nonresponsible Bidder."
"SUFFOLK COUNTY DEPARTMENT OF LABOR, 9. Use of Funds in Prosecution of Civil Actions
LICENSING, & CONSUMER AFFAIRS —NOTICE OF Prohibited
APPLICATION TO CERTIFY COMPLIANCE WITH
FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH It shall be the duty of the Contractor to read,become familiar
RESPECT TO LAWFUL HIRING OF EMPLOYEES, with, and comply with the requirements of Article III of
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Chapter 893 of the Suffolk County Code. with, and comply with the requirements of Suffolk County
Local Law No. 41-2013, a Charter Law to Implement
The Contractor shall not use any of the moneys,in part or in Performance Measurement to Increase Accountability and
whole, and either directly or indirectly, received under the Enhance Service Delivery by Contract Agencies (Article
Contract in connection with the prosecution of any civil VIII of Chapter 189 of the Suffolk County Code) as more
action against the County in any jurisdiction or any judicial fully set forth in Article I and Article III of this Contract.
or administrative forum.
All contract agencies having a contract in excess of$50,000
10. Youth Sports shall cooperate with the contract's administering department
to identify the key performance measures related to the
It shall be the duty of the Contractor to read,become familiar objectives of the services that the contract agency provides
with, and comply with Article III of Chapter 730 of the and shall develop an annual performance reporting plan.The
Suffolk County Code. contract agency shall cooperate with the administering
department and the County Executive's Performance
All contract agencies that conduct youth sports programs are Management Team to establish appropriate performance
required to develop and maintain a written plan or policy indicators and targets for monthly evaluation of the contract
addressing incidents of possible or actual concussion or agency's performance.
other head injuries among sports program participants.Such
plan or policy must be submitted prior to the award of a
County contract, grant or funding. Receipt of such plan or 14. Suffolk County Local Laws Website Address
policy by the County does not represent approval or
endorsement of any such plan or policy,nor shall the County Suffolk County Local Laws,Rules and Regulations can be
be subject to any liability in connection with any such plan accessed on the homepage of the Suffolk County
or policy. Legislature.
11. Work Experience Participation 15. Suffolk County Code of Ethics
If the Contractor is a not-for-profit or governmental agency As required by Suffolk County Standard Operating
or institution, each of the Contractor's locations in the Procedure A-06,the following is a link to the Suffolk County
County at which the Services are provided shall be a work Ethics Booklet,which contains the provisions of the Suffolk
site for public-assistance clients of Suffolk County pursuant County Code of Ethics:
to Chapter 281 of the Suffolk County Code at all times hiips://suffolkcounI3My.gov/Portals/0/formsdocsBoardofet
during the Term of the Contract. If no Memorandum of hics/Code%20ot%2OEthics%2OBooklet%20-
Understanding ("MOU") with the Suffolk County %20New%2ORevised%2OMay%202017.pdf
Department of Labor for work experience is in effect at the
beginning of the Term of the Contract,the Contractor,if it is
a not-for-profit or governmental agency or institution,shall 16. Notification of Cyber Security Breach
enter into such MOU as soon as possible after the execution
of the Contract and failure to enter into or to perform in It shall be the duty of the Contractor to read,become familiar
accordance with such MOU shall be deemed to be a failure with,and comply with the requirements of section A5-22 of
to perform in accordance with the Contract, for which the Article V of the Suffolk County Administrative Code.
County may withhold payment, terminate the Contract or
exercise such other remedies as may be appropriate in the The Contractor(as defined in section A5-22)certifies that it
circumstances. has policies and procedures in place for the effective
management of any cyber security breach, event or attack.
12. Safeguarding Personal Information of Minors The Contractor shall, within 48 hours, notify the Chief
Information Security Officer ("CISO") at the Office of
It shall be the duty of the Contractor to read,become familiar Information Technology located at William J. Lindsay
with, and comply with the requirements of Suffolk County County Complex — Building 50, 725 Veterans Memorial
Local Law No. 20-2013, a Local Law to Safeguard the Highway,Hauppauge,New York 11788 and the Department
Personal Information of Minors in Suffolk County. named on the signature page of this Contract,of any cyber
breach, event or attack, as defined in section A5-22 of
All contract agencies that provide services to minors are Article V of the Suffolk County Administrative Code. The
required to protect the privacy of the minors and are strictly Contractor,upon completion of its investigation of the cyber
prohibited from selling or otherwise providing to any third breach,event or attack, shall provide a written report of the
party,in any manner whatsoever,the personal or identifying findings of the completed investigation to the CISO.
information of any minor participating in their programs. End of Text for Article IV
13. Contract Agency Performance Measures and
Reporting Requirements Article V
General Fiscal Terms and Conditions
It shall be the duty of the Contractor to read,become familiar
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1. General Payment Terms C. Payment by County
a. Presentation of Suffolk County Payment Payment by the County shall be made within thirty(30)days
Voucher after approval of the Suffolk County Payment Voucher by
the Comptroller.
In order for payment to be made by the County to the
Contractor for the Services,the Contractor shall prepare and d. Budget Modification
present a Suffolk County Payment Voucher,which shall be
documented by sufficient, competent and evidential matter. i.) The parties shall use the Contract
Each Suffolk County Payment Voucher submitted for Budget Modification Request form
payment is subject to Audit at any time during the Term or ("Budget Modification")for revisions to
any extension thereof. This provision shall survive the Budget and Services not involving
expiration or termination of this Contract for a period of not an increase to the total cost of the
less than seven(7)years,and access to records shall be as set Contract. If the Contractor is seeking
forth in paragraph 25 of Article III, and paragraph 4(b) of such a modification,the Contractor shall
Article V. contact the Department to receive the
form and enter the required information.
b. Voucher Documentation When the County and the Contractor
agree as to such revisions, the
The Suffolk County Payment Voucher shall list all Contractor shall sign the Budget
information regarding the Services and other items for which Modification form and return it to the
expenditures have been or will be made in accordance with County for execution along with any
the Contract. Either upon execution of the Contract(for the other documentation the Department
Services already rendered and expenditures already made), may require.
or not more than thirty(30)days after the expenditures were
made,and in no event after the 31It day of January following ii•) Such request must be made in advance
the end of each year of the Contract, the Contractor shall of incurring any expenditure for which
furnish the County with detailed documentation in support the revision is needed.
of the payment for the Services or expenditures under the
Contract, e.g., dates of the Service, worksite locations, iii.) Upon complete execution of the Budget
activities, hours worked, pay rates and all program Budget Modification form, the County shall
categories. The Suffolk County Payment Voucher shall return a copy to the Contractor. The
include time records, certified by the Contractor as true and revision shall not be effective until the
accurate,of all personnel for whom expenditures are claimed Budget Modification is completely
during the period. Time and attendance records of a executed.
Contractor's Director/Executive Director shall be certified
by the Chairperson,President or other designated member of iv.) The Budget Modification form may be
the Board of Directors of the Contractor and shall be submitted only twice per calendar year
maintained by the Contractor for audit. All Suffolk County and may only be submitted prior to
Payment Vouchers must bear a signature as that term is November 15th•of that year.
defined pursuant to New York State General Construction
Law § 46 by duly authorized persons, and certification of e. Budget and/or Services
such authorization with certified specimen signatures Revisions
thereon must be filed with the County by a Contractor
official empowered to sign the Contract. i.) The parties shall use the Contract
Budget/Services Revision Approval
Disbursements made by the Contractor in accordance with Form (Budget/Services Revisions) for
the Contract and submitted for reimbursement must be revisions to the Budget and Services
documented and must comply with accounting procedures as involving any change to the total cost of
set forth by the Suffolk County Department of Audit and the Contract due to a resolution of the
Control. Documentation, including any other form(s) Legislature, changes to the County's
required by County or the Suffolk County Department of adopted annual budget, or for any other
Audit and Control,shall be furnished to the County pursuant reason necessitating revisions to the
to, and as limited by, the Regulations for Accounting Budget or Services.
Procedures for Contract Agencies of the Suffolk County ii.) When the County and the Contractor
Department of Audit and Control. In addition to any other agree as to such revisions, the
remedies that the County may have, failure to supply the Department will enter the information
required documentation will disqualify the Contractor from into the Budget/Services Revisions
any further County contracts. Form and send it to the Contractor for
signature.The Contractor shall return it
to the County for execution along with
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any other documentation the County a current copy,certified by the Contractor as true and
Department may require. accurate,of its
iii.) Upon complete execution of the form by i.) salary scale for all positions listed in the
the parties, the County shall return a Budget;
copy to the Contractor. The revision
shall not be effective until the ii.) personnel rules and procedures;
Budget/Services Revisions Form is
completely executed. iii.) pension plan and any other employee
benefit plans or arrangements.
f. Taxes
b. The Contractor shall not be entitled to
The charges payable to the Contractor under the Contract are reimbursement for costs under any pension or benefit plan
exclusive of federal,state,and local taxes,the County being the Comptroller deems commercially unreasonable.
a municipality exempt from payment of such taxes.
C. Notwithstanding anything in this paragraph 3 of
g. Final Voucher this Article V,the County shall not be limited in requesting
The acceptance by the Contractor of payment of all billings such additional financial information it deems reasonable.
made on the final approved Suffolk County Payment
Voucher shall operate as and shall be a release of the County 4. Accounting Procedures
from all claims by the Contractor through the date of the
Voucher. a. The Contractor shall maintain accounts, books,
records, documents, other evidence, and accounting
2. Subject to Appropriation of Funds procedures and practices which sufficiently and properly
reflect all direct and indirect costs of any nature expended in
a. The Contract is subject to the amount of funds the performance of the Contract, in accordance with
appropriated each fiscal year and any subsequent generally accepted accounting principles and with rules,
modifications thereof by the County Legislature, and no regulations and financial directives, as may be promulgated
liability shall be incurred by the County beyond the amount by the Suffolk County Department of Audit and Control and
of funds appropriated each fiscal year by the County the Department. The Contractor shall permit inspection and
Legislature for the Services. audit of such accounts,books,records,documents and other
evidence by the Department and the Suffolk County
b. If the County fails to receive Federal or State funds Comptroller, or their representatives, as often as, in their
originally intended to pay for the Services, or to reimburse judgment,such inspection is deemed necessary. Such right
the County, in whole or in part, for payments made for the of inspection and audit as set forth in subparagraph b.below
Services,the County shall have the sole and exclusive right shall exist during the Term and for a period of seven(7)years
to: after expiration or termination of the Contract.
i.) determine how to pay for the Services; b. The Contractor shall retain all accounts, books,
records, and other documents relevant to the Contract for
ii.) determine future payments to the seven(7)years after final payment is made by the County.
Contractor;and Federal,State,and/or County auditors and any persons duly
authorized by the County shall have full access and the right
iii.) determine what amounts, if any, are to examine any of said materials during said period. Such
reimbursable to the County by the access is granted notwithstanding any exemption from
Contractor and the terms and conditions disclosure that may be claimed for those records which are
under which such reimbursement shall subject to nondisclosure agreements, trade secrets and
be paid. commercial information or financial information that is
privileged or confidential.
C. The County may, during the Term, impose a
Budget Deficiency Plan. In the event that a Budget C. The Contractor shall utilize the accrual basis of
Deficiency Plan is imposed, the County shall promptly accounting and will submit all financial reports and claims
notify the Contractor in writing of the terms and conditions based on this method of accounting during the Term.
thereof, which shall be deemed incorporated in and made a
part of the Contract, and the Contractor shall implement 5. Audit of Financial Statements
those terms and conditions in no less than fourteen(14)days.
3. Personnel Salaries, Pension and Employee Benefit a. All payments made under the Contract are subject
Plans,Rules and Procedures to audit by the Comptroller pursuant to Article V of the
Suffolk County Charter. The Contractor further agrees that
a. Upon request, the Contractor shall submit to the the Comptroller and the Department shall have access to and
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the right to examine, audit, excerpt, copy or transcribe any C. The audit must be conducted in accordance with
pertinent transactions or other records relating to services generally accepted governmental auditing standards.
under the Contract. If such an audit discloses overpayments Financial statements must clearly differentiate between
by the County to the Contractor,within thirty(30)days after County-funded programs and other programs that the
the issuance of an official audit report by the Comptroller or Contractor may be operating. The use of subsidiary
his duly designated representatives, the Contractor shall schedules should be encouraged for this purpose. The
repay the amount of such overpayment by check to the order Auditor must also prepare a Management Letter based on the
of the Suffolk County Comptroller or shall submit a audit.
proposed plan of repayment to the Comptroller. If there is
no response,or if satisfactory repayments are not made,the d. "Subrecipients"—Federally Funded Programs
County may recoup overpayments from any amounts due or and Grants
becoming due to the Contractor from the County under the
Contract or otherwise. i.) In the event the Contractor is a
"Subrecipient"as that term is defined in
b. The provisions of this paragraph shall survive the 2 CFR § 200.93 and the Contractor
expiration or termination of the Contract for a period of expends seven hundred fifty thousand
seven(7)years,and access to records shall be as set forth in ($750,000.00)dollars or more of Federal
paragraph 25 of Article III,and paragraph 4(b)of Article V. moneys, whether as a recipient
6. Financial Statements and Audit Requirements expending awards received directly from
Federal awarding agencies or as a
a. Notwithstanding any other reporting or Contractor expending Federal awards
certification requirements of Federal, State, or local received from a pass-through entity such
authorities, the Contractor shall obtain the services of an as New York State and/or Suffolk
independent licensed public accountant or certified public County, during any fiscal year within
accountant(the"Auditor")to audit its financial statements which it receives funding under the
for each Contractor's"fiscal year"in which the Contractor Contract,the audit referred to under this
has received, or will receive, three hundred thousand paragraph 6 must be conducted and any
($300,000.00) dollars or more from the County, whether the audit report must be in accordance
under the Contract or other agreements with the County,and with OMB Uniform Grant Guidance—2
shall submit a report to the County on the overall financial CFR Part 200 ("Single Audit Report").
condition and operations of the Contractor, including a Single Audit Reports must also be
balance sheet and statement of income and expenses,attested uploaded to the Federal Audit
by the Auditor as fairly and accurately reflecting the Clearinghouse,to the extent required by
accounting records of the Contractor in accordance with the OMB Uniform Grant Guidance
generally accepted accounting principles. The audited referred to above. In addition,the Single
financial statements including respective Management Audit Report, respective financial
Letters must be emailed to the Executive Director of statements and any Management Letters
Auditing Services at Audits@suffolkcoun=y.eov within must be submitted to the Department set
thirty(30)days after completion of the audit,but in no event forth on page one of this Contract and
later than nine(9)months after the end of the Contractor's emailed to the Executive Director of
fiscal year,to which the audit relates. The Contractor may Auditing Services at
solicit requests for proposals from a number of qualified subrecipientmonitorina(i�suffolkeoun
accounting firms and review carefully the costs of, and tygy.gov within thirty (30) days after
qualifications for, this type of work before selecting the completion of the audit,but in no event
Auditor. later than nine(9) months after the end
of the Contractor's fiscal year,to which
b. The Auditor should be required to meet the the audit relates.
following minimum requirements: ii.) In the event the Contractor is a
i.) a current license issued by the New York "Subrecipient"as that term is defined in
2 CFR § 200.93 and the Contractor
State Education Department; expends less than seven hundred fifty
ii.) sufficient auditing experience in the not- thousand ($750,000.00) dollars of
for-profit, governmental or profit- Federal moneys, whether as a recipient
making areas,as applicable;and expending awards received directly from
Federal awarding agencies or as a
iii.) a satisfactory peer review issued within Contractor expending Federal awards
not more than three(3)years prior to the received from a pass-through entity such
date when the Auditor was selected to as New York State and/or Suffolk
conduct the audit. County, during any fiscal year the
Contractor must email a certified
Exemption Letter, the form of which
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shall be provided by the Department,on b. Purchase Practices/Proprietary Interest of
the Contractor's Letterhead and a County
Schedule of Federal Funds Expended to
the respective County Department and i.) The Contractor shall follow the general
the Executive Director of Auditing practices that are designed to obtain
Services at furniture, fixtures, equipment,
subrecipientmonitoringgsuffolkcounty materials, or supplies at the most
ny.gov within thirty(30)days of the end reasonable price or cost possible.
of the Contractor's fiscal year. The
Schedule of Federal Funds Expended ii.) The County reserves the right to
must include all Federal funding purchase or obtain furniture, fixtures,
received directly from the Federal equipment,materials,or supplies for the
government and all Federal funds passed Contractor in accordance with the
through from the County and other pass- programmatic needs of the Contract. If
through entities. the County exercises this right, the
amount budgeted for the items so
iii.) Subrecipients may include, but not purchased or obtained by the County for
necessarily be limited to, not-for-profit the Contractor shall not be available to
organizations;units of state government the Contractor for any purpose
or a unit of local governments. whatsoever. Title to any such items
purchased or otherwise obtained by the
e. Copies of any other audit reports including County for the programs encompassed
oversight agency audits must be submitted to the Department by the Contract and entrusted to the
set forth on page one of this Contract and emailed to the Contractor,shall remain in the County.
Executive Director of Auditing Services at iii.) The County shall retain a proprietary
(a.Auditssuffolkcountvny.gov within thirty (30) days after interest in all furniture, removable
completion of the audit(s). fixtures, equipment, materials, and
f. The requirements set forth in this paragraph 6 shall supplies purchased or obtained by the
not preclude the authorized representatives of the County, Contractor and paid for or reimbursed to
the Comptroller,or Federal or State entities from conducting the Contractor pursuant to the terms of
any other duly authorized audit(s) of records and financial the Contract or any prior agreement
statements of the Contractor. The Contractor shall make between the parties.
such records and financial statements available to authorized iv.) The Contractor shall attach labels
representatives of Federal,State and County government for indicating the County's proprietary
that purpose.
interest or title in all such property.
g. The provisions of this paragraph 6 shall survive
the expiration or termination of the Contract. C. County's Right to Take Title and Possession
7. Furniture,Fixtures,Equipment,Materials,Supplies Upon the termination or expiration of the Contract or any
renewal thereof, the discontinuance of the business of the
a. Purchases, Rentals or Leases Requiring Prior Contractor,the failure of the Contractor to comply with the
Approval terms of the Contract,the bankruptcy of the Contractor, an
assignment for the benefit of its creditors, or the failure of
Prior to placing any order to purchase, rent or lease any the Contractor to satisfy any judgment against it within thirty
furniture, fixtures, or equipment valued in excess of one (30)days of filing of the judgment,the County shall have the
thousand dollars ($1,000.00) per unit for which the right to take title to and possession of all furniture,
Contractor will seek reimbursement from the County, the removable fixtures, equipment, materials, and supplies and
Contractor shall submit to the County a written request for the same shall thereupon become the property of the County
approval to make such a proposed purchase,rental or lease, without any claim for reimbursement on the part of the
with a list showing the quantity and description of each item, Contractor.
its intended location and use,estimated unit price or cost,and
estimated total cost of the proposed order. Written approval d. Inventory Records,Controls and Reports
of the County shall be required before the Contractor may
proceed with such proposed purchase, rental or lease of The Contractor shall maintain proper and accurate inventory
furniture, fixtures or equipment. All items purchased must records and controls for all such furniture, removable
be new or like new unless specifically described otherwise fixtures and equipment acquired pursuant to the Contract and
in the Budget. all prior agreements between the parties, if any. Three (3)
months before the expiration date of the Contract, the
Contractor shall make a physical count of all items of
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furniture, removable fixtures and equipment in its custody, 9. Statement of Other Contracts
checking each item against the aforesaid inventory records.
A report setting forth the results of such physical count shall Prior to the execution of the Contract, the Contractor shall
be prepared by the Contractor on a form or forms designated submit a Statement of Other Contracts to the County. If the
by the County,certified and signed by an authorized official Contract is amended during the Term, or if the County
of the Contractor,and one(1)copy thereof shall be delivered exercises its option right,the Contractor shall submit a then
to the County within five(5) days after the date set for the current Statement of Other Contracts.
aforesaid physical count. Within five (5) days after the
termination or expiration date of the Contract,the Contractor
shall submit to the County six(6)copies of the same report 10. Miscellaneous Fiscal Terms and Conditions
updated to such date of the Contract,certified and signed by
an authorized official of the Contractor,based on a physical a. Limit of County's
count of all items of furniture, removable fixtures and Obligations
equipment on the aforesaid expiration date, and revised, if
necessary, to include any inventory changes during the last The maximum amount to be paid by the County is set forth
three(3)months of the Term. on the first page of the Contract.
C. Protection of Property in Contractor's Custody b. Duplicate Payment from Other Sources
The Contractor shall maintain vigilance and take all Payment by the County for the Services shall not duplicate
reasonable precautions to protect the furniture, fixtures, payment received by the Contractor from any other source.
equipment, material or supplies in its custody against
damage or loss by fire, burglary, theft, disappearance, C. Funding Identification
vandalism, or misuse. In the event of burglary, theft,
vandalism, or disappearance of any item of furniture, The Contractor shall promptly submit to the County upon
fixtures, equipment, material or supplies, the Contractor request, a schedule for all programs funded by the County,
shall immediately notify the police and make a record itemizing for each such program the sums received, their
thereof,including a record of the results of any investigation source and the total program budget.
which may be made thereon. In the event of loss of or
damage to any item of furniture, fixtures, equipment, d. Outside Funding for Non-County Funded
materials, or supplies from any cause, the Contractor shall Activities
immediately send the County a detailed written report
thereon. Notwithstanding the foregoing provisions of the Contract,it
is the intent of the County that the terms and conditions of
f. Disposition of Property in Contractor's the Contract shall not limit the Contractor from applying for
Custody and accepting outside grant awards or from providing
additional educational activities/services which may result in
Upon termination of the County's funding of any of the the Contractor incurring additional costs, as long as the
Services covered by the Contract, or at any other time that following conditions are met:
the County may direct, the Contractor shall make access
available and render all necessary assistance for physical i.) The County is not the Fund Source for
removal by the County or its designee of any or all furniture, the additional services;
removable fixtures, equipment, materials or supplies in the ii.) Sufficient funding is available for or can
Contractor's custody in which the County has a proprietary be generated by the Contractor to cover
interest,in the same condition as such property was received the cost incurred by the Contractor to
by the Contractor,reasonable wear and tear excepted. Any provide these additional services;and
disposition, settlements or adjustments connected with such
property shall be in accordance with the rules and regulations iii.) If sufficient funding is not available or
of the County and the State of New York. cannot be generated, the County shall
not be held liable for any of the
8. Lease or Rental Agreements additional costs incurred by the
Contractor in furnishing such additional
If lease payments or rental costs are included in the Budget services.
as an item of expense reimbursable by the County, the iv.) Prior to scheduling any such additional
Contractor shall promptly submit to the County, upon services on County-owned property,the
request, any lease or rental agreement. If during the Term, Contractor shall obtain written County
the Contractor shall enter into a lease or rental agreement,or approval. The Contractor shall, to the
shall renew a lease or rental agreement,the Contractor shall, County's satisfaction, submit any
prior to the execution thereof, submit such lease or rental documentation requested by the
agreement,to the County for approval. Department reflecting the change, and
identify the additional services to be
22 of 25 pages
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provided and the source of funding that County,at its discretion,may pay the Contractor during the
shall be utilized to cover the Term,in advance,an amount not to exceed one sixth(1/6)of
expenditures incurred by the Contractor the maximum amount to be paid by the County set forth on
in undertaking the additional services. the first page of the Contract.
e. Potential Revenue j. Payments Limited to Actual Net Expenditures
The Contractor shall actively seek and take reasonable steps The Contractor agrees that if,for any reason whatsoever,the
to secure all potential funding from grants and contracts with Contractor shall spend during the Term for the purposes set
other agencies for programs funded by the County. forth in the Contract an amount less than,or receive amounts
more than, provided in the Budget, the total cost of the
f. Payments Contingent upon State/Federal Contract shall be reduced to the net amount of actual
Funding Contractor expenditures made for such purposes. The total
amount to be paid by the County shall not exceed the lesser
Payments under the Contract may be subject to and of(i) actual net expenditures or (ii) the total cost of the
contingent upon continued funding by State and/or Federal Contract on the cover page and in the Budget. Upon
agencies. In the event payments are subject to such funding termination or expiration of the Contract,if the Contractor's
no payment shall be made until the Contractor submits total amount of allowable expenses is less than the total
documentation in the manner and form as shall be required amount of the payments made during the Term, the
by State and/or Federal agency. If late submission of claims Contractor shall prepare a check payable to the Suffolk
precludes the County from claiming State or Federal County Comptroller for the difference between the two
reimbursement,such late claims by the Contractor shall not amounts and submit such payment to the County,along with
be paid by the County subject to subparagraph g.below, if, the final Suffolk County Payment Voucher.
for any reason,the full amount of such funding is not made
available to the County, the Contract may be terminated in k. Travel, Conference, and Meeting Attendance:
whole or in part, or the amount payable to the Contractor SOP A-07 Amendment 1
may be reduced at the discretion of the County,provided that
any such termination or reduction shall not apply to Reimbursement to the Contractor for travel costs shall not
allowable costs incurred by the Contractor prior to such exceed amounts allowed to County employees. All
termination or reduction,and provided that money has been conferences that are partially or fully funded by the County
appropriated for payment of such costs. that the Contractor's staff wishes to attend must be pre-
approved, in writing, by the County and must be in
g. Denial of Aid compliance with Suffolk County Standard Operating
Procedure A-07 which may be viewed online at the County's
If a State or Federal government agency is funding the website, SuffolkCountyny.gov; go to "Government," then
Contract and fails to approve aid in reimbursement to the "Comptroller,"then"Consultant's Agreements."
County for payments made hereunder by the County to the
Contractor for expenditures made during the Term because I. Salaries
of any act, omission or negligence on the part of the
Contractor,then the County may deduct and withhold from The Contractor shall not be eligible to receive any salary
any payment due to the Contractor an amount equal to the reimbursement until proof of deposit or payment of all
reimbursement denied by the state or federal government withholding and payroll taxes to the Federal/State
agency, and the County's obligation to the Contractor shall governments has been provided to the County.
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 in. Salary Increases
final payment to the Contractor under the Contract, on
demand by the County, the Contractor shall reimburse the No salary,wage,or other compensation for the Services shall
County for the amount of the balance due the County, be increased over the amount stated in the Budget without
payable to the Suffolk County Comptroller.The provisions the prior written approval of the County.
of this subparagraph shall survive the expiration or
termination of the Contract. n. Contractor Vacancies
h. Budget The County shall have the right of prior approval of the
Contractor's filling of any vacant position as of the date of
The Contractor expressly represents and agrees that the execution of the Contract or as may thereafter become
Budget lists all revenue,expenditures,personnel,personnel vacant, and, in the exercise of that right. The County may
costs and/or all other relevant costs necessary to provide the promulgate reasonable regulations involving filling of
Services. vacancies which shall be deemed to be incorporated by
reference in, and be made part of, the Contract, provided,
i. Payment of Claims however,that subject to the availability of funding,approval
for the hiring of replacement clerical shall be a Contractor
Upon receipt of a Suffolk County Payment Voucher, the determination.
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o. No Limitation On Rights
Notwithstanding anything in this Article V to the contrary,
the County shall have available to it all rights and remedies
under the Contract and at law and equity.
p. Comptroller's Rules and Regulations
The Contractor shall comply with the"Comptroller's Rules
and Regulations for Consultant's Agreements" as
promulgated by the Department of Audit and Control of
Suffolk County and any amendments thereto during the
Term of the Contract. The "Comptroller's Rules and
Regulations for Consultant's Agreements" and"SOP A-07
Amendment 1" may be viewed online at the County's
website, SuffolkCountyny.gov; go to "Government," then
"Comptroller,"then"Consultant's Agreements."
End of Text for Article V
24 of 25 pages
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Article VI
Budget
25 of 25 pages
ARTICLE VI
I
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
PROGRAM BUDGET
2024
ARH1
AGENCY/MUNICIPALITY: Town of Southold FUND TYPE
PROGRAM TITLE:
PERSONAL SERVICES:
POSITION TITLE RATE OF BASIS TOTAL AMOUNT(1) TOTAL OCFS FUNDS REQUESTED
PAY (H,W,BW,SM) FOR THIS PROGRAM
;{<."s$;•:'4'��
•it-;.t -J' r .�a a -
TOTAL SALARIES AND WAGES
TOTAL FRINGE BENEFITS
TOTAL PERSONAL SERVICES
CONTRACTED SERVICES AND STIPENDS
TYPE OF SERVICE OR CONSULTANT TITLE RATE OF BASIS TOTAL AMOUNT(1)
PAY //7�7W,BWS =:._ w.> rKr.:� 43
>4%":h.;;
Family Service League $1,000.00 SM $9,089.00 >:,E:x':Cx ' ;" }'
'�,:-2t;�,pii3:F�._l+xi^L:,
TOTAL CONTRACTED SERVICES $9,089.00 $
TOTAL MAINTENANCE&OPERATION r is
FACILITY REPAIRS
PROGRAM SITE ADDRESS
TOTAL FACILITY REPAIRS(4) $u \
TOTAL OCFS PROGRAM AMOUNT$9,089.00
TOTAL OCFS FUNDS REQUESTED
LIST OF OTHER FUNDING SOURCES REIMBURSABLE TOTAL
MUNICIPAL FUNDING
OTHER SOURCES